Amsterdam, NY Zoning Ordinance

Code enforcement. All applications on vacant development lots for building permits, variance requests, site plan reviews, special use permits and zone change requests, including PUDs, shall use the design guidelines where appropriate.

Planning Commission. The City Planning Commission shall use these design guidelines on vacant development lots for site plan reviews, special use permits and subdivision applicants where appropriate.

Zoning Board of Appeals. The City Zoning Board of Appeals shall use these design guidelines for any application on vacant development lots that contains design features applicable in this section.

Applicability. The design guidelines shall be applied to the following actions and design elements on vacant lots where development is being considered. The design guidelines shall not apply to any development in historic resources overlay zones.

New construction for all commercial, multifamily developments, duplex and single-family residences and structures.

Streetscapes.

Outside elements visible from street.

Parking lots.

Fencing.

Signage.

Design principles. The following design principles should be considered when reviewing and taking action on development proposals:

Walkability: Create pedestrian-friendly street design.

Connectivity: Provide interconnected street grid and connections between adjacent properties where appropriate.

Mixed-use and diversity: Allow and encourage mixed housing types, sizes and price ranges where appropriate.

Quality architecture and urban design: Encourage the emphasis on beauty, aesthetics, human comfort and scale to the greatest extent possible.

Protect the existing neighborhood structure.

Encourage a mixture of transportation choices: Look to increase opportunities for walking, biking and public transportation.

OUTSIDE ELEMENTS VISIBLE FROM STREET

Consider the how the project affects quality of life for the surrounding area.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CHARACTER

The quality of a place, which encompasses a number of attributes and features. For the purposes of these design guidelines, the character of a place should be determined from observations close up and from a distance, and include consideration of the project's building shape, openings, rooflines, projections, trim and its overall setting.

HISTORIC

Structures or properties belonging to and built in the past; generally of an age of 50 years or older.

HISTORIC ELEMENTS

The parts and places of a development application and its surroundings that are historic in nature.

The physical elements (yard and/or structures) of the application/site that are visible from a public street; either front yard or rear yards in the case of double frontage lots.

VACANT LOT

Any lot that is free and clear of any structures, not including utilities.

Design guidelines. All plans where site design is reviewed shall consider the following:

General design character. This is an important part of new development on vacant development lots. The deciding authority shall determine the design character and historic significance of the surrounding structures and use that in assessing the development proposal.

The applicant must provide written, graphic or photographic documentation of the surrounding structure's age and styles.

The proposed project should respect the surrounding conditions and settings through a comparative analysis of the surrounding area. This may be established by documenting the closest five existing buildings on both sides of the street in both directions. (Note: Suggested means to accomplish this are through site visits or using Street Views in Google Mapping.)

Evaluate and determine which design elements in the surrounding area are essential to the character of the proposed development.

General site design. In addition to determining the general design character of the surrounding area and how the application will be compatible with it, the following general site design elements shall be considered in making the new development proposal as compatible as possible to the surrounding area:

Setbacks. In addition to minimum setbacks established in Article IV, Zoning District Use Regulations, the vacant lot development shall maintain the pattern and alignment of the established buildings by using traditional (or average) setbacks from the street. This may be established by documenting the setbacks for the closest five existing buildings on both sides of the street in both directions.

Entrances. The proposed development's structure(s) entrances should be clearly visible, accessible and oriented to the street and be delineated by overhangs, porches and lighting.

Fences. No new chain link fences shall be allowed in vacant development lot for any front yard, including corner lot side yards.

Vehicular surfaces. All driveways, parking lots and vehicular use areas such as drive lanes shall be paved. Permeable paving should be considered to help reduce surface run-off.

Parking lots.

Commercial parking lots, including multifamily apartments, shall be screened from public streets and adjacent properties using either a five-foot-wide landscape buffer or fencing. At the time of installation, the shrubs shall be a minimum three feet tall and be maintained at six feet as growth occurs. Fencing shall be no taller than four feet tall in front yards and be a minimum of six feet tall on side yards, beginning at the building line.

Parking lots with more than 20 spaces shall include a landscaped island (10 feet by 10 feet) for each 20 parking spaces.

Parking lots should be located to the side or rear of the proposal to the greatest extent possible.

All parking and vehicular use areas shall be dustless, paved and durable. Permeable pavement is encouraged.

Signs. In addition to the signage regulations as found in Article VI, § 250-40, flush-mounted signs should be positioned to fit within architectural features.

Outside elements visible from street.

Sidewalks for the vacant development lot shall be repaired, replaced and in a safe condition prior to the issuance of a certificate of occupancy.

Street trees and landscaping are encouraged on vacant development lots.

Guidelines for commercial buildings.

The project should follow the general design character recommendations as per Subsection F, Design guidelines.

Display windows. Provide large first-floor display windows that are characteristic of traditional commercial buildings.

Second-story windows. Provide appropriate sized and shaped upper-story windows.

Building entrances. Provide appropriate recessed entrances to building.

Building location.

The building shall be located close to the street as possible.

Allow room for streetscape design elements and pedestrian activity.

Avoid parking lots in front, if possible.

Roofs. Rooflines should be compatible with the surrounding area's structures.

Building materials. All exposed wood materials used during construction, shall be painted, stained or other similar protective coating.

Guidelines for residential structures.

The project should follow the general design character recommendations as per Subsection F, Design guidelines.

Porches, steps and columns should be included as desired elements.

Trim and ornamentation should be used to match the surrounding character of the area.

Roof pitch should be compatible with the surrounding structures.

Windows should retain their original proportions as close as is reasonable. No replacement window shall be less than 50% of its original size (within framed sill).

General design guidelines for new construction.

Align the facade of the new building with the established or average setback in the area (five buildings in each direction).

Use building forms and rooflines that match those used historically in the area.

New buildings should appear similar in mass and scale to structures in the area.

The main entrance should be oriented in a manner similar to established patterns in the area.

If porches are typical to the area, they should be used in conjunction to the entrance for the new structure.

Window size and proportions that are typical for the surrounding area should be used on the new building.

Parking for the new structure should be behind the building front if at all possible.

Written recommendations.

The deciding body or authority of the design guidelines shall make written recommendations and transmit them to the applicant within 10 business days.

The applicant may appeal recommendations to the Board of Appeals but must do so within 30 days of receipt of the recommendations.

§ 250-38 PWSF - Personal wireless service facilities (cell towers).

Purpose and intent. The purpose of this section is to accommodate the need for telecommunication facilities in appropriate areas of the City of Amsterdam while protecting the public against any adverse impacts to aesthetic resources or the public safety and welfare. The intent of this section is to:

Preserve and enhance the positive aesthetic qualities of the natural and built environment in the City of Amsterdam;

Accommodate the need for personal wireless service facilities while regulating their location and number in the community;

Avoid potential damage to adjacent properties and structures from tower failure or falling ice through proper engineering and site planning;

Minimize adverse visual impacts of these facilities through careful design, siting and screening, and by encouraging attachment to existing tall structures and stealth design techniques; and

PERSONAL WIRELESS SERVICES (PWS)

Minimize the total number of personal wireless service facilities by strongly encouraging co-location on existing and future facilities. This section is not intended to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall it be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACCESSORY STRUCTURES

Accessory buildings and structures, including base stations designed and used to shelter equipment and/or to support PWSF. The term "accessory structures" does not include offices, long-term storage of vehicles or other equipment storage or broadcast studios.

ANTENNA

A device used to transmit and/or receive radio or electromagnetic waves, including, but not limited to, directional antennas, such as panels and microwave dishes, and omnidirectional antennas, such as whip antennas.

Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by Section 704 of the Federal Telecommunications Act.

TOWER

Any ground- or roof-mounted pole, spire, structure or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces and masts, built for the purpose of mounting an antenna, meteorological device or similar apparatus above ground.

