Millbrook Village City Zoning Code
ARTICLE V
Supplementary Regulations
§ 230-14 Performance standards.
No land use shall be established or maintained unless it complies with the performance standards in this section. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy.
Noise.
Sound levels shall be determined at the property line of the lot from which the noise is emitted. Sound measurements shall be accomplished through the sound-level meter having an A-weighted filter constructed in accordance with specifications of the American National Standards Institute.
The following uses and activities shall be exempt from these noise regulations:
No person, firm or corporation shall allow the emission of sound in air which, as measured at the property lines, has a sound level in excess of 60 decibels on the A-weighted scale between the hours of 7:00 a.m. and 8:00 p.m. and in excess of 50 decibels on the A-weighted scale between the hours of 8:00 p.m. and 7:00 a.m.
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.
In the case of any application for the establishment of a use subject to the above performance standards, the Planning Board may require the applicant, at his or her own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to said standards.
If the Planning Board deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of his or her application. The report of any expert consultants shall be promptly furnished to the applicant.
During the course of site plan review, the Planning Board will determine if the applicant's proposal will conform to the performance standards.
§ 230-15 Enforcement of performance standards.
If, in the judgment of the Zoning Enforcement Officer or the Village Board, there is a violation of the performance standards:
The Zoning Enforcement Officer shall give written notice, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the particulars of the alleged violation and the reasons why it is believed that there is a violation in fact and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Enforcement Officer within a reasonable time limit set by said Officer. The notice shall state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made and that, if violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate and that, if it is determined that no violation exists, costs of determination will be borne by the Village.
If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the Zoning Enforcement Officer, he or she shall note "Violation Corrected" on his or her copy of the notice and shall retain it among the records of the Officer.
§ 230-16 Off-street parking and loading.
General provisions.
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.
No commercial vehicle of any length shall be stored outside at any place in the Village on public property.
No commercial vehicle having an overall length in excess of 20 feet or an overall height, including roof racks, in excess of eight feet or an overall width, excluding review mirrors, in excess of seven feet nor any tractor, tractor-trailer, semitrailer, commercial tow truck or construction vehicle of any length shall be stored outside on any private property in a residential district.
No commercial vehicle having an overall length in excess of 20 feet or an overall height, including roof racks, in excess of eight feet or an overall width, excluding review mirrors, in excess of seven feet nor any tractor, tractor-trailer, semitrailer, commercial tow truck or construction vehicle of any length shall be parked on any public or private property in a residential district unless temporarily in connection with a bona fide commercial service, sales or delivery visit to such property.
A commercial vehicle which is not a tractor, tractor-trailer, semitrailer, commercial tow truck or construction vehicle, having an overall length of 20 feet or less and an overall height, including roof racks, of less than eight feet and an overall width, excluding rear view mirrors, of less than seven feet may be parked on public property in a residential district and may be parked or stored outside on private property in a residence district, subject to the following regulations:
Only one such vehicle per family may be parked or stored on any lot containing the dwelling unit of such family. The foregoing notwithstanding, a maximum of two such vehicles may be parked or stored on such lot, provided that one of the vehicles is parked or stored within an enclosed garage or is completely screened from public view.
Such vehicle shall only be parked or stored in a driveway or garage.
The parking or storage of such vehicle shall be in full compliance with the off-street parking requirements of this Zoning Law and shall not preempt the use of space needed for the off-street parking of other vehicles.
The parking or storage of such vehicle shall be in full compliance with the vehicle and traffic regulations of the Village of Millbrook Code.
Such vehicle must belong to an owner or occupant of the premises upon which it is being parked or stored.
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.
Existing structures and use. Structures and land uses in existence or for which building permits have been approved at the time of the adoption of this chapter shall not be subject to the parking or loading space requirements of this chapter, provided that any parking and loading facilities then existing to serve such structures or uses shall not, in the future, be reduced except where they exceed such requirements, in which case they shall not be reduced below such requirements. Required parking and loading facilities shall, however, be provided as a condition for the issuance of any building permit for any enlargement of such structures or uses in the future. The reduction or elimination of existing parking and loading areas shall not be permitted unless it is in excess of the requirements.
Location. Required parking and loading spaces shall be provided upon the same lot as the use or structure to which they are accessory, except that off-street parking spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots, provided that a legal instrument, satisfactory to the Village, assures the continued existence of the parking facility to serve said structures or land uses as long as they may exist. Such agreements shall also guarantee that, upon the termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this chapter. Also, the Planning Board may permit all or part of the required off-street parking spaces to be located on any lot within 500 feet of the building if the Planning Board determines it is impractical to provide parking on the same lot with the building. In no event shall such parking and loading spaces for a nonresidential use be located in any residence district. In any residence district, no required off-street parking shall be developed within the required front yard, nor shall it be developed within 15 feet of a side or rear lot line.
Size of parking spaces.
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.
Landscaping. Except for parking spaces accessory to either a one-family or a two-family dwelling, all off-street parking areas shall be curbed and landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board. At least one tree with a minimum diameter of two inches at a height of five feet above ground level shall be provided within such parking area for each five parking spaces.
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.
Grades, drainage, paving and marking. All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of its use to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The maximum slope within a parking area shall not exceed 5%. In multifamily residential developments and in nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.
Traffic circulation.
In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The 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.
Waiver of improvement. Where the authority approving a site plan or special permit application determines that less than the required number of parking spaces will satisfy the intent of this chapter, said Board may waive the requirement in part, but not in excess of 50% of the number required according to this section. In all cases, it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking required and the site plan shall bear such designation. All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking. Written guaranties shall be submitted by the applicant for the eventual improvement of any such spaces which may have been waived, and these spaces must be constructed by the property owner within six months of the date of written notice to the property owner by the Planning Board that such spaces have been determined as necessary and must be constructed.
Operation and maintenance of off-street parking facilities. Required off-street parking facilities shall be maintained as long as the use of the structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the Village as public parking areas.
Off-street parking requirements.
