Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of the adoption of this chapter.

Such nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter.

If such nonconforming use of land, or any portion thereof, ceases for any reason whatsoever for a continuous period of more than six months, or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this chapter.

No nonconforming use of land shall be changed to another nonconforming use.

Such building or structure shall not be enlarged or extended unless the use therein is changed to a conforming use. (See Subsection E.)

Such nonconforming building shall not be structurally altered during its life to an extent greater than 25% of its fair market value, as determined by the City Tax Assessor, unless such alterations are required by law or by the provisions of Subsection H herein; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted and provided further that any such nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of the adoption of this chapter.

A nonconforming use of a building may be changed only to a use of less nonconformity, as determined by the Board of Appeals.

If any nonconforming use of a building ceases for any reason for a continuous period of more than one year or is changed to a conforming use or if the building in or on which such use is conducted or maintained is moved for any distance whatever for any reason, then any future use of such building shall be in conformity with the standards specified by this chapter for the district in which such building is located.

If any building in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of any land on which such building was located, and the subsequent use of any building thereon, shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.

The multi-family or two-family dwelling must be a nonconforming structure at the time of destruction registered with the City per Subsection F above and located in the R1-5 Zoning District;

The reconstruction must be dimensionally in-kind and there shall be no increases to any dimensional nonconformity, including density or parking, that existed on the date of destruction provided that the applicant may reduce any prior dimensional nonconformities, except that a reconstructed multi-family building or two-family dwelling shall be rebuilt with the exact same number of dwelling units and bedrooms as existed before the destruction;

The reconstruction shall be subject to planning board approval pursuant to § 223-25 of this Code; and

A bona-fide and complete application for approval pursuant to § 223-25 of this Code shall be submitted to the City within one year of the date of the destruction and the applicant shall diligently pursue approval of such application.

When applied for by the applicant of the land to be subdivided if, in the judgment and discretion of the Planning Board, their application would benefit the City by satisfying one or more of the purposes set forth in Subsection J above; or

Where the Planning Board determines that their application would benefit the City by satisfying one or more of the purposes set forth in Subsection J above and where the Planning Board determines that one or more of the criteria as set forth in subsections (a) through (d) below would be achieved. In this case the Planning Board shall seek authorization from the City Council, on a case-by-case basis, to require the applicant to submit an application which reflects such modifications of applicable provisions of this chapter.

Provisions.

The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that the height of such fence or wall does not exceed four feet in front yards, six feet in side yards and six feet in rear yards, except that mesh garden or deer fencing shall not exceed eight feet in height. Notwithstanding the four-foot height limitation for fences and walls in front yards, the Planning Board shall have the discretion to approve a fence or wall up to six feet in height in front yards in connection with site plan approval where necessary for screening purposes.

The height of a fence shall be the vertical distance from natural or finished grade, as applicable, to the highest part of the fence section, except that the height of a fence on a retaining wall shall be measured from the top of the retaining wall to the highest part of the fence. Where the grade is uneven from the front of the fence to the back of the fence, the fence shall be measured from the side with the lowest natural or finished grade, as applicable. Where the grade along the line of the fence is uneven, the height of the fence may be measured from the base of the fence in eight-foot to ten-foot sections whereby one part of the base of each section shall be at grade and no point of the base of the fence shall be more than one foot above natural grade. For all fences and walls installed after the effective date of this amendment and for all existing fences and walls of which 50% or more is repaired or replaced after the effective date of this amendment, the finished side of the fence or wall shall face neighboring properties or the street, and such fence or wall shall comply with all requirements of § 223-13G.

No fences and walls shall be permitted in locations where they will interfere with adequate sight distance for vehicles exiting from a road or driveway on the parcel where the wall or fence is to be constructed or from driveways on neighboring property.

No signs shall be permitted on fences.

Prohibited materials. The following fences and fencing materials are specifically prohibited in any location on a lot: barbed-wire fences; sharp-pointed fences; unsafe materials; electrically charged aboveground fences; chicken wire; and temporary fences, such as, but not limited to, snow fences, expandable fences and collapsible fences; and in no event shall canvas, cloth or other similar opaque textile fence exceed the height limitation contained in this chapter. For the purposes of this section, temporary fencing shall not include fencing approved by the Building Inspector, including but not limited to fencing for the purposes of erosion and sediment control, construction and life-safety concerns.

If a swimming pool, as located, is within 100 feet from a dwelling other than the owner's or within 50 feet from any street or property line, the same must be completely surrounded by a fence or wall enclosure not less than four feet in height with openings, holes or gaps (exclusive of gates or doors) therein not more than four inches in one dimension, a part of which enclosure may consist of a dwelling house or accessory building. A wall or fence or other enclosure wholly enclosing a dwelling house shall constitute compliance with this requirement.

Each and every swimming pool gate or door opening through such enclosure shall be equipped and maintained with effective self-closing and self-latching devices, except that the floor of any occupied dwelling house forming a part of such enclosure need not be so equipped. The use of a natural barrier, hedge or pool cover will be deemed to satisfy the requirement of a fence or wall as specified above when approved by the Building Inspector.

All portions of multifamily and nonresidential properties which are not used for locations for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes shall be landscaped and permanently maintained in such manner as to minimize erosion and stormwater runoff and harmoniously blend such uses with the residential character of the City as a whole.

Buffer areas. Wherever a buffer strip is required by this chapter, it shall meet the following standards:

The type, location, and shading of such lighting shall prevent the spillover of light onto any adjacent residential or multifamily property or direct glare onto any public sidewalk or street.

Such lighting shall use full cutoff fixtures that do not emit light above the horizontal plane into the night sky, except for lighting for short-term events or holidays, flagpole lighting, decorative light sources under 600 lumens, public parks and other public specialty lighting, as determined by the Building Inspector.

Hours of lighting and fixture height, type, design, intensity, and color temperature may be determined by the Planning Board in acting on any site development plan upon consideration of the following considerations:

General. No detached accessory building, including a garage, utility shed, storage shed or other outbuilding, but not including construction sheds, is permitted, until such time as the principal building has been substantially completed in conformance with all applicable provisions of this chapter. All accessory buildings shall comply with the dimensional and bulk requirements set forth on the accompanying Schedules of Regulations constituting § 223-17C and E of this chapter unless specifically provided otherwise herein. For the purpose of this section, "residential lots" shall mean any lot containing a permitted residential use.

Sheds. A shed may be erected, provided that it is used for storage and utility purposes that are customary and incidental to the existing residence. Notwithstanding any requirement in the Schedules of Regulations[1] to the contrary, the shed shall be no larger than 144 square feet in floor area and a maximum of 10 feet in height at its highest point.

Detached garages and other accessory buildings. Detached garages and other accessory buildings are permitted, provided that they comply with the accompanying Schedules of Regulations[2] and meet the following additional requirements:

This subsection shall not apply to accessory apartments, except that accessory apartments shall be subject to the front yard, rear yard, and side yard requirements set forth under § 223-17E. The maximum square footage requirements of § 223-17E shall not apply to detached accessory apartments provided that areas utilized for another accessory use (e.g., garage) in the accessory building containing the accessory apartment is counted, excluding solar collectors and storage space above the accessory apartment.