Requirements. No personal wireless service facility shall be erected, constructed, installed, operated or modified except as set forth below, and upon issuance of site plan approval by the Planning Commission pursuant to Article VIII of this chapter. An applicant for PWSF site plan approval must be a personal wireless service provider licensed by the Federal Communications Commission (FCC), or must provide a copy of an executed contract to provide land or facilities to a licensed PWSF provider at the time that an application is submitted. A letter of intent is not acceptable to exhibit a binding agreement with a provider for use of said facility. No approval shall be granted for a tower or facility to be built on speculation. At the time of submission, the applicant shall pay a personal wireless service facility application fee in accordance with the fee schedule established and annually reviewed by the Common Council. Applicants for site plan approval shall file with the Planning Commission 10 copies of the following documents:

Site plan. A site plan, in conformance with applicable site plan submission requirements and procedures contained in Article VIII of this chapter. The site plan shall show elevations, height, width, depth, type of materials, color schemes, and other relevant information for all existing and proposed structures, equipment, parking, and other improvements. The site plan shall also include a description of the proposed personal wireless service facilities, and such other information that the Planning Commission may require.

Environmental assessment form. A completed Part 1 of the Full Environmental Assessment Form (FEAF), including the Visual EAF Addendum. Particular attention shall be given to visibility from key viewpoints identified in the Visual EAF Addendum, existing tree lines and proposed elevations. The Project Description in Part 1 of the FEAF should include the anticipated five-year build-out of the provider's telecommunications network in the City, including any future planned personal wireless service facilities.

Landscape plan. A landscape plan delineating the existing trees or areas of existing trees to be preserved, the location and dimensions of proposed planting areas, including the size, type and number of trees and shrubs to be planted, curbs, fences, buffers, screening elevations of fences and materials used. For towers or monopoles, the landscaping plan shall address the criteria set forth in Article VIII, § 250-59.

Documentation of proposed height. Documentation sufficient to demonstrate that the proposed height is the minimum height necessary to provide service to locations, which the applicant is not able to serve with existing facilities within and outside the City.

Statement regarding co-location. For new personal wireless service facilities, a statement by the applicant as to whether construction of the facility will accommodate co-location of additional facilities for future users.

Structural engineering report. A report prepared by a New York State licensed professional engineer specializing in structural engineering as to the structural integrity of the personal wireless service facility, and certifying that it is designed to meet all local, state and federal structural requirements for load, including wind and ice loads. In the case of a tower or monopole, the structural engineering report shall describe the structure's height and design, including a cross section of the structure, demonstrate the structure's compliance with applicable structural standards and describe the structure's capacity, including the number of antennas it can accommodate and the precise points at which the antennas shall be mounted. In the case of an antenna mounted on an existing structure, the structural engineering report shall indicate the ability of the existing structure to accept the antenna, the proposed method of affixing the antenna to the structure, and the precise point at which the antenna shall be mounted.

Engineering analysis of radio emissions. An engineering analysis of the radio emissions, and a propagation map for the proposed personal wireless service facilities. The analysis shall be prepared and signed by a New York State licensed professional engineer specializing in electrical engineering with expertise in radio communication facilities. The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility are within the allowable limits established by the Federal Communication Commission (FCC), which are in effect at the time of the application. If the proposed personal wireless service facilities would be co-located with an existing facility, the cumulative effects of the facilities must also be analyzed. The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy at a power level equal to the maximum antenna power rating specified by the antenna manufacturer.

(8)

Map of proposed coverage and existing and future facilities. A map showing the area of coverage of the proposed facility and listing all existing personal wireless service facilities in the City and bordering municipalities containing personal wireless service facilities used by the applicant, and a detailed report indicating why the proposed personal wireless service facilities is required to provide service to locations which the applicant is not able to serve with existing facilities which are located within and outside the City by co-location and otherwise. This coverage map should also delineate the anticipated five-year build-out of the applicant's network, including any future planned personal wireless service facilities.

(9)

Visual impact analysis. The applicant shall prepare a visual impact analysis which includes the following items: (This requirement may be waived by the Planning Commission at the sketch plan conference for applications which propose co-location on an existing PWSF or attachment to an existing structure.)

Viewshed map based on a USGS 7.5 feet quadrangle map delineating potential visibility zones at foreground (0 to 0.5 mile), middle ground (0.5 to 3.5 miles) and background (3.5 to 5.0 miles) from the proposed facility. All public use areas and visually sensitive resources should be identified. A minimum of eight line-of-sight profile transects should be delineated at forty-five-degree intervals.

Balloon test. Within 30 days of submitting the application, the applicant shall fly a brightly colored weather balloon at least five feet in diameter at the maximum height of the proposed personal wireless service facility for four consecutive daylight hours. At least two weeks prior to the balloon test, the applicant shall mail notification of the date and time of the test to the Planning Commission and to all landowners whose property is located within 1,000 feet of any property line of the parcel on which the facility is proposed. The applicant shall also advertise the date, time, and location of the balloon test in the City's official newspaper seven to 14 days in advance of the test.

Photo simulation of "before and after" views of the proposed facility from key viewpoints both within and outside the City, including, but not limited to, major roads, public land, historic sites, or other locations where the site is visible to a large number of residents, visitors, or travelers.

(10)

Escrow account. An applicant shall deposit with the City funds sufficient to cover the reasonable costs of expert engineering evaluations and consultation in connection with the application review. These independent engineering evaluations may include site plan, structural, radio frequency, and other reviews as necessary. The City will maintain a separate escrow account for these funds. An initial deposit of $7,500 shall accompany the filing of the application, and subsequent deposits may be required to maintain a balance of no less than $2,500. At the conclusion of the review, any excess funds in the escrow account will be promptly refunded to the applicant.

(11)

Intermunicipal notification for new personal wireless service facilities. In order to facilitate intermunicipal cooperation, and the possible shared use of personal wireless service facilities, an applicant for a new personal wireless service facility must notify, in writing, the legislative body of each municipality that borders the City of Amsterdam (the Towns of Amsterdam and Florida; and the Village of Fort Johnson) of their intended application. Notification must include a map showing the exact location of the proposed facility and a general description of the project, including, but not limited to, the height of the facility and its capacity for future shared use. Documentation of this notification must be submitted to the City with the initial application.

(12)

Public hearing. A public hearing shall be held on the proposed personal wireless service facility site plan review within 60 days of the application submission. Notice of said hearing shall be published in the City's official newspaper at least five days prior to the hearing. Notice of the hearing shall be sent to the Montgomery County Planning Board if the project is subject to review under General Municipal Law § 239-m, accompanied by a full statement of the proposed project. The applicant shall be required to mail notice of the public hearing to all landowners whose property is located within 1,000 feet of any property line of the parcel on which the facility is proposed, at least two weeks prior to the date of said public hearing. Notification shall be made by United States certified mail, return receipt requested, and proof of such mailing shall be presented to the Planning Commission at the public hearing.

(13)

Performance bond or other security. Prior to site plan approval, a performance bond or other security sufficient to cover the full cost of the removal and disposal of the personal wireless service facility upon abandonment of said facility shall be provided by the owner/operator. This cost shall be determined by an estimate of the City-designated engineer. Any such security must be provided pursuant to a written security agreement with the City, approved by the Common Council and also approved by the City Attorney as to form, sufficiency and manner of execution. The form of security shall be limited to those permissible under New York State General City Law § 33, Subdivision 8(c)(iv).

Tower building requirements.

The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design should utilize an open framework or monopole configuration. Permanent platforms or structures exclusive of antennas that would serve to increase off-site visibility are prohibited, without a separate variance.

The base of the tower shall occupy no more than 500 square feet and the top of the tower shall be no larger than the base.

Minimum spacing between tower locations is 1/4 mile.

Setbacks for towers and accessory structures. Towers and all accessory structures shall conform with each of the following minimum setback requirements:

The minimum setbacks of the underlying zoning district shall be met with the exception of industrial zoning districts, where towers and accessory structures may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.

Towers and accessory structures shall be set back from the planning public rights-of-way as shown on the most recently adopted plan or map of the City showing such rights-of-way by a minimum distance equal to 1/2 of the height of the tower, including all antennas and attachments.

A tower's setback may be reduced in the sole discretion of the ZBA to allow the integration of a tower into an existing or proposed structure, such as a church steeple, light pole, power line or similar structure.

Criteria for site plan applications. Applicants for site plan review for the establishment of construction of personal wireless service facilities shall meet all of the following criteria:

Necessity. The applicant must prove that the proposed personal wireless service facility is necessary in order to provide service to locations which the applicant is not able to serve with existing facilities which are located within and outside the City by co-location and otherwise. Furthermore, the applicant must demonstrate that the proposed facility is the least intrusive means available to fill a significant gap in coverage. The application must document good faith efforts to secure co-location on existing personal wireless service facilities, and to secure shared use from owners of all existing tall structures in the coverage area. Any physical, technical and/or financial reasons, which make co-location or shared use unfeasible, must be documented.

