Castelton On Hudson Village
City Zoning Code
City Zoning Code
ARTICLE VII
Supplementary Regulations
§ 210-18 General standards applicable to all uses.
The following standards are applicable to all uses.
§ 210-19 General performance standards.
The following general performance standards shall apply to all uses:
No offensive or objectionable vibration or glare shall be noticeable at or beyond the property line.
No activity shall create a physical hazard by reason of fire, explosion, radiation or other such cause to persons or property in the same or in an adjacent district.
There shall be no discharge of any material of any nature into any stream or body of water or any public or private disposal system, or into the ground which may contaminate any water supply.
There shall be no storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin or endangers health.
The emission of smoke, fly ash, dust or other airborne material which can cause damage to the health of persons, animals, plant life or to other forms of property is prohibited. This provision is not intended to regulate or prohibit the customary use of residential fireplaces, wood-burning stoves, coal-burning stoves or smokehouses.
§ 210-20 Accessory uses, structures and fences.
[Amended 8-17-1987 by L.L. No. 1-1987; 5-16-1994 by L.L. No. 2-1994]
Fences, the highest point of which are not more than four feet six inches above established, finished grade, shall be allowed along or within the side and rear boundary lines of residential properties, from the front building setback to the rear of said premises. Any erection of fences in front yards, forward of the front building setback, shall be allowed only by approval of the Zoning Board, which shall consider traffic safety and existing neighborhood character before deciding on any such application. Any approval by the Zoning Board must be based upon competent proof that said front fence shall be erected along, on or within property lines of the applicant's real property.
Fences or walls shall not be constructed of barbed wire or other such hazardous material.
No accessory use or structure (except fences) shall be located in the front yard.
§ 210-21 Customary household pets.
In all districts, the keeping of dogs, cats or other customary household pets is permitted, provided that the number of such pets does not exceed five over six months old.
§ 210-22 Swimming pools.
All swimming pools, whether operated for profit or as a private accessory use, shall comply with the following requirements:
No pool shall be located in any required front or side yard.
Any pool shall be enclosed on all sides by a fence or a wall of at least four feet in height and not to exceed six feet at its highest point above the established finished grade. An aboveground pool with walls at least four feet in height and having retractable stairs which can be locked in place or otherwise secured does not require a fence or wall.
[Amended 5-16-1994 by L.L. No. 2-1994]
§ 210-23 Parking.
Off-street parking spaces shall be provided subject to the following provisions:
Required off-street parking spaces.
Use | At Least One Space for Each | |
|---|---|---|
Dwellings | Dwelling unit1 | |
Village inns/hotels | Guest room plus 1/3 space for each employee for inns having over 15 rooms | |
Motels | Guest room plus 1/3 space for each employee | |
Churches or other places of public assembly | 3 seats or 50 square feet of seating area where fixed seating is not provided | |
Schools | 12 classroom seats or the public assembly requirements above, whichever is greater | |
Home occupations | First 75 square feet of such use, plus 1 for each additional 75 square feet or fraction thereof | |
Commercial outside MU District | 235 square feet of gross floor space | |
Offices outside MU District | 150 square feet of usable office space | |
Eating and drinking places outside MU District | 50 square feet available to patrons | |
Funeral homes | 20 square feet of public room area | |
Industrial uses | 1.5 employees at the largest shift | |
Boat clubs or marinas | 1.5 for each 40 linear feet of floating dock plus 1 space for every 1.5 employees |
NOTES: | ||
|---|---|---|
1 | All two-, three-, four- and multiple-family dwellings shall provide 1.5 spaces per dwelling unit. | |
Reasonable and appropriate off-street parking requirements for structures and uses not specifically designated in these regulations shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of the proposed structure or use. With the exception of Village inn/hotel and funeral home, there are no parking requirements for any use in the Mixed-Use District.
Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking other than a street or driveway. A driveway within a required front yard for a one- or two-family residence may count as one parking space.
Each parking space in a parking lot shall be a minimum of 10 feet wide by 20 feet deep and shall be served by an aisle not less than 20 feet wide for a one-way circulation flow or 24 feet wide for a two-way circulation flow. Entrance and exit lanes shall not be computed as parking space, except for driveways of one- and two-family residences, as in Subsection C above.
Except in the Waterfront District, and in the case of a one- or two-family residence using the driveway to provide one parking space, no parking shall be allowed in the required front yard of any use in any district.
Unobstructed access to and from a street shall be provided. Access drives shall be of sufficient width to permit the free flow of cars both entering and leaving the parking area. Access drives for any off-street parking area with a capacity of more than four spaces shall be located in a manner which ensures traffic safety and shall be subject to review by the Planning Board. Access drives shall not have a grade in excess of 6% within 25 feet of any street line nor 10% of any other point.
All parking areas shall be properly drained and all such areas, except for parking spaces accessory to a one- or two-family dwelling shall be provided with a dustless surface. Individual spaces shall be designated by striping. No service of any kind shall be permitted to be extended to users of the lot, including automobile service, repair or fueling, and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot or in any garage on such lot.