Such accessory uses may include the following:

All hotels shall include the following:

An artist live/work space may exist on the first floor of a structure only if the appearance and use of the live/work space on the street side is consistent with the nature of the permitted uses in the surrounding area. For example, if the surrounding area is retail in nature at the first-floor level, the live/work space shall be restricted to retail on the street side of the first floor, and said street side space shall be large enough, in the opinion of the Building Inspector, to support a typical retail enterprise.

Each artist live/work space and its various components shall be physically separate and distinct from other live/work spaces and other uses within a particular building. The sharing of artist live/work spaces by multiple tenancies, components thereof or utilities shall not be permitted. However, access to live/work spaces may be provided from common access areas, halls or corridors.

Each artist live/work space must be individually equipped with an enclosed bathroom containing a sink, toilet, shower or tub and appropriate venting.

Each artist live/work space must be individually equipped with a kitchen consisting of a sink, nonportable stove, oven and refrigerator.

Each artist live/work space must contain a floor area of no less than 800 square feet, of which a minimum area shall be devoted to the following: 35 square feet for an enclosed bathroom, 60 square feet for a kitchen, and 120 square feet for a sleeping area.

No more than 30% of the floor area of the artist live/work space may be devoted to residential space.

Direct access between living and working areas must be provided.

In order to ensure that the use is consistent with the other commercial uses, artist live/work spaces shall not be used for classroom instructional uses with more than two pupils at any one time; the storage of flammable liquids or hazardous materials; welding; or any open-flame work. Further, the work in the live/work space shall be so conducted as not to cause noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt or electrical disturbance which is perceptible by the average person located within any other residential or commercial unit within the structure or beyond any lot line.

Not more than one person who is 18 years of age or older may reside within an artist live/work space per 300 square feet of residential floor area. Further, not more than two persons who are at least 18 years of age, of which at least one of whom is an artist in residence, and not more than two children of said persons who are under 22 years of age may reside within a live/work space on a year-round basis.

Only one nonresident employee may be employed within an artist live/work space. This requirement may be waived for live/work spaces that provide retail space on the first floor.

Other than in a first-floor retail-oriented area, articles offered for sale within a live/work space must include those produced by the artist residing in said live/work space and may be offered with other like items.

One flush-mounted, nonilluminated sign, with a maximum area of two square feet, attached adjacent to or near the street entrance door to the live/work space may be used to identify the artist. This sign may list only the name of the artist with a one- or two-word description of the type of artwork or craft that is to be conducted within the live/work space. Where two or more live/work spaces occur within the same building, the signs must be placed in an orderly fashion in relation to each other and must be part of a coherent directory in which signs are ordered in a horizontal fashion. Where five or more live/work spaces are developed within one building, an interior directory sign shall be located in lieu of individual signs on the building exterior.

Residential space and work space shall not be rented separately or used by persons other than those people legally residing within the artist live/work spaces and permitted nonresident employees.

No artist live/work space shall serve as a place from which commercial vehicles are dispatched or operated.

All live/work spaces shall conform to all applicable building codes.[1]

For the purposes of this permitted use, artists shall only be those persons working exclusively with paint, paper, clay and/or other soft materials, and this use shall include photography, jewelry making, graphic arts and other similar relatively quiet endeavors as determined by the City Council in reviewing the proposed special use permit application. Tattoo appliers, body piercers and musicians shall not be considered artists for the purpose of this use.

Renewal inspections. Each artist live/work space shall be inspected by the Building Department every two years in order to determine whether the artist live/work space remains in compliance with this section. Upon a satisfactory inspection report, the artist live/work space owner shall be reissued a certificate of occupancy for two additional years. If the Building Inspector determines that the artist live/work space is not in compliance, the building owner or manager shall have 60 days in which to rectify all noncomplying elements and shall apply for reinspection with the Building Department, subject to an additional fee. If all such noncomplying elements are not rectified within the above-specified time frame, the certificate of occupancy for the use shall expire and the use as authorized by the special permit shall be terminated.[2]

The owner of the live/work space shall file a certification with the Building Department every two years, and at any point in time when there is a change in ownership or a change in the use of the space, on a form provided by said Department, which certifies that the live/work space is in conformance with the Zoning Chapter and the special permit, and that the residential portion of the space has not been expanded beyond a maximum of 30% of the floor area of the live/work space, as required by Subsection A(6) above.

The deed, offering plan, certificate of occupancy and/or rental agreement, as appropriate, for each artist live/work space shall contain language, satisfactory to the City Attorney in form and substance, which states that the subject dwelling is an artist live/work space as defined in § 223-63 of the Zoning Chapter of the Code of the City of Beacon, New York, and is subject to all restrictions and limitations as set forth in said chapter and the approval resolution(s), including the requirement for a certification with the Building Department in accordance with § 223-24.3A(18). Proof of recording of the deed shall be provided to the Building Department within 60 days after the conveyance.

One identification sign stating the name and address of the resident or property or the number of the lot, not exceeding one square foot in area.

One identification sign announcing any profession or occupation permitted as an accessory use on the lot, not exceeding one square foot of area.

For other permitted uses, one sign at each street frontage where the use has an access drive, provided that the total area of such sign does not exceed 50 square feet.

Temporary signs in accordance with Subsection F below.

Interior signs displayed through windows shall not require a permit under this section, and said signs shall not count toward maximum number of signs affixed to a building per establishment. However, interior window signs affixed to or placed so as to be visible through a window shall be limited to the windows of the structure within which the permitted use is situated, facing the principal street giving access to such structure. The total amount of signage shall not exceed 30% of the total glass area. All signs shall be maintained in a legible, neat and orderly fashion.

Animation. No sign shall be mechanically animated, such as moving, rotating or revolving.

Setback. All signs shall be located within the setback lines of the lot or on the building.

Repair. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition.

Illumination. Permitted signs may be internally or externally illuminated, except by means of a neon-type electric material, provided that such illumination shall not be twinkling, flashing, intermittent, or of changing degrees of intensity or projected outward from the property onto adjacent properties or public rights-of-way and provided that the source of such illumination shall not be visible beyond the boundaries of the lot on which it is located. Notwithstanding the above, neon, LCD and LED signs shall not be permitted.

Placement. No sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.

Not more than one sign affixed to the outer wall of the structure within which the permitted use is situated, which outer wall faces the principal street giving access to such structure, provided that:

Not more than one freestanding sign facing each street on which the lot abuts, provided that:

One identification sign, not exceeding 10 square feet in area, to the outer wall of the structure facing upon a street or parking lot not faced by a sign as permitted in Subsection E(1) above.

In addition to other permitted signs, necessary small directional signs are permitted on access roads and parking areas, provided that the area of each sign shall not exceed two square feet.

