Millbrook Village City Zoning Code
ARTICLE IV
District Regulations
§ 230-10 Compliance required.
Except as hereinafter otherwise provided:
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located.
No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
§ 230-11 Provisions applicable to all districts.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following general supplementary regulations.
Lot for every building. Every building hereafter erected shall be located on a lot as herein defined, and there shall be not more than one principal building on one lot, except as specifically permitted elsewhere in this chapter. If more than one lot is located on a piece of property, each lot must meet the requirements of this chapter.
There shall be no more than one principal use for lots outside the General Business Zone.
Subdivision of a lot. Where a lot is hereafter formed from the part of a lot already occupied by a building, such separation shall be effected in such manner that each lot thus created conforms to all of the requirements of this chapter.
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of this chapter shall be applied.
Lots under water or subject to flooding. Not more than 10% of the minimum area requirement of a lot may be fulfilled by land which is under water, is a designated wetland or is subject to periodic flooding. All minimum front, side and rear yard requirements must be satisfied by measurement on dry land. For purposes of this subsection, land which is in a stream not exceeding 15 feet in width or 150 square feet in area at mean water level shall not be considered as under water.
New buildings on lots less than the minimum area. A permit may be issued for the erection of a building on a lot or parcel for which a valid conveyance has been recorded or contract of sale has been signed, and the conveyance recorded prior to the adoption of this chapter, notwithstanding that the area of such lot or parcel is less than that required for the district in which such parcel or lot lies, provided that said lot size shall conform to the Zoning Law in effect at the time of the recording of the instrument of conveyance.
Required street frontage. No building permit shall be issued for any structure unless the lot upon which that structure is to be built has a frontage not less than required in this chapter on a street or highway, as defined by Village Law, which street or highway shall have been suitability improved or a bond posted therefor to the satisfaction of the Village Board as provided in said law.
Accessory buildings. If any accessory building is attached to a main building, including attachment by means of a breezeway or a roofed passageway, it shall comply, in all respects, to the requirements of this chapter applicable to the main building. No accessory building hereinafter permitted shall be constructed nearer to the front lot line than is permitted for the main building nor nearer to any side or rear lot line than the distance established in the Schedule of Regulations as the minimum size of such respective side or rear yard for the district in which it is to be constructed.[1]
[1]
Editor's Note: The Schedule is included at the end of this chapter.
Campers or tents. It shall be unlawful for any person or persons to use a tent or camper for living quarters within the limits of the Village of Millbrook.
Yard for every building. No part of a yard or other open space provided about any building or on any lot for the purpose of complying with the provisions of this chapter shall be included as any part of the yard or open space for any other building or any other lot.
Obstructions in yards. No buildings or structure or any projection from buildings or structures shall be permitted in a required yard, except as follows:
A paved terrace shall not be considered in the determination of yard size or lot coverage; provided, however, that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, may have an open guard railing not over three feet high and shall not project into any yard to a point closer than five feet to any lot line.
No porches or balconies may project into any required yard area.
Architectural features, such as window sills, door frames, chimneys, eaves or cantilevered roofs, may project up to three feet into any required yard.
The yard requirements of this chapter shall not be deemed to prohibit any accessory retaining wall nor to prohibit any fence or wall, provided that walls or fences in required yard areas shall not exceed six feet in height above the adjoining grade.
Yard requirements on corner lots. On a corner lot, there shall be provided a side yard on a side street equal in depth to the required front yard. A rear yard shall be provided on each corner lot and the property owner shall elect which yard is the rear yard.
Fire escapes. Open fire escapes may extend into any required yard not more than six feet; provided, however, that such fire escapes shall not be closer than four feet any point to any lot line.
Projecting features above roof level. The maximum building height limitations of this chapter shall not apply to church spires and belfries, nor to flagpoles, domes, silos, chimneys, ventilators, skylights, water tanks or television antennas or to similar features and such necessary mechanical appurtenances not used for human occupancy, provided that:
Exterior lighting. All exterior lighting in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties and shall not cause any objectionable glare observable from such streets or properties. Hours of lighting may be limited by the Planning Board in acting on any site development plan. No use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 0.5 footcandle.
Visibility at intersections. On a corner lot, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said street right-of-way lines at points which are 30 feet distant from the point of intersection in the RU, RLD, RI and RMI zones and 10 feet distant from the point of intersection in all other zones, measured along said street right-of-way line. The height of three feet shall be measured above the road surface at the nearest edge of road traveled way. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground.
