Millbrook Village City Zoning Code

Noise.

Smoke. The density of smoke and other atmospheric pollutants shall be measured by the Ringelmann Smoke Chart, as published by the United States Bureau of Mines. No person, firm or corporation shall permit the emission of smoke or any other atmospheric pollutant, from any source whatever, for a period or periods aggregating more than four minutes in any one hour which exceeds the density or equivalent opacity of No. 1 on the Ringelmann Chart as measured at the point of emission. The emission of smoke or any other atmospheric pollutant shall not be permitted, regardless of quantity, if it is in any way detrimental to the public health or safety or is a source of damage to property.

Particulate matter. No person, firm or corporation shall permit the emission of any particulate matter, from any source whatever, to exceed one pound per hour per acre of lot area. The emission from all sources within any lot area of particulate matter containing more than 10% of particles having a diameter larger than 44 microns is prohibited.

Odor. No person, firm or corporation, excluding farms and farm operations, shall permit the emission of any offensive odor at the property line of the lot from which the odor is emitted.

Fire and explosion. The storage, use or manufacture of detonable material, flammable solids ranging from active burning to intense burning flammable gases or flammable liquids shall not be permitted.

Electromagnetic interference. No land use or operation shall be allowed which produces any perceptible electromagnetic interference with normal radio or television reception outside the boundaries of the lot on which such use or operation takes place.

Toxic or noxious matter. No land use or operation shall be permitted which permits or causes the escape of any toxic or noxious fumes, gases or other matter outside the building in which the use is conducted.

Flammable liquids and hazardous materials. Storage of such materials shall be according to provisions in § 230-41.

Radiation. No emission or discharge of radioactive gases, liquids or solids shall be permitted.

Glare. No person, firm or corporation shall permit any high-intensity light to cross the boundary line of the lot on which this light source is situated.

Vibration. No activity shall cause or create a steady state or impact vibration discernible at any lot line.

Liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Dutchess County Department of Health, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.

Lights. 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.

Outside storage. Materials, supplies and products shall not be stored in any front or side yard area nor in any required yard. All outside storage areas shall be neatly kept, fenced, lighted and screened from any existing or proposed road or any adjoining residential district.

Fences. The Planning Board may require the fencing or screening, or both, of any hazardous or potentially dangerous conditions which in the opinion of the Board might cause injury to persons or damage to property.

No person, persons, firm, partnership or corporation shall at any hour of the day or night make mechanical repairs of any nature or description whatsoever to any motor vehicle while said motor vehicle is parked or standing on any public street, avenue, road highway or public parking lot within the Village of Millbrook, except in the event of an emergency.

All structures hereafter erected, enlarged, moved, created or changed physically or in use and all land uses changed in intensity or substantially altered shall be provided with the amount of off-street parking and loading space required by the terms of this chapter to meet the needs of persons using or occupying such structures or land.

The plans for any new building where site plan approval is required or any expansion of an existing building shall show specifically the location, size and type of improvements of the off-street parking and loading space required to comply with this chapter and the means of access to such space from the public streets or highways.

In the GB District, a change of use from a retail use to a business use or from a business use to a retail use may be made without the necessity of any additional parking requirements beyond those already in place.

In all cases other than those in Subsection A(3) above, the parking requirements in this chapter shall apply. In cases where the area available for parking is not adequate for compliance, the Planning Board shall require a per space fee for each space less than the total number required in this chapter as interpreted by the Planning Board. The per space fee and a plan for its use in developing future parking will be determined by resolution of the Village Board.

Required off-street parking facilities which, after development, are later dedicated to and accepted by the Village shall be deemed to continue to serve the uses or structures of which they were originally provided.

Storage of commercial vehicles.

Storage of boats, campers and trailers. Outside storage of boats, campers and trailers in residential districts shall be restricted to driveways or rear yards. Boats, campers and trailers in excess of 20 feet in length shall be no less than five feet from property lines and shall be screened from public view. Only one boat, camper or trailer, which must belong to the owner or occupant of the premises on which it is stored, may be parked or stored on any lot.