Interior signs displayed through windows shall not require a permit under this section, and said signs shall not count toward maximum number of signs affixed to a building per establishment. However, interior window signs affixed to or placed so as to be visible through a window shall be limited to the windows of the structure within which the permitted use is situated, facing the principal street giving access to such structure. The total amount of signage shall not exceed 30% of the total glass area. All signs shall be maintained in a legible, neat and orderly fashion.

Temporary signs in accordance with Subsection F below.

A temporary sign is a nonilluminated sign that is used in connection with a circumstance, situation or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, such as signs displayed during campaigns, drives or events of civic, political, philanthropic, educational or religious institutions. If such sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as "temporary." Unless otherwise provided in this section, signs shall not be considered temporary if they are effectively displayed on an ongoing basis, interrupted by short intervals when they are not displayed. Temporary signs shall not require a permit under this section, unless located in the public right-of-way or on public property.

Temporary signs must be removed by the individual or organization which posted, or caused to be posted, such temporary signs within seven calendar days after the event for which they are displayed, unless otherwise provided in this section.

No temporary sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.

The following temporary signs shall be permitted in all districts, unless otherwise provided in this section:

Illumination. Permitted signs may be internally or externally illuminated, provided that such illumination shall not be twinkling, flashing, intermittent, of changing degrees of intensity or projected outward from the property onto adjacent properties or public rights-of-way and provided that the source of such illumination shall not be visible beyond the boundaries of the lot on which it is located. Notwithstanding the above, neon, LCD and LED signs may be permitted.

Placement. No sign shall be located so as to obscure any signs displayed by public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.

Setback. Unless otherwise specified, all signs shall be located within the setback lines of the lot or on the building.

Repair. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition.

Animation. No sign shall be mechanically animated, such as moving, rotating or revolving.

Permit required. In all districts, no temporary signs shall be erected in the public right-of-way or on public property without a permit, unless specifically exempted below.

Exceptions. The following signs shall not be subject to the issuance of a permit:

Permit standards. The Building Inspector or his duly authorized designee shall issue a permit within a reasonable period of time following receipt of a complete permit application for the placement of a temporary sign in the right-of-way or on public property, provided the following conditions are satisfied:

Noncompliance with any of the foregoing provisions shall constitute an offense, punishable as provided for in § 1-3, General penalty. When a person has received written notice from the Building Inspector or has been served with a summons and complaint in an action to enjoin continuance of any violation, each day in excess of 10 days thereafter that he shall continue to be guilty of such violation shall constitute an additional, separate and distinct offense.

Any temporary sign installed or placed, except in conformance with the requirements of this section, shall be subject to removal. In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such sign the full costs of removal and disposal of such signs in accordance with the administrative fee set forth in the City of Beacon Schedule of Fees.[3] The fee shall be paid by the individual or entity retrieving the signs from the City. The City shall dispose of the sign(s) after five calendar days from the removal of the sign(s) by the City.

The display of any sign at a location containing the name or address of a person or entity and a commercial message relating to such person or address shall be presumptive evidence that such person installed, created, erected and maintained the sign at the location where it was displayed. This presumption shall be subject to rebuttal by competent evidence.

That there is no other suitable alternative area within the lot available for the proposed use, improvement or development of such lot;

That the activity proposed is the minimum necessary to make reasonable use of the land;

That all feasible construction standards and precautions will be taken to assure that environmental impacts will be minimized;

That all erosion control practices proposed for soil stabilization are made of natural fibers (hay, straw, jute, coconut, wood fiber, or similar materials) that are fully biodegradable, unless otherwise approved by the approval authority, or unless otherwise required by NYSDEC; and

That the purpose and intent of this section are satisfied to the maximum degree feasible.

May require a public hearing, the notice of which shall be published by the applicant in the City's officially designated newspaper at least five days prior to the date of such hearing.

May request a written report on the effects of such alteration by the Soil Conservation Service of the United States Department of Agriculture or other expert of the Planning Board's choosing at the expense of the property owner or developer, and payment in advance of the amount of such expense, if any, shall be a condition of further consideration.

No land in the City of Beacon shall be used for any of the following:

No land in the City of Beacon shall be used for the storage, transfer, treatment and/or disposal of natural gas exploration and production wastes.

Application for required special permits shall be made to the City Council or Planning Board as indicated in § 223-17, Schedule of Use Regulations. If the approval authority is the City Council, the application shall be first submitted to the Planning Board as agent for the City Council, and the applicant shall appear before the Planning Board prior to appearing before the City Council. All application materials, including plans, shall be submitted in electronic file format acceptable to the Building Department, in addition to at least five paper copies (or such other format or amount as determined by the Building Department), at least two weeks prior to the regular Planning Board meeting at which it will be considered. The Planning Board shall, upon receiving an application for the City Council, forward a copy of the application to the City Council for the Council' s use in initiating the state environmental quality review process and for otherwise processing the application. The Planning Board shall render a report to the City Council on each such application, which report shall be rendered within 45 days of the date such application is received by the Board. Each report shall be submitted to both the Building Inspector and the City Engineer. The City Council or Planning Board shall conduct a public hearing within 62 days from the day on which a complete application is received. Public notice of said hearing shall be provided by the applicant in accordance with § 223-61.3 of this chapter. The City Council or Planning Board shall decide upon the application within 62 days after the hearing, provided that the SEQR process has been concluded. The time in which the City Council or Planning Board must render its decision may be extended by mutual consent of the applicant and the approving authority. The City Council or Planning Board may authorize the issuance of a permit, provided that it shall find that all of the following conditions and standards have been met:

The decision of the City Council or Planning Board on the application, after the holding of the public hearing, shall be filed in the office of the City Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.

A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if:

The City Council may grant one or more extensions, of up to six months each, to:

The City Council may impose such conditions as it deems appropriate upon the grant of any extension. The granting of an extension of time under this section shall not require a public hearing.

In the execution of this law it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.

It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the City of Beacon.

These special regulations are itemized to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

Adult uses shall not be located within a five-hundred-foot radius of the following zoning districts which permit residential development: R1-120, R1-80, R1-40, R1-20, R1-10, R1-7.5, R1-5, RD-7.5, RD-6, RD-5, RD-4, RD-3, RD-1.8, RD-1.7 and Senior Affordable Housing Overlay District.

Adult uses shall not be located within a one-half-mile radius of another such use.

Adult uses shall not be located within a five-hundred-foot radius of the property lines of any school, church or other religious institution or place of religious worship, park, playground or playing field.

Adult uses shall not be located in or within 500 feet of any Historic District and Landmark Overlay Zone.

Retail facilities for the sale of motor vehicle accessories.

Coin-operated vending machines.

The site for each car wash shall have a street frontage of at least 100 feet.

No car washing facilities shall be located within 150 feet of any residential district.

All car washing facilities shall be completely within an enclosed building.

The vacuuming facilities may be outside the building but should not be within any required yard.

Waiting area.