Co-location. The co-location on existing personal wireless service facilities shall be strongly preferred to the construction of new personal wireless service facilities. If a new site for a personal wireless service facilities is proposed, the applicant shall submit a report setting forth in detail:

An inventory of existing personal wireless service facilities which are within a reasonable distance from the proposed facility with respect to coverage;

An inventory of existing personal wireless service facilities in other municipalities which can be utilized or modified in order to provide coverage to the locations the applicant is seeking to serve; and

A report on the possibilities and opportunities for co-location as an alternative to a new site.

The applicant must demonstrate that the proposed personal wireless service facilities cannot be accommodated on an existing facility or on an existing facility in another municipality due to one or more of the following reasons:

The proposed equipment would exceed the existing and reasonably potential structural capacity of existing and approved personal wireless service facilities, considering existing and planned use for those facilities.

The existing or proposed equipment would cause interference with other existing or proposed equipment which could not reasonably be prevented or mitigated.

Existing or approved personal wireless service facilities in neighboring municipalities do not have space on which the proposed equipment can be placed so it can function effectively and reasonably, and the applicant has not been able, following a good faith effort, to reach an agreement with the owners of such facilities.

Other reasons make it impractical to place the proposed equipment on existing and approved personal wireless service facilities in other municipalities.

[5]

Service to the locations to which the applicant seeks to provide service cannot be provided by existing facilities within or outside the City.

Minimum lot size. The minimum lot size for a tower or monopole shall be equal to the square of twice the tower's or monopole's height, or the minimum lot size required by the underlying zoning district, whichever is greater.

Setbacks. Unless the FCC promulgates rules to the contrary, all personal wireless service facilities shall be separated from all existing residential dwellings by a distance of no less than 500 feet. Personal wireless service facilities must comply with all setback requirements of the underlying zoning district, or must be located with a minimum setback from any property line equal to two times the height of the tower, whichever is greater. The Planning Commission may grant a waiver from the property line setback if such waiver would allow the new facility to be located on an existing tall structure or tower. Setbacks from towers or monopoles shall be measured from the base of the structure.

Security fencing. Security fencing shall be provided around each tower or monopole to secure and visually screen the site. Access to the structure shall be through a locked gate.

Architectural compatibility. Whenever feasible, personal wireless service facilities shall locate on existing structures, including, but not limited to, buildings, silos, water towers, utility structures, and existing communication facilities, provided that such installation preserves the character and integrity of these structures. Where a personal wireless service facility is to be attached to an existing building or structure, such facility shall be integrated into such existing building or structure in such a manner, which blends with the architectural characteristics of the building or structure to the maximum extent practicable.

Placement. Unless wall-mounted on an existing roof-mounted mechanical enclosure or similar appurtenance, all antennas mounted on a roof shall be located so that visibility of the antenna is limited to the greatest extent practicable. Antennas wall-mounted on a roof-mounted mechanical enclosure or similar appurtenance shall not extend above the height of the appurtenance at the attachment location.

Design guidelines. The proposed personal wireless service facility shall meet the following applicable design guidelines:

Finish/colors. Towers or monopoles not requiring Federal Aviation Administration (FAA) painting or marking shall either have a galvanized finish or be painted to blend with their surroundings. Accessory structures shall maximize the use of building materials, colors and textures designed to harmonize with the natural or man-made surroundings.

Illumination. No signals, lights or illumination shall be permitted on personal wireless service facilities unless required by the FAA or other federal, state or local authority.

Landscaping for towers or monopoles. For towers or monopoles, vegetative screening shall be provided to effectively screen the tower base and accessory facilities. At a minimum, screening shall consist of one row of native evergreen shrubs or evergreen trees capable of forming a continuous hedge at least 10 feet in height within two years of planting. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement toward meeting landscaping requirements. Additional screening may be required to screen portions of the structure from nearby residential property or important views. All landscaping shall be properly maintained to ensure good health and viability, for the life of the facility.

Visibility. All personal wireless service facilities shall be designed and sited to have minimum adverse visual effect on residential areas, parks or major roadways. Attachment to existing structures and stealth design techniques, which mimic or integrate antenna into man-made structures such as steeples, cupolas, farm structures, flagpoles, etc., are highly encouraged. When this is not feasible, tower structures offering slender silhouettes (i.e., monopoles) are preferable to freestanding lattice style structures.

Signage. Signage shall be prohibited on personal wireless service facilities except for signage to identify the facility, which is located along the right-of-way frontage. Except as specifically required by a federal, state or local authority, no signage shall be permitted on equipment mounting structures or antennas.

Construction and maintenance.

Time limit for completion. A building permit must be obtained within six months after approval of a site plan for a personal wireless service facility and construction of such facility must be completed within 12 months of such approval. The site plan approval shall automatically expire in the event that the Building Code Enforcement Officer has not granted such permit and construction of the facility is not completed with the periods set forth above.

Annual inspections.

Unless otherwise preempted by federal or state law, personal wireless service facilities, including towers, monopoles and antennas, shall be inspected annually at the applicant's expense for radio emissions, and a copy of the inspection report shall be promptly transmitted to the Building Code Enforcement Officer. A New York State licensed professional engineer specializing in electrical engineering with expertise in radio communication facilities shall perform radio emission inspection. The radio emission inspection shall describe the power density levels of the electromagnetic energy generated from the facility, including the cumulative effects of co-located antennas. In the event that the radio emission inspection indicates that the electromagnetic energy generated from the facility is above the allowable limits stated within applicable FCC or ANSI standards or other applicable state or federal guidelines in effect at the time of the inspection, the applicant shall cease all use of the facility until such time as it proves to the satisfaction of the Building Code Enforcement Officer that the power density levels of the electromagnetic energy to be generated at the facility are below the applicable standards.

Abandonment. In the event that the use of any personal wireless service facility has been discontinued by all operators on such facility for a period of 180 consecutive days or more, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Building Code Enforcement Officer, who shall have the right to request documentation from the owner/operator of the facility regarding usage. Upon such abandonment, the owner/operator shall remove the facility at its own expense, and failing prompt removal, the City may remove the facility at the owner/operator's expense. At the applicant's expense, the site shall be returned to the maximum extent practicable, to its original condition. All site plan approvals, variances and approvals of any nature granted by the City shall automatically expire as of the date of abandonment of the facility.

Alteration of an existing antenna. Alteration of an existing antenna, which results in an increase in the size or height of the equipment mounting structure, may be permitted only after application to the Planning Commission which shall review the matter as if the alteration were an entirely new application for a site plan approval. Site plan review is not required in the case of minor modifications to antennas, which do not result in an increase to the overall height of the structure. However, the following documents must be submitted to the City Clerk for review and approval by the City's expert engineering consultant(s) at the applicant's expense:

Plans, elevations and details of the proposed alterations. Certification by a New York State licensed engineer specializing in structural engineering that the structure is capable of carrying the design load of the proposed alterations, and that the modifications will not result in an increase in the overall height of the structure.

Certification by a New York State licensed engineer with expertise in radio communication facilities that the total radio frequency emissions generated after modification are within the allowable limits established by current FCC regulations.

Effect of law on existing towers and antennas. Antennas and towers in existence, which do not conform to or comply with this section, are subject to the following provisions:

Antennas and towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this chapter.

If such antennas or towers are hereafter damaged or destroyed due to any natural reason or cause whatsoever, the antenna or tower may be repaired and restored to its former use, location and physical dimensions without complying with this chapter; provided, however, that, if the cost of repairing the tower to the former use, physical dimensions and location would be 10% or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this chapter. Proof of such cost shall be submitted to the City of Amsterdam Building Inspector prior to commencement of any construction.

Exemption from this section. The following are exempted from the provisions of this section:

Machines and equipment designed and marketed as consumer products, such as walkie-talkies, ham radios not used commercial purposes, remote control toys, and cellular phones;

Hand-held, mobile, marine, and portable radio communication transmitters and/or receivers;

Two-way radios utilized for temporary or emergency service communications;

Two-way radios utilized for government service communications;

Back-up wireless transmitters connected to an alarm monitoring service that transmits to a remote monitoring center in the event of an emergency when the telephone lines are inoperable; and

SOLAR ENERGY EQUIPMENT AND SYSTEMS

Over-the-air receive-only devices in compliance with FCC rules and standards.

