Hoosick Falls City Zoning Code
ARTICLE 3
DISTRICT REGULATIONS
§ 301 GENERAL.
1.
Application of District Regulations.
a.
Except as otherwise specified by this local law, after the effective date of the local law no development shall commence except in conformance with the regulations specified for the district in which the land, structure or activity is located.
b.
The present tense includes future tense, the singular number includes the plural, and the plural number includes the singular.
c.
The words "must" and "shall" are mandatory, the word "may" is permissive.
§ 302 CLASSIFICATION OF DISTRICTS.
1.
District Names. In order to fulfill the purpose of this local law, the Village of Hoosick Falls is divided into the following six (6) types of zoning districts:
§ 303 OBJECTIVES.
1.
R - 1: To encourage [single family] residential development compatible with the natural features of the land, such as geology and topography, within the range of available municipal services, such as adequate water supply and sewage collection, and in relation to proximity and access to the Village center and facilities.
2.
R - 2 and R - 3: To preserve and enhance the character and scale of established [single family] residential neighborhoods.
3.
DC: To conserve the character and promote the vitality of the Village center as the focus of the community and vicinity by providing for a compact intermingling of residential, business, service and government uses.
4.
CI: To continue the mixture of small-scale commercial and industrial operations which form a transition and buffer between railroad activity and both residences and downtown.
5.
I: To support the growth and development of a range of large-scale industrial and major commercial activities essential to the economic vigor of the community.
§ 304 DISTRICT BOUNDARIES.
1.
Interpretation of District Boundaries.
a.
District boundaries indicated within the lines of streets, railroads, public utility easements, or waterways shall be construed as coinciding with the centerline of these rights-of-way.
b.
District boundaries indicated as approximately following the Village boundary line, property lines or lot lines shall be construed as coinciding with these lines.
c.
District boundaries indicated approximately parallel to streets, railroads or public utility easements shall be construed as being approximately parallel to these rights-of-way and located at a varying distance which follows the rear lot lines of the property fronting on the right of way, or four hundred (400) feet, whichever is less.
d.
To a reasonable extent, district boundaries shall be construed as not dividing a lot in single ownership. Where a district boundary line divides a lot in single ownership at the time the line is established, the regulations for the less restrictive portion of the lot may extend at the owner's discretion a maximum of thirty (30) feet along street frontage into the more restricted portion of the lot.
§ 305 OFFICIAL ZONING MAP.
TITLE: The map officially entitled "Zoning Map, Village of Hoosick Falls" and including all explanatory matter and amendments as adopted as an integral part of this local law to indicate the location and boundaries of the zoning district.
§ 306 DISTRICT USE SCHEDULE.
2.
Prohibited Uses.
3.
Existing Residential Non-Conforming Uses.
a.
Hence forth two-family dwelling and multi-family dwelling are only allowed in the downtown commercial zone. Owner-occupied two-family dwelling will continue to be permitted where currently allowed pursuant to this Article.
b.
Existing lawfully constituted multi-family dwellings that meet the conditions of this Article shall not be permitted to construct or otherwise add additional dwelling units. This provision shall not apply to two-family and multi-family dwelling located in the downtown commercial zone.
4.
Use Schedule Table.
§ 307 DISTRICT BULK REQUIREMENT.
1.
Application.
a.
Each lot, yard and structure shall be of sufficient size and proper volume to meet area and bulk requirements specified for the district according to the following Area and Bulk Schedule.
b.
Barns, silos and similar structures used for agricultural purposes and located on a farm shall generally be exempt from area and bulk regulations.
c.
Land located under water shall not be counted as providing any minimum lot or yard area required by the area and bulk regulations or supplementary regulations of a related character.
3.
Yards.
a.
Area required for complying with the minimum open space requirements for a principal use or structure shall not be counted as providing required open space for any other use or structure.
b.
If existing buildings are located on adjacent lots on both sides and within the same block and district as a building to be erected, and both buildings are situated less than the required setback from the street line, the setback for the new building may be reduced to a distance equal to that of the setback of the adjacent building which is the more distant from its street line.
c.
Side yards for dwellings located in semi-detached or attached buildings shall be required only at the ends of the total structure.
d.
Except for isolated trees, structures or plantings within twenty (20) feet of intersecting street lines on corner lots shall not obstruct visibility at street intersections.
4.
Structures.
a.
Structural and architectural features projecting into or over any minimum required yard, such as bay windows, carports, porches, terraces and steps, which are integral or attached to principal structures and, shall be a minimum of five (5) feet from any lot line.
b.