Each parking space shall be at least nine feet wide and 20 feet long, if unenclosed, and at least 10 feet wide and 20 feet long, if bordered by walls or columns on two or more sides. Where parking spaces are defined by curbs providing spaces for overhang of vehicles, such spaces may be reduced in depth to 18 feet. Back-up and maneuvering aisles between rows of parking spaces shall be at least 25 feet wide, except where the approving authority approves a lesser dimension as adequate to serve parking spaces arranged at less than a ninety-degree angle. The front or rear overhang shall not encroach on any sidewalk or landscaped areas.

The Planning Board may consider, in the site plan approval process and upon the request of the applicant, a reduction in the size of the parking spaces for up to 15% of the total number of parking spaces. In no event shall any parking space be less than eight feet wide and 18 feet long.

Wherever possible, raised planting islands, at least six feet in width, shall be provided to guide vehicle movement and to separate opposing rows of parking spaces so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. Such raised planting island and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles and to provide relief from the visual monotony and shadeless expanse of large parking area. Curbs of such islands should be designed so as to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials and front or rear overhang shall not encroach on any sidewalk or landscaped areas.

In all off-street parking areas containing 25 or more parking spaces, at least 15% of the area within the inside perimeter of the parking surface of the parking area shall be curbed and landscaped with appropriate trees, shrubs and other plant materials as determined necessary by the Planning Board to assure the establishment of a safe, convenient and attractive parking facility.

There shall be no obstruction to driver's vision upon exit onto a public thoroughfare.

No more than 12 parking spaces shall be allowed in a row without a minimum six-foot wide planted island.

In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Planning Board shall require written assurance and/or deed restrictions, binding the owner and his or her heirs and assignees to permit and maintain such internal access and circulation and interuse of parking facilities.

Adequate access to buildings by use of fire lanes shall be provided and maintained in all off-street parking and loading zones.

Off-street motor vehicle parking facilities shall be provided as follows, except as may be modified in other provisions of this section or where additional parking requirements may be made as a condition of the issuance of a special permit, in which case provisions of the appropriate section shall apply:

Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined in each case by the Planning Board, which shall consider all factors entering into the parking needs of each such use, as part of its site plan review process.

Where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual use on the lot, except that the Planning Board may approve the joint use of parking space by two or more establishments on the same or on contiguous lots, the total capacity of which space is less than the sum of the spaces required for each, provided that said Board finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments and provided that such approval of such joint use shall be automatically terminated upon the termination of the operation of any such establishments.

Size. Each off-street loading space shall be at least 15 feet in width, at least 40 feet in length and at least 14 feet in height, exclusive of access and turning areas, except that adjacent loading spaces may be each 12 feet in width, except where delivery service will be by tractor trailer, in which case the minimum length shall be 60 feet and the minimum width shall be 14 feet.

Required number of spaces. The number of spaces shall be determined on a case-by-case basis.

Any loading dock facing a road frontage shall be sufficiently far back from the road to permit the largest permitted tractor trailer to maneuver into said loading dock without encroaching on the required front yard. Any such dock shall be screened so it is not visible from the road.

The Planning Board may waive certain loading requirements, provided that there is a finding that the intent of this chapter can be otherwise maintained

For reasons of traffic and pedestrian safety, both on and off the street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of this chapter and shall be subject to the approval of the Village Board, except where such are part of a use subject to special permit or site development plan approval, in which case, they shall be subject to Planning Board approval.

No driveway center line shall intersect a street line less than 70 feet from the intersection of any two street lines.

Driveway grades.

Trees and shrubs, where included in the landscape design, shall be healthy, adaptable to this climate and of such size and species to accomplish the landscape design intended and approved.

All landscape material located within the sight-distance triangle shall be three feet or less in height or have a clearance of at least eight feet beneath the lowest branch or projection.

No permanent impervious surfacing or subsurfacing shall be located around the base of any tree or shrub which may impede the growth of the tree or shrub.

It shall be of evergreen planting of such type, height, spacing and arrangement as will effectively screen the activity of the lot from the neighboring residential area. Nonevergreen planting may be included to supplement evergreen planting, but not to take its place.

It shall be at least 20 feet in width.

A wall or fence of approved location, height, design and materials may be substituted for part of the required buffer area.

Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements.

The flood hazard areas depicted on the Official Zoning Map shall not be filled or built upon to the extent that such activity would unduly affect the efficiency or capacity of the floodway.

No septic field shall be located closer than 100 feet to a wetland or stream as depicted on the Official Zoning Map.