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:
Use | Minimum Off-Street Parking (spaces) |
|---|---|
One- and two-family dwellings | 2 for each dwelling unit |
Accessory apartments other than in a GB District | 2 for each apartment, in addition to the 2 required for the principal dwelling |
Accessory apartments in GB District | 1 for each unit for the first bedroom of such unit, and 1 for all additional bedrooms in any such unit |
Multifamily dwellings (may be reduced to 1 1/2 for elderly housing) | 2 for each dwelling unit |
Home occupations permitted in a residential district as a home occupation | 3 in addition to spaces required for the residential use |
Bed-and-breakfast establishments | 1 for each guest sleeping room, plus 2 for each residential unit |
Place of worship, theater, auditorium, athletic field or other place of assembly | 1 for each 4 seats or pew spaces or, in places without seats, 1 for each 100 square feet of floor space used for public assembly (a pew space shall be 20 inches wide); 1 per 3 theater seats |
Residential health care facilities, adult homes and group homes | 1 for each 3 patient beds, and 1 for each employee, including medical, nursing and service staff |
Golf and country club | 1 for each 2 memberships |
Centers of public amusement | 1 per 100 square feet of floor space used for public amusement |
Retail or service business | 1 for each 200 square feet of gross floor area plus 1 for each employee |
Restaurant and bar | 1 for each 3 seats or 1 for each 100 square feet of gross floor area, whichever is greater |
Office for business or professional use (other than accessory to residential use) | 1 for each 500 square feet of gross floor area |
Banking office | 8, plus 1 for each employee, plus 4 additional for each person in excess of 2 acting as tellers, including waiting spaces for drive-in window |
Inn | 1 for each guest sleeping room, plus 1 for every 2 employees |
Funeral home | 1 per employee, plus 1 per 25 square feet of gross floor space in assembly rooms |
Motor vehicle sales and service | 1 per employee, plus 1 per 150 square feet of gross floor space |
Medical office building and medical office, including veterinary office | 1 per 150 square feet of gross floor area |
Warehouse [Added 7-14-1998 by L.L. No. 1-1998] | 1 per each employee in addition to 1 for each 2,000 square feet, but in no case less than four |
Self-service storage warehouse. For the purpose of this section only, "parking" shall be defined as the standing of a vehicle, whether occupied or not, for any purpose other than to load or off-load cargo to be stored in or removed from a rented storage unit; "standing" shall be defined as the standing of a vehicle in order to load or off-load cargo to be stored in or removed from a rented storage unit. [Added 7-14-1998 by L.L. No. 1-1998] | 1 per each employee, as well as 1 standing space for every 3 rental storage units. Standing spaces may be adjacent and parallel to the perimeter of the storage buildings. If an office is established on the site which will be staffed by 1 or more employees, 2 additional parking spaces will be required in excess of the number required for employees on site. |
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.
Off-street loading requirements. Off-street loading and unloading facilities shall be located on the same site with the use to be served and shall be provided as follows:
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
Driveways.
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.
The maximum grade for any new driveway accessory to a single-family dwelling and connecting its off-street parking area to a street shall be 10%, except that where it can be demonstrated to the satisfaction of the approving authority that, because of practical difficulty or unreasonable hardship affecting a particular property, the construction of a driveway shall be permitted, provided that the increase in driveway grade is the minimum increase required, and further provided that in no case shall such driveway grade be permitted to exceed 15%.
The maximum grade for new driveways accessory to uses other than single-family dwellings and connecting the required off-street parking area to the street shall not exceed 7%, except that the approving authority shall have the same power to permit increased grades here as above, provided that such grades shall in no case exceed 10%.
Notwithstanding the maximum permitted grades specified above, no driveway serving a use other than a single-family dwelling shall have a grade in excess of 3% within 50 feet of the center line of the traveled way of the street, or within 25 feet of the property line of the street, whichever distance is greater. The Planning Board may require increased platform areas of this type in situations where, because of the nature of the proposed use, substantial traffic volumes are anticipated.
Clear visibility shall be provided in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway) and so that there is a similar view of the automobile in the driveway.
§ 230-17 Landscaping.
The provisions of this section shall apply to residential multifamily complexes and all uses in the following districts: general business, residential multifamily, residential transitional and residential mixed use. Lands which are not used for buildings, structures, off-street parking and loading areas, driveways or similar uses shall be landscaped in accordance with the standards of this section. A complete plan and schedule of existing and proposed landscaping shall be included with the site plan and/or special permit application. This plan should detail the number, location, size and name of each plant species, which shall be approved by the Planning Board. The minimum standards and requirements for landscape areas shall be:
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.
In connection with the review of any site plan or special permit application for a multifamily or nonresidential use abutting or directly across a local street from any property in a residence district, a buffer strip of landscaping shall be required along all such property lines. Such buffer strip shall comply with at least the following minimum standards:
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.
All shrubs and trees shall be protected from possible damage inflicted by vehicles using the parking area or access drives by means of a raised curb placed at the edge of the pavement or other methods as approved by the Planning Board.
Unique natural areas and open spaces, such as streams, ponds, marshes, steeply sloped areas and woodlands, shall be preserved.
Refuse storage. All outside trash receptacles, except those intended for use by customers, shall be so designed and constructed as to allow no view of the trash storage from the street and shall be located within an enclosed structure and shall be provided with opaque gates of the same height. The height of the enclosure shall be at least as high as the trash receptacles.
All plantings shown on an approved site development plan or special permit plan shall be maintained in a vigorous growing condition, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.
Lighting. Exterior lighting proposed for use on the site shall be planned, erected and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way. The light source shall not be higher than 20 feet and shall not be visible from adjacent properties or public rights-of-way.
§ 230-18 Land conservation areas.
Purposes. Streambanks, floodplains, aquifer recharge areas and wetlands are part of the natural drainage system of Millbrook. These resources protect the long term economic and environmental well-being of Village residents. The conditions set forth in Subsection B are land conservation measures, applicable to all districts.
Conditions.
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.