Structural and mechanical features, such as chimneys, spires, parapets and mechanical bulkheads, which are usually carried above the roof level, may exceed height restrictions specified for the district provided that these elements shall not, in the aggregate cross-sectional area, exceed twenty percent (20%) of the roof area of the principal structures.
c.
Other structural requirements:
(1)
Foundations: All new residential construction shall be built or placed on full foundations or a suitable frost wall built pursuant to the New York State Fire Prevention and Uniform Building Code with a maximum crawl space of twenty-eight (28) inches.
(2)
Roofs: All new residential construction which is built in the ranch style shall have a minimum pitch ratio of five-twelfths (5/12) and a minimum pitch ratio of three-twelfths (3/12) for all new residential garages.
(3)
Electric Meters: All new residential construction shall be built with the electric meter attached to the dwelling. If the electric meter cannot be placed directly on the dwelling, then its subsequent placement must be on a pedestal. All electric meters, wherever placed, must be approved by the building inspector.
(4)
Propane: All new residential construction equipped with propane gas tanks must locate said gas tanks to the rear of the dwelling. The propane gas tanks must be appropriately screened with bushes or fencing which must be approved by the building inspector.
(5)
Fuel Oil Tanks: All new residential construction equipped with fuel oil tanks must locate those fuel oil tanks within the foundation of the dwelling. Fill pipes and vent pipes for these fuel oil tanks shall be placed with the approval of the building inspector.
(6)
Surface Water Drainage Systems: All surface water drainage systems must be approved by the building inspector prior to placement. Once installed, any surface water drainage system must be approved by the building inspector.
5.
Area And Bulk Schedule Table.
§ 308 SPECIAL DISTRICTS.
§ 309 PLANNED UNIT DEVELOPMENT DISTRICTS.
1.
Legislative Purpose.
a.
The Board of Trustees of the Village of Hoosick Falls hereby finds and determines that:
(1)
When coordinated With the Village's comprehensive plan, planned unit development can be an effective tool for guiding development in ways that support community goals and priorities.
(2)
Planned unit development provides a means by which different land uses within an area covered by a single development plan may be combined to achieve compatibility among such uses. Unattainable with traditional municipal zoning techniques, planned unit development provides flexibility in the regulation of land use development in order to:
(a)
Encourage innovation in land use variety and design in the layout and type of new structures and in their integration with existing structures;
(b)
Enhance efficacy in the use of land, natural resources, energy, community services and utilities;
(c)
Encourage open space preservation and protection of natural resources, historic sites and structures;
(d)
Facilitate the provision of housing and improve residential environments; and
(e)
Enhance the ability of municipalities to promote business and employment opportunities.
2. AUTHORIZED BOARD OR BODY FINAL PLANNED UNIT DEVELOPMENT PLAN FINAL PLANNED UNIT DEVELOPMENT PLAN APPROVAL PLANNED UNIT DEVELOPMENT PLANNED UNIT DEVELOPMENT DISTRICT PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN APPROVAL
Definitions used herein:
The Village Planning Board designated by the Village Board of Trustees to review and act on final planned unit development plans.
An approved preliminary planned unit development plan prepared With such additional detail and showing such additional information as may be required by local regulation, and the modifications, if any, required by the Village Planning Board at the time of approval of the preliminary planned unit development plan, if such preliminary plan has been so approved.
The signing of a final plan by a duly authorized officer of the Village Board of Trustees pursuant to a resolution by the Village Board of Trustees granting final approval to the plan or after conditions, if any, specified in said resolution granting conditional approval of the plan are completed. Such final approval qualifies the plan for filing in the Office of the Village Clerk as provided herein.
A site upon which residential, commercial, industrial or other land uses or any combination thereof may be authorized in a flexible manner so as to achieve the goals of the Village's local zoning laws.
An independent, freestanding zoning district, wherein the zoning regulations need not be uniform for each class or type of land use, but where the use of land shall be in accordance with a preliminary planned unit development plan approved by the Village Board of Trustees.
A proposal for a planned unit development prepared in a manner prescribed by local regulation showing the layout of the proposed project including, but not limited to, maps, plans, or drawings relating to proposed land uses, approximate location and dimensions of buildings, all proposed facilities, including preliminary plans and profiles, at suitable scale and in such detail as is required by local regulation; architectural features, lot sizes, setbacks, height limits, buffers, screening, open space areas, lighting, signage, landscaping, parking and loading, traffic circulation, protection of natural resources, public or private amenities, adjacent land uses and physical features, and such other elements as may be required by local law or regulation.
