Altamont Village City Zoning Code
ARTICLE V
Special Use Permits and Site Plan Review
§ 355-35 Special use permit review.
A.
Purpose. The purpose of special use approval is to allow the proper integration of uses into the community and zoning district which are only suitable in such areas given certain conditions and at appropriate locations. Because of their characteristics or the special characteristics of the area in which they are to be located, special uses require special consideration so that they may be properly located with respect to the objectives of this chapter and their effect on surrounding properties.
B.
Authorization to grant or deny special uses. The special uses listed in this chapter may be permitted, enlarged or otherwise altered upon authorization by the Zoning Board of Appeals consistent with § 7-725-b of New York State Village Law. In permitting a special use or the modification of a special use, the Zoning Board of Appeals review as part of this process may impose, in addition to those standards and requirements expressly specified by this chapter, any additional conditions which the Board considers necessary to protect the best interests of the surrounding property, the neighborhood, or the Village as a whole. These conditions may include but are not limited to increasing the required lot size or yard dimensions; controlling the location and number of vehicle access points; increasing the number of off-street parking and loading spaces required; limiting the number, size and location of signs; and required fencing, screening, landscaping or other facilities to protect adjacent or nearby property. In the case of a use existing prior to the effective date of this chapter and classified in this chapter as a special use, any change in use or in lot area or an alteration of structure shall conform to the requirements dealing with special uses.
[Amended 4-5-2022 by L.L. No. 1-2022]
C.
Application for variance. Where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area or use variance pursuant to § 7-712-b of the New York State Village Law without the necessity of a decision or determination of the Building Inspector.
D.
Conditions. The Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of the special use permit, any such conditions must be met in connection with the issuance of permits by the Building Inspector.
[Amended 4-5-2022 by L.L. No. 1-2022]
E.
Factors for consideration. The Zoning Board of Appeals' review of an application for special use permit shall include, but is not limited to, the following considerations:
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
The physical characteristics, topography and other features of the lot and the scale and physical design and other features of any new or existing buildings to be occupied by the use are suitable and adaptable for the proposed use without any modifications which would change the established character of the street or neighborhood setting.
(2)
The nature and intensity of operations of the use will not be more objectionable to surrounding properties than those of a permitted use.
(3)
The use is not in such proximity to a religious facility, school, community center, recreation place, or other prominent place of community activity and public assembly so as to regularly conflict with such other activity and thereby constitute a danger to health, safety or general welfare.
(4)
The use will not unreasonably increase or introduce traffic congestion or safety hazards or impose traffic volumes on streets and street patterns which are deficient in width, design, sight distance, intersection configuration, or other typical standards necessary to accommodate such traffic changes.
(5)
The use makes adequate provision for off-street parking in accordance with these regulations.
(6)
The use and the proposed design of building and other structure and site facilities for the use are appropriate in the proposed location and have incorporated reasonable efforts to harmonize with surrounding uses and mitigate any adverse impacts on surrounding uses, including but not limited to traffic congestion and hazards, untimely scheduling of activities, removal of trees and other established natural features, and excessive stormwater runoff, noise, nuisance, odors, glare or vibration.
(7)
The cumulative impacts of the use in the proposed location will not unreasonably interfere with or diminish the continued use, preservation, stability, value, enjoyment, prosperity or growth of the neighborhood or community.
(8)
The effect of the proposed use on the other properties in the neighborhood and the enjoyment by the inhabitants of their properties, and whether it will materially affect the value of such properties and the use and enjoyment of such properties by the occupants and any other effect of such use on the health, welfare and safety of the occupants of such properties.
(9)
The use will not conflict in any way with the Comprehensive Plan.
F.
Review assistance.
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
In its review of a special use permit, the Zoning Board of Appeals is authorized to consult with an engineer and Village, town and county officials and boards, including referral to the Village Zoning Board of Appeals, as well as with representatives of federal and state agencies, including the Soil and Water Conservation District, the United States Army Corps of Engineers or the New York State Department of Environmental Conservation. The Zoning Board of Appeals may require that design of all structures be made by or under the direction of a registered architect whose seal shall be affixed to the plans.
(2)
The Zoning Board of Appeals is also authorized to retain professional assistance in reviewing the sketch plan, preliminary site plan or final site plan as needed, including but not limited to engineers, attorneys, hydrogeologists, traffic engineers, landscape architects, and planners. An escrow account, funded by the applicant, shall be established by the Village of Altamont. All expenses related to the review of a proposal by the Zoning Board of Appeals, including retention of professional assistance, shall be paid from this escrow account. The applicant shall supply the Zoning Board of Appeals information related to the total cost of the project or other information as may be required to calculate an appropriate escrow account to cover these expenses.
G.
Time period for permit. A special use permit shall become void one year after approval unless construction has begun within such time or, by conditions of the use permit, greater or lesser time is specified as a condition of approval, or unless, prior to the expiration of one year, the permit is extended for a period of no more than one year.
H.