A fifty-foot building setback from the mean high-water mark shall be maintained from all water bodies as depicted on the Official Zoning Map.

Building densities on aquifers mapped on the Official Zoning Map shall be limited according to the capacity of the soil to receive on-site waste disposal, unless public water and sewer facilities are provided.

The applicant is expected to recognize historic resources and special features as they pertain to a specific development request.

The Planning Board may require a professionally written statement from the applicant if there is an issue over how and to what extent historic and special features must be protected.

Every effort must be made to protect designated viewsheds. Buildings should be located so that prime views from public vantage points are maintained.

Development in close proximity to designated historic resources and special features should be compatible, to the extent possible, with the architecture and the setting.

Essential architectural elements should be protected in buildings and special features that are designated in the Village Master Plan.

Promote and protect the public health, safety, and welfare by regulating existing and proposed signs.

Maintain and enhance the aesthetic environment and the Village's ability to attract businesses and residents.

Enhance and protect the physical appearance of the community.

Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents.

Promote attractive signs which present their message clearly and concisely.

Maximum permitted sign area.

The following sign types are permitted in the GB District. One or more of the following signs are permitted, but in no event shall the combined sign area of all permanent signs exceed the maximum permitted sign area as set forth in Subsection C(1) above.

Permitted sign area. The maximum total permanent sign area shall be eight square feet per lot.

One or more of the following signs are permitted, but in no event shall the combined sign area of all permanent signs exceed the maximum permitted sign area as set forth in Subsection D(1) above.

A-frame sign. No more than one A-frame sign shall be permitted per storefront business, the sign area of which shall not exceed six square feet per face. Sign may only be displayed during hours of operation and shall be stored indoors at all other times. Sign must be placed within proximity of the business displaying the sign, and shall not impede pedestrian or vehicular traffic.

Flag sign. No more than one flag sign per storefront business in the GB District, or one flag sign per lot in all other districts, shall be permitted, the sign area of which shall not exceed 24 square feet. The flag sign may only be displayed during hours of operation and shall be stored indoors at all other times. Sign shall not impede pedestrian traffic. No permit shall be required for such a sign.

Pop-up shop sign. No more than one pop-up shop sign per temporary retail use shall be permitted, the sign area of which shall not exceed six square feet. Sign type shall be only A-frame, flag or window. Sign shall not be displayed for more than six consecutive months, nor after the temporary retail use has ceased operation, whichever is less.

For a storefront business whose primary product is the sale or leasing of real property, up to 12 square feet of the window area may be used for the display of temporary window signs. These temporary window signs shall not be illuminated.

Temporary signs in the General Business District, including but not limited to window signs, pertaining to on-site activities which have a duration of 30 calendar days or less shall not be subject to the issuance of a permit by the Code Enforcement Officer, but such signs shall require the filing of a temporary sign application form with the Code Enforcement Officer for his approval, showing conformity to this Code provision, including the dates of installation and removal of the signs. All such signs may not exceed eight square feet in total cumulative sign area and must also conform to the provisions of this chapter with respect to placement and professional quality. Such temporary signs shall be allowed no more than twice per calendar year, per business.

One sign not exceeding four square feet in area for a single lot, or 16 square feet in area for a real estate subdivision, and set back at least 15 feet from the street upon which the property is located during the period that a property is being offered for sale or lease. Such a sign shall not be displayed for more than 10 days after the property is sold or let. No permit shall be required for such a sign.

Not more than two temporary signs on a property that is under construction for each street frontage of the lot, not exceeding a combined sign area of four square feet, shall be permitted during the course of construction only. No permit shall be required for such a sign.

Signs are permitted only as an accessory to a permitted use on a lot.

Illumination. Lighting for all illuminated signs shall be external only, shielded, downlit, and of constant intensity. Lighting shall not direct glare onto any adjacent lot or towards motorists. No sign shall be illuminated by or contain flashing, intermittent or moving light or lights. Temporary signs shall not be illuminated.

General design principles and criteria. In reviewing sign applications, the Code Enforcement Officer or Planning Board shall determine that the sign will uphold and meet the following design principles and criteria, and shall have the authority to suggest alterations in design that would implement the intentions of this § 230-20:

Computations. The following principles shall control the computation of sign measurements.

Government signs.

Any sign inside a building, not attached to a window or door, that is not visible from a distance of more than three feet beyond the lot line of the parcel on which such sign is located.