All parking areas for more than four cars shall be provided with year-round screening. Generally, such screening shall be six feet in height, and if composed of plants, shall not be less than three feet in height, capable of reaching six feet in height at maturity. Parking areas for more than 20 cars shall be provided with landscaped areas amounting to an aggregate minimum of 10% of the total paved area of the parking lot. These landscaped areas are required in addition to the year-round screening at the periphery of the parking area, shall be provided wholly within the paved parking area and shall be adequately distributed and maintained.
Landscape plantings and screening shall be properly maintained and promptly replaced if dead or damaged.
One camping trailer, motor home or boat trailer may be stored on a lot, provided the trailer or motor home is not stored between the street line and the principal building. A second such vehicle may be stored on the same lot, provided that it is stored in the rear yard.[1]
§ 210-23.1 Outdoor storage of vehicles.
[Added 9-24-2001 by L.L. No. 1-2001]
Legislative intent. The outdoor storage of abandoned, junked, discarded and unlicensed motor vehicles on privately owned property within the Village of Castleton-on-Hudson is detrimental to the health, safety and general welfare of the community. The same also constitutes an attractive nuisance to children and, in many ways, imperils their safety. Such storage is unsightly and depreciates property values. The outdoor storage of abandoned, junked, discarded and unlicensed motor vehicles on privately owned properties within the Village of Castleton-on-Hudson is therefore regulated for the preservation of the health, safety and general welfare of the community.
Definitions. As used in this section, the following terms shall have the meanings indicated:
The intent of the owner of a motor vehicle not in use shall establish it as "abandoned." The intent of the owner shall be determined by the physical condition of the motor vehicle, his statements as to its abandonment, the length of time since the motor vehicle has last been used on the public highway, whether the motor vehicle is currently licensed and other relevant facts and, with respect to a vehicle not required to be licensed or a motor vehicle not usually used on the public highways, the length of time since it was last used for the purpose intended, any statements as to its abandonment by the owner and other relevant facts.
Working days, when referenced with regard to days of notice prior to the next action being taken.
Any motor vehicle which the owner thereof, as established by the surrounding circumstances, does not intend to recover the possession of or any motor vehicle the owner of which cannot be found after reasonable inquiry.
Any motor vehicle in such condition as to cost more to repair and place in operating condition than its reasonable market value at the time before such repairs.
Every vehicle operated, driven or capable of being operated or driven upon a public highway by any power other than muscular power. For the purposes of this section, "motor vehicle" shall include tractors used exclusively for agricultural purposes, self-propelled harvesting machines and self-propelled caterpillar or crawl-type equipment. For the purpose of this section, the term "motor vehicle" shall also include motorcycles, buses and trailers, and equipment on wheels, including but not limited to generators and compressors.
The person having the ownership of or title to a motor vehicle, including a person entitled to the use and possession of a motor vehicle subject to a security interest in another person and also including any lessee or bailee of a motor vehicle having the use thereof under lease or otherwise.
Includes the legal owner, contract purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of premises or property located within the Village of Castleton-on-Hudson.
Includes all parcels of real property situated in the Village of Castleton-on-Hudson, whether occupied or vacant, irrespective of size or topography.
Fencing or natural planting or covering, the use of which blocks the view of the car from the street or contiguous property owners.
Any motor vehicle which has not been licensed with the proper authorities for a period of at least 180 days from the expiration of the last licensing period.
Exclusions.
This section shall not be construed to prohibit the renovating and restoration of a motor vehicle which is or could be classified as historic by or under the provisions of the Vehicle and Traffic Law of the State of New York or any regulations promulgated by the Commissioner of Motor Vehicles of the State of New York; provided, however, that such vehicle shall be subject to the following regulations:
Such vehicle shall be surrounded with suitable screening or fencing so as to prohibit the same from being visible from the street or contiguous property owners.
Such vehicle shall not be located in a front yard.
No more than one such vehicle shall be stored on any separate property in any zone within the Village of Castleton-on-Hudson.
To be eligible for this exclusion, the property owner must apply for a permit from the Village Code Enforcement Officer or his duly authorized representative to store such vehicle, using an application form approved by the Village Board. Such permit shall be granted for a one-year period. Such permit may be renewed for additional one-year periods upon submitting the same application.
One motor vehicle owned by a person in active military service of the United States shall be exempt from the provisions of this section if said motor vehicle is otherwise in operating condition and eligible for registration. This exemption is valid for a period of one year and may be extended by one year upon determination by the Code Enforcement Officer or his duly authorized representative that continuation would be warranted due to continued military duty.
Outdoor storage of junked, abandoned, discarded or unlicensed vehicles prohibited.
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Village of Castleton-on-Hudson, to store or deposit, or cause or permit to be stored or deposited, an abandoned, junked or discarded motor vehicle, or part or piece thereof; on any private property within the Village of Castleton-on-Hudson unless:
It shall also be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of any private property within the Village of Castleton-on-Hudson, to store or deposit, or cause or permit to be stored or deposited thereon, an unlicensed motor vehicle unless:
Such motor vehicle is the inventory or part of the inventory of a new or used motor vehicle dealer located in compliance with the ordinances and local laws of the Village of Castleton-on-Hudson.