The Zoning Board of Appeals, on its own motion, may revoke any special use permit for noncompliance with conditions set forth in the granting of said permit after first holding a public hearing and giving notice of such hearing as provided in § 7-725-b of Village Law. The foregoing shall not be the exclusive remedy, and it shall be unlawful and punishable hereunder for any person to violate any condition imposed by a special use permit.
[Amended 4-5-2022 by L.L. No. 1-2022]
§ 355-36 Site plan approval.
A.
Purpose. The purpose of site plan approval is to determine that a proposed development subject to site plan approval is in compliance with the objectives of this chapter, creates no unhealthful or unsafe conditions and does not adversely impact on adjacent land uses or the health, safety or general welfare of the community.
B.
Timing. Upon completion of special use approval (if required), the proposed use shall then be reviewed for site plan approval under the purposes identified above based on the factors for consideration under Subsection E of this section.
[Amended 1-5-2010 by L.L. No. 1-2010]
C.
Authorization to grant or deny site plan approval. The power to approve or approve with conditions site plans as required by this section is vested in the Zoning Board of Appeals. All site plan information shall be prepared by a licensed architect, engineer, surveyor or landscape architect. All site plans shall show the seal and signature of said architect, engineer, surveyor or landscape architect. In addition, such professional shall submit to the Village a signed affidavit that the plans for the project were prepared by said professional, his employees or by an agency of the federal, state or local government. No building permit shall be issued except in accordance with § 7-725-a of the Village Law and standards and procedures set forth in this section.
[Amended 4-5-2022 by L.L. No. 1-2022]
D.
Conditions. The Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of the site plan, any such conditions must be met in connection with the issuance of permits by the Building Inspector.
[Amended 4-5-2022 by L.L. No. 1-2022]
E.
Factors for consideration.
(1)
The Zoning Board of Appeals' review of a preliminary site plan shall include, but is not limited to, the following considerations:
[Amended 4-5-2022 by L.L. No. 1-2022]
(a)
Full conformance of the site plan with the provisions of this chapter.
(b)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, drainage channelization structures and traffic controls. Consideration will also be given to the project's impact on the overall traffic circulation system of the neighborhood and the Village.
(c)
Adequacy of fire lanes and other emergency zones, traffic circulation and system of fire hydrants.
(d)
Adequacy and arrangement of pedestrian traffic access and circulation, including, but not solely limited to, separation of pedestrians from vehicular traffic, control of intersections and overall pedestrian convenience; where appropriate, consideration of access and facilities for bicycles.
(e)
Location, arrangement, site, design and general site compatibility of buildings, lighting and signs. As much as it is possible, consideration should be given to noise sources, privacy, prevailing wind directions and seasonal sun movements when locating structures, patios and open spaces on parcels, exhaust fans and outdoor waste disposal locations.
(f)
Location, arrangement and setting of off-street parking and loading areas.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between these adjoining properties.
(h)
In the case of an apartment house or multiple-dwelling complex, the adequacy of usable open space for playgrounds and informal recreation.
(i)
Adequacy of provisions for the disposal of stormwater and drainage, sanitary waste and sewage, water supply for fire protection and general consumption, solid waste disposal and snow removal storage areas.
(j)
Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(k)
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(l)
Retention of existing trees and vegetation for protection and control of soil erosion, drainage, natural beauty and unusual or valuable ecology.
(m)
Consistency with the neighborhood and Village character.
(n)
Consistency with the character of the National Historic District.
(o)
The proposed use and site plan comply with all regulations applicable to the district in which it is located.
(p)
The proposed use and site plan are to be developed in such a way as to provide maximum land use efficiency and amenity within the site and in relation to surrounding uses, based upon a reasonable consideration of the site plan and functional requirements of the proposed use.
(q)
The proposed use and site plan recognize and will not impede development of any adjoining vacant land resources.
(r)
The proposed use and site plan will not have an adverse impact upon the character or integrity of any land use within the immediate neighborhood having unique recreational, cultural, historical, architectural, or other special community values, including those inherent in any conservation areas identified on the Zoning Map.
(s)
The proposed use and site plan are physically and visually compatible with and will not impede the development or redevelopment of the general neighborhood or adversely affect existing land uses surrounding the site, including but not limited to adverse effects of dust, noise, vibration, heat, glare, or odor.
(t)
The site plan provides and permits adequate supporting services such as fire and police protection, public and private utilities and all other supporting governmental services necessary and appropriate to the proposed use.
(u)
The site plan design and control of vehicular and pedestrian traffic provide for the maximum safety of the general public and the occupants, employees, visitors, and other persons using the site.
(v)
Consideration of the recommendations of any architectural guidelines as may be adopted by the Village of Altamont.
(w)
The building design for commercial buildings in compliance with § 355-20 of this chapter.
(2)
No modification of existing stream channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with a moderate to high susceptibility to erosion, or excavation for and construction of site improvements shall begin until the developer has received final site plan approval and met any conditions thereof. Failure to comply shall be construed as a violation of this chapter, and, when necessary, final site plan approval may require the modification or removal of unapproved site improvements.
F.
Review assistance.