§ 250-38.1 Solar energy systems and equipment.

As used in this section, the following terms shall have the meanings as indicated:

Solar collectors, controls, energy storage devices, and any other materials, hardware or equipment necessary to the process by which solar radiation is collected and converted into another form of energy and is stored, protected from unnecessary dissipation and distributed. Solar energy systems include solar thermal, photovoltaic and concentrated solar.

ACCESSORY STRUCTURE — A structure, the use of which is customarily incidental and subordinate to the principal building, and is located on the same lot or premises as the principal building.

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS — A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or facade and which does not alter the relief of the roof.

COLLECTIVE SOLAR — Solar installations owned collectively through subdivision homeowners' associations, college student groups, "adopt-a-solar-panel" programs, or other similar arrangements.

ENERGY STORAGE DEVICE — A device that stores energy from the sun or another source and makes it available for use.

FLUSH-MOUNTED SOLAR PANEL — Solar collector systems, panels, and tiles that are installed flush to the surface of a roof or wall of a principal and/or an accessory structure and which cannot be angled or raised for the direct conversion of solar energy into electricity.

FREESTANDING OR GROUND-MOUNTED SOLAR COLLECTOR SYSTEM — A solar collector system that is directly installed on the ground and is not attached or affixed to an existing structure and used for the direct conversion of solar energy into electricity.

GLARE — The effect produced by light with intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

NET-METERING — A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.

PERMIT GRANTING AUTHORITY — The City of Amsterdam Code Enforcement is the authority authorized to grant permits for the installation of alternative energy systems.

PHOTOVOLTAIC (PV) SYSTEMS — A solar energy system that produces electricity by the use of the semiconductor devices, called photovoltaic cells, that generate electricity whenever light strikes them.

ROOFTOP- OR BUILDING-MOUNTED SOLAR COLLECTOR SYSTEM — A solar collector in which solar panels are mounted on top of a roof of a principal and/or an accessory structure either as a flush-mounted system for the direct purpose of converting solar energy into electricity.

SETBACK — The distance from a front lot line, side lot line, or rear lot line of a parcel within which a free standing or ground mounted solar energy system is installed.

SMALL-SCALE SOLAR COLLECTOR SYSTEM — A solar energy system that is designed and/or built to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, and is constructed for the sale of excess power through an arrangement in accordance with New York Public Service Law § 66-j or similar state or federal law or regulation.

SOLAR ACCESS — Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.

SOLAR ARRAY — A group of multiple solar modules with purpose of harvesting solar energy.

SOLAR CELL — The smallest basic solar electric device which generates electricity when exposed to light.

SOLAR COLLECTOR — A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

SOLAR ENERGY EQUIPMENT/SYSTEM — Solar collectors, controls, energy devices, heat pumps, heat exchangers, and/or other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal, photovoltaic and concentrated solar.

SOLAR, GROUND- OR POLE-MOUNTED SOLAR ARRAY — Any solar collector, controls, solar energy device, heat exchanges or solar thermal energy system which is directly installed on the ground and not affixed to an existing structure.

SOLAR PANEL — A device for the direct conversion of solar energy into electricity.

SOLAR STORAGE BATTERY — A device that stores energy from the sun and makes it available in an electrical form.

SOLAR-THERMAL SYSTEMS — Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.

UTILITY-SCALE SOLAR COLLECTOR SYSTEM — A solar energy system that is designed and/or built to provide energy as an ongoing commercial enterprise, or for commercial profit, or designed to distribute energy generated to a transmission system for distribution to customers rather than for use on the site. A utility-scale solar use may include solar energy system equipment and uses, such as, but not limited to, supporting posts and frames, buildings and/or other structure(s), access drives, inverter equipment, wires, cables and other equipment for the purpose of supplying electrical energy produced from solar technologies, whether such use is a principal use, a part of the principal use or an accessory use or structure.

Small-scale solar collector systems.

Purpose and intent.

The purpose of these regulations is to balance the potential impact on neighbors where solar collectors may be installed near their property while preserving the rights of property owners to install solar collection systems without excess regulation. These regulations are not intended to override the New York State Agriculture and Markets Law.[1]

Editor's Note: See NY Agri & Mkts § 1 et seq.

Solar energy is a renewable and nonpolluting energy resource that can prevent fossil fuel emissions and reduce energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid when excess solar power is generated.

Applicability.

The requirements herein shall apply to all solar collector system installations modified or installed after the effective date of this section.

Solar collector system installations for which a valid building permit has been properly issued, or for which installation has commenced before the effective date of this section, shall not be required to meet the requirements of this section, except in accordance with Subsection B(4), Safety, found here in this section. Any modification, expansion or alteration to an existing solar collector system shall only be permitted in accordance with Subsection B, Small-scale solar collector systems herein.

All solar collector systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Building Code.[2]

Editor's Note: See NY Exec § 370 et seq.

Permitting.

Rooftop- and flush-mounted solar collectors are permitted outright in all zoning districts in the City of Amsterdam subject to the following conditions:

Building permits shall be required for installation of all rooftop- and flush-mounted solar collectors.

Height limitations for structures found in Article IV, Zoning District Use Regulations (based on zoning district), shall apply.

Rooftop- and flush-mounted solar collector systems are permitted on the following structures:

[a]

All principal structures, except a special use permit from the Planning Commission is required within the Historic Resources Overlay District.

[b]

All accessory structures that meet the principal structure setbacks as required in each zoning district.

Rooftop units must be three feet from any chimney and shall not be permitted on any roof overhangs.

[5]

Any solar collector system attached to a pitched roof shall not extend more than three feet from the surface of the angle of the roof.

Ground-mounted racks and freestanding solar collectors are permitted as a special permit in all zoning districts in the City of Amsterdam, subject to the following conditions which shall be processed and enforced by the City Code Enforcement:

Building permits shall be required for installation of all ground-mounted and freestanding solar collectors.

Special use permit from the Planning Commission is required for all ground-mounted racks and freestanding solar collectors greater than 10 feet in height or greater than 20 feet in length, or if the solar array surface area is greater than 200 square feet in the aggregate in all residential zoning districts. All other ground-mounted racks and freestanding solar collectors shall follow the standard building permit process.

All ground-mounted racks and freestanding solar collectors shall have a maximum height of 20 feet from ground elevation.

All ground-mounted racks and freestanding solar collectors installed in the side or rear yards shall comply with the setback requirements for a principal structure found in Article IV, Zoning Districts Use Regulations (based on zoning district).

[5]

Solar collectors may not be installed in any front yard. As per § 250-27, Corner lots, all corner lots shall be deemed to have two front yards.

[6]

Solar collectors and energy equipment shall be located in a manner that reasonably minimizes shading of adjacent property and blockage for surrounding properties while still providing adequate solar access for collectors.

[7]

Freestanding solar energy collectors shall be screened when possible and practicable through the use of architectural features, earth berms, landscaping or other screening which will harmonize with the character of the property and surrounding area.

Safety.

All solar energy systems and solar collectors must obtain a building permit and shall be designed to be installed to be in conformance with the New York State Uniform Fire Prevention and Building Code standards that are applicable when the building permit is issued.

Prior to operation, electrical connections must be inspected by the City Code Enforcement Officer and by appropriate electrical inspection person or agency, as determined by the City.

If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment by no later than 90 days after the end of the twelve-month period.

Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.

For commercial application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.

If solar storage batteries are included, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use. When they are no longer in use, they shall be disposed of in accordance with the laws of New York State Fire Prevention and Building Code and local laws of the City of Amsterdam and any other applicable laws or regulations.

Glare and heat. No direct or unreasonable glare or transmission of heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated.

Utility-scale solar collector systems.

Purpose and intent.

The purpose of these regulations is to provide utility-scale solar collector systems through performance criteria that balance the unique characteristics of each site.

In any instances where specific permitted uses, area, or height standards, development guidelines and/or review procedures specifically set forth in this section conflict with any other general provision or requirements of the Zoning chapter, the particular provisions set forth herein shall take precedence and control. In all instances not specifically addressed in this section or in Article IV, Zoning District Use Regulations (based on zoning district), the Zoning chapter shall apply.