Except as otherwise provided in this section, a lawfully permitted sign existing at the time of the adoption of this chapter shall be allowed to remain even though such sign does not conform to the standards specified in this chapter for the zone in which such sign is located.

Other than sign maintenance, no nonconforming sign shall be reconstructed, remodeled, relocated, altered or changed in size, height, setback or content to show a new trade name, different words, letters or numbers, new design, different colors or different logo, unless such action will make the sign conforming in all respects. A sign that is to be reconstructed, remodeled, relocated, altered or changed according to this section so that it will be conforming in all respects requires a sign permit from the Code Enforcement Officer.

Nothing in this chapter shall be deemed to prevent keeping in good repair a nonconforming sign, including sign maintenance, repainting and replacement of broken or deteriorated parts of the sign itself. Supporting structures for nonconforming signs shall not be replaced, unless such replacement will make the sign and sign structure conforming in all respects.

A nonconforming sign or sign structure which is destroyed or significantly damaged may not be replaced except with a conforming sign. A sign permit is required for any replacement sign.

Unless specified otherwise herein, a sign may be placed, erected, constructed, painted, altered, relocated, enlarged, reconstructed, displayed, lit, or maintained only as expressly permitted in this section and upon issuance of a sign permit by the Code Enforcement Officer or any duly appointed deputy Code Enforcement Officer.

All permanent signs require review and approval of the Code Enforcement Officer, or the Planning Board when required.

Application shall be made on forms prescribed and provided by the Village and shall be accompanied by an application fee, payable to the Village of Millbrook, in accordance with the current fee schedule. The application forms shall be approved by the Village Board of Trustees and may be amended from time to time. The application form for permanent signs will require the following minimum information:

For all signs, if the applicant is not the owner of the property on which the sign is to be located, the applicant must provide to the Village either written permission from the property owner to place the sign on the property, or a copy of a contract or lease showing that the applicant has care, custody and control of the property on which the sign is to be located.

Review and decision on application.

Once a permit has been issued, no permit shall be required for a sign to be repainted or repaired in accordance with the approved design, graphics, and messaging of the sign.

Any sign requiring a permit which is removed for a period of more than 30 days cannot be re-erected unless a new sign permit application is submitted and a new permit is issued in accordance with this § 230-20. This subsection shall apply regardless of when the sign which was removed was originally erected and regardless of whether said removed sign was the subject of a validly issued sign permit.

Time limit. If a sign is not erected within six months following the issuance of a sign permit, the sign permit will automatically become void.

Animated signs.

Billboards.

Inflatable signs and tethered balloons.

Internally illuminated signs.

Marquee signs.

Neon-type signs.

Off-premises signs.

Pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices, whether or not they are used as part of a sign or to attract attention to a sign.

Portable signs.

Rooftop signs.

Strings of lights, if they are used as part of a sign or to attract attention to a sign.

Signs using fluorescent or day-glow colors.

Signs incorporating projected images or words.

Television/video screens used as signs.

No sign shall be placed, erected or maintained in, over or upon any street, sidewalk, excavation or other public place without permission of the applicable government body owning such street, sidewalk, excavation or other public place.

Violation. In the event of a violation of any provision of this chapter, the Code Enforcement Officer shall give written notice, by certified mail, return receipt requested, to the owner of the sign at the last known address of record and to the owner of the land upon which the sign is erected at the last known address of record specifying the violation and specifying that the sign must be modified within 15 days such that it conforms to the provision of this chapter or be removed. If the sign is not modified to conform to the provisions of this chapter within the allotted 15 days, the Code Enforcement Officer is hereby authorized to revoke the sign permit, if any, and to remove or cause removal of such sign. The owner or tenant shall defray the Village's expenses incurred during removal, including consultant costs and attorneys' fees.

Safety hazard. If the Code Enforcement Officer finds that any sign regulated by this chapter is unsound or in any way poses a potential safety hazard to the public, he or she shall give written notice, by certified mail, return receipt requested, to the owner of the sign at the last known address of record and to the owner of the land upon which the sign is erected at the last known address of record to repair or remove the sign within five days from the date of the notice. If the sign is not removed or repaired within the allotted five days, the Code Enforcement Officer is hereby authorized to revoke the sign permit, if any, and to remove or cause removal of such sign. If emergent circumstances warrant, the Code Enforcement Officer may remove a hazardous sign without advance notice. For any sign summarily removed without prior notice, the Code Enforcement Officer shall provide written notice by certified mail, return receipt requested, to the owner of the sign at the last known address of record and the owner of the land upon which the sign was erected at the last known address of record that the sign was removed because it was a source of immediate peril to persons or property.