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
In its review of a site plan application, the Zoning Board of Appeals is authorized to consult with an engineer and Village and county officials and boards, as well as with representatives of federal and state agencies, including the Soil and Water Conservation District, the United States Army Corps of Engineers or the New York State Department of Environmental Conservation.
(2)
The Zoning Board of Appeals is also authorized to retain professional assistance in reviewing the sketch plan, preliminary site plan or final site plan as needed, including but not limited to engineers, attorneys, hydrogeologists, traffic engineers, landscape architects, and planners. An escrow account, funded by the applicant, shall be established by the Village of Altamont. All expenses related to the review of a proposal by the Zoning Board of Appeals, including retention of professional assistance, shall be paid from this escrow account. The applicant shall supply the Zoning Board of Appeals information related to the total cost of the project or other information as may be required to calculate an appropriate escrow account to cover these expenses.
§ 355-37 Integration of and review procedures for special use permits and site plan approvals.
A.
Time of submittal.
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
Prior to issuing a building permit for the construction of a building on a parcel of land for any permitted use in any district, except single- and two-family dwellings and their customary accessory structures, the owner, developer, agency or Building Inspector shall refer the special use permit/site plans for such parcel of land to the Zoning Board of Appeals. Such plans shall be placed on the agenda of the Zoning Board of Appeals for its review and approval.
(2)
A special use permit/site plan shall be submitted to the Zoning Board of Appeals only when the land on which the proposal is situated is in the proper zoning district to allow the intended use(s). The Zoning Board of Appeals shall determine which of the following stages and/or date requirements are necessary and completely document its reasons for its actions on these matters as part of the information on an application.
B.
Preapplication sketch for special use permit and site plan approval.
(1)
The applicant may arrange with the Building Inspector for an informal discussion with the Zoning Board of Appeals prior to submission of a special use permit request and site plan application. The intent of the sketch plan meeting is to enable the applicant to inform the Zoning Board of Appeals of the proposal prior to the preparation of a detailed site plan and special use permit application and for the Zoning Board of Appeals to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. At the sketch plan conference the Zoning Board of Appeals will review and determine if the proposal is in conformity with the Comprehensive Plan of the Village of Altamont and this chapter. The Zoning Board of Appeals shall also review with the applicant submission requirements to determine what specific information is to be presented with the site plan and special use application.
[Amended 12-4-2012 by L.L. No. 3-2012; 4-5-2022 by L.L. No. 1-2022]
(2)
The preapplication sketch shall include 10 copies of the application forms and required information as set forth below:
[Amended 2-1-2011 by L.L. No. 1-2011]
(a)
Title of drawing, North arrow, date and scale. North arrow shall point to the top of the plan sheet.
(b)
Schematic location of site with respect to existing and proposed rights-of-way and intersections.
(c)
Internal street pattern, if any, of the proposed development.
(d)
Location of all existing structures on the site and future use of the same.
(e)
Existing zoning classification(s) of the property and all adjacent properties and any restrictions on land use of the site.
(f)
Existing natural features on the site and future use of the same.
(g)
Contour intervals at 10 feet, including 200 feet of adjacent property.
(h)
Names of owners of adjacent properties.
(i)
Special use permit and/or site plan review application forms, as provided by the Village of Altamont.
(3)
The Zoning Board of Appeals may suggest changes in the preapplication sketch involving street layout, traffic patterns, lot size or shape, preservation of natural features or other matters which, in its opinion, will improve the layout in keeping with the best interest of the Village.
[Amended 4-5-2022 by L.L. No. 1-2022]
(4)
The Zoning Board of Appeals shall review and accept or reject the sketch plan within 45 days unless provided for elsewhere in this chapter.
[Amended 4-5-2022 by L.L. No. 1-2022]
(5)
The Zoning Board of Appeals shall notify the applicant, in writing, of its decision. A copy of the minutes of the meeting at which the decision was made shall suffice. Upon approval of a sketch plan, the applicant can apply for preliminary site plan approval.
[Amended 4-5-2022 by L.L. No. 1-2022]
C.
Application for special use permit and preliminary site plan approval. After Zoning Board of Appeals approval of a sketch plan, any preliminary application for site plan approval and special use permit shall be made in writing on a form prescribed by the Village. The application and required information shall be submitted to the Building Inspector at least 10 business days prior to the date of the regular meeting of the Zoning Board of Appeals. The Zoning Board of Appeals shall, within 45 days of a preliminary application being filed, determine whether to accept the application as complete and begin the review process, or to reject the application as incomplete. Incomplete applications shall be returned to the applicant, without prejudice, with a letter stating the application deficiencies. No application shall be considered complete until a negative declaration under SEQRA Part 617 has been issued or until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content, and adequacy.
[Amended 2-1-2011 by L.L. No. 1-2011; 4-5-2022 by L.L. No. 1-2022]
(1)
An area map showing that portion of the applicant's property under consideration, the applicant's entire adjacent holdings and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
(2)
Existing contour intervals of not more than five feet of elevation, and shall include 200 feet of adjacent property.