Bulk and area requirements. The following dimensional requirements shall apply to all utility-scale solar collector systems:

Height.

All solar collectors shall have a maximum height of 20 feet from ground elevation.

All buildings and accessory structures associated with the utility-scale solar collector system shall have a maximum height of 35 feet, excluding the solar collector.

Setback. All utility-scale solar collector systems and associated buildings, accessory structures and equipment shall have a minimum setback from any property line of 200 feet. A two-hundred-foot setback is not required between an individual property owner's utility-scale solar collector system when subdivided based on National Grid policy.

Lot coverage.

Impervious surface lot coverage. All utility-scale solar collector systems and associated accessory structures and equipment shall utilize a maximum of 20% impervious lot coverage.

Pervious surface lot coverage. All utility-scale solar collector systems and associated accessory structures and equipment shall utilize a minimum of 80% permeable lot coverage.

Tree removal shall be minimized and replanting, at the discretion of the Planning Commission, should be considered on parcels where a large amount of trees are being removed in order to place solar arrays.

General provisions.

Site plan. All utility-scale solar collector systems shall provide a site plan in accordance with Article VIII of this Zoning chapter.

Signage. All signage shall be provided as part of site plan review and shall be in accordance with § 250-40 of this Zoning chapter.

Visual.

Utility-scale solar collector systems shall be sited in a manner to have the least possible practical visual effect on the environment.

A visual environmental assessment form (Visual EAF), landscaping plan and visual assessment report, including appropriate modeling and photography assessing the visibility from key viewpoints identified in the Visual EAF, existing tree lines, surrounding topography, and proposed elevations shall be required.

Landscaping, screening and/or earth berming shall be provided to minimize the potential visual impacts associated with the utility-scale solar collector systems and its accessory buildings, structures and/or equipment. Additional landscaping, screening and/or earth berming may be required by the City Council and/or the Planning Commission to mitigate visual and aesthetic impacts.

The associated structure shall be screened, placed underground, depressed, earth bermed or sited below the ridgeline to the greatest extent feasible, particularly in areas of high visibility.

Lighting. A lighting plan shall be required. No utility-scale solar collector system shall be artificially lighted unless otherwise required by a federal, state or local authority. Exterior lighting may be provided for associated accessory structures and access entrances as may be determined appropriate for security purposes only.

Utilities. The applicant shall provide written confirmation that the electric grid has the capacity to support the energy generated from the utility-solar collector system. Electrical and land-based telephone utilities extended to serve the site shall be underground.

Access. The applicant shall indicate on a site plan all existing and proposed access to the site, including road, electric power, emergency access, land-based telephone line connection, and other utilities existing and proposed within the property boundaries of the proposed location. Existing roadways shall be used for access to the site whenever possible and determined acceptable by the Planning Commission through site plan review.

Glare and heat. No direct or unreasonable glare or transmission of heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated.

(h)

Ownership. In the case of an application for a utility-scale solar collector system to be located on private lands owned by a party other than the applicant or the City, a copy of the lease agreement with the property owner shall be filed with the City.

(i)

Proof of insurance. The applicant and the owner of the property where the utility-scale solar collector system is to be located shall file with the City proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with construction and operation thereof.

(j)

Security provisions. Each site shall have a minimum of an eight-foot security fence to prevent unauthorized access and vandalism to the utility-scale solar collectors and a security program for the site as approved by the Planning Commission during site plan review.

(k)

Noise. Noise-producing equipment shall be sited and/or insulated to minimize noise impacts on adjacent properties as approved by the Planning Commission during site plan review.

(l)

Documentation from the utility company, verifying that the utility-scale solar collector system is active, shall be provided annually to the City of Amsterdam Code Enforcement.

(m)

The following requirements shall be met for decommissioning:

Solar farms and solar power plants which have not been in active and continuous service for a period of 12 consecutive months shall be removed at the owners' or operators' expense.

The site shall be restored to as natural a condition as possible within six months of removal.

Removal of obsolete/unused facilities. Required sureties for construction, maintenance and removal of utility-scaled solar collector systems.

Performance bond and other security. Prior to the issuance of a building permit, a performance bond or other security sufficient to cover the full cost of the removal and disposal of the utility-scale solar collector system and any associated accessory structures upon abandonment of said facility shall be provided by the owner/operator. This cost shall be determined by an estimate of the City Code Enforcement. Any such security must be provided pursuant to a written security agreement with the City, approved by the City Council and also approved by the City Attorney as to form, sufficiency and manner of execution. The form of security shall be limited to those permissible under New York State City Law. If the owner of the site fails to comply with any conditions of the approval during construction or as part of the long-term maintenance of the site, all costs of the City incurred to comply with conditions of the approval shall be paid using the surety provided by the applicant. Failure to comply with the conditions of the approval or to maintain an acceptable level of surety will result in revocation of the certificate of occupancy.

Removal. The utility-scale solar collector system, including any accessory structures and/or equipment, shall be dismantled and removed from the site when the utility-scale solar collector system has been inoperative or abandoned for 12 consecutive months. As a condition of the certificate of compliance, applicants shall post a surety in an amount and form acceptable to the City for the purposes of removal or abandonment. The amount shall be determined by an estimate of the City Code Enforcement. Acceptable forms shall include, in order of preference: cash; letter of credit; or a bond that cannot expire; or a combination thereof. Such surety will be used to guarantee removal of the utility-scale solar collector system should the system be abandoned. Abandonment shall be assumed by the City if the annual documentation as required in Subsection C(3)(f) is not provided by the owner, applicant or lessee for one year to the City of Amsterdam Code Enforcement. The City Code Enforcement shall then provide written notice to the owner to remove the utility-scale solar collector system, and the owner shall have three months from written notice to remove the utility-scale solar collector system, including any associated accessory structures and/or equipment, and restore the site to a condition approved by the Planning Commission. If the owner, applicant or lessee fails to remove any associated structures or restore the site to the condition approved by the Planning Commission, all costs of the City incurred to comply with this condition shall be paid using the surety provided by the applicant.

Building permit fees for solar panels.

The fees for all building permits required pursuant to this section shall be paid at the time each building permit application is submitted in such reasonable amount as the City Council may by resolution establish and amend from time to time.

Effective date.

This section shall take effect after its adoption upon filling with the New York State Secretary of State.

§ 250-39 Off-street parking and loading standards.

In all districts except the Downtown Core (DC) District, at the time any new building or structure is erected, any existing building or structure enlarged or new or changed use of either land or structure established, off-street parking and loading space shall be provided in accordance with the minimum standards set forth below:

Required number of off-street parking spaces. The minimum number of off-street parking spaces stated below shall be required in addition to one off-street parking space for each company vehicle associated with commercial, business or light industrial use.

Use		Required Off-Street Parking Spaces
Residential Use
	Single-family dwelling	2 spaces
	Two-family dwelling	3 spaces
	Multifamily rental dwelling	1.5 spaces per dwelling unit
	Boardinghouse or rooming house	1 space per guest room, plus required spaces for occupants of other dwelling units on premises
	Home occupation	1 space minimum; additional parking requirement to be determined through special use permit process; see Article VII
Institutional Uses
	Churches, meeting halls, membership clubs, auditoriums, theaters or other places of public assembly not otherwise specified	1 space per 4 seats or 60 square feet of seating area where fixed seating is not provided
	Hospitals or nursing homes	1 space per 3 beds, plus 1 space per employee in largest shift
Commercial Uses
	Hotel or motel	1 space per guest room
	Medical, dental and health clinic or medical and dental office	4 spaces per doctor or dentist or other health care professional
	Professional or business offices	1 space per 200 square feet of gross floor area
	Retail, service or trade shop or establishment	1 space per 150 square feet of gross floor area
	Eating or drinking establishment	1 space per 3 seats or 50 square feet of gross floor area
	Funeral homes	1 space per 50 square feet of public area
	Recreational facilities	1 space per 200 square feet of gross floor area
	Shopping centers	1 space per 150 square feet of gross leasable area
	Motor vehicle sales establishment	1 space per 500 square feet of gross floor area
	Gas station, motor vehicle repair shop, car wash	3 spaces per garage bay, plus 1 per employee
	Theaters, auditoriums, sports areas or similar places of public assembly	1 space per 4 seats or seating capacity
Light Industrial Uses
	All uses	1 space per employee or combination of 2 largest shifts

Design standards for off-street parking lots.