Such motor vehicle has been converted to and is actually used as a permanent building or structure for carrying on purposes in such manner and circumstances as authorized by the local laws or ordinances of the Village of Castleton-on-Hudson.
Such motor vehicle is a camper, house or boat trailer otherwise stored and used in compliance with the local laws and ordinances of the Village of Castleton-on-Hudson.
Notice of violation; failure to comply.
The Code Enforcement Officer or his duly authorized representative shall serve written notice, either personally or by registered, certified or ordinary mail, upon the owner, occupant or person having charge of any such private property to comply with the requirements of this section. The Code Enforcement Officer or his duly authorized representative shall determine ownership of any parcel of land in the Village of Castleton-on-Hudson from the current assessment rolls of the Village. The Code Enforcement Officer or his duly authorized representative will, as a courtesy, send a first notice to the owner listed on the current assessment rolls in substantially the following form:
"Pursuant to Local Law No. 1 of 2001, you are in violation of Section 4, which states: "It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Village of Castleton-on-Hudson, to store or deposit, or cause or permit to be stored or deposited, an abandoned, junked or discarded motor vehicle, or part or piece thereof; on any private property within the Village of Castleton-on-Hudson." | |
Formal notices will be sent two weeks from this date if said vehicle(s) is still present. Any and all steps will be taken pursuant to the provisions of Local Law No. 1 of 2001 to ensure compliance with this law. |
If such courtesy notification is ignored and/or compliance is refused, a notice of violation will be served upon the owner, occupant or person having charge of any such property, either personally or by certified mail. Such notice will be in substantially the following form:
The Village of Castleton-on-Hudson assessment rolls indicate that you are the owner, occupant or person having charge of land within the Village of Castleton-on-Hudson briefly described as follows: (Describe address here) | |
Notice is hereby given that an abandoned, junked, discarded or unlicensed motor vehicle(s) or parts thereof have been deposited or are being stored on the above described property in the Village of Castleton-on-Hudson in violation of Local Law No. 1 of 2001. This vehicle(s) or parts thereof must be removed therefrom within 10 days from the date of this notice. In case you fail or refuse to comply with this notice on or before the expiration of said 10 days from the date of this notice, an appearance ticket will be issued to you by personal service or registered mail to come before a Hearing Board of the Village of Castleton-on-Hudson, at _____ o'clock _____ m., on the _____ day of _____ 20_____, at which time a hearing will be held to determine why the Village of Castleton-on-Hudson, acting through its duly authorized agents, servants, officers and employees, should not enter upon the said property and remove and cause the said motor vehicle(s) to be destroyed. |
If the Code Enforcement Officer or his duly authorized representative is unable to determine ownership or address of the owner of said private property, such notification may be made by publishing same in the official newspaper of the Village for two consecutive weeks. The notice shall be in substantially the following form:
To the owner, occupant or person having charge of land within the Village of Castleton-on-Hudson briefly described as follows: (Describe address here) | ||
NOTICE IS HEREBY GIVEN that an abandoned, junked, discarded or unlicensed motor vehicle(s) or parts thereof is stored or deposited on the above-described property in the Village of Castleton-on-Hudson. This vehicle(s) or parts thereof must be removed therefrom within 24 days from the first publication date of this notice. | ||
If such motor vehicle(s) or parts thereof is not removed on or before the expiration of said 24 days from the first date of this notice served on you by publication, you will be summoned to appear before a Hearing Board of the Village of Castleton-on-Hudson, New York, at _____ o'clock _____ m., on the _____ day of _____ 20_____, at which time a hearing will be held to determine why the Village of Castleton-on-Hudson, acting through its duly authorized agents, servants, officers and employees, should not enter upon the said property and remove and cause the said motor vehicle(s) to be destroyed. In the event the Hearing Board of the Village of Castleton-on-Hudson directs that said motor vehicle be removed and destroyed, the expense incurred by the Village of Castleton-on-Hudson shall be assessed against said property and shall constitute a lien thereon and be collected in the manner provided by law. | ||
Dated: | Code Enforcement Officer Village of Castleton-on-Hudson, New York | |
Hearing after failure to remove. In the event an abandoned, junked, discarded or unlicensed motor vehicle is not removed as prescribed above, a Hearing Board, to consist of the Mayor and two trustees of the Village Board, the Mayor to act as Chairperson thereof, shall hold a public hearing on the date and at the time specified in the notice, at which hearing the persons interested may be heard concerning the removal of said motor vehicle. After said persons are heard, the hearing shall be closed and the Hearing Board shall determine whether said motor vehicle has been abandoned, junked or discarded in violation of this section. It shall also determine whether or not said motor vehicle is unlicensed. In the event of such a determination, the Hearing Board may issue an order directing the removal and destruction of said motor vehicle, and the Hearing Board may also cause the expense thereof to be assessed against the property described in the notice, all in the manner provided by law.
Record of hearing. The hearing officer shall keep a written summary of testimony and a copy of every notice or order, records of appearances, findings of fact and final determination, and such record shall be maintained as a public record. Minutes of every hearing shall be made and filed in the offices of the Mayor. Such minutes shall be made available to any person requesting the same upon payment of a reasonable charge for copying pursuant to law. A copy is to be furnished to the person summoned to the hearing, upon request, free of charge.