(3)
Proposed finished contour intervals of not more than five feet of elevation and direction of drainage with arrows.
(4)
A preliminary site plan, including the following information:
(a)
Title of drawing, including name and address of applicant.
(b)
North arrow pointing to the top of the plan sheet, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses.
(e)
A plan showing:
[1]
Location of all buildings and structures, including accessory buildings;
[2]
Location and size of off-street loading and parking facilities, with access and egress drives thereto;
[3]
Location and size of outdoor storage, if any, and the method of screening the storage area from public view;
[4]
Location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences;
[5]
Description of method of sewage disposal and location of such facilities and any proposed changes in existing stream channels;
[6]
Location and size of all signs;
[7]
Location and proposed development of buffer areas;
[8]
Location and design of lighting facilities;
[9]
Any existing and proposed easements;
[10]
Location, if any, of waste storage and the method of screening from public view, air-conditioning units and other facilities located on rooftops of buildings, and location of exhaust fans for use in relationship to adjacent residential areas; and
[11]
Landscaping.
(f)
Soil areas and their classification, and those areas, if any, with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion. For areas with potential erosion problems, the preliminary site plan shall also include an outline and description of existing vegetation.
(g)
The preliminary site plan shall also include drawings showing the building design and architectural features proposed by the applicant.
D.
SEQRA. The Zoning Board of Appeals shall comply with all provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
[Amended 4-5-2022 by L.L. No. 1-2022]
E.
County Planning Board referral. At least 10 business days prior to the scheduled public hearing, the Zoning Board of Appeals shall mail notices to the County Planning Board as required by § 239-m of the General Municipal Law. The County Planning Board shall have 30 days to review and make a recommendation on approval of any application.
[Amended 2-1-2011 by L.L. No. 1-2011; 4-5-2022 by L.L. No. 1-2022]
F.
Public hearing. A joint special use permit/site plan approval public hearing shall be held on the preliminary site plan within 62 days from the day an application is determined complete.
[Amended 1-5-2010 by L.L. No. 1-2010; 2-1-2011 by L.L. No. 1-2011; 4-5-2022 by L.L. No. 1-2022]
(1)
The Zoning Board of Appeals shall mail a notice of the public hearing to the applicant at least 10 business days before such hearing and shall give public notice of said hearing in a newspaper of general circulation in the Village at least five business days prior to the date of the hearing.
(2)
When site plan review or an application for a special permit involves property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Zoning Board of Appeals shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 business days prior to any hearing. Such adjacent municipality may appear and be heard.
G.
Action on special use permit and/or preliminary site plan application.
[Amended 2-1-2011 by L.L. No. 1-2011; 4-5-2022 by L.L. No. 1-2022]
(1)
Within 62 days of the public hearing, the Zoning Board of Appeals shall act on the special use permit application and/or the preliminary site plan application. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. No decision shall be made until after the thirty-day review period required for the County Planning Board. The Zoning Board of Appeals may take action on the special use permit and/or preliminary site plan application at the same regularly scheduled meeting where the public hearing has been conducted and closed, provided all proper notifications, referrals, and other procedures as per this chapter have been completed.
(2)
The Zoning Board of Appeals' action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is conditionally approved. A copy of the appropriate minutes of the Zoning Board of Appeals shall be a sufficient report. The Zoning Board of Appeals' statement may include recommendations as to desirable revisions to be incorporated in the final site plan and conditions to be met for the special use permit, conformance with which shall be considered a condition of approval. If the preliminary site plan is disapproved, the Zoning Board of Appeals' statement will contain the reasons for such findings. In such a case, the Zoning Board of Appeals may recommend further study of the site plan and resubmission of the preliminary site plan to the Zoning Board of Appeals after it has been revised or redesigned.
(3)
If the Zoning Board of Appeals shall recommend in its review report that a special use permit shall not be granted, the preliminary site plan shall not be approved.
H.
Filing. The decision of the Zoning Board of Appeals shall be filed in the office of the Village Clerk within five business days after the decision is made and a copy mailed to the applicant.
[Amended 4-5-2022 by L.L. No. 1-2022]
I.
Application for final detailed site plan approval.
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
After receiving preliminary site plan approval and a special use permit from the Zoning Board of Appeals and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare a final detailed site plan and submit it to the Zoning Board of Appeals for approval; except that if more than six months has elapsed between the time of the Zoning Board of Appeals' report on the preliminary site plan and if the Zoning Board of Appeals finds that conditions have changed significantly in the interim, the Zoning Board of Appeals may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for approval.
(2)
The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It shall incorporate any revision or other features that may have been required by the Zoning Board of Appeals at the preliminary review. If the preliminary site plan and final site plan are largely in conformance with each other, no public hearing needs to be held on the final site plan. If however, the final site plan differs significantly from the approved preliminary plan, the Zoning Board of Appeals may hold an additional public hearing as per Subsection F of this section.
J.
Action on the final detailed site plan application.