All off-street parking lots shall be maintained and operated on a no-charge basis to the user public if spaces are provided to meet the minimum off-street parking requirements set forth above in this section.

All off-street parking lots shall be paved with a properly drained, dustless all-weather surface.

No space in an off-street parking lot shall be located within five feet of a rear or side property line or 10 feet of the street line. In any residential district, no space in an off-street parking lot shall encroach on any required front yard.

Visual screening of any off-street parking lot shall be provided from adjoining residential properties through use of appropriate fencing and natural hedge-like planting materials.

Unobstructed access to and from a public street shall be provided. Such access may not be located nearer than 30 feet to the intersection of any two street lot lines. Such access shall consist of at least one ten-foot lane for parking areas with less than 12 spaces and at least two ten-foot lanes for parking areas with 12 or more spaces. All access to off-street parking lots shall be limited to such well-defined locations, and in no case shall there be permitted unrestricted access along the length of the street upon which the parking area abuts.

Required off-street loading. Off-street loading berths, open or enclosed, are required accessory to the following uses:

Use	Required Loading Berths
For a public library, museum or similar quasi-public institution or community center, hospital, nursing home, school or similar uses	1 berth for the first 20,000 square feet of floor area and 1 additional berth for each additional 20,000 square feet or fraction thereof
For buildings with retail sales and service establishments, professional, governmental or business or laboratory establishments	1 berth for floor area of 7,500 to 25,000 square feet and 1 additional berth for each additional 25,000 square feet or fraction thereof
For hotels and motels	1 berth for each 25,000 square feet of floor area
For manufacturing, wholesale and storage uses and for dry-cleaning and laundry establishments	1 berth for 5,000 to 10,000 square feet and 1 additional berth for each additional 20,000 square feet or fraction thereof so used

§ 250-40 Sign regulations.

Signs may be erected and maintained only when in conformance with the provisions of this section and Article VIII of this chapter.

General standards. The provisions contained in this section shall apply to all signs and all use districts, regardless of designation:

Any sign or use of signs not specifically permitted by provision of this chapter is prohibited.

No sign shall be located in such a way as to interfere with driver vision of other traffic.

Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device be so placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

No projecting sign shall be erected or maintained from the front or face of a building a distance of more than three feet, nor shall any sign project into or over a public right-of-way.

No sign shall be higher than the height limit in the district where such sign is located, nor shall any sign be placed on the roof of any building.

No portable or temporary sign shall be placed on the front of any building or premises, except as otherwise provided herein.

No sign shall be freestanding, except that one freestanding sign shall be permitted for each planned shopping center, as defined in this chapter, and for each major commercial or light industrial use located on an individual site in excess of two acres of land area. The gross surface area of such freestanding signs shall be included within the maximum sign area allowable in the applicable zoning district. Any such sign shall be located not less than 15 feet from any street line and not less than 10 feet from any other lot line.

(8)

No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices. Included are signs which are mechanically animated, such as moving, rotating or revolving signs. Said devices, as well as strings of lights, shall not be used for the purposes of advertising or attracting attention when not part of a sign.

(9)

All signs shall be constructed of wood, metal or other durable material approved by the Building Inspector.

(10)

No sign shall advertise a product or a service not principally available on the premises where such sign is located.

(11)

Not more than two signs, as defined herein, shall be permitted on any premises.

(12)

A canopy or an awning shall be considered to be a sign when displaying letters, numbers or symbols that advertise or announce a place, person, product, service or concept, except that a street address shall not be considered to be a sign. A canopy or an awning displaying signage shall not be considered to be a projecting or a hanging sign. A canopy or an awning displaying signage on more than one side shall be considered to be one sign and the allowable aggregate gross surface area of the signage shall be determined in accordance with the regulations of the zoning district in which it is located. An awning displaying signage shall be located on the lowest floor occupied by the business or service it is advertising or announcing.

(13)

Without prejudice to the existing nonconforming status of any sign, the owner of a sign and the owner of the premises on which each sign is located shall be jointly and severally liable to maintain such sign and supporting structure, including its illumination sources, in neat and orderly condition and good working order at all times and to prevent the development of any corrosion, rotting or other deterioration in the physical appearance or safety of such sign or supporting structure. Unsightly, damaged, deteriorated signs or signs in danger of falling shall be put in order or removed upon written notice from the Building Code Enforcement Officer.

Signs in residential districts. The following nonilluminated, accessory signs are permitted in the most restricted residential districts (LDN and MDN) and may be erected without issuance of a permit or payment of a fee, except that in the Historic Resources Overlay (HR-O) District all such signs identified in Subsection B(2), (4), (5), (6) and (7) shall be subject to review and approval by the Planning Commission.

Nameplates and identification signs indicating the name and address of the occupant, provided that they shall not be larger than two square feet in area. Only one such sign per dwelling unit shall be permitted, except in the case of corner lots where two such signs, one facing each street, shall be permitted for each dwelling unit.

For multiple-family dwellings and for buildings other than dwellings, a single identification sign not exceeding six square feet in area and indicating only the name and address of the building and the name of the management may be displayed, provided that on a corner lot two such signs, one facing each street, shall be permitted.

Signs advertising the sale or rental of the premises upon which they are erected by the owner or broker or any other person interested in the sale or rental of such premises, and signs bearing the word "sold" or "rented" with the name of the persons effecting the sale or rental may be erected or maintained, provided that:

The size of any such sign is not in excess of six square feet.

Not more than one sign is placed upon any property, unless such property fronts upon more than one street, in which event one such sign may be erected on each frontage.

Such sign or signs shall be removed within a reasonable time period after the premises has been sold or rented.

Institutional signs of schools, colleges, churches, hospitals or other similar public or semipublic nature may be erected and maintained, provided that:

The size of any such sign is not in excess of 12 square feet.

Not more than one such sign is placed on a property, unless such property fronts upon more than one street, in which event one such sign may be erected on each frontage.

Signs designating entrances or exits to or from a parking lot and limited to one sign for each such exit or entrance and to a maximum size of two square feet each shall be permitted. One sign per parking lot designating the conditions of use or identity of such parking lot and limited to a maximum size of nine square feet shall be permitted, provided that on a corner lot two such signs shall be permitted, one facing each street.

Development signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer or other persons interested in such sale or development, may be erected and maintained, provided that:

The size of any sign is not in excess of 20 square feet.

Not more than one such sign is placed upon any property, unless such property fronts upon more than one street, in which event one such sign may be erected on each frontage.

Any such sign shall be removed by the developer within 15 calendar days of the final sale.

Artisans' signs such as those of mechanics, painters and other artisans, may be erected and maintained during the period such persons are performing the work on the premises on which such signs are erected, provided that:

The size thereof is not in excess of 12 square feet.

Such signs are removed promptly upon completion of the work.

Signs in the Downtown Core (DC) or Commercial Corridor (CC) Districts.

General design.

Signs should be clear and simple so readers can immediately absorb essential information.

Signs should identify business names and should not advertise specific product names.

Signage should be subordinate to the building. Sign shape and proportion should be appropriate to the building and its architectural elements.

Signs should help define or enhance architectural elements; they should not cover, obscure, or alter architectural features of the building.

The use of natural materials is encouraged. Materials should be durable and vandal-resistant.

Sign design and location should be evaluated to ensure it is architecturally appropriate.

Sign text and color.

Signage design should be creative; consider using images and graphics to promote business and the merchandise or service provided.

Sign messages should be short (e.g., four to eight words) with simple typography to enhance legibility and visibility. Avoid lettering that is overly ornate or difficult to read.

Minimize wording and use traditional symbols to achieve a clear message.

Sign colors should be simple (e.g., a range of three colors) and compatible with the building color scheme and neighboring buildings. Too many colors may obscure the message and make it difficult to read.

Sign colors should complement and relate to building colors for a coherent appearance.

Sign legibility is enhanced by contrast between lettering and background, and the amount of open space surrounding the text.

Sign placement and mounting.

Signs should be located within appropriate architectural elements of the building. This may restrict the number of signs to fewer than the maximum number of signs permitted in the chapter.