§ 230-19 Historic resources and special features.
Intent. It is the intent of this section to preserve those historic and natural features which enriched the quality of life for the inhabitants of the Village of Millbrook now and in the future.
Criteria of determination. Historic and special areas are presented in Figure VIII-1 of the Village Master Plan.[1] They contain historic and natural elements of significant interest and their integrity should be protected from any harmful influence from development.
[1]
Editor's Note: The Master Plan is on file in the Village offices.
Procedure.
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.
Standards.
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.
§ 230-20 Signs.
[Amended 1-14-2020 by L.L. No. 1-2020]
Purpose. The purpose of these sign regulations is to:
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.
Definitions. As used in this section, the following terms shall have the meanings indicated:
A sign consisting of two sign faces placed together at an angle to form an "A" shape structure which tapers from a wide base to a narrow top, and whose message is targeted to pedestrians. An A-frame sign is not considered a portable sign for the purposes of this § 230-20.
A nonadvertising sign that is clearly incidental to the nonresidential use.
A sign with action, motion, or light or color changes through electrical or mechanical means.
A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use.
Any sign painted on, or applied to, an awning.
A temporary sign made of cloth, bunting, plastic, paper, or similar nonrigid material attached to any structure, staff, pole, rope, wire, or framing which is anchored on two or more edges or at all four corners. Banners are temporary in nature and do not include flags.
An off-premises sign, which is leased or rented for profit.
A sign used by one or more nonresidential uses located within the same building, only in the General Business District, and not applicable to storefront businesses.
A structure other than an awning, made of fabric or other similar material, that is supported by columns or posts affixed to the ground and may also be connected to a building.
Any sign that is part of, or attached to, a canopy.
Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such a flag shall not exceed 30 square feet in area and shall not be flown from a pole the top of which is no more than 25 feet in height. These flags must be flown in accordance with protocol established by the Congress of the United States for the stars and stripes. Any flag not meeting any one or more of these conditions shall be considered a flag sign and shall be subject to regulation as such.
Any sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners. A flag shall not be considered a flag sign for the purposes of this § 230-20.
A sign supported by structures or supports that are placed on, or anchored in, the ground; and that is independent and detached from any building or other structure.
A sign that is constructed, placed or maintained by the federal, state or local government or a sign that is required to be constructed, placed or maintained by the federal, state or local government either directly or to enforce a property owner's rights.
A sign that maintains shape through air pressure, which may be of various shapes, made of flexible fabric, resting on the ground or structure, and may or may not be equipped with a blower.
A sign which contains transparent or translucent materials as an exterior surface, and which contains a light source within its body, or which is capable of being illuminated by a light source within its body. Internally illuminated signs include but are not limited to:
A temporary sign made of lightweight materials such as cardboard or vinyl that is supported by a frame, pole, or other support structure placed directly in the ground without foundation or other anchor.
A permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a building and providing protection from the elements. This structure is typically associated with theaters.
Any sign that is part of, or attached to, a marquee.
An outdoor sign containing a commercial message which promotes a business, products, services, or activities located, conducted, sold, or offered somewhere other than upon the same lot upon which the sign is located.
A sign attached or affixed to a building, window, or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, and that precludes ready removal or movement of the sign and whose intended use appears to be indefinite.
A temporary storefront space occupied by a merchant who sells goods predominantly on-line.
A temporary sign associated with a temporary retail use, or "pop-up shop."
A sign designed to be transported or moved and not permanently attached to the ground, a building, or other structure. This includes a sign affixed to a vehicle or trailer in such a manner that the carrying of the sign is no longer incidental to the vehicle or trailer's purpose, but becomes its primary purpose. A-frame signs and flag signs are not considered portable signs for the purposes of this § 230-20.
A building-mounted, double-sided sign with the two faces situated perpendicular to the building wall, not to include signs located on a canopy or awning.
A sign that is mounted above the cornice line, or over or on the roof or parapet of a building.
Any structure or part thereof, or any device attached thereto or painted thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, work, model, banner, emblem, light, device, trademark or other representation used as an announcement, designation, direction, display or advertisement of any person, firm, group, organization, commodity, service, profession or enterprise when placed in such manner, whether indoors or out-of-doors, that it provides visual communication to the general public out-of-doors, but not including the following:
Government signs.
The flag or insignia of any government or governmental agency.
The flag of any civic, political, charitable, religious, fraternal or similar organization, which is hung on a flagpole or mast.
Religious or other seasonal holiday decorations which do not contain commercial lettering, wording, designs, symbols or other devices.
The portion of the exterior facade of a building located in the General Business District which contains a ground floor nonresidential use visible from a street, sidewalk, or other pedestrian way accessible to the public and contains the primary entrance to the nonresidential establishment.
A ground floor nonresidential use located in a storefront.
A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
A building-mounted sign which is either attached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface.
Any sign that is applied, painted, or affixed to a window, or placed inside a window within two feet of the glass and clearly meant to communicate with viewers outside the building. Customary displays of saleable merchandise behind a store window are not considered window signs.
Permanent signs within the General Business ("GB") District. All permanent signs shall require review and approval by the Code Enforcement Officer or Planning Board pursuant to Subsection L(3) of this section, and the issuance of a sign permit by the Code Enforcement Officer.
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.
Accessory sign. No more than two accessory signs shall be permitted per storefront business, the sign area of which shall not exceed four square feet per sign, but the combined sign area of both signs shall not exceed six square feet.
Awning sign. No more than three awning signs per storefront business, the sign area of which shall not exceed 50% of the panel of the awning on which it is placed. The sign may be located on the front or side panel(s) of the awning, but not on the sloped surfaces.
Business directory sign. No more than one business directory sign per building, containing no more than one listing per nonresidential use not located in the storefront. The overall area of the directory sign shall not exceed eight square feet, and the dimensions of each listing shall not exceed three inches tall by 20 inches wide. Sign type shall be only projecting, wall, or window. Sign must be located in proximity to the common exterior entry door for the represented uses, and shall not be displayed in an area associated with the storefront.