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
Within 62 days of the receipt of the application for final site plan approval, the Zoning Board of Appeals shall render a decision to the applicant and Building Inspector.
(2)
Upon approving an application, the Zoning Board of Appeals shall endorse its approval on three copies of the final site plan and shall forward one copy to the Building Inspector who may then issue one or more building permits to the applicant if the project conforms to all other applicable requirements of this chapter. The second copy shall be filed with the Zoning Board of Appeals, and it shall be considered the legally approved plan with which all development on the respective site must conform. The third copy shall be forwarded to the applicant.
§ 355-38 Special standards and requirements.
A.
Home occupation.
(1)
Only one home occupation shall be permitted in a dwelling.
(2)
The home occupation shall not alter the primary use of the premises as a dwelling and shall be limited to 30% of the floor area of the first floor of the dwelling.
(3)
For major home occupations, the applicant shall identify anticipated average peak weekday vehicle trips generated by the dwelling and the home occupation and shall demonstrate the off-street and on-street parking capacity available to meet this parking need. Any on-street parking resources shall not include regular use of spaces fronting on adjoining properties. Off-street parking and loading shall accommodate access and egress of any supply or service vehicles to the home occupation without obstructing traffic.
(4)
For major home occupations only, external signs shall only be attached to the dwelling. External signage shall comply with § 355-23.
(5)
Other than one nonresident employee permitted in a major home occupation, only the occupants of the dwelling may conduct the activity.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6)
In no way shall the appearance of the dwelling be altered nor shall the activity within the dwelling be conducted in a manner which would cause the residential character of the premises to change, either by the use of colors, materials, construction, lighting, or signs or the emission of noise, odor, vibration, glare, electrical disturbance, or conditions which are not typical of dwellings in the neighborhood.
(7)
There shall be no exterior storage of stock or equipment nor exterior display of goods or products.
(8)
There shall be no other exterior evidence of the home occupation such as for display or storage purposes or such that the exterior of the work area is altered in any way.
(9)
Any application for a special permit for a home occupation which does not clearly comply with all above requirements and which does not demonstrate that peak parking needs can be satisfied without undue impact on the residential character of the street and neighborhood shall be denied.
B.
Bed-and-breakfast.
(1)
No exterior alterations, other than those mandated by any other codes or regulations to assure safety and sanitation, shall be made to any existing dwelling for the purpose of operating and conducting a bed-and-breakfast.
(2)
No outdoor advertising other than one sign permitted by these regulations shall be provided.
(3)
No walk-in guests shall be permitted.
(4)
Only a breakfast meal may be served to guests.
(5)
The owner/occupant shall maintain a current guest register, including names, addresses and dates of occupancy of all guests; such register shall be available for inspection by the Building Inspector.
(6)
Off-street parking shall be provided in accordance with these regulations without unreasonably changing the existing residential character of the lot.
C.
Group family home and day-care center.[2]
(1)
Such uses shall be as defined and as required below.
(2)
No exterior alterations other than those mandated by any other codes or regulations to assure safety and sanitation shall be made to any existing dwelling.
(3)
Within a residential district, any new building shall be compatible with the scale, character and design of surrounding dwellings and shall comply with all regulations herein applicable to the district.
(4)
The number of residents in a group family home shall be reasonably consistent with the number of bedrooms and other living accommodations available in the structure.
(5)
A day-care center shall operate only between the hours of 6:00 a.m. and 6:00 p.m. Monday through Saturday.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D.
Drive-in facility or car wash.
(1)
Such use shall be as defined and as required below.
(2)
Provision shall be made for off-street stacking of at least five vehicles entering and waiting for service for each drive-in station or unit and for adequate stacking and movement of existing vehicles from the drive-in stations to the street. Any facility which may regularly generate stacking of vehicles on travel lanes of access streets so as to impede either public vehicle or pedestrian traffic shall be denied.
(3)
All vehicle movements required by the facility shall meet all reasonable sight distance and other safety standards, and such movements shall be properly controlled with uniform traffic control signs and other devices.
(4)
Drive-in traffic shall not interfere with access to required off-street parking.
(5)
The lot shall have a minimum width of 100 feet along each fronting street.
(6)
Substantial curbed and landscaped buffers in accordance with these regulations or otherwise acceptable to the Zoning Board of Appeals based on lot dimensions and site plan requirements shall be provided along all side and rear lot lines.
[Amended 4-5-2022 by L.L. No. 1-2022]
(7)
Surface drainage shall be controlled and collected on site and connected to a storm drainage system; significant runoff onto streets shall not be permitted; proper provision shall be made for directing car wash wastewater to a sanitary sewer system.
E.
Gasoline service station.
(1)
Such use shall be as defined and as required below.
(2)
Entrance and exit driveways shall be located at least 20 feet from any side or rear lot lines and at least 35 feet from any intersecting street right-of-way line. Driveways shall be planned to avoid the necessity of any vehicle backing into a street or across a sidewalk. All areas of vehicular servicing and movement other than driveways shall be located on the lot and not in the street right-of-way.
(3)
The use shall be laid out to avoid stacking of entering vehicles in travel lanes of access streets.