Penalties for offenses.
Any person committing an offense against any provision of this section shall be guilty of a violation punishable as follows: by fine not exceeding $50 for the first offense; a fine not exceeding $150 for the second offense; a fine not exceeding $250 for the third and subsequent offenses.
The continuation of an offense against the provisions of this section shall constitute, for each day the offense is continued, a separate and distinct offense hereunder from the date determined for removal as a result of the hearing.
§ 210-24 Off-street loading.
Off-street loading berths, open or enclosed, are permitted as accessory to any use (except one- or two-family dwellings), subject to the following provisions:
Loading requirements. Accessory off-street loading berths shall be provided for any use specified herein. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these loading requirements. Reasonable and appropriate off-street loading requirements for structures and uses which do not fall within the categories listed herein shall be determined by the Planning Board upon consideration of all factors entering into the loading needs of each such use.
For a public library, museum or similar quasi-public institution or governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution for children or the aged or school:
For buildings with professional, governmental or business offices, or laboratory establishments:
If floor area is less than 8,000 square feet: none.
If floor area amounts to between 8,000 and 25,000 square feet: one berth.
For each additional 25,000 square feet or fraction thereof up to 100,000 square feet: one additional berth.
For each additional 50,000 square feet or major fraction thereof: one additional berth.
For retail sales and service establishments:
For motels, hotel or similar establishments: one berth for each 25,000 square feet of floor area or major fraction thereof.
For manufacturing, wholesale and storage uses, and for dry-cleaning and rug-cleaning establishments and laundries: one berth for each 10,000 square feet of floor area or less, and one additional berth for each additional 20,000 square feet of floor area, or major fraction thereof, so used.
For multiple dwellings in structures with a height of over 2 1/2 stories: one berth for each structure or each 150 dwelling units or major fraction thereof, whichever results in the lesser number.
Size of spaces. Each required loading berth shall be at least 12 feet wide, 33 feet long and 14 feet high.
Location and access. Unobstructed access at least 10 feet wide to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection D. Entrances or exits for any loading area shall be located to assure safe access and shall be subject to Planning Board review. No off-street loading berth shall be located in any front yard.
Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the aggregate of all such requirements.
§ 210-25 Signs.
The purpose of this section is to promote and protect the public health, safety and welfare by regulating the erection, construction, repair, structural alteration and maintenance of existing and proposed outdoor advertising, outdoor advertising signs, window signs for outdoor viewing and outdoor signs of all types within the Village of Castleton-on-Hudson. It is intended to protect property values, create a more attractive economic and business climate and enhance and protect the physical appearance of the community. It is further intended to reduce distractions and obstructions which may contribute to traffic accidents, reduce hazards caused by signs overhanging or projecting over the public right-of-way, provide more open space and curb the deterioration of natural beauty and community environment. The intent of this section is to achieve these goals by authorizing signs which are compatible with their surroundings; appropriate to the type of activity to which they pertain; expressive of the identity of individual proprietors or of the community as a whole; and legible in the circumstances in which they are seen.
General.
No sign, advertising display or structure, poster or device shall be erected, moved, enlarged or reconstructed, except as expressly permitted in this chapter and upon issuance of a sign permit by the Building Inspector, except as provided in Subsection B(1) below.
Where an attached sign has a color similar to the structure, the area of an attached sign shall be determined by the smallest rectangle that encompasses all the letters or symbols that make up the sign. The area of all signs, including attached signs which have a background of a different material and/or color from the general finish of the building, shall be determined by measuring the outer edge of the sign face which encloses all those elements of the sign which form an integral part of the display.
Signs shall at all times be maintained in good repair.
No sign shall create a traffic or pedestrian hazard by reason of its shape, method and direction of illumination or location.
Signs shall not attempt or appear to regulate, warn or resemble official traffic signs, signals or devices.
With the exception of time and temperature information signs, signs shall not move or flash or include any device on which the artificial light is not maintained stationary and constant in intensity and color at all times.
The outlining by direct illumination of all or part of a building, such as a gable, roof, wall, side or corner is prohibited, except during the Christmas season. This provision shall not be construed to prohibit the decorative lighting of religious and public buildings.
No sign except for window graphics described in this section, shall cover any window, nor shall any sign block a door or fire exit.
No wall-mounted sign shall extend above the roofline of any building.
Billboards are prohibited in all districts.
The provisions of this section shall not apply to safety signs, public road signs, historical markers or highway directional signs erected by municipal or public agencies. However, no sign shall create a public hazard.
Temporary signs.
Temporary signs, such as campaign posters, banners, promotional devices and other signs of a similar nature, including church, school, municipal or other nonprofit functions, may be displayed in all districts 30 days in advance of the advertised activity, and must be removed promptly upon fulfillment of their function. No permit is required for these signs.
Within the Mixed-Use District, temporary window graphics such as those advertising sales, special promotions and the like may occupy 25% of the total window area and are not counted toward the total sign area allowed.
No temporary sign shall exceed 32 square feet nor be located in any manner which creates a public hazard or disturbance.