Canopy sign. No more than one canopy sign per storefront business, the sign area of which shall not exceed 50% of the vertical surface of the canopy. The sign may be located on the vertical portions of the canopy, but not on any slope. No canopy shall extend into the public right-of-way.
Freestanding sign. No more than one freestanding sign per lot shall be permitted, and only on lots where the building is set back a minimum of 10 feet from the curb or edge of the road where no curb exists. Sign area shall not exceed six square feet. The sign height shall not exceed six feet above the ground level measured from the base of the sign. Where two or more businesses on a lot share a freestanding sign, the total sign area shall not exceed three square feet per business up to a maximum of six square feet per lot.
Projecting sign. No more than one projecting sign shall be permitted per storefront business, the sign area of which shall not exceed six square feet. The base of the sign shall be located a minimum of seven feet above grade, and the top of the sign may not extend above the cornice line for single-story buildings, or the bottom sill of the second-story window for multistory buildings.
Suspended sign. No more than one suspended sign shall be permitted per storefront business, the sign area of which shall not exceed four square feet. The base of the sign shall be located a minimum of seven feet above grade.
Wall sign. No more than one wall sign shall be permitted per business. Where the sign is placed on a building containing space for a single storefront business, the sign area shall not exceed eight square feet. For buildings with more than one storefront business, sign area shall not exceed six square feet per storefront business. The thickness of any wall sign shall not extend more than six inches from the face of the wall to which it is attached, nor beyond or above the building in any direction.
Window sign. Window signs are permitted in ground-floor windows only, the coverage of which shall not exceed 30% of the total area of the window in which the sign is located.
Permanent signs in all districts except the GB District. All permanent signs shall require review and approval by the Code Enforcement Officer or Planning Board pursuant to Subsection L(3) of this section, and the issuance of a sign permit by the Code Enforcement Officer.
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.
Accessory sign. No more than one accessory sign shall be permitted per nonresidential use per lot, the sign area of which shall not exceed two square feet.
Freestanding sign. No more than one freestanding sign shall be permitted per lot, the sign area of which shall not exceed six square feet. The sign height shall not exceed six feet above the ground level measured from the base of the sign. Where two or more businesses on a lot share a freestanding sign, the total sign area shall not exceed three square feet per business up to a maximum of six square feet per lot.
Projecting sign. No more than one projecting sign shall be permitted per lot, the sign area of which shall not exceed six square feet. The base of the sign shall be located a minimum of seven feet above grade, and the top of the sign may not extend above the cornice line for single-story buildings, or the bottom sill of the second story window for multistory buildings.
Wall sign. No more than one wall sign shall be permitted per lot, the sign area of which shall not exceed eight square feet. The thickness of any wall sign shall not extend more than six inches from the face of the wall to which it is attached, nor beyond or above the building in any direction.
Window sign. Window signs are permitted in ground-floor windows only, the coverage of which shall not exceed 30% of the total area of the window in which the sign is located.
Temporary signs. In addition to permanent signs, the following temporary signs are also permitted in all zoning districts. Temporary signs shall require a sign permit issued by the Code Enforcement Officer, unless specifically exempted below. Storefront businesses shall have no more than three categories of temporary signs at any time. A nonstorefront business or a home occupation may only have one category of temporary sign at any time. Any temporary sign posted in violation of this chapter may be disposed of by the Village of Millbrook.
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.
Special event signs. Temporary signs, such as lawn or banner signs, totaling not more than 12 square feet of combined sign area, with no single sign being larger than six square feet and displayed only during election campaigns, drives or other special events, not covered under § 230-20E, Temporary signs, shall be allowed per business or residence. Special event signs shall be allowed in any zoning district and must be removed within five calendar days after the completion of the event for which the signs were installed. Any special event sign not removed within five calendar days after completion of the event for which they were installed may be disposed of by the Village of Millbrook. Furthermore, signs may not be installed earlier than 45 days prior to the first date of the special event, drive or election being publicized. No permit shall be required for such signs.
General regulations for all districts.
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:
Signs shall be a subordinate part of the landscape.
Signs shall convey their messages clearly and simply.
Signs shall be designed in such a way as to conform to and be in harmony with the characteristics of the surrounding neighborhood.
No sign shall create a hazard for vehicles or pedestrians, and all signs must be constructed so that drivers' lines of vision are not obstructed in any way.
Light lettering on a dark background is preferred.
To ensure legibility, a minimum number of words/symbols should be used to communicate the message. A maximum of seven words is preferred. Any symbol, logo, phone number, website, or street number is considered a word.
No sign shall have more than two sides.
Unless indicated otherwise, no sign shall extend more than 10 feet above ground level at the base of the sign, nor extend above the facade of the building to which it is attached.
No attached sign may extend more than four feet over the street right-of-way/property line.
Computations. The following principles shall control the computation of sign measurements.
Sign measurement shall be based upon the entire area of the sign, with a single rectangular perimeter enclosing the extreme limits of the actual sign surface.
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For a sign fixed to a building, the area shall be considered to include all lettering and accompanying designs or symbols, together with any background of a color different from the natural color of the finish material of the building upon which the sign is located.
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For a sign consisting of individual letters or symbols on a surface, canopy, awning, building, wall or window, the area shall be considered to be that of the smallest rectangle which encompasses all of the letters and symbols.
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Essential supporting framework (brackets, posts, standards) shall not be included in sign area calculations, provided it does not contain any lettering, wording, symbol or artwork.
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For signs with two faces or sides, the area shall be taken as the area of either face, provided that the faces are identical and back-to-back.
Nonconforming signs.
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.
Waiver. An owner of an existing approved and conforming sign who wishes to alter the content while maintaining the existing dimensions, height, lighting, color and texture of the sign may request a waiver from the sign permit approval process from the Code Enforcement Officer. A scaled graphic depiction, in color, showing the new sign must be filed with the Village prior to installation of the new sign.
Permit required.
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.
Permit procedures.