The approval by the Village Planning board of the layout of a proposed planned unit. It would create a preliminary plan and map of the proposed district encompassing the preliminary plan. This preliminary planned unit development plan is subject to the approval of the plan in final form pursuant to the provisions of this local law.
3.
Authority.
a.
In addition to any other powers and authority to plan and regulate by zoning, the Village of Hoosick Falls hereby enacts requirements for the review of planned unit development plans and the establishment and simultaneous mapping of planned unit development districts pursuant to the provisions of this local law.
b.
The Village Board of Trustees further is authorized to enact such additional rules, procedures, and regulations governing the submission, review, and regulation of the planned unit development plans as it deems necessary.
4.
Elements: The applicant for a planned unit development shall include the following elements in the application and review process:
a.
A description of the goals underlying the creation of a planned unit development district, including the types of land uses, structures and development density permitted, as well as provisions, if any, relating to cluster development, incentives, bonuses, open space, historic structures and areas;
b.
A description of the acreage for each separate use of the proposed planned unit development district;
c.
Provide for multi-year, phased schedule for the completion of site improvements, public and private facilities, and buildings.
5.
Compliance with New York State Environmental Quality Review Act.
a.
In its review and approval of applications to create planned unit development districts pursuant to this local law, the Village Planning Board and the Village Board of Trustees shall comply with the provisions of the New York State Environmental Quality Review Act under Article Eight of the Environmental Conservation law and its implementing regulations as they may from time to time be amended.
6.
Methods of Procedure: The procedures for reviewing and approving planned unit development applications shall be as follows:
a.
Approval of a preliminary and/or final planned unit development plan may be withdrawn upon failure of the applicant to proceed with the development within the time frame set by the Village Planning Board or otherwise fail to meet conditions of approval; and
b.
The Village Board of Trustees shall be the authorized board that shall review and act upon final planned unit development plans.
c.
Upon the receipt of an application and preliminary plan for the establishment of a planned unit development district, the Village Planning Board shall review the application and preliminary plan in consultation with the Village Board of Trustees;
d.
Within ninety (90) days of receiving the application, and prior to acting on a zoning amendment to create a planned unit development district, the Village Planning Board shall hold one (1) public hearing on such proposed preliminary plan and amendment. Notice of the public hearing should be published ten (10) calendar days in advance of the hearing in the official newspaper of the Village. The proposed zoning amendment and preliminary plan should be made available for public review at the Office of the Village Clerk;
e.
At least ten (10) days before the public hearing on the application and proposed amendment to the Zoning law to create a planned unit development district, the Village Planning Board shall mail notices thereof to the applicant and the County Planning Board, as required by Section Two Hundred Thirty of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision One of Section Two Hundred Thirty-Nine of the General Municipal Law.
f.
Within one hundred twenty (120) days of receiving the application and after holding public hearings, the Village Planning board shall act to approve, approve with modifications and/or conditions or deny the preliminary application.
g.
A final planned unit development plan shall be submitted by the applicant to the Village Board of Trustees for review and approval, or approval with modifications and/or conditions. Review of the final planned unit development plan by the Village Board of Trustees may take into consideration the recommendation of the Village Board on the preliminary planned unit development plan. Within one hundred twenty (120) days of receiving the application, the Village Board of Trustees shall act to approve or deny the final application. If the Village Board of Trustees approves a final application, then and it that event, the Village Board of Trustees shall move to amend its zoning laws to establish and map a planned unit development district.
h.
The Village Board of Trustees' determination on the Final planned unit development plan shall be filed in the Office of the Village Clerk within five (5) business days after such decision is rendered, and a copy thereof mailed to the applicant.
7.
Fees and Costs:
a.
The Village Board of Trustees may establish by Resolution a schedule of filing fees to be charged. All fees and costs may be compiled in a comprehensive list to be known as the Village Fee Schedule which may be amended from time to time by Resolution of the Board. Reference is hereby made to the Village Fee Schedule in effect at the time of application.
b.
All Costs of surveys, studies, engineering, architectural and site reports, legal and other professional services associated with any application for a preliminary or final application for a planned unit development shall be paid for by the applicant, including those reports, studies, performance bonds, or professional services required by the Village Planning Board and/or the Village Board of Trustees as part of the application and review process. Failure to promptly pay any of the fees and costs associated with the application process shall result in the rejection of the application.