Temporary, nonilluminated "for sale" real estate signs shall be located on the premises which they advertise. In all districts, except the I Industrial District, a real estate sign shall not exceed four square feet. Two signs are permitted, and no sign shall be closer than 15 feet to any property line. In the I Industrial District, one real estate sign is permitted and shall be no larger than 32 square feet. No sign shall be closer than 15 feet to any property line.
Artisan's signs such as those of painters, roofers, restoration/rehabilitation contractors may be erected and maintained on a premises during the period of time such persons are performing the work on the premises, provided that:
Home occupations. One nonilluminated sign located on the premises one square foot in area may be erected to identify the home occupation. The sign may show the name and occupation of the resident and any appropriate graphic or logo, and may be located in the front yard, provided that its location does not pose a traffic hazard. No sign shall be located in a required side yard.
Bulletin board or announcement signs for educational and religious institutions regardless of district designation. One bulletin board or other announcement sign for educational or religious institutions not exceeding 12 square feet is permitted. The sign shall be located either on, or adjacent to the wall of the building, or in the required front yard, provided that the sign is no closer than 15 feet to any property line.
Signs in the Mixed-Use District.
Signs may be attached to the face of the building, hung perpendicular to the face of the building or painted on the windows of the business in accordance with the following guidelines:
If attached to the face of the building, signs shall not exceed two feet in height nor 60% of the length of the wall upon which it is attached. Such signs shall be attached parallel to the face of the building, and must be displayed entirely between the floor line and the ceiling line of the floor containing the business. No part of the sign, including any illumination, shall project beyond the building in any direction, nor more than 12 inches from the face of the building.
If a sign is attached perpendicular to the face of the building, its dimensions shall not exceed three feet in width by three feet in length. Perpendicular signs shall not be directly illuminated. Perpendicular signs shall have a clearance of 8 1/2 feet and may project out from the building for four feet or 1/3 the sidewalk width, whichever is less. In instances where the sign can be hung in such a manner that it is protected by a pedestrian barrier such as a railing, wall, planter or similar barrier (not erected on the public right-of-way) and will not pose a hazard to pedestrians, it may be hung with less than a clearance of 8 1/2 feet.
Permanent graphics painted on a window may occupy 50% of the total window area of a premises if not painted on background color. If painted on a background color, such sign shall occupy no more than 20% of the total window area. If more than one business or professional office is located on a premises, each may have a window sign which occupies 20% or 50% of the window area, depending upon use of background color of that part of the premises which it occupies.
The total sign area allowed per business shall be determined by the formulas for the type of sign selected (perpendicular, parallel, window) for that business. If a first floor premises chooses a parallel sign or window graphics, a perpendicular sign may also be displayed, provided that:
The maximum nine-square-foot area permitted for the perpendicular sign is subtracted from the sign area allowed for a parallel sign or window graphics; and
A retractable awning will not be used.
In buildings where upper floors are occupied for business or professional offices, such business or professional offices may display window graphics as allowed under these regulations.
In addition, individual name plates, not to exceed five inches by 12 inches, may be attached in a coordinated manner located on the first floor to identify business located on the upper floors.
Wording or symbols to identify a business may be included on a retractable awning or on a banner or flag and shall not be included in the calculation of the total sign area allowed to that business. Banners or flags shall comply with the standards set forth for perpendicular signs. Banners and flags shall also be located in such a manner that they do not pose public safety hazards by interfering with public utility lines or utility connections to buildings, fire escapes, etc.
Signs in the Industrial District.
The total number of signs permitted for industrial uses in the Industrial Zone is two. One sign may be freestanding, provided that it is no closer than 20 feet to any property line.
The total cumulative area of all signs permitted on a lot, excluding on-site directional or public safety signs, shall be calculated at the rate of one square foot of sign area per linear foot of building front, plus 1/4 square foot per linear foot of minimum required setback of the principal building on the property.
A minimum total sign area of 32 square feet shall be permitted, regardless of building frontage.
A freestanding sign shall not exceed 12 feet in height above the grade of the center line of the road upon which the property has frontage. The height shall be measured vertically from the established center line road grade in a direct line from the proposed location of the freestanding sign to the highest point of the sign, including supporting structures. In no event shall the location or design of a freestanding sign interfere with traffic or pedestrian safety.
Masonry-type wall signs shall not exceed four feet in height and shall not be placed so as to interfere with a driver's vision of other traffic.
For a specifically allowed commercial use within the Industrial District, one freestanding sign is permitted, in addition to any directional signs the Planning Board may require, subject to site plan review. In no case shall the freestanding sign exceed 24 square feet. All signs shall comply with the applicable parts of this section.
Signs in the Waterfront District and the Cemetery District. The location, design, size and material of all signs to be located in the Waterfront District and the Cemetery District shall be reviewed and approved by the Planning Board, under the applicable sections of Article VIII, Site Plan Review.
§ 210-26 Landscaping.
Where any landscaping is required, the nature of the landscaping shall be referred to the Planning Board by the Building Inspector, and shall be subject to approval by the Planning Board. All required landscaping shall be maintained throughout the effective period of the use on the lot.