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:
Renderings of the sign as prepared by the manufacturer/design professional shall be submitted to the Code Enforcement Officer, or Planning Board when required, with exact measurements, color(s), material(s), and lighting specifications if applicable, of the proposed sign.
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.
Upon receipt of a completed application for a sign permit and the payment of the required fee when not in conjunction with a Planning Board application, but not longer than 10 days, the Code Enforcement Officer shall review the application to determine if the proposed sign is in compliance with all requirements of this § 230-20, and if so shall render approval. The Code Enforcement Officer shall issue the sign permit within 14 days in such circumstances. If not in compliance with the Code, the Code Enforcement Officer shall issue a denial of the permit request and notify the applicant of the following options:
Make modifications to and resubmit the application;
Planning Board review. If the sign is proposed in conjunction with a pending site plan and/or special use permit application, the Planning Board shall review and approve, approve with modifications, or deny the requested sign permit.
Sign location shall be reflected on the site plan.
If the property has an existing site plan and the only proposal is to add a new sign or to relocate a sign, a site plan reflecting the location of the proposed new sign or relocated sign shall be submitted.
When application for a sign permit is made in conjunction with a site plan and/or special use permit application, the Planning Board shall consider the application and shall approve, approve with modifications, or deny the application and notify the Code Enforcement Officer of its decision on this matter. If the sign permit is approved, the Code Enforcement Officer shall issue a sign permit within 14 days.
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.
Removal of certain signs. Any sign which no longer pertains to an existing business conducted or product sold on the premises shall be removed by the owner of the premises upon which the sign is located, within 30 days of when the sign is no longer valid. Any sign not so removed may be disposed of by the Village of Millbrook.
Prohibited signs. All signs not expressly permitted under this chapter or specifically exempt from regulation are prohibited in the Village of Millbrook. Such signs include, but are not limited to:
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.
Permit revocation and sign removal.
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.
Construction and maintenance.
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.
Substitution clause. Any sign authorized pursuant to this chapter may contain a noncommercial message in lieu of other copy.
Severability, conflicts with other provisions.
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.
§ 230-21 Satellite dish antennas.
A special permit shall be required for the erection of a satellite dish antenna subject to the following conditions:
Not more than one satellite dish antenna shall be allowed on any lot.
All satellite dish antennas shall be properly anchored as determined by the Zoning Enforcement Officer.
The construction and installation of satellite dish antennas shall conform to all applicable building codes and other regulations and requirements.
Satellite dish antennas shall be adequately grounded.
Subject to the provisions contained herein, satellite dish antennas shall be located only in the rear yard of any lot. If a usable satellite signal cannot be obtained from such rear yard, the antenna may be located on the side or front yard of the property subject to the requirements contained in this chapter. In the event that a usable satellite signal cannot be obtained by locating the antenna on the rear, side or front yard of the property, such antenna may be placed on the roof of the dwelling structure.
Satellite dish antennas shall be designed and located to minimize visual impact on adjacent property and roadways. The color of the antenna should be compatible with its surroundings. Black and green are colors are reported to have the least visual impact. Also, mesh discs have less visual impact than solid discs.
A landscaped evergreen planting screen shall be provided for any ground-mounted satellite dish antenna to screen it from the view of adjacent lots and public view.
A satellite dish antenna shall not be located less than 10 feet to any property line or easement.
A ground-mounted satellite dish antenna shall not exceed a grade height of 16 feet.
Wiring between a ground-mounted satellite dish antenna and a receiver shall be placed beneath the surface of the ground.
Roof-mounted satellite dish antennas shall not be mounted on chimneys, towers, spires or trees. Where practical, the antenna should be placed below the ridgepole of the roof.
§ 230-22 Stripping of topsoil.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which it shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.
§ 230-23 Accessory structures.
Unattached accessory structures in residential districts. Accessory structures which are not attached to a principal structure may be erected in accordance with the following requirements:
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.
Attached accessory structures in R Districts. When an accessory structure is attached to the principal building, it shall comply in all respects with the yard requirements of this chapter applicable to the principal building.
Accessory structures in other than R Districts. Accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory and shall be not closer to any rear property line than 10 feet.
§ 230-24 Cluster subdivisions.
Cluster subdivisions are permitted in all residential districts as follows:
The Planning Board may modify the zoning regulations in the above-named districts with respect to lot area and dimensions, and it may mandate cluster subdivisions if it finds that the application will accomplish one or more of the following open space purposes:
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.
In addition to the application requirements of the subdivision regulations, the applicant requesting approval for a cluster subdivision under this section shall submit to the Planning Board the following:
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.
The permitted number of dwelling units shall not exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, Chapter 201, Subdivision of Land, the Dutchess County Department of Health regulations and all other applicable standards. The basis for this determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property, plus such other information as may be required by the Planning Board.
The maximum permitted building height and the minimum permitted floor area requirements shall be the same as those normally applicable to other dwellings in the zoning district in which the property is located.
The dwelling units permitted may be detached or semidetached. The minimum lot area for detached dwellings shall be no less than 1/2 acre. The minimum lot area for semidetached dwellings shall be no less than 3/4 of an acre. These standards are the minimum applicable standards and shall be used at the discretion of the Planning Board. For each case, maximum lot coverage shall not exceed 25%.
Area of open space land. In the residence districts, the area of open space land shown on the cluster subdivision plat shall not be less than 1/2 of the minimum lot area requirement of the district in which the proposed cluster subdivision is located times the number of requested building lots.
Setbacks. On any building lot on an approved cluster subdivision plat in the residence districts, the standard setback requirements may be modified by the Planning Board. However, all perimeter lots shall have the same setbacks as the residence district in which the subdivision is situated.
The cluster subdivision shall result in the preservation of open space land with suitable access, shape, dimension, character, location and topography so as to be suitable, in the opinion of the Planning Board, for such use. Such open space land shall be shown on the subdivision plan and shall be labeled in a manner approved by the Planning Board to indicate that such land is not to be used for building lots or building development and is permanently reserved for open space purposes.