A drying area for cars (where such drying is not an integral function of an automatic-type car wash) so situated as to be usable for the hand-finishing of cars at the end of the washing process, with parking spaces equal in number to:

Any building so used shall not be less than 75 feet from the lot line of any adjoining property, except that buildings which exist on the date of the enactment of this section shall not be less than 50 feet from the lot line of any adjoining property.

There shall be a minimum of 7,500 square feet of lot area for each patient bed. All patient beds shall be licensed by the state or federal government or one of their agencies.

No patient bed or treatment facility shall be located within 100 feet of any off-site dwelling as of the date a building permit for the construction of the structure housing the patient bed or the treatment facility is obtained or, if no building permit is required, as of the date the new hospital use commences.

A hospital for treatment of human mental ailments shall provide a licensed security guard and staff trained in security procedures on twenty-four-hours-a-day, seven-days-a-week basis.

Notwithstanding the definition of the term "accessory use" in § 223-63 of this chapter, accessory hospital uses may be located on the same lot as the principal hospital use or on any lot which is adjacent to or across the street from the lot which the principal use is located.

In any R1-40 or R1-20 District, the minimum lot area shall be 40,000 square feet, plus 2,500 square feet for each additional resident person over 10 in number.

In any R1-10, R1-7.5, R1-5, RD-7.5, RD-6, RD-5, RD-4, RD-3, RD-1.8 or RD-1.7 District, the minimum lot area shall be 20,000 square feet, plus 1,500 square feet for each additional resident person over 10 in number.

In any FCD, LI, or HI district, the minimum lot area shall be 10,000 square feet, plus 1,000 square feet for each additional resident person over 10 in number.

All new or relocated buildings and structures shall be set back from adjoining residential properties at least twice the distance required for residential uses.

Wherever any nursing home building is located less than 50 feet from an adjoining residential property, it shall be suitably screened with evergreen planting.

Off-street parking shall be provided in accordance with § 223-26.

All parking spaces shall be permanently improved and may not be located in the required front yard nor closer than 1/2 of the required nursing home building setback distance from any other property line.

Suitable landscaping and/or fencing or parking areas shall be provided so as to screen them from surrounding residential properties.

Self-storage facilities and warehouse storage shall not be located along the street- facing property line.

Self-storage facilities and warehouse storage shall be located behind active ground- floor permitted uses, below grade, or in a separate secondary structure that is setback a minimum of 10 feet from the primary street-facing structure.

The requirements of § 223-18.

Artists' or artisans' studios.

Antique shops.

Rare book, coin or stamp shops or similar type uses as determined by the Planning Board.

Sit-down restaurants not to exceed a seating capacity of 50.

Bed-and-breakfast establishments not to exceed 10 guest bedrooms, subject to the requirements of § 223-24.4B, C and E.

Professional offices not to exceed 10 employees.

Multifamily residential use not to exceed four units.

Artist live/work spaces not to exceed four units.

Hotel and hotel-related accessory uses and structures with adequate screening of any new structures from surrounding public street views.

Notwithstanding the limitations in Subsection B above, and with the exception of Subsection B(2), the Planning Board may approve a special permit for any of the uses listed in said section, and may allow a larger number of seats, employees, dwelling units, or artist live/work spaces, when it determines that such larger number is warranted by one or more of the following:

In approving any such special permit, the Planning Board shall establish such limitations on the number of seats, employees, dwelling units, artist live/work spaces, or accessory uses and structures as it deems warranted.

The Planning Board must make the following findings before special permit approval is granted:

These standards shall be in addition to the general special permit standards set forth in § 223-18 and the standards set forth in § 134-7.

An application for a building permit for a use requiring site development plan approval shall be made to the Building Inspector by a legally certified individual or firm, such as a registered architect or professional engineer. All application materials, including plans, shall be submitted in electronic file format acceptable to the Building Department, in addition to at least five paper copies (or such other format or amount as determined by the Building Department), at least two weeks prior to the regular Planning Board meeting at which it will be considered. The site development plan shall contain the following information:

Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 190 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 190, Article II. The approved site plan shall be consistent with the provisions of Chapter 190.

Certificate of inspection. A certificate of inspection issued pursuant to § 179-6 of this Code shall be required for site plan approval.

The first phase, called conceptual site plan review, shall consider the general parameters of the total proposed development, including total square footage of floor area, range of anticipated uses, traffic access and internal circulation, site buffering, sewer and water demands, parking requirements, and other relevant issues as determined by the Planning Board. The application for conceptual site plan approval shall contain the information set forth in Subsection B, but at a conceptual level. After review, and environmental compliance pursuant to Subsection F below, the Planning Board may grant a conceptual site plan approval, which shall set forth the parameters of the development approved, and any specific conditions or criteria under which future actions, including subdivisions, or project-specific site plans for individual elements of the conceptual site plan, will be undertaken, reviewed, and approved, including requirements for any subsequent SEQR compliance in accordance with Subsection F below. There shall be no vesting granted to any applicant by virtue of the adoption of conceptual site plan approval by the Planning Board.

The second phase, called the project-specific phase, will include all elements not previously reviewed and approved as part of the conceptual review. These could include, in appropriate cases, but are not limited to details of site grading, architectural review, landscaping, parking compliance, etc.

Internal property subdivisions. Subsequent to conceptual site plan approval by the Planning Board of the overall site area under § 223-25C(1), or subsequent to a single phase site plan approval by the Planning Board for a residential, non-residential, or mixed-use project that may involve a number of buildings to be developed over a period of time, owners may subdivide the site forming lots and/or buildings, provided that sufficient parking in accordance with § 223-26 of this chapter is included on each lot or is made available to support the use on each lot in a manner satisfactory to the Planning Board and that no development within any lot will be permitted except as shown on a site plan approved by the Planning Board. Provisions satisfactory to the Planning Board for maintenance of all elements of the site plan shall also be a prerequisite for any subdivision of the overall site area. The standards as referred to in § 223-17D shall apply to the overall site area, whether or not the same is or will continue to be under one ownership. To the extent that the provisions of this subsection conflict with the provisions of § 223-12, the provisions of this subsection shall be controlling.

The Planning Board shall comply with SEQR prior to granting any approvals, on a generic or site-specific basis, as appropriate. Conceptual site plan reviews shall require SEQR analysis on a generic basis, which may be broader and more general than site-specific SEQR analysis, but may also include an assessment of project-specific impacts if such details are available. The generic analysis may identify the important elements of the natural resource base, and existing and projected features, patterns and character. It may discuss in general terms the constraints and consequences of any narrowing of future options. It may present and analyze, in general terms, hypothetical scenarios that could and are likely to occur.

The generic analysis should set forth specific conditions or criteria under which future actions will be undertaken, reviewed, and approved, including requirements for any subsequent SEQR compliance. These conditions may include thresholds and criteria for supplemental SEQR analysis regarding site-specific impacts of certain scenarios, or potential alternatives, which were not previously addressed in the generic SEQR analysis. Further, any site-specific environmental impacts not previously addressed in the conceptual review shall be addressed in the project-specific phase.