Industrial or commercial trailers. It shall be unlawful for any person or persons to park or store for more than seven days an industrial or commercial trailer in any district within the limits of the Village, except for the necessary use on construction projects. Such use shall require a special permit, which shall be issued for one year or part thereof and renewed for one additional year only. Such special permits shall be in accordance with this chapter and the applicable sections following this chapter.
Storage of unused motor vehicles. No portion of any lot shall be used for the outdoor storage, keeping or abandonment of more than one unregistered, inoperative or partially dismantled automobile. The demolition or dismantling of any motor vehicle is not permitted in the outdoor area of any lot.
§ 230-12 Schedule of permitted uses.
The following table lists permitted uses for each district category. The notation "P" means permitted, while "SP" means allowed only through granting of a special permit.[1]
[1]
Editor's Note: The Schedule is included at the end of this chapter.
§ 230-13 Bennett Campus District.
[Added 10-11-2005 by L.L. No. 1-2005[1]]
Legislative purpose; findings.
This section changes the zoning designation of the Elm Drive Residential Mixed Use District (RMI) to a Residential District (R), and changes the zoning designation of the South Millbrook Resident Mixed Use District (RMI) to the Bennett Campus District (BCD). Source documents supporting this legislation are the RMI Zoning Advisory Committee's "Findings and Recommendations" of June 16, 2004, the Village of Millbrook's Master Plan 1985-2000 and Randall Arendt's "Rural by Design, Maintaining Small Town Character" at Ch. 20.
The Village of Millbrook hereby finds and determines that:
Planned unit development (HUD) 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, PUD provides flexibility in the regulation of land use development in order to (i) encourage innovation in land use variety and design, in the layout and type of new structures and in their integration with existing structures; (ii) enhance efficiency in the use of land, natural resources, energy, community services and utilities; (iii) encourage open space preservation and protection of natural resources, historic sites and structures; (iv) facilitate the provision of housing and improved residential environments; and (v) enhance the ability of municipalities to promote business and employment opportunities.
When coordinated with the municipal master or comprehensive plan, a PUD can be an effective tool for guiding development in ways that support community goals and priorities.
This section furthers the above objectives by amending the Village of Millbrook Zoning Code by:
Establishing two-acre single-family residential zoning for the BCD District.
Allowing a PUD by special use permit in the form of a conservation density development (CDD) permitting up to four dwelling units per acre among other uses, provided certain conditions are met as described below.
Redesignating the RMI District containing a portion of the Elm Drive school grounds as R Residential.
Eliminating the RMI Residential Mixed Use District in its entirety.
Definitions. As used herein, the following terms shall have the meanings indicated:
Residential and commercial development or other land uses or any combination thereof which may be authorized in a flexible manner so as to achieve the goals of the Village of Millbrook's Master Plan on a parcel of land 20 or more acres in size.
An independent, freestanding zoning district for the area of the former Bennett College campus, 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 and final PUD plan consistent with conservation density development.
A proposal for the BCD 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 unsized, including preliminary plans and profiles, at suitable scale and in such detail as is required by local regulation; architectural features, sidewalks, 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 regulation.
The approval pursuant to a resolution with conditions, if any, by the Planning Board of the layout of a proposed planned unit development as set forth in a preliminary plan, subject to the approval of the plan in final form pursuant to the provisions of this section.
An approved preliminary planned unit development plan prepared at such additional detail and showing information as is required by local regulation, and the modifications, if any, required by the Planning Board at the time of approval of the preliminary PUD plan, if such preliminary plan has been so approved.
The signing of a final plan by a duly authorized officer of the Planning Board pursuant to a resolution 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.
Development within the BCD incorporating certain elements of a traditional neighborhood development (TND). TND elements to be included in the CDD would include narrow streets shaded by rows of trees, walkability, a discernible center comprised of a square or green, a variety of dwelling types such as one-to-three-bedroom single-family and attached dwellings (a maximum of three may be attached), and the CDD would be organized to be self-governing by a homeowners' association (HOA). TNDs generally avoid standalone garages being placed in front of residences and other buildings and minimize parking requirements through such techniques as shared parking and, where possible, on-street parking. The CDD may include a small coffee shop or kiosk no larger than 750 square feet centrally located to promote pedestrian traffic. Such a use may also be contained in a community building that may be used by the HOA.
Authority. In addition to any other powers and authority to plan and regulate by zoning, the Village of Millbrook hereby enacts requirements for the review of PUD plans and the establishment and simultaneous mapping of the BCD pursuant to the provisions of this section. The Village of Millbrook Planning Board is designated by this section to review and act upon preliminary and final PUD plans.
Zoning Map amendment.[2]
The Residential Mixed Use District (RMI) classification of the South Millbrook area is hereby changed to the Bennett Campus District (BCD) classification, and the RMI District is eliminated in its entirety.