§ 210-27 General standards applicable to uses in Residential District.
The following general standards are applicable to all uses in the Residence District.
§ 210-28 Accessory uses and structures.
No accessory use or structure except fences shall be located in the required front yard.
An accessory structure may be located in any required side or rear yard, provided that:
An accessory structure on that portion of a lot not included in any required yard shall conform with the height regulations for the principal structure(s).
No accessory structure or use shall project nearer to the street on which the principal structure fronts than does the principal structure except:
§ 210-29 Corner lots.
On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be the rear yard and the other or others, side yards.
§ 210-30 Through lots.
On a through lot, front yards are required on all street lines.
§ 210-31 Exceptions to lot depth requirements.
The required lot depth at any point may be decreased by 25% if the average lot depth conforms with the minimum requirement, set forth in Article V, Area and Bulk Regulations.
§ 210-32 Exceptions to yard requirements.
Permitted obstructions. Cornices or cantilevered roofs may project not more than three feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Paved areas (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of any lot line.
Entries and porticoes. A roofed-over but completely unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from front yard requirements when the building otherwise complies with all other yard restrictions of this chapter.
Existing setback. No proposed one- or two-family dwelling need have a setback greater than the average setback of the existing dwellings located within 200 feet of each side of either end of the front wall of the proposed dwelling.
Front yards on narrow streets. On streets with less than a fifty-foot right-of-way, the front yard setback shall be measured from the center line of the existing right-of-way, and 25 feet shall be added to the front yard setback. In determining the front yard setback of a proposed one- or two-family dwelling on a narrow street, Subsection C of this section shall take precedence.
§ 210-33 Courts.
For all multiple-family structures over 2 1/2 stories, the minimum dimension of an inner court shall not be less than twice the height of all surrounding walls. The height of walls surrounding an inner court shall be measured from finished grade at the base thereof, to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof. The depth of an outer court shall not exceed its width.
§ 210-34 Structures containing multiple dwelling units.
Any structure containing three or more dwelling units, whether created through alteration of an existing dwelling unit or through new construction, shall comply with the requirements of Article IV, Area and Bulk Regulations.
Adequate and safe off-street parking shall be provided in accordance with § 210-23 of this article for all such structures.
For new construction, if a group of structures is proposed, the minimum distance between the principal buildings shall:
Row or attached housing consisting of a series of attached single-family dwellings is subject to Article V, Area and Bulk Regulations, and to the following special requirements:
All structures containing five or more units, whether created through alterations to an existing building or through new construction, shall be subject to site plan review under Article VIII. Row houses shall be subject to site plan review regardless of the number of units.
All housing complexes which contain 15 or more units in the R Residence District, whether created through alterations to an existing building or through new construction, and having an elevation of two or more stories, shall be required to have an elevator for use of residents. The standards of suitability of such elevators shall be subject to site plan review under Article VIII of this chapter, and also shall be installed and maintained in accordance with all applicable governmental laws, rules and regulations.
[Added 3-21-1990 by L.L. No. 1-1990]
§ 210-35 Uses subject to additional standards.
The following uses are subject to additional standards.
§ 210-36 Home occupations.
This chapter shall not prevent individuals from conducting a business, trade or profession in their residences, provided that they meet the standards set forth in these regulations.
The activity shall be incidental to and shall not alter the primary use of premises as a residence. In no way shall the appearance of the premises be altered nor shall the activity in the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of light, noise, sounds, odors or vibration.
The home occupation shall be conducted in the principal building by the residents. Two assistants, not residing on the premises, may be employed in the home occupation.
The home occupation shall be conducted in an area not exceeding 30% of the area of one floor of the dwelling unit in which it is located.
No display of goods shall be permitted in the front yard.
The retail sale of goods or articles not produced on the premises is permitted only if they are incidental to the service provided by the home occupation.
Only customary household appliances and equipment may be used in the home occupation, except that professionals such as physicians and dentists or artists may use such other equipment as is customary to their profession or medium.
There shall be no outdoor storage of equipment or materials used in the home occupation.
In the R Residence District, no traffic shall be generated in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the home occupation shall be met on-site and not in the required front yard. In addition, any on-site parking area shall be provided with a year-round screen.
§ 210-37 Village hotels.
If a premises used as a Village hotel contains more than 15 sleeping rooms for transient overnight guests, off-street parking in accordance with § 210-23 of this article must be provided on-site or at some other accessible location available under ownership or a long-term lease.
§ 210-38 Restaurants.
A restaurant in the Mixed-Use or Waterfront District shall comply with the following standards:
The principal use shall be an on-premises sit-down type dining facility. A drive-in facility is specifically excluded.
Any bar facility shall be an accessory use to the principal dining use.
Any entertainment shall be only accessory to the principal dining use.
Outdoor storage areas shall be completely screened.
Any outdoor lighting shall be designed in such a manner as not to affect adjacent property.
§ 210-39 Motels.
The minimum lot size for a motel shall be 10,000 square feet with an additional 2,500 square feet for each unit over four units.
All buildings in the aggregate shall not result in a lot coverage greater than 60%.