The developer may be required by the reviewing authority to carry away by pipe or open ditch any spring or surface water that may exist either previous to or as a result of the project. Such drainage facilities shall be located in the street right-of-way, where feasible, or in perpetual unobstructed easements of appropriate width and shall be constructed in accordance with the City Construction Standards and Specifications.

If a project contains an existing drainage channel conveying surface water from an off-site upstream drainage area, the developer shall be required to provide for the conveyance of such surface water runoff through the project. Drainage pipes and/or other conveyance facilities shall be provided large enough, in each project and for each existing drainage channel, to convey potential runoff from the entire upstream drainage area through the project, based on a one-hundred-year storm. The intent of this provision is to maintain the existing watershed drainage pattern as closely as possible and to safely convey stormwater runoff from the upstream drainage area through the project. Further, the developer shall also be required to install drainage pipes and/or other conveyance facilities in the project to accommodate on-site-generated stormwater runoff which traverses the project for a twenty-five-year storm based on post-development conditions.

The reviewing authority may require the developer to prepare a study of the effects of the project on existing downstream drainage facilities based on the one-hundred-year storm. Where such study or the reviewing authority, after an independent analysis, determines that the additional runoff resulting from the development of the project will adversely impact existing downstream properties or drainage facilities, the reviewing authority may withhold approval until provision has been made for the correction of said potential condition. An acceptable corrective provision may be the addition of on-site retention and/or detention of the increased post-development stormwater runoff from the project so that there would be no net increase in the peak rate of stormwater runoff over the project’s predevelopment rate.

The applicant shall be responsible for submitting computations to the City Engineer in sufficient detail to make possible the ready determination of the adequacy of the proposed drainage facilities, and the City Engineer shall be responsible for reviewing these and preparing recommendations for the reviewing authority.

General standards. The Planning Board may require that a portion of land subject to site plan approval for a residential use be reserved for a park or parks suitably located for playground or other recreational purposes. Such locations shall be as designated on the City Development Plan or Official Map, or as otherwise deemed appropriate by the Planning Board. Each reservation shall be of suitable size, dimensions, topography and general character, and shall have adequate street or private road access, for the particular purpose or purposes envisioned by the Planning Board. The area shall be shown and marked on the site plan as "Reserved for Park Purposes."

Minimum size. The Planning Board may require the reservation of up to 10% of the area of the site plan for recreation purposes. In general, it is desirable that land reserved for park and playground purposes have an area of at least one acre.

Ownership of park areas. The ownership of reservations for park purposes shall be clearly indicated on the site plan and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance. When the Planning Board requires that an area for park, playground or recreational purposes be reserved on the site plan, such requirement shall not constitute an acceptance by the City of such area.

Cash payment in lieu of reservation. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located on any such site or are otherwise not practical, the Planning Board may require, as a condition to final approval of any such site plan, a payment in a sum to be determined by the approval authority in accordance with the fee schedule on file in the City Clerk’s office. Said sum shall be deposited in a trust fund to be used by the City Council exclusively for neighborhood park, playground, or recreational purposes, including but not limited to the acquisition of land.

Referral. In the event the Planning Board intends to require a reservation of parkland, the Planning Board shall request a report and recommendation from the City Council as to the reservation of such land for park or recreation purposes.

If the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 195-25 of the City Code, the applicant shall be credited for any land set aside or money donated in lieu thereof under such subdivision plat approval.

A public hearing shall be held by the Planning Board on each site development plan application. Notice of said hearing shall be provided by the applicant in accordance with § 223-61.3 of this chapter. With respect to the two-phase site plan approval process for nonresidential projects provided for in Subsection C above, a public hearing shall be held by the Planning Board during both the conceptual and project-specific phases, respectively.

Safeguard the City's scenic and aesthetic resources, as embodied in designated viewpoints and viewsheds.

Preserve property values in such scenic resource areas.

Foster civic pride in the beauty of the City.

Implement the objectives and policies of the City's Comprehensive Plan, Local Waterfront Revitalization Program, and Natural Resources Inventory.

It the intent of the City of Beacon to protect and preserve the scenic resources of the City, to ensure that the benefits provided by the scenic resource will not be lost for present and future generations, and to protect the broader public interest.

This section is enacted with the intent of providing an equitable balance between the rights of individual property owners to the use of their property and the rights of present and future generations to enjoy scenic viewsheds. Therefore, this section recognizes the rights of property owners that may be affected by a designated scenic resource to use their property for reasonable purposes consistent with these and other regulations and controls, provided that such use does not result in a significant loss or impairment to public scenic viewsheds.

It is not the intent of this section to protect views from private properties or to affect property development constructed prior to the designation of a specific scenic viewshed or scenic view location. However, it is the intent of the City of Beacon that the provisions of this section shall apply to any enlargement, alteration, improvement, or modification of any existing building or structure that affects a designated scenic viewshed.

It is the intent of this section to protect viewsheds while allowing property to be developed in accordance with the City Zoning Code and New York State law. The Planning Board has the flexibility to modify the City's zoning regulations with respect to site layout and lot design, including minimum lot area, width, depth, and frontage, minimum front, side, and rear yards, and other similar requirements in the § 223-17, Schedule of Dimensional Regulations, as permitted in this section, to preserve designated viewsheds and permit proposed projects that otherwise meet the requirements of the City Code.

The City Council shall identify a scenic view location and scenic viewshed for possible designation. The City Council shall prepare and make public a justification assessment which shall include maps, photographs, and a written description to describe the potential scenic view location and scenic viewshed under consideration.

The City Council shall request comments regarding the potential scenic view location and scenic viewshed from the Planning Board and Conservation Advisory Committee. The City Council may also request comments from other officials and committees as the Council deems appropriate. All comments shall be provided to the City within 30 days of the City's initial request.

After the City Council has identified a specific scenic view location and scenic viewshed for protection, it shall hold a public hearing on the designation of each identified scenic view location at which time the general public, interested parties, and property owners in the area shall have the opportunity to be heard regarding the proposed scenic view location and scenic viewshed designation.

Notice of the public hearing on the designation of the scenic view location and scenic viewshed shall be provided as follows:

After conducting a public hearing on the intent to designate a scenic view location, the City Council shall approve or disapprove the designation according to its regular voting procedures and include any designated view location on the City of Beacon Zoning Map.

The designation of a scenic view location or scenic viewshed may be amended or rescinded by the City Council, after a public hearing.

Prior to designating a scenic view location or scenic viewshed, the City Council must find the scenic view location or scenic viewshed possesses one or more of the following characteristics:

Scenic viewsheds shall possess a unique overall quality of scenic beauty.

If multiple nearby locations have similar views, the best view locations shall be designated.

Designation shall consider foreground elements and the longer-distance viewshed, as well as whether the view will be available in both summer and winter.

Only legally accessible public property, including existing roads, parks, or other legally accessible public property, may be designated as a protected scenic view location.