The RMI classification of a portion of the Elm Drive Elementary School is hereby changed to R Residential District classification, and the RMI District is eliminated in its entirety.
[2]
Editor's Note: The Zoning Map is included at the end of this chapter.
Elements.
Traditional two-acre zoning permitting the development of single-family dwellings is allowed as-of-right in the BCD Zone.
By special use permit, an applicant may apply to the Planning Board for a CDD allowing a maximum density bonus of four dwelling units per acre for new development where the aggregate acreage exceeds 20 acres. The total density bonus will be calculated by multiplying the gross acreage by four units per acre. Existing buildings may also house a maximum of four units per acre without the twenty-acre aggregate requirement. A CDD would further the following goals as set forth in the Village of Millbrook Master Plan:
"To protect the natural beauty of Millbrook." The viewshed as indicated in Appendix A[3], between Rt. 343 and the footprint of Halcyon Hall, would be preserved. Demolition of Halcyon Hall would require removal of any hazardous material in accordance with all local, state and federal regulations and by professionally accepted engineering standards so as to fully protect the foundation and stonework of this structure. This may include restoring the foundation and stonework to their original form. If, for whatever reason, this foundation and stonework should collapse, whether fully or partially, the developer will fully restore them to their original form to the maximum extent practicable. Documentation of that original form through photographs, drawings and other material will be done and submitted for Village review as the first task. Said foundation and stonework would be incorporated into a terrace garden, to be known as Meadow Terrace, to the specifications of the Village of Millbrook. Public access would be permitted to Meadow Terrace. The Planning Board may require that a limited amount of parking spaces are dedicated for visitors and require lighting that both plays on the stonework and provides a level of security to the area, yet not offensive or intrusive to nearby residents. A gate that could be locked during hours the stonework and garden would be closed may be required. In the event the placement of water or sewer infrastructure in another location is not feasible from an economic or engineering standpoint as determined by the Planning Board, then the viewshed may be considered for such purpose, provided the infrastructure would be screened from the vantage points identified in Appendix A.
[3]
Editor's Note: Appendix A is included at the end of this chapter.
"To maintain the campus appearance of the Bennett Complex." The CDD promotes the clustering of development in the BCD and allows the reuse of existing buildings to assist in preserving the campus character of the Bennett Complex.
"To maintain a small town atmosphere." The CDD allows a density of no more than four units per acre.
"To foster the availability of safe and affordable housing that meets the needs of younger and older residents." The CDD envisions "village-style" homes in a number of styles within walking distance of the Village and allows a limited number of condominium units to proceed which are an unfinished segment of the Bennett Commons project.
"To provide pedestrian access to the Village." While the old rail trail is not in the BCD, the CDD seeks to promote the creation of a walking/bike path between the BCD District and the Village proper to benefit BCD residents, To the extent possible, this section seeks to foster the creation of a public trail connecting the former rail bed with a trail along the existing pond and stream to increase recreational opportunities. Publicly accessible internal walkway/bike path systems would be established in the CDD as well as sidewalks as directed by the Planning Board to foster interconnectivity for pedestrian traffic.
"To protect environmentally sensitive lands." Implementing the CDD would protect the waterfall, stream and pond that flow through the BCD District (behind the Bennett Science Center) with a permanent one-hundred-foot buffer. This area includes an older-growth forest which is the prime location for passive recreational opportunities such as a trail system. Where existing paved areas associated with the former Bennett College are within the recommended one-hundred-foot buffer, the Planning Board may waive strict adherence to this section,
"To ensure that development does not unduly tax residents." The CDD contemplates an applicant providing independent water and sewer infrastructure to be maintained by the homeowners' association. In the event this is not feasible, Village Law §§ 11-1108 and 14-1410 will be applied in establishing special assessments for properties to be serviced by municipal water and sewer in order that Village taxpayers are not burdened by such costs.
"To strengthen the downtown area as a commercial center." The CDD prohibits retail or other commercial uses that might compete with the Village. However, office space and certain uses such as a small coffee shop/kiosk, medical center or a small country inn would be permitted in furtherance of establishing elements of the most desirable elements of a TND.
"To preserve our historical structures as much as possible." The CDD furthers this objective by identifying the stonework and the terrace of Halcyon Hall as a prime location for passive recreational use for neighborhood residents and the public. (See Appendices A and B).
Partial teardowns of existing structures are allowed but any new development is subject to the provisions of this section.
No more than one use per property is permitted, with the exception of the allowable coffee shop/kiosk.