Costs of removal of signs. At the sole discretion of the Village, the reasonable and necessary costs incurred by the Village for removal of any sign shall be charged against the real property from which the sign was removed by adding that charge to and making it a part of the next annual real property tax assessment roll of the Village. Such charges shall be levied and collected at the same time and in the same manner as Village-assessed taxes and shall be paid to the Village Clerk to be applied in reimbursing the fund from which the costs of sign removal were paid. Prior to charging such assessments, the owners of the real property shall be provided written notice to their last known address of record, by certified mail, return receipt requested, of an opportunity to be heard and object before the Village Board to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 14 days after its mailing. The owner of the land, in addition to the tenant or owner of the sign, shall be jointly and severally responsible for reimbursement of the Village's expenses.

Except for awning, banner, canopy, flag, window, and temporary signs conforming in all respects with the requirements of this chapter, all signs shall be constructed of wood, metal, or other durable man-made materials that closely resemble wood or metal, as approved by the Code Enforcement Officer or Planning Board, and shall be permanently attached by direct attachment to a rigid wall, frame or structure.

All signs and sign structures shall be maintained in good condition, in compliance with all building and electrical codes and in conformance with this chapter at all times.

All signs shall be securely anchored.

The provisions of this section are severable. The invalidity of any word, subsection, clause, phrase, paragraph, sentence, part or provision of this section shall not affect the validity of any other part of this section which can be given effect without such invalid part or parts.

If any portion of this section is found to be in conflict with any other provision of any other local law or ordinance of the Code of the Village of Millbrook, the provision which establishes the more restrictive standard shall prevail.

An accessory building not exceeding 20 feet in height at the eaves may occupy not more than 30% of a required rear yard.

No accessory structure shall be located with 10 feet of side or rear lot lines.

No accessory structure shall be located closer to the street than the front yard setback required for a principal structure in the district in which such accessory structure may be located.

For corner lots, the setback from the side street shall be the same for accessory buildings as for principal buildings.

The preservation of land as unsubdivided and undeveloped open space which preserves or enhances the appearance, character or natural beauty of an area.

The preservation of land for park and recreation purposes.

The preservation of land for purposes of conserving natural resources, including prime and important agricultural land.

The preservation and protection of particular areas and terrain having qualities of natural beauty or historic interest.

The protection of streams, rivers and ponds so as to avoid flooding, erosion and water pollution.

The modifications result in design and development which promotes the most appropriate use of the land and facilities and the adequate and economical provision of streets and utilities and preserves the natural and scenic qualities of open lands.

A written statement, in duplicate, describing the open space purpose(s) to be accomplished and the proposed method of preservation and disposition of the open space land.

A sketch plan, in duplicate, meeting all of the requirements for preapplication approval of a subdivision plat.

Such additional information that the Planning Board may deem necessary to make a reasonable decision on the application.

Offer and transfer of the land to the Village of Millbrook, subject to agreement by the Village to accept the land.

Establishment of a homeowners' association to own and maintain the land for the open space purposes intended.

Transfer of the land to an institution, person, organization or other entity to own and maintain the land for the open space purposes intended, in perpetuity.

Mandatory establishment of deed restrictions.

Labeling the plat map to restrict division and use of the land.

Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers and/or water mains and fire hydrants to be installed in a cluster subdivision shall be connected to such existing facilities in the manner prescribed by the regulations of the appropriate sewer, water or fire district or other agency having jurisdiction.

Where connection to existing public water and/or sewerage facilities is not possible, the Planning Board, at its discretion, may require that a central water supply and/or sewerage treatment shall be designed and constructed by the applicant to serve all dwelling units within the cluster subdivision, in accordance with the standards of appropriate county, state or federal health or environmental departments.

Density. The number of dwelling units shall not exceed 12 units per acre or 24 bedrooms in that part of the Village which is served by water and sewer facilities.

Parking. All parking shall be provided in paved off-street areas according to provisions in § 230-16. No parking lot should be closer than 25 feet to the front of any building nor 10 feet to the side or rear of any building.