Where site development plan approval and/or subdivision approval is required by the Planning Board, the Planning Board shall make specific findings concerning the consistency of the proposed development, alteration, modification or improvement with the provisions of this section.

Where special use permit approval or concept plan approval is required by the City Council, the City Council shall refer the special use permit or concept plan application to the Planning Board for comments. The Planning Board shall provide comments to the City Council concerning the consistency of the proposed development, alteration, modification or improvement with the provisions of this section prior to the close of any public hearing on the special use permit or concept plan application. Such comments shall be incorporated into any recommendation provided by the Planning Board to the City Council on the special use permit or concept plan application.

Where variance approval is required by the Zoning Board of Appeals, the Zoning Board of Appeals shall refer the variance application to the Planning Board for comments. The Planning Board shall provide comments to the Zoning Board of Appeals concerning the consistency of the proposed development, alteration, modification or improvement with the provisions of this section prior to the close of any public hearing on the variance application.

Where variance approval is required by the Zoning Board of Appeals, the Zoning Board of Appeals shall make specific findings concerning the consistency of the proposed development, alteration, modification or improvements with the provisions of this section when evaluating whether the requested use variance(s) will alter the essential character of the neighborhood or whether the requested area variance(s) will produce an undesirable change in the character of the neighborhood.

The City Council and City departments shall consider the consistency of any public project or improvement, such as decisions on parks, street trees and other public improvements, with the provisions of this section. The City shall consider the standards set forth in § 223-25.1G(7) when reviewing any public project or public improvement that may affect a designated scenic viewshed or scenic view location.

An application for site development plan approval, subdivision approval or variance approval for a proposed development, alteration, modification or improvement that may affect a designated scenic view location or designated scenic viewshed shall include a visual assessment of the proposed action as part of the application packet. The visual assessment shall include the following:

Before granting or denying any site development plan, subdivision application or variance request, the Planning Board or the Zoning Board of Appeals shall consider the following standards, when reviewing a site development plan, subdivision application or variance request that may affect a designated scenic viewshed or scenic view location:

The Planning Board or Zoning Board of Appeals may request alternative design options that would avoid or minimize negative impacts to the designated viewshed.

In order to achieve the purposes of this section, the Planning Board may modify the zoning regulations with respect to site layout and lot design, including minimum lot area, width, depth, and frontage, minimum front, side, and rear yards, and other similar requirements in the § 223-17, Schedule of Dimensional Regulations, provided that:

Location. Except as provided elsewhere under the City Code, any approved off-street parking area or structure shall be provided on the same lot or premises with such structure or land use; unless such off-street parking spaces for structures or land uses on two or more adjoining lots may be provided in a single common facility on one or more of said lots, provided that an easement or deed restriction(s), in a form approved by the Corporation Counsel, assuring the continued operation of said parking facility during the life of the structure or the land use the parking is designed to serve, is filed on the land records prior to approval of the plans for said parking facility.

In any residence district, no designated off-street parking area or structure shall be developed in any front yard forward of the principal building, except as approved by the Building Inspector or Planning Board for an unusual lot configuration. Nor shall any off-street parking area or structure be developed in a residence district in any minimum side or rear yard setback adjacent to a street line or in any other side or rear yard within five feet of the lot line. However, off-street parking spaces shall be permitted in residential districts as indicated in § 223-17C.

Parking specifications.

Landscaping. Except for parking spaces accessory to one-family and two-family dwellings and accessory apartment dwelling units subject to approval by the Building Inspector, all off-street parking areas shall be landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board based upon consideration of the adequacy of the proposed landscaping to assure the establishment of a safe, convenient and attractive parking facility with a minimum amount of maintenance, including plant care, snowplowing and the removal of leaves and other debris. The property owner shall have an obligation to maintain and replace any landscaping which dies or becomes unsightly.

Grades, drainage, paving and marking. All parking areas and structures, regardless of size, shall be graded, surfaced, drained and maintained throughout the duration of their use so as to comply with the New York State Stormwater Management Design Manual, as amended from time to time, and/or Chapter 190, Stormwater Management and Erosion and Sediment Control, of this Code, or other acceptable stormwater management practice(s), as deemed suitable to the City Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The drainage analysis for said parking areas or structures shall include pre- and post-development conditions as well as remediation and/or mitigation of stormwater runoff. The maximum slope within a parking area shall not exceed 5%. In RD Districts and in any multifamily or nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits. Except for one-family or two-family dwellings, the Planning Board shall require green stormwater infrastructure for the development of parking spaces, unless the applicant establishes to the Planning Board's satisfaction that the underlying soils do not allow natural drainage. Such green stormwater infrastructure is subject to § 190-9. For the purposes of this subsection, "green stormwater infrastructure" shall mean practices which manage stormwater through infiltration, evapo-transpiration and reuse including the following: the use of permeable pavement, bio-retention, tree pits and urban forestry, stormwater planters, rain gardens, vegetated swales, or stormwater harvesting and reuse.

Traffic circulation. In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Board shall require easements, satisfactory to the Corporation Counsel, binding the owner and its heirs and assignees to permit and maintain such internal access and circulation and inter-use of parking areas or structures.

Two or more uses on same lot. Where two or more different uses occur on a single lot, the Planning Board may approve the joint use of parking spaces by two or more establishments on the same lot or on contiguous lots, the total capacity of which is less than the sum of the spaces needed for each use individually, provided that said Board finds that the capacity to be provided will substantially meet the intent of this article by reason of variation in the probable time of maximum use by patrons or employees at such establishments and provided that such approval of such joint use shall be automatically terminated upon a change of use at any such establishment.

Designed residence and multifamily residence districts.

Off-street parking for private passenger vehicles may be allowed by a special permit from the Planning Board on a vacant lot in a residential district which has a shared parcel line for at least 20 feet with a commercial or industrial district, provided that the off-street parking shall be on a portion of the lot within 200 feet of the commercial or industrial district and that the use shall not include fee-based parking for railroad commuters.

Conveyance of land. Where, because of limitations of size, dimensions or topography of a lot, an applicant for a building permit in a business district finds it impractical to provide all or a portion of the off-street parking spaces required by the Planning Board, in connection with a proposed building or addition, the applicant may grant and convey to the City of Beacon, and the City Council, at its discretion, may accept, appropriately located and developed land for commercial parking as a permitted use equivalent, provided that said land is permanently dedicated to the City.

Waiver of improvement. Except within the Central Main Street District, and notwithstanding any other provision of this chapter, the City Council or Planning Board, in reviewing plans submitted in accordance with the provisions of this section or §§ 223-18 or 223-25, may waive the initial improvement of up to 50% of the off-street parking spaces, provided that all of the spaces are shown on the proposed plan and further provided that suitable agreements, satisfactory to the City Council or Planning Board, are obtained assuring the City that the property owner(s) will be responsible for the construction of such waived spaces, or any portion thereof, within six months of the date such spaces may be deemed necessary by the City Council or Planning Board.