The CDD would require a homeowners' association (HOA), and the Village Board shall retain the right to review and approve the articles of incorporation and charter of said HOA, and to require whatever conditions are deemed necessary to ensure that the interest and purpose of this chapter are carried out. The Village Board shall require the following:
The HOA shall be established as an incorporated, nonprofit organization operating under recorded land agreements through which each new lot owner (and any succeeding owner) is automatically a member and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities.
Title to all common property shall be placed in the HOA, or definite and acceptable insurance shall be given that it automatically will be so placed within a reasonable period of time.
Each lot owner shall have the right to the use and engagement of the common property,
Once established, all responsibility for operation and maintenance of the common land facilities shall lie with the HOA.
Utilities shall be separately metered and separately billed.
Dedication of all common areas shall be recorded directly on the subdivision plat or by references on the plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall:
Save the title to the common property to the HOA free and implied public dedication;
Commit the developer to convey the areas to the HOA at an approved time;
Grant easements of enjoyment over the area to the lot owners;
Give to the HOA the right to suspend membership rights for nonpayment of assessments or infraction of published rules.
Covenants shall be established, limiting all residential lots to one-family use in fee simple ownership and all common lands to open space uses. Changes in fee simple ownership would require unanimous approval by all residential homeowners in the CDD and unanimous approval by the Village of Millbrook Board of Trustees. No structures may be erected on such common lands except as shown on the approval site plan or as later approved by the Planning Board.
Each deed to each lot sold shall include by reference all recorded declarations, such as covenants, dedications and other restrictions, including assessments and the provision for liens for nonpayment of such.
The HOA shall be perpetual; shall purchase insurance; pay taxes; specify in its charter and bylaws an annual homeowner's fee; provide for assessments; and establish that all such charges become a lien on each property in favor of said association. The association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction.
The developer shall assume all responsibilities as previously outlined in the HOA until a majority of the dwelling sites are sold, at which time the HOA shall be automatically established.
Prior to site plan approval, the developer shall file with the Village Board a letter of credit to insure the proper installation of all recreation and park improvements, shown on the site plan, and maintenance of all common lands until the HOA is established. The amount and period of said letter of credit shall be determined by the Planning Board in consultation with the Village Engineer, and the form, sufficiency, manner of execution and surety shall be approved by the Village Board.
Though not part of the CDD, the playground adjacent to Elm Drive, to the extent that it is located in the rezoned district (from RMI to R), is identified as a prime location for recreational use in furtherance of the Master Plan's goal of preserving "the Elm Drive School playground as open space."
Compliance with the State Environmental Quality Review Act (SEQRA). In its review and approval of applications to create a PUD pursuant to this section, the Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article Eight of the Environmental Conservation Law and its implementing regulations. Each PUD development application should include Parts 1, 2 and 3 of the full environmental assessment form (EAF) as provided by SEQRA, 6 NYCRR 617.20, Appendix A.
Methods of procedure.
Upon the receipt of an application and preliminary plan for the CDD, the Planning Board shall require fiscal, water-sewer, traffic and environmental impact analyses to be done for all development proposals exceeding four residential units or, if commercial or institutional development, exceeding 4,000 gross square feet. Pursuant to the Zoning Code at § 230-63, the Village's technical assistance costs will be borne by the applicant. The Planning Board will designate the expert or analyst to conduct such studies within reason.
The Planning Board shall consider the recommendations of the Village Architectural Advisory Commission in reviewing plans for the CDD.
Within 90 days of receiving a CDD application, the Planning Board shall hold one or more public hearings on such proposed preliminary plan, which may continue beyond said 90 days. Notice of the public hearing shall be published in a newspaper of general circulation at least 10 calendar days in advance of the hearing. The preliminary plan should be made available for public review at the office of the Clerk and may be made available at any other public place.
At least 10 days before the public hearing on the application, the Planning Board shall mail notices thereof to the County Department of Planning and Development, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law.
Upon final approval of the CDD, the Planning Board should advise the County Planning Board in writing of its determination within five business days after such action is taken, and place a copy of such letter on file in the office of the Village Clerk.
Final PUD plans may be amended, provided the Planning Board schedules a public hearing and publishes notice of same in the same manner specified in above Subsection G(3).
Multi-year approvals of final planned unit development plans will be permitted to allow the development in phases. The Planning Board will establish a schedule for the completion of buildings, public and private facilities and site improvements. If necessary, the Planning Board may require the posting of a bond.
The preliminary and final PUD will be consistent with the Village Master Plan.
Approval of a final PUD plan may lapse upon failure of the applicant to proceed with the development or otherwise fail to meet conditions of approval within two years of the signing of the final PUD site plan by the Planning Board designee.