Lot specifications. Setbacks, building area coverage and frontage requirements appear in the Schedule of Lot and Bulk Requirements.[1]

Floor area. Each apartment must have a minimum floor area of 500 square feet.

Open space. Usable open space, excluding parking, must be available for tenants. This open area must be a minimum of 150 square feet per bedroom for adaptation of existing structures and at least 50% of the gross lot area for new structures.

Water and sewer facilities. Where connections to the existing Village water and sewer facilities are feasible, such connections shall be required. Where connections are not feasible, densities shall be limited by the natural capacity of the site to sustain necessary services.

Design. The architectural design of multifamily dwellings shall be harmonious with the character of immediately surrounding areas.

Recreation fee. A recreation fee may be charged for all new rental units. The provisions of § 7-725-a of the Village Law as amended from time to time shall apply. This fee shall be 1/3 of the fee charged for a lot which is subdivided for single-family residential use. On-site dedication of land or construction of recreational facilities can be a preferred alternative to a recreational fee.

Buffer areas. When necessary to ensure compatibility with the surroundings, buffer strips shall be provided. Consisting of trees, hedges, dense plantings, earth berms and changes in grade, these buffers shall be used, in particular, to separate the more dense character of multifamily housing from less intensely developed land uses and to maintain a natural interlude between multifamily structures.

Parking lots must not be located closer than 15 feet from any residential property line.

The front or rear of any building shall be no closer to the front or rear of any other building than 40 feet. The side of any building shall be no closer than 30 feet to the side, front or rear of any other building.

The maximum length of any building shall not exceed 150 feet.

Mobile home parks shall be developed on a minimum of 15 acres.

While mobile homes can be grouped, the net residential density must conform to the standard set for the district.

Road access must be strictly internal, with a single common entrance point from public roadways.

A minimum fifty-foot buffer must surround the park.

Natural or planted dense screening must be provided within the buffered area.

Roads must meet Village specifications.

Owner occupancy required. The owner(s) of the one-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises.

Only one apartment is allowed, and it shall be clearly subordinate to the one-family dwelling.

The number of bedrooms in the apartment shall not be more than one.

The floor area of the apartment shall be greater than 400 square feet.

The floor area devoted to the apartment shall not exceed 35% of the entire floor area of the one-family dwelling.

The apartment and one-family dwelling must have safe and proper means of entrance, clearly marked for the purpose of emergency services.

If the water supply is from a private source, the applicant shall certify that the water supply is potable and of adequate flow. Failure to correct promptly any water quality problems shall result in the revocation of the special permit.

The applicant shall maintain a proper sewage disposal system adequate for the two dwelling units. Failure to correct promptly any sewage system problem shall result in revocation of the special permit.

Stairways leading to any floor or story above the first floor shall be located within the walls of the building wherever practicable. Stairways and fire escapes shall be located on the rear wall in preference to either side wall. In no instance shall an exterior stairway or fire escape be located on any wall fronting on a street.

Off-street parking shall be in accordance with § 230-16 and shall be on the parcel on which the accessory apartment is located.

Continued compliance with all of these regulations is required. Failure to do so will result in a revocation of the special permit.

All bulk regulations and coverage limitations of the Schedule of Lot and Bulk Requirements must be met.[2]

Design and construction of the addition must be compatible with the parent structure.

No new construction shall be permitted to enlarge existing accessory buildings in order to accommodate apartments unless they conform to zoning density requirements.

Construction associated with adaptation of buildings should be performed in a way that retains the character of the structure. The design and construction of the adaptation of the building must be compatible with the parent structure.

The conditions of § 230-27B(1), (4), (6), (7), (8), (9), (10) and (11) must be met.

The number of dwelling units permitted on the lot shall not exceed that which is normally permitted in the zone, except for structures which are in existence at the time of the adoption of this amendment.

Accessory apartments are prohibited in accessory buildings when an accessory apartment already exists within the one-family residence.

Owners of accessory apartments in existence as of the effective date of this section shall have six months from the date of enactment to apply for a special permit for an accessory apartment and to meet the requirements of this section wherever practicable.

Any such property owner who is not in the process of or completed meeting these requirements within the required six months shall be found in violation if the apartment is occupied.