In order to promote walkability and other transportation alternatives and to avoid excessive automobile traffic and unnecessarily large paved parking lots, parking maximums have been established for all uses. Unless otherwise determined by the Planning Board, no minimum number of off-street parking spaces are required within the CMS, L, and WD districts due to the proximity of these districts to municipal parking areas, public transportation, and pedestrian-oriented streetscapes.

The Planning Board shall determine the appropriate number of off-street parking spaces within the range provided in the table at § 223-26D(4) as part of its application review and based on the context of the property, including but not limited to, as applicable, the size of the parcel, proposed uses, existing buildings on the parcel, especially if they are designated as historic, availability of public and street parking in the area, access to public transit, a parking study submitted by the applicant, shared parking arrangements, land-banking authorized under § 223-26C(2), compliance with the Americans with Disabilities Act (ADA) and any state requirements for accessible parking, and input from any public hearing. The number of off-street parking spaces determined by the Planning Board to be appropriate shall become the required number of off-street parking spaces for the proposed use of the subject property.

Any professional parking study submitted by the applicant shall be based primarily on specific site-related information, a comparable analysis of similar uses and properties in the area or region, and an examination of demand reduction strategies, including such elements as promotion of walking, bicycle parking or storage facilities, alternative mobility options, transit access opportunities, car-share rentals, and ride-sharing or carpooling services.

The following table establishes the range of the minimum and maximum number of off-street parking spaces within which the Planning Board has discretion to determine the required number of such spaces based on the considerations set forth at § 223-26D(2). Where more than the maximum or less than the minimum number of off-street parking spaces are provided an area variance from the Zoning Board of Appeals shall be required. An area variance may also be sought from the required number of parking spaces determined to be appropriate by the Planning Board.

Reserved.

Number of spaces. The Planning Board shall determine the location (on-site or off-site) and appropriate number of loading spaces as part of site plan approval and based on the context of the property, including but not limited to the size of the parcel, proposed uses, existing buildings on the parcel, a professional study submitted by the applicant, and input from any public hearing.

At all times, except as temporarily required for loading and unloading, the storage on residential property of registered utility trailers shall be limited to a total of two per dwelling unit. Unregistered utility trailers shall not be stored on residential property.

All-terrain vehicles, snowmobiles and jet skis shall be stored in an enclosed garage or the rear yard, unless such item is fully screened by landscaping or opaque fencing.

The City Council has determined that the establishment of zoning provisions to institute minimum standards for wireless telecommunication services facilities shall be among the legislative purposes of the Zoning Law of the City of Beacon and is in accordance with the goals, objectives and policies of the City's Comprehensive Plan.

The purpose of these regulations is to reasonably control the location, construction, appearance and maintenance of wireless telecommunication services facilities in order to protect, to the maximum extent practicable, aesthetic impacts, the open space character of portions of the City of Beacon, the property values of the community, and the health and safety of citizens, while not unreasonably limiting competition among telecommunication providers.

Unlicensed wireless telecommunication services facilities installed wholly within a principal or accessory building such as, but not limited to, baby monitors, heart monitors, garage door openers and burglar alarm transmitters, and serving only that building.

Notwithstanding anything to the contrary in this chapter, an eligible facilities request for modification of an eligible support structure that does not substantially change the physical dimensions of such structure shall not require review under this section. A building permit must be obtained for an eligible facilities request prior to any modification of the eligible support structure.

A site development plan meeting the requirements of § 223-25B(1).

An engineering plan illustrating the design and specifications of the proposed structure and equipment, including location of radios, antenna facilities, transmitters, equipment shelters, cables, conduits, point of demarcation, transport solution, electrical distribution panel, electric meter, and electrical conduit and cabling. Where applicable, the design documents should include specifications on design, pole modifications and ADA compliance.

Where applicable, a load-bearing study to determine whether the structure requires reinforcement in order to accommodate the attachment of the proposed wireless telecommunication services facility. If pole reinforcement is warranted, the design documents should include the proposed pole modification.

The location, size, and height of all existing and proposed structures on the property which is the subject of the application.

The applicant's name, address, telephone number, and email address.

The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant.

A descriptive statement of the objective(s) for the new facility or modification thereof, including, but not limited to, filling a gap in coverage, densifying a wireless network, introducing a new service, or otherwise improving service capabilities.

The location of the nearest residential structure.

Identify all existing and proposed wireless telecommunication services facilities which impact the service area covering the City of Beacon, including but not limited to topographic maps of the City with service coverage and service gap grids and all proposed, as well as other functionally acceptable, locations for such facility(ies).

A visual impact assessment of the proposed wireless telecommunication services facility based upon appropriate modeling, photographic simulation and other pertinent analytical techniques as required by the Planning Board.

Where the owner of the property on which a wireless telecommunication services facility is proposed contemplates that such property may be used for the installation of two or more such facilities, the property owner shall submit a conceptual master plan identifying the total number and location of such facilities.

Where a wireless telecommunication services facility is proposed to be located on lands owned by a party other than the applicant or the City, a copy of the lease agreement with the property owner, absent the financial terms of such agreement, together with any subsequent modifications thereof, shall be provided to the Planning Board, and a copy shall be filed with the City Clerk and the Building Inspector.

For applications concerning small cell facilities, the Planning Board may, in its discretion, waive any of the above application submission requirements that it believes to be unnecessary to determine compliance with this section.

A public hearing may be held by the Planning Board, at its sole discretion, on each application concerning a small cell facility. The Planning Board may waive the public hearing requirement where the Planning Board finds that it is appropriate to do so based on consideration of technological feasibility and visual impacts. Waiving the public hearing requirement on an application concerning a small cell facility shall also waive the public hearing requirement on the corresponding site development plan application. Public notice of any required public hearing shall be provided by the applicant in accordance with § 223-61.3.

Time frames for approval.

A public hearing shall be held by the Planning Board on each application concerning a wireless telecommunication services facility. Public notice of said hearing shall be provided by the applicant in accordance with § 223-61.3.

Time frames for approval.

The height of any antennas, or other associated antenna equipment, structurally mounted as part of a wireless telecommunication services facility shall not be placed more than 10 feet above the highest point of the existing structure on which such antennas or antenna equipment is affixed or 10% taller than the highest point of the adjacent structures if the adjacent structures are taller than the structure to which the antennas and equipment are proposed to be affixed, unless the Planning Board determines that a requested height is required to provide the necessary service and/or capacity (i.e., network densification). Antennas shall be mounted so that the bottom of the antenna is at least 20 feet above the grade at the base of the pole.

The height of any monopole or tower utilized in a wireless telecommunication services facility shall not exceed 150 feet in height measured from the highest point of such facility to the finished grade elevation of the ground immediately adjacent to the structure.

Applicants must submit documentation justifying the total height.

All wireless telecommunication services facilities shall be sited to have the least adverse visual effect on the environment and its character, on existing vegetation and on any adjacent residential uses in the area of the wireless telecommunication services facility.