This section does not apply to projects within the proposed BCD that have received preliminary subdivision or final site plan approval from the Planning Board prior to the effective date of this section.
[1]
Editor's Note: This local law also repealed former § 230-13, Additional provisions for RMI District.
§ 230-13.1 Thorne Center Overlay District.
[Added 10-13-2020 by L.L. No. 7-2020]
Title. This section of the Village of Millbrook Zoning Law shall be known as the Thorne Center Overlay District, and sets forth the permitted uses therein (the "TCOD").
Intent. The intent of this section is to adopt a zoning amendment, consistent with § 230-2 of the Village of Millbrook Zoning Law and the Comprehensive Plan referred to in said section, and in § 230-3 of said Zoning Law. This amendment will establish certain allowed uses of land and improvements in the TCOD, which will allow the use of land and adaptive re-use of a former educational structure located within the TCOD, and to, in part, allow uses to potentially generate the revenue to support the structure as a community asset.
Purposes.
The improvements in the TCOD have existed since well before the adoption of the Village of Millbrook Zoning Law, and were undoubtedly considered upon the adoption of said law. The "purposes" referred to in § 230-3 of the Village of Millbrook Zoning law are incorporated herein by this reference, and those purposes are also advanced by the adoption of this section.
More specifically, the purpose of this section is to create a framework that integrates the land and buildings in the TCOD into the community and allows these to be used as a community center, for the general benefit of the Village of Millbrook. The proper use of this property will assist the business community in Millbrook, offer arts, sciences and educational opportunities, attract people into Millbrook to enjoy this asset, and enhance the overall quality of life in Millbrook.
Definitions.
The following definitions shall be used in the interpretation and construction of this section. These definitions shall prevail over any contrary definition contained in the Village of Millbrook Zoning Law:
The use of any part of a building or grounds which is used for the care of children and maintains the required licensing and permitting required by county and state law.
An area of a building where individuals may work independently or collaboratively in a single shared office space. In this zoning district, there may never be greater than one such space.
The use of all or any part of the building or grounds for educational or recreational activities which shall include, but not be limited to, gaming room, theater (for movies, recordings, or live theater or music), art studio and displays, educational classes, seminars and displays, concerts, music recording and practice, senior citizen activities, municipal offices, not-for-profit offices and other uses consistent with community gatherings and centers.
A place of business in a building where coffee and other beverages are sold. No food or any other item may be sold, except for light snacks (which shall not include lunch or other meals). There may be more than one concession area in the building.
A part of a building where foods and dishes, prepared off-site, are brought into that part of the building in order to warm and/or finish the foods or dishes for service to guests, or for complete use in demonstrations or classes on-site, to instruct persons in cooking and the culinary arts, or for complete use by individuals who make a product for sale in this kitchen, from start to finish, for sale on or off-site.
A building or part thereof used for weddings or other celebrations, which may include use of the grounds for all or part of the function. All activities which occur out of doors, including clean up, shall fully conclude by 9:00 p.m. EST. In addition, no more than 12 weddings per calendar year which use part of the grounds outside a building for the wedding are permitted.
Only those uses defined above in this article are permitted in the TCOD. All other uses are precluded.
As-of-right uses. The following uses shall not require a special permit: concession area, community center, demonstration and catering kitchen, co-working space and wedding/event venue; provided, however, in the case of a wedding proposing to use part of the grounds outside a building for the function, the person holding the wedding must obtain a permit from the Village Zoning Enforcement Officer, to ensure that no more than 12 weddings per calendar year occur.
Use requiring a special permit. The following uses are permitted upon issuance of a special use permit by the Village Planning Board, to be applied for under the Village of Millbrook Zoning law, § 230-43, and any other provision of said law which relate to special use permits: child care services.
Mixed uses. All or any of the uses described in this section may occur concurrently, or at the same time. It is understood that the improvements in the TCOD are large, and may house all or some of the allowed uses at the same time. No use allowed herein shall be considered the principal use, or an accessory use. This subsection shall prevail over all provisions in the Village of Millbrook Zoning Law, including § 230-11B, which states that there may be only one principal use per lot. That section, and any like it in said law, shall not apply in the TCOD.
Service of alcoholic beverages. Provided a permit required by the New York State Alcohol Beverage and Control Law and the regulations thereunder is duly obtained, service of alcoholic beverages is allowed in any as-of-right or specially permitted use, and all terms of the permit must be observed.
Administration and enforcement. The applicable provisions of the Village of Millbrook Zoning Law shall apply to the administration and enforcement of this section.