The location of a sign usually determines its proportion and direction. For example, signs on the transom or wall should be horizontal; signs on the column or other vertical elements should be vertical.

Sign support structures and their color should be subordinate to the sign message.

All scars, anchor-holes, ghosts from pervious sign installations should be repaired or removed.

Sign lighting.

Light sources should be inconspicuous to avoid distracting attention from the sign.

Signs may have external illumination (e.g., gooseneck fixtures), internal illumination (lighted box signs with dark background), or have opaque, "halo-lit" letters.

Awning signs.

An awning sign is permitted for each window and door of a facade. Signage may only be placed on one face of the awning; typically, the front.

There is no restriction on letter/logo size or height but the total sign may not exceed 25% of the awning face or 100 square feet, whichever is less.

Awnings may not extend more than seven feet from the facade or be lower than seven feet from the ground.

Wall signs.

One wall sign is permitted per building street frontage, including alleys, and may identify multiple establishments (e.g., sign directories).

Wall signs may not extend above the first floor of the building.

Wall signs may not extend beyond the end or above the top of the wall to which it is attached, or more than six inches from the building face.

Wall signs are permitted up to two square feet in size for each linear foot of building frontage attributed to the establishment, or 15% of total building facade area, or 100 square feet, whichever is less.

A building with multiple storefront tenants may have a sign for each tenant.

Window graphics.

Signs/posters on window interiors are not regulated as long as they do not exceed 30% of the window surface or 100 square feet, whichever is less.

Interior window graphics that exceed 30% of the window area or 100 square feet and any exterior window graphics are considered wall signs and must meet wall sign requirements.

(8)

Freestanding/monument signs.

One freestanding/monument sign is permitted on a parcel, and may identify more than one on-premises establishment.

Sign height and size should promote a pedestrian scale and emphasis. Freestanding sign height is encouraged to be eight feet in height or lower.

A freestanding/monument sign shall not be located within 50 feet of another freestanding sign.

A freestanding/monument sign may not extend into the public right-of-way or extend beyond property lines.

Signs in business, medical residential, commercial and light industrial districts. The following accessory signs are permitted in any business, medical residential, commercial or light industrial district (MRN, LI or ED) in accordance with the following regulations and upon issuance of a permit by the Building Inspector. The aggregate gross surface area of all signs on a lot shall be as specified in the following table:

District	Regulation
MRN (Medical Residential)	2 square feet per foot of lot frontage, not to exceed 20 square feet
ED (Employment District)	1 square foot per foot of lot frontage, not to exceed 60 square feet
LI (Light Industrial)	1 square foot per foot of lot frontage, not to exceed 100 square feet

Temporary signs. All signs of a temporary nature, such as political posters, banners and signs of a similar nature, including school, church or civic functions, shall be permitted for a period not exceeding 30 calendar days, without permit or fee, provided that such signs are not attached to fences, trees, utility poles, regulatory signs or the like; and, further, provided that such signs are not placed in a position that will obstruct or impair vision or traffic in any manner. Such signs may not represent a commercial product, activity or enterprise and shall not exceed 30 square feet per side.

Directional signs. Businesses and public destinations shall be allowed not more than two off-premises directional signs in a district zoned for commercial or light industrial use as a special permit use subject to the provisions of Article VII of this chapter and the following requirements:

In locations with more than one directional sign, all such signs shall be affixed to a common standard and shall be graphically coordinated and arranged so as to present a neat and orderly appearance.

No directional sign shall exceed six square feet in area. In areas with more than one directional sign, the aggregate area shall not exceed 30 square feet.

§ 250-41 Fences and walls.

Fences and walls shall not exceed six feet in height when erected in side or rear yards, nor four feet in height when erected in any front yard or within 50 feet of the street or highway pavement, whichever is the more restrictive.

All such fences and walls shall conform additionally to the requirements of § 250-27 as pertains to corner lots, except for open-mesh chain link fences, which may be permitted upon review by the Planning Commission if it can be demonstrated that visibility at the intersection will not be significantly impaired.

All such fences and walls shall be measured from the ground level at the base of the fence or wall, except that if there is a retaining wall, the height shall be measured from the average of the ground levels at each end of said retaining wall.

§ 250-42 Excavation as part of site preparation.

Nothing contained herein shall prohibit the excavation of sand, gravel, shale, topsoil or similar material from a lot preparatory to construction of a building for which a building permit has been issued or to move such material from one part of a premises to another part of the same premises when such excavation or removal is clearly incidental to the approved building construction and/or site development and necessary for improving the property for a use permitted in the district in which it is located. Provision shall be made to restore an effective cover crop to any area of land from which topsoil has been removed or covered within the first growing season following the start of such operation.

§ 250-43 Development within the Greenway Corridor Overlay (GW-O) Zone or near streams, rivers and wetlands.

All development within the Greenway Corridor Overlay (GW-O) Zone, as defined by this chapter and mapped by the Federal Emergency Management Agency (FEMA), shall be subject to the special use permit preview and approval as provided by Article VII of this chapter.

In order to preserve the open character along major streams for environmental and ecological reasons, all development proposed within 50 feet of the normal stream bank of the Bunn Creek, Dove Creek, North Chuctanunda Creek or South Chuctanunda Creek, within 100 feet of the high-water mark of the Mohawk River, or within 100 feet of the boundary of a freshwater wetland as mapped by the New York State Department of Environmental Conservation, shall be subject to special use permit review and approval as provided by Article VII of this chapter.

§ 250-44 Swimming pools.

Any swimming pool, as defined within Article II of this chapter, shall be subject to the following requirements:

Facilities accepted. This section does not govern portable wading or swimming pools less than 24 inches in height, or temporary, inflatable pools that are taken down annually; provided, however, that all the parts are wholly portable.

Permits; fees; application procedures.

No person shall construct a private swimming pool without first having obtained a permit from the Building Inspector and having paid a fee commensurate with the estimated cost and the building permit fee schedule heretofore established by the Common Council of the City of Amsterdam.

The term "estimated cost" means the value of all services, excavation, labor, materials, equipment and other devices entering into and necessary for the completion of the work.

Application for the construction and maintenance of a private swimming pool shall be made to the Building Inspector by an owner of the property, a registered architect or licensed engineer representing the property owner.

The application shall be accompanied by duplicate sets of plans and specifications and plot plans. The plans shall show construction details, whether constructed of masonry materials, precast or prefabricated masonry materials, steel or other combination of materials ensuring structural stability, including complete water supply, drainage, filtration and lighting layouts. The specifications shall describe materials and equipment intended to be used and further augment the plans, the plot plan shall show the entire lot on which the pool is proposed to be constructed, indicating the exact size and shape of the pool and the distance of the pool from all lot lines, pool fencing and screening, existing and contemplated structures and septic tanks and fields, if any.

Fencing requirements; notwithstanding § 250-41, Fences and walls, no swimming pool, as defined in this chapter, shall be installed or maintained unless:

There shall be erected and maintained a fence of a minimum height of four feet and a maximum height of six feet; such fence shall be erected from ground level to the heights hereinbefore mentioned and shall be constructed of any suitable material approved by the Building Inspector, and, if constructed of wire mesh, it shall be of a gauge not less than 14 with openings in the mesh of not more than one square inch or of a gauge not less than 11 with openings in the mesh of not more than two square inches.

Such fence shall completely surround the area of the swimming pool but shall not be less than three feet from the edge of the swimming pool and shall otherwise comply with the Code of the City of Amsterdam with respect to the erection and maintenance of fences. Any gate in such fence shall be of the self-closing type and locked while the premises are not under the direct supervision of an adult.

All latching and locking devices shall be at a minimum height of four feet above the base of the fence.

The Building Inspector may make modifications in individual cases upon showing of good cause with respect to the height, nature or location of the fence, wall, gates or latches or the necessity therefor, provided that the protection as sought hereunder is not reduced thereby. In addition, he may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein.

Abandonment. Should the owner abandon the pool, he shall arrange to remove the depression and return the surface of the ground to its original grade and approximately in the same condition as before the pool was constructed, and he shall further notify the Building Inspector of the abandonment so that the inspection of the site may be made and the records of the permit be marked accordingly.

Enforcement.