Open space land. The open space land shown on an approved cluster subdivision plat shall be considered a lot with area, dimensions and access as required by this chapter, shall not be subdivided and shall not be used for the construction of any new building or other structure.
The Planning Board, as a condition of plat approval, may establish such conditions of ownership, use and maintenance of land to be devoted to park, recreation or open space as deemed necessary.
Disposition. The method of preservation and disposition of the open space land shall accomplish the open space purposes and shall be subject to the approval of the Planning Board. The method used may included, but not be limited to, one or more of the following:
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.
Utilities.
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.
The provisions of § 7-725-a of the Village Law, as amended from time to time, shall apply to all cluster subdivisions.
§ 230-25 Multifamily dwellings.
Multifamily dwellings shall meet the following additional requirements:
Site plan approval. Site plan approval shall be required by the Village Planning Board.
Standards shall be as follows:
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]
[1]
Editor's Note: The Schedule is included at the end of this chapter.
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.
§ 230-26 Mobile home parks. [1]
Purpose. These conditions are to ensure high-quality living environments within mobile home parks and to achieve visual compatibility between mobile home parks and the prevailing conventional architecture.
Conditions.
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.
Mobile homes are not permitted on individual lots under any circumstances.
§ 230-27 Accessory apartments.
Legislative intent. A special permit may be granted by the Planning Board to permit accessory apartments. It is the specific purpose and intent of this provision to provide the opportunity for the development of small, rental dwelling units designed, in particular, to meet the special housing needs of single persons and couples of low- and moderate income, both young and old, and of relatives of families presently living in the Village of Millbrook. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Village's existing stock of dwellings to provide economic support for present resident families of limited income, to protect and preserve property values and to maintain the single family character of the residential districts of the Village of Millbrook without the over-utilization of the land.
To help achieve these goals and promote the objectives of the Village Development Plan,[1] a special permit is required to create a single apartment within a one-family dwelling, subject to the following provisions:
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.
[1]
Editor's Note: The Development Plan is on file in the Village offices.
A special permit is required to create an apartment which requires an addition to a one-family dwelling. If an addition is requested, it must comply with provisions in § 230-27B as well as the following:
All bulk regulations and coverage limitations of the Schedule of Lot and Bulk Requirements must be met.[2]
[2]
Editor's Note: The Schedule is included at the end of this chapter.
Design and construction of the addition must be compatible with the parent structure.
A special permit is required to create a detached accessory apartment in gatehouses, garages, barns or similar accessory structures, subject to the following provisions:
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 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.
A special permit is required for preexisting accessory apartments, subject to the following provisions:
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.
Term of permit.
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.
§ 230-28 Subdivisions.
§ 230-29 Home occupations.
The provisions of this section are to help provide peace, quiet and domestic tranquillity with all residential neighborhoods while recognizing that limited home occupational use can be useful to the general community as well as the resident-proprietor.
Permitted home occupations operated in any dwelling unit may be operated only if they comply with all of the following conditions:
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.
[Amended 1-14-2020 by L.L. No. 1-2020]
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.
The following uses are allowed provided that they comply with conditions set forth in Subsection B:
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.
Because of parking requirements and other issues of compatibility, the following uses are specifically prohibited as home occupations:
The following uses may be allowed in Rural (RU) and Low-Density Residential (RLD) Districts only, provided that the applicant applies for and satisfies conditions of a special permit as outlined in § 230-43.
§ 230-30 Overnight accommodations.
Overnight facilities may include inns or bed-and-breakfast facilities. The following regulations apply to each form of accommodation:
Inns are overnight accommodations similar to a small hotel. They must meet the following conditions:
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).
Bed-and-breakfast establishments are owner-occupied.
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.
Short-term rentals.
[Added 2-14-2024 by L.L. No. 2-2024]
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:
Person designated by host to act on host's behalf in the absence of the host.
The person who owns the property in the Village being offered for short-term rental.
A short-term rental where the owner is present on the property overnight during the period when guests are on-site for the short-term rental.
A short-term rental where the owner is not present on the property during the period when guests are on-site for the short-term rental.
The domicile and principal dwelling that a person inhabits and resides in for at least six months and one day out of the year. If title to the property is not held in the name of a natural person, then the following shall apply: if the property is held in the name of a trust, the person that inhabits the residence must be one of the grantors or a beneficiary of the trust who has the right to reside in the dwelling on the property under the terms of the trust; if the property is held by an entity other than a trust (corporation, limited liability company, partnership, etc.), the resident must be a majority owner of the entity.
A natural person(s) who is the main occupant or occupants of the property containing the short-term rental.
A single-family dwelling or two-family dwelling or portion thereof, or an accessory apartment, offered for rent or lease, for an occupancy of fewer than 31 consecutive days, the rates for which include lodging only, and no other commercial services are offered. A qualifying property is limited to the applicant's primary residence. The term "short-term rental" does not include bed-and-breakfast, group home, hotel/conference center, or inn, as regulated by the Village of Millbrook Zoning Code.
Presumption of dwelling unit as short-term rental property.
The presence of the following shall create a presumption that all or a part of the property is being used as a short-term rental:
The foregoing presumptions may be rebutted by documentary evidence presented to the Village Code Enforcement Officer (CEO) sufficient to show that the premises is not operated as a short-term rental.
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:
Permits issued for short-term rentals shall be limited to a maximum of 15 within the Village on an annual basis. Applications will be accepted on a first-come-first-served basis until 15 permits are issued. Subsequent applications will be placed on a waitlist. If and when there are fewer than 15 permits, the waitlist will be utilized starting with the application that has been on the waitlist the longest amount of time.
Permits shall be issued to a specific primary resident and are not transferrable or assignable. A primary resident is not eligible to possess more than one STR permit. The term of a permit shall be two years.
The property shall be designed, maintained, and operated to preserve and complement the residential appearance of the site and the existing character of the surrounding area. There shall be no change permitted to the residential character of the outside appearance of the building.