Landscaping and/or other screening and mitigation, including but not limited to architectural treatment, stealth design, use of neutral or compatible coloring and materials, or alternative construction and transmission technologies, shall be required to minimize the visual impact of such facility from public thoroughfares, important viewsheds designated by the City Council or listed in the City's Comprehensive Plan, and surrounding properties to the extent practicable, as determined by the Planning Board.

No signs shall be erected on any wireless telecommunication services facility except as may be required by the FCC or other governmental agency with jurisdiction over such facilities.

All equipment enclosures and storage buildings associated with the wireless telecommunication services facilities shall be consistent or compatible with adjacent buildings in terms of design, materials and colors and shall be appropriately landscaped. All accessory equipment shall maximize use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings.

No wireless telecommunication services facility shall be located in the Historic District and Landmark Overlay Zone, unless the applicant demonstrates to the satisfaction of the Planning Board that the selected site is necessary to provide wireless services, including but not limited to, filling a gap in coverage, densifying a wireless network, introducing a new service or otherwise improving service capabilities.

The Planning Board may consider alternative locations for equipment.

The Planning Board shall consider all impacts to designated scenic viewsheds or view locations.

No wireless telecommunication services facility shall obstruct pedestrian or vehicular traffic in any way.

Wherever possible, new wireless telecommunication services facilities shall be in the form of antennas attached to an existing building or structure and/or shall be in the form of stealth structures. Towers shall be the structures of last resort.

All applications for a small cell facility shall comply with the Small Cell Wireless Facility Design and Review Guideline Policy, to the maximum extent feasible, and the applicable provisions of this section. However, notwithstanding anything to the contrary, where appropriate, the Planning Board shall have the authority to waive any requirements set forth in the Small Cell Wireless Facility Design and Review Guideline Policy and this subsection relating to an application for, or approval of, a small cell facility. The Wireless Facility Design and Review Guideline Policy shall be created by the Building Inspector, upon consultation with the City Planner, and shall be approved by the Planning Board.

A monopole or tower over 50 feet in height shall be inspected at least every five years from a structural and safety perspective at the expense of the service provider by a licensed professional engineer, or at any other time upon a determination by the Building Inspector that the monopole or tower may have sustained structural damage, and a copy of the inspection report shall be submitted to the Building Inspector.

The City of Beacon reserves the right to inspect any wireless telecommunication services facility to ensure compliance with the provisions of this section and any other provisions found within the Federal Communications Commission (FCC) regulations and City of Beacon Code, state or federal law. The City of Beacon and/or its agents shall have the authority to enter the property upon which a wireless telecommunication services facility is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Notice. Within 90 days following written notice from the City, the wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any wireless telecommunication services facility within the public right-of-way whenever the City has determined that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance, or installation of any City improvement in or upon, or the operations of the City in or upon, the public right-of-way.

Abandonment of facilities. Upon abandonment of a wireless telecommunication services facility within a public right-of-way of the City, the wireless provider shall notify the City within 90 days. Following receipt of such notice the City may direct the wireless provider to remove all or any portion of the small cell facility if the City, or any of its departments, determines that such removal will be in the best interest of the public health, safety and welfare.

A wireless telecommunication provider is authorized, after 30 days' written notice to the City Building Inspector, to remove its facility at any time from the rights-of-way and cease paying the City the administrative fee.

An application for a short-term rental permit shall be filed and a short-term rental permit shall be obtained before the dwelling unit, or a room or group of rooms within a dwelling unit is advertised for short-term rental, and, if the spaces are not advertised, then such permit shall be obtained before said space is leased or rented.

Issuance of a short-term rental permit requires submission of an application to the Building Department and payment of the processing fee set forth in the City fee schedule.[2]

If a tenant seeks a short-term rental permit, the tenant's application shall be signed by the landlord.

The form and content of the permit applications shall be as determined from time to time by the Building Department and shall contain such information and materials as the Building Department deems necessary to determine the sufficiency of the application. Such application shall contain, at a minimum:

All permits issued pursuant to this section shall be for a period of two years and shall be renewable for subsequent two-year terms upon application, conformance with this section and payment of the permit fee.

If the information submitted as part of the permit application changes at any time after submittal of the application, it is the responsibility of the owner to submit such changes to the Building Department in writing within 30 days of the occurrence of such change. Failure to do so shall be deemed a violation of this section.

If a property owner or tenant is renting out the entire dwelling unit, the property owner must engage the services of an agent with the right to enter and maintain possession of the dwelling. This agent must be available 24 hours a day to respond to tenant and neighborhood concerns and be capable of responding within two hours of notification from the City.

No owner shall offer or use any part of the property as a short-term rental not approved for residential use, including but not limited to, vehicles parked on the property, a storage shed, recreation room, trailer, garage, or any temporary structure such as a tent.

A short-term rental property shall not be rented for any other purpose, commercial or otherwise, not expressly permitted under this section, such as concerts or weddings.

Short-term rental of an entire dwelling unit is limited to 100 days in any one calendar year. A rental day shall be deemed to mean any day that the property is occupied for rental overnight. Upon request, the property owner or tenant shall provide:

If a property owner advertises their rental, the short-term rental permit number must be included in the listing.

All guests are subject to the provisions of the Code of the City of Beacon. The property owner or tenant is responsible for informing each guest of these provisions.

The property is offered for lease or rent on a short-term rental website, including but not limited to Airbnb, HomeAway, VRBO and similar websites; or

The property is offered for lease or rent by the use of any other advertising mechanism for a period of less than 30 days.

The grounds upon which a permit can be revoked shall include but shall not be limited to:

Any permit issued pursuant to this section may be revoked or suspended by the Building Inspector, after written notice to the owner. Written notice shall be served by registered or certified mail, return receipt requested, and by regular mail, to the applicant at the address shown on the application. The notice shall describe the reasons why the City is revoking the permit.

Upon the denial, suspension or revocation of a permit, the applicant may, within 15 business days from the date of the written notice, file a request for a hearing before the Zoning Board of Appeals. Such request shall be filed with the Zoning Board of Appeals' Secretary. Notice of the date, place and time of the hearing shall be given in writing by mail to the applicant at the address shown on the application. In the event that demand for a hearing is not made within the prescribed time or in the event that the applicant does not timely appear for the hearing, the Building Inspector's decision shall be final and conclusive.

The hearing shall commence no later than 30 days after the date on which the request was filed.

The applicant shall be given an opportunity to present evidence why such denial of application, or such suspension or revocation of the permit, shall be modified or withdrawn. The Building Inspector or his or her designated agent may also present evidence. Upon consideration of the evidence presented, the Zoning Board of Appeals shall sustain, modify or reverse the decision of the Building Inspector or his or her designated agent.

In the event the applicant is not satisfied with the decision of the Zoning Board of Appeals, such aggrieved party may file an Article 78 proceeding under the New York Civil Practice Law and Rules. The Article 78 proceeding must be filed within 30 days of the filing of the Zoning Board of Appeals' decision with the City Clerk of the City of Beacon and service of the same upon the applicant.