The special permit shall be issued to the owners of the property. Should there be a change in ownership or a change in the residence of the owner, the special permit and the certificate of occupancy for the accessory apartment shall become null and void. Thereafter, should the new owner decide to live in the structure and desire to continue the use of the accessory apartment, within 90 days of the change of ownership, he or she shall apply to the Planning Board for a special permit. Should the new owner decide not to live in the structure or desire not to continue the use of the accessory apartment, the tenant shall have 90 days to relocate, the owner shall remove the kitchen of the accessory apartment within 60 days after the tenant leaves and the premises shall revert to a single-dwelling unit.

The special permit shall remain valid so long as the applicable provisions of this section are complied with. Failure to do so will result in a revocation of the special permit.

A home occupation must be incidental to the use of a dwelling unit for residential purposes.

The dwelling unit must be owner-occupied.

No more than 500 square feet of floor area of the dwelling unit or 30% of the total floor area of the dwelling unit may be used in connection with a home occupation, whichever is lesser. Floor area requirements refer only to heated and habitable rooms within the dwelling unit.

Sale of produce and consumer goods shall be prohibited, except for the sales of products or goods produced or fabricated on the premises as a result of the home occupation.

Only the persons or persons who own and occupy the dwelling and one additional person shall be employed in the home occupation.

There shall be no outside evidence of the home occupation, except that one sign is allowed in compliance with § 230-20.

In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. nor later than 9:00 p.m.

There shall be no exterior storage of materials to be used in conjunction with a home occupation.

No alteration of the residential appearance of the premises to accommodate the home occupation is allowed.

An existing accessory structure can be used for a home occupation, provided that there are no exterior modifications and that the use will not change the residential or agricultural character of the area.

The total number of home occupations conducted within a dwelling unit is not limited, except that the cumulative impact of all home occupations conducted within the dwelling unit or on the premises shall not exceed the impact of a single, full-time home occupation.

Electrical or mechanical equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or that creates noise not normally associated with residential uses is prohibited.

Artist or musician.

Custom dressmaking, seamstress, milliner.

Tutoring.

Home crafts for sale off site.

Drafting and graphic services.

Data processing, computer programming, word processing.

Baby sitting up to five children, provided that all county, state and federal requirements are satisfied.

Professional and other consulting services, e.g., interior design, engineering, financial planning, architecture, law and real estate.

Medical doctor, dentist, chiropractors and other health care professionals.

Gardening, landscape maintenance.

Foster family care and family-type proprietary houses for adults pursuant to regulations of the New York State Department of Social Services (but not more than four children or four adults). Applicants for this use must first apply to the Planning Board for a special permit as outlined in § 230-43.

Single chair beauty salons or barbershops.

Ambulance service.

Automobile repair, parts, sales, upholstery or detailing, washing service (including businesses working at customer's homes).

Churches, religious instruction.

Restaurants and taverns.

Housecleaning service.

Appliance repair.

Home cooking and preserving.

Carpentry work.

They must be limited to 20 rooms.

They must meet all parking, signage and other applicable requirements.

If converted from an existing structure, inns must meet all requirements of the special permit process.

Dining facilities and bar, if open to the general public, will be treated as separate use and thereby conform to additional restrictions for restaurants and bars (see § 230-16).

An inn will be permitted only if it is compatible in character with its immediate neighborhood.

Dining facilities shall not exceed 50 square feet per overnight room (exclusive of the kitchen facilities).

They must be limited to 10 guest rooms.

They must meet all applicable zoning requirements.

The proprietor may serve meals to guests. A public dining room and bar is expressly prohibited.

Parking lots shall not be located closer than 15 feet from any residential property line.

A bed-and-breakfast will be permitted only if it is compatible with its immediate neighborhood.

Purpose. The purpose of this section is to establish a set of regulations applicable to the short-term rental of residential real property in the Village of Millbrook. These regulations are in addition to all other provisions of this chapter. In the adoption of these standards, the Board of Trustees of the Village of Millbrook (the "Village Board") find that short-term rentals (STRs) have the potential to be incompatible with surrounding residential uses, especially when several are concentrated in the same area, thereby having the potential for a deleterious effect on the adjacent full-time residents. The Village Board recognizes the benefits of short-term rentals to allow homeowners to supplement their income to defray the cost of housing and to provide lodging for visitors to the Village. The Board of Trustees also find that STRs have the potential to have a detrimental effect on affordable housing and economic diversity in the Village, by removing dwelling units from the long-term rental market and driving up demand for the limited remaining housing supply. This can result in fewer available units and increased prices or rents for those units that are available. Special regulation of these STR uses is necessary to ensure that they will be compatible with surrounding residential uses, protect the health, safety and welfare of Village residents and will not act to harm and alter the neighborhoods they are located within.