The Health Department and/or Building Inspector may inspect or cause to be inspected all swimming pools at such times as it may deem necessary, and, in the event that, after due notice, any swimming pool is found to be a hazard to health or safety, the Health Department or Building Inspector may cause a suspension of the use thereof until such time as, in the opinion of the Health Inspector or Building Inspector, it shall no longer constitute a health or safety menace or hazard.

Every swimming pool constructed, installed, established or maintained in the City of Amsterdam shall at all times comply with the requirements of the Commissioner of Health or Building Inspector. Any nuisance or hazard to health or safety which may exist or develop in or in consequence of or in connection with any such private swimming pool shall be abated and removed by the owner, lessee or occupant of the premises on which said pool is located within 10 days of receipt of notice from the Building Inspector or Commissioner of Health of the City of Amsterdam. It shall be the duty of the Building Inspector or the Commissioner of Health, respectively, to enforce the provisions of this section. The Building Inspector and/or Commissioner of Health or any of their assistants or deputies shall have the right to enter any premises or any building or other structure for the performance of their duties to ascertain compliance with this section.

Drainage. Private swimming pools shall be provided with one drainage outlet for drainage of the pool and for backwash water disposal. The drainpipe shall be connected to a storm sewer only or discharge into a catch basin by hose. Upon inspection of the property by the Building Inspector, whose approval may be issued by to discharge the pool water onto the owner's lands, provided that the water does not overflow onto adjoining property or over or into any abutting street or into any sanitary sewer.

Piping. Installation and materials used to make connections to the water supply and storm sewer shall conform to the requirements of the appropriate code of the City of Amsterdam.

Size and location requirements.

No private swimming pool shall have a surface area of water larger than 50% of the rear yard or side yard area from front lot line setback to rear lot line.

No private swimming pool shall be constructed or erected nearer than 10 feet to side or rear lot lines and a similar distance from existing and contemplated structures and a distance no less than the required setback from the front line in the district in which the pool is located. If located within 25 feet of any side or rear lot line, such pool shall be screened by natural vegetation from the view of adjacent properties.

On a corner lot, no private swimming pool shall be erected nearer to the street side lot line than the distance required from the front line in the district in which the pool is located.

Compliance by owners of pools in existence. The owner of any land upon which a pool shall be constructed prior to the date of adoption of this chapter shall, within six months after the effective date, comply with the requirements contained herein pertaining to fencing, light, noise abatement and water disposal, except in the event that an existing swimming pool is found to have adequate fences and substantially comply with the provisions hereof and with the protection necessitated, the same should be approved as being in substantial compliance.

§ 250-45 Home occupations and home offices.

Home occupations.

In any residential district, "home occupation" as defined in Article II shall be considered a special permitted use. Permitted home occupations shall conform to the following requirements:

The profession or other occupation shall be carried on wholly within the dwelling or customary accessory buildings.

The activity shall not occupy more than 25% of the gross floor area or 400 square feet of the dwelling, whichever is greater, or its equivalent if located elsewhere in the dwelling or in a customary accessory structure.

There shall be no exterior alteration, display or exterior sign except as permitted for residential districts, no exterior storage of materials or equipment and no alteration or variation from the residential character of the dwelling.

Not more than one person other than resident members of the family residing in such dwelling shall be employed at the same time in connection with such home occupation.

Except for articles produced on the premises, no retail stock shall be displayed or sold on the premises.

Sufficient off-street parking shall be provided as required within § 250-39 of this chapter.

In particular, a home occupation includes, but is not limited to, the following activities: artist or sculptor studio; dressmaking; handicrafts; musical instruction for up to three pupils (provided no instrument is amplified); or tutoring within a dwelling occupied by the same.

However, a home occupation shall not be interpreted to include the following activities: barbershops and beauty parlors; commercial stables and kennels; real estate offices; restaurants; music or singing teacher providing instruction to greater than three pupils at a time; and child day-care center as defined in Article II of this chapter.

Home offices.

In any residential district, a home office shall be considered an accessory use. Permitted home offices shall conform to the following requirements:

The profession or other occupation shall be carried on wholly within the dwelling or customary accessory buildings.

The activity shall not occupy more than 25% of the gross floor area of the dwelling or its equivalent if located elsewhere in the dwelling or in a customary accessory structure.

There shall be no exterior display or exterior signs.

Only resident members of the family residing in such dwelling shall be employed at the same time in connection with such home office.

No retail sales or storage of commodities or merchandise is permitted.

No visits to the home office by customers, clients, patrons and the general public are allowed.

The residence shall maintain its residential character and shall not be altered or remodeled so as to change the residential appearance of the building.

ADULT CABARET ESTABLISHMENT

In particular, a home office is limited to the following activities: recordkeeping, administration of work and computer-related work.

§ 250-46 Mobile homes.

No mobile home shall be occupied, stored or parked at any location in the City. Notwithstanding the above, construction trailers may be permitted on active construction sites upon approval of the Building Inspector. Such construction trailers may not be located until a building permit has been issued and shall be removed prior to the issuance of a certificate of occupancy.

§ 250-47 Storage of commercial vehicles, campers, recreational vehicles and boats on residential lots.

Storage of the following shall occur inconspicuously on that portion of the lot behind the front setback of the dwelling located thereon and shall be not less than 10 feet from the nearest lot line.

No commercial vehicle in excess of 20 feet in length may be stored outdoors on a lot in a residential district.

One camping trailer or recreational vehicle, and one boat may be stored outdoors on a lot in a residential district.

§ 250-48 Required screening.

Any property with enclosed or unenclosed commercial, warehousing or light industrial uses permitted by this chapter shall provide a fence, screening and/or landscaping sufficient to obscure such use from view from abutting properties in residential districts or from public rights-of-way.

Any use which is not conducted within a completely enclosed building, including but not limited to storage of unregistered vehicles, junkyards, storage yards, lumber and building material yards and parking lots, and which use is in, abuts or is adjacent to a property located in the Gateway Overlay (GT-O) Zone, any residential district or fronts on a public right-of-way shall be obscured from view from such residential districts and public rights-of-way in an effective manner, except for vehicle sales lots which may be visible from the public right-of-way.

Plans and site design for the installation of required fences or landscaping shall be reviewed by the Planning Commission prior to issuance of a building permit or certificate of occupancy for such uses.

Any required fencing or landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this section. Failure to maintain fencing and to replace dead or diseased landscaping shall be considered a violation of this chapter.

§ 250-49 Access through certain residential districts.

No business, commercial or light industrial uses, other than existing nonconforming uses, shall gain access from public streets through lands which lie within the most restrictive residential districts (i.e., Zoning Districts LDN and MDN).

§ 250-50 Alternate-care facilities.

All alternate-care facilities, as defined in Article II of this chapter, shall be subject to the special use permit procedure provided by Article VII of this chapter.

Through the application of the special use permit procedure, the City seeks to make needed alternate-care facilities available and conveniently accessible for those persons who are unable to live and work independently at a particular time without unduly disrupting the economic or social balance of the community or unduly impacting its infrastructure and ability to provide services.

§ 250-51 Adult entertainment.

Purpose. The predominant purpose of this section is to regulate uses that, because of their very nature, are recognized as having serious, objectionable operational characteristics and, under certain circumstances, when concentrated in an area, have a deleterious secondary effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. This section is required to prevent such deleterious secondary effects. These special regulations are intended to accomplish the primary purpose of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT MOTEL

A motel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows or videotapes, which if presented in a public movie theater would not be open to the public generally but would exclude any minor by reason of age.

ADULT THEATER

A theater that customarily presents motion-picture films, videotapes or slide shows, that are not open to the public generally but exclude any minor by reason of age.

PEEP SHOWS

A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.

Regulated adult entertainment. Regulated uses include all adult uses, which include, but are not limited to, the following:

Adult bookstore.

Adult motion-picture theater.

Adult entertainment cabaret.

Adult motel.

Peep shows.

Location buffering and restrictions. Adult entertainment establishments shall be permitted subject to the following restrictions:

No adult entertainment establishment shall be allowed within 1/2 mile of another existing adult entertainment establishment.

No adult entertainment establishment shall be located within a five-hundred-foot radius of any residential zoning district.

No adult entertainment establishment shall be located within a five-hundred-foot radius of a preexisting school, library, civic or youth-oriented center, historic preservation site, park or playground or other area where many minors travel or congregate or a place of worship.

No adult entertainment establishment shall be located in any zoning district except the Light Industrial (LI) District.