The host, for hosted STRs, or, the hosts' Agent as listed on the permit for nonhosted STRs, must be available at all times to respond in person, on-site, within one hour of notification to any issues that may arise regarding the condition, safety, operation, or conduct of guests of the STR. The contact information for the host and/or host's agent shall be provided to the Village via the short-term rental application at time of submission, and the permit holder shall update this contact information as needed during the term of the permit to ensure it is accurate and up to date.
There shall be no more than six occupants as lodgers of the STR at any given time, with a maximum of two occupants per bedroom, or if not on municipal water or sewer, the maximum capacity shall be determined by the septic capacity established by the Department of Health, not to exceed two occupants per bedroom. Maximum occupancy does not include children under five years of age.
The guest bedrooms of the STR shall be limited to the principal dwelling or one accessory building on the property, but never both. Any guest bedroom in an accessory building shall have access to sanitary facilities within that accessory building approved by the applicable authority.
The owner shall collect and preserve registration records for a minimum of three years.
A copy of the permit must be prominently displayed within the interior of the STR during the duration of its validity. The availability of the STR to the public shall not be advertised on the premises. The Village permit number must be included in the listing.
An annual satisfactory inspection from the CEO is mandatory prior to issuance of a permit. The owner shall arrange for and schedule such inspection directly with the CEO and give reasonable access for inspections to be conducted to ensure compliance with the provisions of the Village of Millbrook Code, the NYS Uniform Fire Protection and Building Code and Life Safety Code.
The STR property must comply with and meet all applicable NYS Uniform Building Codes.
There shall be one working smoke detector in each sleeping room and one additional smoke detector on each floor. Carbon monoxide detectors shall be installed as required by the New York State Uniform Fire Prevention and Building Code.
There shall be a five-pound ABC fire extinguisher on each floor and in the kitchen. Fire extinguishers shall be inspected prior to a renter occupying the property and no less than monthly by the permit holder(s) to ensure each contains a full charge. A record of the date inspected initialed by the permit holder shall be maintained and made available to the CEO upon request.
The house number shall be displayed both at the road and on the dwelling unit so that the house number is clearly visible from both road and the driveway.
Electrical systems shall be in good operating condition, labeled, unobstructed and shall be visible for the CEO during inspections. Any defects found shall be corrected prior to permit issuance. A current boiler or furnace service report, including a record of the date inspected, initialed by the permit holder, shall be maintained and made available to the CEO upon request.
Insurance standards. All STR permit holders must provide evidence of property hazard insurance and a certificate of liability insurance indicating the premises is rated for short-term rental and maintain such insurance throughout the term of the short-term rental permit. The amounts for the insurance coverage shall be set by the Village Board as part of the Village fee schedule(s).
Waste removal provisions shall be made for weekly garbage removal during rental periods. Garbage containers shall be secured with covers at all times to prevent leakage, spilling, or odors, and placed where they are not clearly visible from the road except at approximate pickup time.
STR guests and STR permit holders must have a written rental contract, which includes the following:
Maximum property occupancy;
Maximum on-site parking provided; and
Good Neighbor Statement stating:
Compliance and penalties.
Violations of this section or of any short-term rental permit issued pursuant to this section shall be subject to enforcement and penalties prescribed in this section and Article VII of this chapter.
If the Code Enforcement Officer either witnesses or receives a written complaint of an alleged violation of this section or a violation of the conditions of any short-term rental permit issued pursuant to this section, the CEO shall properly record such complaint and immediately investigate the report thereon. If the Code Enforcement Officer determines there is a violation of this section, the owners shall be notified in writing by both first-class mail and certified mail, return receipt requested of said violations and the CEO may take any or all of the following actions:
Impose additional conditions to the existing short-term rental permit.
Suspend the short-term rental permit. The notice of suspension shall be provided to the property owner and a copy filed with the Village Clerk.
Require corrective action that remedies the violation(s). The corrective action must be completed and approved within 30 days of notice from the Code Enforcement Officer or the owner risks revocation of the short-term rental permit.
Issue a court appearance ticket for violation of a Village law.
Revoke the STR permit. Should a permit be revoked, all owners of the property on which the STR exists are prohibited from obtaining an STR permit on the property for a period of one year after the date of revocation. The Code Enforcement Officer shall send notices of revocation to the property owners and shall file a copy with the Town Clerk.
A property owner found not to be in compliance with any section of this law will be subject to a monetary civil fine in accordance with the schedule below, in addition to any and all applicable remedies and penalties found in § 230-60 of the Village Code that do not conflict with this section.
At the time of passage of this law, applicants operating a short-term rental that is not the applicant's primary residence will be given a two-year grace period to meet this requirement (all other permit requirements must still be met before an applicant will be approved and a permit issued).
Renewal of permit.
Permits will automatically expire after a two-year term but may be renewed prior to expiration for a subsequent two-year term by permit-holders in good standing.
Renewal permits will be granted for an additional two-year term if the following conditions are met:
Application for renewal of the short-term rental permit shall be made no less than 30 nor more than 45 days prior to expiration of the current permit and be accompanied by the renewal fee.
At the time of application for renewal, the owner or designated agent must present the previous permit for short-term rental.
The property must undergo a new inspection performed by the CEO.
Any violations must be remedied prior to renewal of a permit for short-term rental.
Grounds for suspension or revocation of permit.
The Code Enforcement Officer may immediately suspend a short-term rental permit based on any of the following grounds:
Applicant has falsified or failed to provide information in the application for a permit or the application for permit renewal.
Applicant failed to meet or comply with any of the requirements of this chapter.
Applicant is in violation of any provision of the Code of the Village of Millbrook.
Applicant has been found guilty by a court of law of a violation of any provision of the Penal Code of the State of New York, which violation occurred at the property on which the STR exists, or is related to the occupancy of the STR.
Any conduct on the property on which the STR exists, which disturbs the health, safety, peace or comfort of the neighborhood or which otherwise creates a public nuisance.
Removal or disrepair of any safety devices such as, but not limited to, smoke and carbon monoxide detectors, fire extinguishers and egresses.