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

Presumption of dwelling unit as short-term rental property.

All short-term rental permit and application fees shall be listed in the Village's Master Fee Schedule. These may be changed from time to time by resolution of the Village Board of Trustees.

A short-term rental shall only be allowed subject to an application for a permit issued by the CEO, renewable on a biennial basis, and in compliance with the following standards:

Sales last no longer than three days.

Sales are held no more than twice yearly.

Sales are conducted on the owner's property. Multiple family sales are permitted if they are held on the property of one of the participants.

No goods purchased for resale may be offered for sale.

No consignment goods may be offered for sale.[1]

It must be reviewed and approved by local fire authorities to ensure access of fire-fighting equipment.

It must account for additional parking demand. use of off-premises parking facilities is permitted. The Planning Board may reduce the parking requirements in § 230-16, provided that such action does not prevent nearby street-oriented businesses from having access to a sufficient supply of public parking spaces.

It must not be viewed as a way to circumvent the bulk requirements of this chapter. In general, an alley development will be a planned concept involving more than one landowner.

It must not exceed 1,000 square feet exterior space in all zones except the Rural (RU) Zone. It must not exceed 4,000 square feet exterior space in the rural zone.

It must be fully screened from any public road, park or other public place and from abutting land owners.

Screening shall be permanent, through attractive fencing and landscaping.

The junkyard shall not threaten surface or subsurface water sources or in any other way pose a danger to the public health.

Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, unless specifically allowed by other provisions in this section.

No such nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this section.

If such nonconforming use of land or any portion thereof ceases for any reason for any continuous period of more than one year or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this section.

A nonconforming use of land maybe changed only to use of similar or less nonconforming, as determined by the Zoning Board of Appeals.

A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless the use therein is changed to a conforming use.

Such nonconforming building shall not be structurally expanded, unless such alterations are required by law; provided, however, that such maintenance and repair as is required to keep a nonconforming building or structure in sound condition shall be permitted, and provided further that any such nonconforming use may be extended throughout any parts of the building which were arranged or designed for such use at the time of the adoption of this section.

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

If any nonconforming use of a building ceases for any reason (except for that caused by a vacancy) for a continuous period of more than two years or is changed to a conforming use or if the building in or on which such use is conducted or maintained is moved for any distance whatever, then any future use of such building shall be in conformity with the standards specified by this chapter for the district in which such building is located. A nonconforming use which has ceased due to a vacancy must be renewed by application to the Planning Board before two years has lapsed.

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

Completion of buildings under construction. Any building, the construction of which has been started before the effective date of this chapter or of an amendment thereto and the ground story framework of which, including the second tier of beams, has been completed within one year after the adoption of this chapter, or amendment thereto, may be completed in accordance with plans on file with the Zoning Enforcement Officer, provided that such construction is diligently prosecuted and the building is completed within two years of the adoption of this chapter.

It is the purpose of this section to accommodate the communication needs of residents and businesses consistent with applicable federal and state regulations, while protecting the health, safety and general welfare of the residents of the Village of Millbrook by:

These regulations are intended to be consistent with the Telecommunications Act of 1996 in that:

In order to encourage the appropriate location and collocation of telecommunications systems in the Village of Millbrook, the following PWRT facilities shall be permitted as of right:

Standards. An as-of-right PWRT facility shall meet the following additional standards and requirements:

Data.

All PWRT facilities which do not meet the standards for as-of-right locations shall be subject to special permit and site plan approval by the Planning Board pursuant to §§ 230-43 and 230-44 of the Zoning Law shall satisfy the standards for as-of-right facilities as applicable and as set forth above; and in addition, the following standards shall apply:

Data.

For applications involving tower construction or modification to accommodate a PWRT facility:

The floor area of any residential unit shall be greater than 500 square feet.

No residential unit shall be located on the first floor of any mixed-use building.

Residential units shall contain between zero (studio apartment) and two bedrooms.