The minimum frontage shall be 150 feet on a principal road. There shall be no primary site access from a residential street.
Minimum yard dimensions shall be as follows: front yard 50 feet; side yard 25 feet; rear yard 50 feet.
On-site parking shall be provided in accordance with § 210-23 of this article, and no parking area shall be located in any required yard.
All parking areas and enclosed storage areas shall be landscaped and a year-round screen provided at the side and rear property lines.
Any outdoor storage and trash dumpster shall be fully enclosed and screened.
There shall be no vending machines located outside of the structure.
§ 210-40 Nursing homes; rest homes.
The lot shall be a minimum of one acre, and shall have a minimum frontage of 150 feet along the principal bounding street. Primary access shall not be a minor street serving abutting properties.
All buildings and structures shall be not less than 50 feet from any property line and shall not encroach upon any yard requirements.
Total building area shall not exceed 30% lot coverage.
Adequate landscaping and year-round buffering shall be provided for parking areas, outdoor storage areas and areas where there are large, unbroken expanses of building facade.
§ 210-41 Religious and educational uses.
Places of worship, including parish houses and religious school buildings, and public, sectarian and private schools conducted for children, including customarily accessory uses and structures are subject to the following requirements:
A place of worship and associated religious buildings shall be located on a lot not less than one acre. A lot on which a public, sectarian or private school is located shall not be less than two acres.
Except as specifically provided in this chapter, no building shall exceed a height of 35 feet, nor shall the number of stories at any point along the periphery of the building exceed three stories; chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this section, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part.
No building or part thereof shall be erected nearer than 30 feet to any street or lot line.
The sum of all areas covered by all principal and accessory buildings shall not exceed 50% of the developable area of the lot.
Any private school permitted under this section shall be a nonprofit organization within the meaning of the United States Internal Revenue Code and shall be registered effectively as such thereunder. Further, they shall operate under applicable provisions of the New York State Education Law.
§ 210-42 Temporary mobile homes.
A temporary mobile home may be located on a lot while construction of a permanent dwelling is undertaken subject to the following provisions:
The temporary mobile home must be occupied by the lot owner who is constructing the permanent dwelling.
The owner must obtain a permit from the Building Inspector prior to locating a temporary mobile home on any lot. The permit cannot be issued unless a building permit for a structure on the lot has been granted by the Building Inspector and the applicant has received the approval of the Planning Board for the location of the mobile home on the lot.
The permit remains in effect for six months and may be renewed for one additional six-month period if the Building Inspector finds that the construction has been diligently pursued and justifiable circumstances require an extension. The mobile home must be removed within two weeks from the date of certificate of occupancy is issued for the permanent dwelling.
At the times of its review, the Planning Board may attach other reasonable conditions to its approval which it feels are required for public health or safety.
§ 210-43 Livestock.
The keeping of poultry and livestock is permitted, subject to the following requirements:
The number of poultry shall not exceed 15 and the number of livestock shall not exceed a total of three head including, but not limited to, cows, horses, ponies, goats and sheep.
All poultry and livestock shall be sheltered a minimum distance of 100 feet from the nearest lot line.
No substantial amount of poultry or livestock excrement shall be deposited within 100 feet of the nearest lot line.
Any poultry or livestock shelter shall be located only in the rear of the property.
§ 210-44 Animal hospitals and kennels.
An animal hospital or a kennel shall operate under the following requirements:
All animals shall be housed a minimum of 100 feet from the nearest lot line. No accessory or related structures such as dog runs shall be located within 100 feet from the nearest property line.
Adequate plantings and buffering shall be provided and maintained to minimize the impact of inherent nuisances such as noise and odor.
All animal excrement shall be adequately disposed of, and in no case shall any excrement be deposited within 100 feet of any lot line.
§ 210-45 Gasoline or automotive service stations; auto body repair facilities.
The following general standards shall apply to all premises defined as automotive service stations and auto body repair facilities:
Vehicle lifts, dismantled automobiles, all parts or supplies, goods, materials, refuse, garbage or debris shall be located within a building fully enclosed on all sides when the business is not in operation.
Gasoline or flammable oils shall be stored fully underground not nearer than 10 feet to any street line or 35 feet to any lot line. Applicable standards and criteria detailed in the New York State Uniform Fire Prevention and Building Code,[1] as amended, which require a greater restriction shall take precedence.
Waste oils incidental to automotive service work in amounts of less than 110 gallons may be stored above ground, provided that:
There shall be two parking spaces for each service bay plus one space for each employee. No parking area shall be nearer than 10 feet to any lot line.
Suitable year-round buffering and landscaping shall be provided in all rear and side yards.
Those premises which include the sale of gasoline shall comply with the following additional standards:
The minimum usable lot area shall be 10,000 square feet. The minimum frontage shall be 75 feet. No building shall be erected closer than 20 feet to any street line or lot line.
No gasoline service station shall be located within 200 feet of any school, church, public library, theater, hospital, park, playground or other public gathering place designed for occupation by more than 50 people. The distance shall be measured in a straight line between the nearest point of each lot, regardless of the district in which the lot is located.