(4)
No building or other structure, except a fence, shall be closer than 50 feet to any lot in a residential district or any other lot used for residential purposes.
(5)
Any permitted repair or servicing of vehicles, other than the dispensing of fuel, oil, water and air, shall be performed indoors.
(6)
No unlicensed or dismantled motor vehicles shall be stored outdoors.
(7)
No vehicle shall be parked or stored outdoors for the purpose of sale or offering for sale of such vehicle.
(8)
Adequate off-street parking shall be provided for employees at peak shift.
(9)
In the event that the continuous business operation of a gasoline service station shall be discontinued for a period exceeding one month, the owner and/or any lessee shall provide adequate protection against unlawful entry into the buildings and onto the property to prevent the storage of abandoned vehicles thereon and shall legally remove and dispose of all flammable liquids from all fuel tanks in accordance with all prescribed regulations applicable to such action.
(10)
In the event that any gasoline service station is permanently abandoned, the owner and/or any lessee shall immediately remove all fuel tanks, gasoline pumps, signs, light poles, and other accessory structures. A gasoline service station shall be considered permanently abandoned when there has been no continuous business operation for a period of six months.
(11)
Gasoline service stations shall be permitted only on lots of 40,000 square feet or more, with 150 feet minimum frontage, and on corner lots a minimum of 100 feet of frontage on each street or highway.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(12)
The area for use by motor vehicles, except access drives thereto, as well as any structures shall not encroach on any required yard area.
(13)
No fuel pump shall be located closer than 20 feet to any side lot line or closer than 35 feet to any street line, measured from the outside edge of the fuel island.
(14)
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station unless a street 50 feet wide or more lies between such service station and such building or use.
(15)
All repair work and storage shall be within a completely enclosed building which has a maximum height of 25 feet.
(16)
No gasoline service station shall have more than four bays.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F.
Convenience store.
(1)
Such use shall be as defined and as required below.
(2)
Outdoor storage of any stock or other material or outdoor display or sale of any goods shall be prohibited, unless stored or displayed within four feet of the building perimeter.
G.
Funeral home.
(1)
Such use in any residential district shall only be permitted in an existing structure, and the exterior residential character of the structure shall not be modified except as may be required by other applicable codes and regulations for safety and sanitation.
(2)
Required off-street parking shall be provided on the lot.
H.
Medical center or clinic; club.
(1)
Requirements for such a facility shall be based on and deal with the intensity of use and the corresponding adequacy of off-street parking in relation to established uses and structures, particularly traffic, noise and other impacts on adjoining and surrounding residential districts and uses.
(2)
Such use shall comply fully with all minimum yard depth and related buffering and screening requirements and off-street parking schedules of these regulations.
(3)
If typical weekday peak traffic and parking needs expected to be generated by the use are determined by the Zoning Board of Appeals to exceed the applicable off-street parking schedule and the lot is located so that such traffic will affect residential districts and uses, additional parking spaces shall be provided as required by the Zoning Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
I.
Motel/hotel.
(1)
Such use is classified as a special use because of the potential scale and density of development and traffic generation. The Zoning Board of Appeals shall review such use primarily in terms of architectural and site plan review criteria and considerations but shall also focus on any special traffic considerations which are appropriate.
[Amended 4-5-2022 by L.L. No. 1-2022]
(2)
The location of entrance and exit driveways and the traffic volumes and patterns currently being experienced on access streets shall be particularly reviewed in relation to anticipated additional peak hour traffic expected to be generated by the use. Any significant adverse impacts expected from such traffic and any visual, noise or other impacts on surrounding residential districts and uses shall be considered by the Zoning Board of Appeals in determining the appropriateness of the use.
[Amended 4-5-2022 by L.L. No. 1-2022]
(3)
The proposed extent of grading of the site and drainage management shall also be considered. Stormwater runoff shall be controlled and collected on site and discharged to a public storm sewer system or to a natural drainage system with capacity to accept such runoff. An on-site stormwater detention facility may be required to provide controlled release if potential runoff exceeds the capacity of downstream systems to accept such runoff without flooding, erosion or other adverse impacts.
(4)
No motel shall be constructed on any lot unless the area is serviced by municipal water and sewer facilities.
(5)
Except where otherwise provided by this chapter, the minimum distance between the building and any side lot shall be 15 feet, and the minimum distance between buildings shall be 10 feet. No motel shall be constructed on any lot where the land area shall be less than 2,000 square feet per unit; provided, however, that the area is serviced by municipal water and sewer facilities.
J.
Parking facility/lot.
(1)
Any such use developed by one or more applicant property owners, with or without any government participation, shall reasonably comply with all regulations as they may affect the design, dimensions, surfacing, lighting, buffering and screening, signing, or other aspects of development of a parking lot.
(2)
Such use shall preferably have two driveway connections to streets and shall be located and designed to avoid stacking up of entering vehicles in travel lanes of adjoining streets or any conflict with pedestrian traffic.