Entrance and exit drives shall have an unrestricted width of not less than 12 feet nor more than 24 feet. Such drives shall be located not nearer than 10 feet to any lot line. Station layout shall avoid the necessity of any vehicle backing into a public right-of-way.
No fuel pump shall be located nearer than 15 feet to any street line.
Those establishments which sell gasoline in combination with a quick-stop retail food outlet shall:
Ensure that adequate parking is available on the site for customers making purchases at the store but not buying gasoline. This parking area shall be located in a manner that does not interfere with the safe entry and exit of vehicles purchasing gasoline.
Provide an enclosed trash dumpster for disposal of stock packings removed by store employees.
Maintain trash receptacles for customer use on the premises.
Locate all vending machines on the side of the building.
§ 210-46 Storage of bulk fuel and flammable materials for industrial uses.
Gasoline, gasohol, kerosene, fuel oil, fuel gas and flammable oils in bulk stored accessory to and used as fuels for industrial uses are permitted, provided that storage is in conformity with the applicable recommendations of the National Board Fire Underwriters and the New York State Uniform Fire Prevention and Building Code, as amended.[1]
§ 210-47 Storage of heating fuel for residential and agricultural uses.
Outdoor storage of heating fuel oil or fuel gas accessory to a residential or agricultural use is permitted, provided that a safe, appropriate method of storage meeting the Fire Code is used.[1] In addition, the outdoor storage of gasoline, gasohol or kerosene for agricultural use and providing energy only for that agricultural use is permitted if the storage method meets the requirements of the New York State Uniform Fire Prevention and Building Code, as amended.
§ 210-48 Radio and television antennas, towers and dish antennas.
Radio and television antennas, except those customarily associated with residential radio and television reception, shall require that a certificate of compliance and a building permit be issued prior to installation. Dish antennas, whether associated with residential reception or not, shall require a certificate of compliance and a building permit. Furthermore, all such antennas and towers shall comply with the following regulations:
All towers and antennas shall have setbacks equal to or greater than the height of the proposed structure.
Distance of any guy anchorage or similar device shall be at least 10 feet from any property line.
Suitable protective anti-climb fencing shall be provided and maintained around the structure and accessory attachments of greater than 10 feet in height.
The applicant shall present documentation of the possession of any required license by any federal, state or local agency.
No structure shall be in excess of a height equal to the distance from the base of the structure to the nearest overhead electrical power line which serves more than one dwelling or place of business, less five feet.
Only one such structure shall exist at any one time on any residentially zoned and used lot or parcel.
Application for the permit must include construction drawings showing proposed method of installation and site plan depicting structures on the property and all adjacent properties.
If any modifications are made to the structure, the Building Inspector shall have the authority to require proof that any addition, change or modification is in conformity with the permit and the Uniform Fire Prevention and Building Code.[1]
The owner of such a structure shall assume complete liability in case of personal or property damage.
§ 210-49 Ventilation equipment.
All heating/ventilation/air-conditioning (HVAC) equipment and restaurant ventilation equipment for ovens, grills and dishwashers shall be located and directed in a manner which produces the least impact upon adjacent properties and the general public. In addition, restaurant ventilation equipment shall be cleaned at regular intervals to reduce odors and fire hazards.
§ 210-50 Rooftop placement of mechanical equipment. [1]
Any mechanical equipment, including HVAC units and restaurants ventilation units, which is located on the roof of a building and is not flush with the roof of the building shall be located in such a way that the equipment is not visible from street level, at a point to be measured from five feet above the grade of the property line of the lot immediately opposite the subject property and having frontage on the same street. Solar collectors and satellite dish installations are regulated under Chapter 169.
§ 210-51 Cemeteries.
All cemeteries, mausoleums and crematoria shall operate under applicable New York State, Rensselaer County and Village statutes and ordinances, and all rules and regulations promulgated pursuant to those statutes and ordinances.
All mausoleums, crematoria and accessory storage facilities shall be located no closer than 100 feet from any residential lot line, and shall be subject to site plan review.
§ 210-52 Prohibited uses.
§ 210-53 Change of use in Mixed-Use District.
Change of use will be controlled in an attempt to promote the traditional role of Downstreet as a focus for residential, commercial, governmental and social activity and to encourage and provide for a vertical mix of uses within structures.
The Building Inspector shall forward all applications for any change in use as same exists at time of amendment to this chapter within the Historic District to the Historic Review Commission.
Current use must be maintained subject to deviation therefrom as approved after the Historic Review Commission is satisfied that no reasonable economic return can accrue to the applicant unless use is changed.
Burden of proof rests with the applicant. The application shall contain such information as is necessary to make a determination of no reasonable return.
The applicant shall also submit a plan for the reuse of the property which shall be subject to site plan review.
The Historic Review Commission shall make a preliminary evaluation of the application within 30 days of submission.
If the burden of proof is met and no reasonable return is established to the satisfaction to the Historic Review Commission and the Planning Board approves the site plan review, the Historic Review Commission shall issue a certificate of approval for the change in use permit application.
If the application for a certificate of approval is denied, the Historic Review Commission shall not issue a permit for change of use or for any other work not specifically reviewed and approved by the Historic Review Commission.