(3)
The Zoning Board of Appeals shall also review such proposed use in relation to surrounding neighborhood, business area, and other uses in order to consult and participate with the applicant in suggesting any modifications which may be appropriate to serve current or anticipated parking needs.
[Amended 4-5-2022 by L.L. No. 1-2022]
K.
Accessory apartments and conversion of single-family to two-family residences.
(1)
General. All accessory apartments and conversions of single- to two-family residences in any zoning district where allowed are considered special uses and require a special use permit from the Zoning Board of Appeals.
[Amended 12-4-2012 by L.L. No. 3-2012; 4-5-2022 by L.L. No. 1-2022]
(a)
All applicable minimum setbacks, road frontage and area requirements set forth in § 355-15 shall be met. See Subsection K(2)(f), below.
(b)
Adequate off-street parking must be provided on site in order to accommodate occupation by tenants.
(c)
The design of any proposed addition to the principal single-family dwelling or any accessory structure in which the accessory apartment is proposed shall conform to the general character and appearance of the principal dwelling and be consistent with the general character of the neighborhood.
(d)
The driveway for ingress and egress to the accessory apartment should utilize the existing driveway utilized for the ingress and egress of the principal single-family dwelling to the maximum extent practicable. If another driveway is needed, its location and design should not adversely affect the existing driveway on the lot or driveways of neighboring lots in the area with respect to safety and layout.
(e)
The location and use of the accessory apartment shall not adversely affect neighboring properties.
(f)
The design, size, and layout of the accessory apartment shall be consistent with the continual use of the apartment as an accessory use to the principal single-family dwelling on the lot. Such accessory apartment shall not be subdivided from any parcel containing a single-family dwelling for any use.
(g)
Only one accessory apartment shall be allowed in any single-family dwelling and only one accessory apartment shall be allowed on any single-family residential lot.
(2)
When accessory apartment is in single-family dwellings:
(a)
No exterior changes shall be made which will alter or extend the existing foundation of the principal structure.
(b)
The accessory apartment is self-contained, with separate cooking, sleeping and sanitary facilities for use by the occupant(s).
(c)
The accessory apartment is subordinate to the principal residence and contains no more than 40% of the total habitable space of the existing structure prior to the construction of such accessory apartment or 1,000 square feet, whichever is the more restrictive.
(d)
The accessory apartment shall be limited to two bedrooms.
(e)
The conversion of any existing single-family dwelling to accommodate an accessory apartment is limited to one accessory apartment per principal residence.
(f)
Parking, as required for an accessory apartment/principal residence, shall be a minimum of two spaces per dwelling unit on site and shall be designed and located to be convenient without encroaching on any required yard or setback area.
(g)
The water supply and sanitary system of the accessory apartment shall be connected to the water supply and sanitary system of the single-family dwelling.
(h)
Either the accessory apartment or single-family dwelling must be owner-occupied.
(i)
The lot may not be an existing nonconforming lot of less than the prescribed lot area or lot width.
(j)
When an existing single-family structure is altered to accommodate an accessory apartment, all construction associated with adaptation of the existing structure shall be performed in a manner that retains and enhances the character of the structure. The design and construction of the adaptation of the accessory structure shall further be compatible with the parent structure on the premises and with the overall character of the neighborhood.
(3)
When accessory apartment is in accessory structure to single-family dwelling:
(a)
The principal dwelling and the accessory apartment are, at the time of construction, on a single lot with a lot area no less than the minimum specified for the zoning district. The accessory apartment shall satisfy all setback requirements set forth for a principal structure within the zoning district.
(b)
The accessory apartment is self-contained, with separate cooking, sleeping and sanitary facilities for use by the occupant(s).
(c)
Parking, as required for an accessory apartment/principal residence, shall be a minimum of two spaces per dwelling unit on site and shall be designed and located to be convenient without encroaching on any required yard or setback.
(d)
The total square footage of the accessory apartment shall not exceed 1,000 square feet or be less than a minimum of 320 square feet.
(e)
No accessory apartment in an accessory structure shall be housed in a mobile home.
(f)
The accessory apartment shall be connected to the same water supply and/or sanitary system of the single-family dwelling. Any proposed accessory apartment in an accessory structure shall first receive approval from the Albany County Department of Health with respect to the on-site water supply and sanitary system to be utilized by the accessory apartment before a special use permit is granted.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(g)
Either the accessory apartment or the single-family dwelling must be owner-occupied.
L.
Multiple-family developments.
(1)
In the R-10M District, no more than 65% of all structures proposed on a parcel or lot shall be multiple-family units.
(2)
There shall be a minimum dimension of 800 square feet per unit and a maximum of 2,000 square feet per unit.
(3)
All structures containing multiple-family units shall have a minimum roof pitch of six over 12.
(4)
All front yards attached to multiple-family structures shall have a clearly defined front yard using landscaping, fencing, hedging, or brick or stone wall, none of which shall exceed three feet in height. Front yards of attached townhouses may be unified into one common yard treated as a single front yard for the entire building.
(5)
All townhouse multiple-family units shall have the following dimensions:
(a)
Maximum building coverage: 60%.
(b)
Minimum nonimpervious surfaces: 30%.
(c)
Maximum building size: four dwelling units in a row and 100 feet in length.
(d)
Open space between buildings on the same lot: 30 feet.
(e)
Rear yard garage required.
(f)
All front, side and rear yards as required by § 355-16.
(6)
All apartment or other multiple-family units shall have the following dimensions:
(a)
Maximum building coverage: 60%.
(b)
Minimum nonimpervious surfaces: 30%.
(c)
Maximum building size: six dwelling units in a building and 95 feet in length.
(d)
Open space between buildings on the same lot: 30 feet.
(e)
Rear yard garage required.
(f)
All front, side and rear yards as required by § 355-16.
(7)
All multiple-family developments shall:
(a)
Consist of structures of an architectural style that emulates single-family residences in building design, entrance, and other architectural details.
(b)
Limit uniformity and monotony by limiting the repetition of colors, materials and architectural details throughout the neighborhood. Buildings should vary in appearance but share a common design style.
(8)
Paved off-street parking areas shall be provided as follows:
(a)
On-site pedestrian and vehicle circulation shall be designed to limit traffic hazards.
(b)
Two parking spaces per dwelling unit shall be required.
(c)
Parking and traffic circulation should include appropriate signs and striping to direct traffic on and off site.
(d)
Sidewalks shall be provided, as appropriate, to connect the residential units with parking areas, public streets, recreation areas, and other apartment buildings and other existing sidewalks if present.
(9)
Buffer areas shall be used to maintain natural areas between multiple-family structures. Buffer strips shall consist of trees, hedges, dense plantings, earth berms, and other changes in grade.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(10)
Landscaping and screening shall conform to the following minimum standards:
(a)
Use of existing vegetation to the greatest extent possible.
(b)
Along road frontage, a ten-foot-wide landscaped buffer shall be provided and designed so as not to obstruct sight distance at road access points.
(c)
Units shall be sited for maximum preservation of mature trees (trees of 12 inches or more in diameter).
(d)
Clear-cutting of the entire site area is prohibited.
(e)
Lighting provided on the site to ensure safe movement of persons and vehicles and for security purposes shall conform to the following standards:
[1]
All lighting shall be designed and arranged so as to minimize glare and reflection on adjacent properties.
[2]
The maximum height of freestanding lights should not exceed 20 feet.
[3]
The source of the lights shall be shielded or located such that it shall not be visible outside the boundaries of the parcel being developed.
(f)
The Zoning Board of Appeals may require that all utilities, exclusive of transformers, be placed underground at the time of initial construction. Required utilities may include water, sewer, storm drainage, telephone, television cable, electricity, gas, and wiring for streetlights.
[Amended 4-5-2022 by L.L. No. 1-2022]
(g)
Solid waste and recycling receptacles of adequate capacity shall be provided for the maximum number of residents. Receptacles shall be screened from view by fencing or landscaping and properly emptied to prevent odor and unsanitary conditions. The receptacle shall be designed to prevent loose litter.
(h)
Snow storage areas shall be indicated on the site plan and shall not interfere with required parking or traffic circulation.
(i)
There shall be adequate provision for firefighting. The applicant shall provide a fire-fighting plan to assure the required water quantity will be readily available and that such water will be provided for fire-fighting purposes.
(11)
One sign per entrance that identifies the development is permitted and should be compatible with the general environment of the project site. Signs should conform to the following standards.
(a)
Maximum height for each two-sided, freestanding entrance sign, from base elevation, shall be no greater than six feet.
(b)
Maximum area of one side or face of a sign shall not exceed 10 square feet.
(c)
All signs should be erected a minimum of 15 feet from any roadway edge.
M.
Medical/dental/optical laboratory
[Added 9-6-2012 by L.L. No. 1-2012]
(1)
All applicable requirements of Articles III, IV and V of this chapter shall be met.
(2)
There shall be no direct pickup from patients.
(3)
Outdoor storage of materials shall be prohibited unless fully enclosed in an approved accessory structure that meets all requirements of this chapter.
(4)
Buildings shall be a maximum of 2,000 square feet in total area.
(5)
Adequate evidence shall be furnished by the applicant demonstrating that noise levels will not disturb nearby residential or commercial properties and that ambient noise levels will be maintained. The applicant shall be required to take all measures necessary to reduce noise levels so that they do not exceed ambient levels. The applicant shall demonstrate that there shall be no vibration affecting properties beyond the limits of the lot.
(6)
The location, arrangement, size, nature, intensity of operations and design of the use shall be compatible with the neighborhood in which it is located, with the aesthetic character of Altamont, and shall safeguard surrounding properties from glare, unsightliness, odors, or other objectionable features.
§ 355-38.1 Stormwater pollution prevention plan.
[Added 6-7-2016 by L.L. No. 2-2016]
A stormwater pollution prevention plan consistent with the requirements of Chapter 308 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 308. The approved site plan shall be consistent with the provisions of Chapter 308.