Appeals and hearings. The property owner is entitled to appeal the Code Enforcement Officer's determination to the Zoning Board of Appeals in accordance with § 230-69 of the Village Code when a property owner's application for a short-term rental permit or a short-term rental permit renewal is denied or a short-term rental permit is revoked. A notice of appeal shall be filed with the Village Clerk and the Zoning Board of Appeals within 60 days of the Code Enforcement Officer's filing of the denial or revocation with the Village Clerk.
§ 230-31 Veterinary clinics and commercial kennels.
Commercial kennels and veterinary clinics shall be permitted only upon compliance with the following additional regulations:
Minimum acreage of lot involved shall not be less than 10 acres.
Work spaces, runs, pens or other facilities shall be located within a completely enclosed, soundproof building, and such hospital or kennel shall be operated in such a manner as to produce no objectionable noise, odors or other nuisances beyond the boundaries of the site on which it is located. Such facility shall assure a buffer zone sufficient to prevent any crease in the average preexisting background noise levels on the site.
No building or other quarters shall be permitted within 250 feet of any public highway or property line.
All such quarters shall at all times be maintained in a sanitary condition.
§ 230-32 Boarding stables and riding and horse driving schools.
A special permit may be granted for the establishment of a boarding stable or commercial riding school in those districts where it is a special or permitted use. Such establishments may be used for the boarding and training of horses when the following conditions are met:
The minimum lot size shall be five acres.
The use of the property shall be limited to the keeping of one horse per each 2 1/2 acres of lot area.
No building in which animals are housed, riding ring, corral or manure storage area shall be located within 100 feet of any lot line or street right-of-way. Manure storage shall not exceed 10 cubic yards.
No horses shall be housed in any buildings used as a residence.
Front, rear and side yard areas shall be landscaped and screening provided, where necessary, to harmonize with the character of the neighborhood.
The property shall be so maintained that it will not create a nuisance and meets the applicable standards to prevent nuisances (see § 230-14).
Adequate buffer zones should be provided, including fencing, if necessary, to keep horses at least 100 feet from any surface water or wetlands area.
§ 230-33 Long-term care facilities.
Off-street parking and loading shall be provided as required by § 230-16. Parking requirements may be increased depending upon the needs of each particular use. Such parking areas shall be permanently improved, shall be located only in the side or rear yards and shall be set back at least 50 feet from any boundary which abuts a residence district and at least 10 feet in all other cases.
No structure shall be within 150 feet of any property line.
The entire site, except for areas covered by buildings, parking and loading areas and walks, shall be suitably landscaped as approved by the Planning Board. Suitable natural screening or buffer strips, walls or fencing shall be provided along the boundaries of parking and loading areas to protect adjacent properties from physical damage or nuisances. All landscaping shall be properly maintained during the period of use.
Exterior lighting shall not be used to illuminate the structure. Such lighting shall be used only along walkways and in the parking area for safety purposes and shall be shielded from view of all surrounding residence properties and from streets.
No more than one dwelling shall be permitted in the facilities. Such dwelling shall have at least 700 square feet of gross floor area and shall meet the appropriate off-street parking requirements.
§ 230-34 Cemeteries.
Cemeteries shall be allowed subject to the following additional regulations:
No interment shall take place within 100 feet of any street or property line. Such one-hundred-foot buffer area shall be suitably landscaped as to screen the cemetery from view insofar as is practicable.
Cemeteries shall have a minimum of five acres.
All cemeteries shall be subject to site plan approval by the Planning Board.
§ 230-35 Gasoline filling stations and automotive repair.
In no case shall a gasoline filling station or automotive repair facility be located nearer than 2,000 feet to any existing gasoline filling station or automotive repair facility or any site previously approved for such use and not as yet terminated as provided in this chapter. The distance shall be measured between the nearest two points located any place on the property boundaries on each parcel in question.
No gasoline filling station or automotive repair facility shall be located within 500 feet from any church, school or hospital, regardless of the district where either premises are located.
Pumps, lubricating and other dispensing devices, except air pumps, shall be located at least 50 feet from any adjoining lot line or street right-of-way.
All motor fuel, oil or similar substances shall be stored at least 25 feet distant from any adjoining lot line or street right-of-way. In addition, all motor fuel shall be stored underground and in conformity with the latest edition of the National Fire Codes.
Premises shall not be used for the display of automobiles, trailers, mobile homes, boats or other vehicles, unless specifically permitted by Planning Board site plan approval.
Insofar as possible, all repair work will be performed indoors.
All automobile parts, dismantled vehicles and similar articles shall be stored within a building.
No inoperative motor vehicle shall be kept on the premises of a motor vehicle service station for longer than two weeks.
§ 230-36 Garage sales.
Garage sales are allowed without special permit, provided that they meet 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.
Upon the approval of the Zoning Enforcement Officer, a seasonal temporary permit may be granted to a farmer in the Rural (RU) and Residential Low-Density Residential (RLD) Districts for a temporary or portable covered roadside stand, booth or shed for the retail sale of farm produce or home industry products, at least half of which shall have been produced on the premises and the remainder of which is offered for sale shall have been made or produced within the Village of Millbrook or Town of Washington.
Nothing in these regulations shall prevent a church, school, civic association or similar nonprofit organization from holding a fair, carnival, circus, horse show or similar event, for a period not exceeding 14 days, upon its premises, the profit of which is for the sole benefit of said applicant. Upon request, the Village Clerk may issue a permit to such organization located in the Village or Town of Washington to hold such an event upon premises other than those of the applicant.
§ 230-37 Alley development.
Provisions in this section apply only to the General Business (GB) District. They are intended to relax the strict interpretation of this chapter in certain situations so that small, pedestrian-oriented retail shops and craft outlets can be developed within the general business area.
The provisions of the Schedule of Lot and Bulk Requirements, can be waived by the Planning Board to allow planned pedestrian oriented business development within the General Business (GB) District.[1]
[1]
Editor's Note: The Schedule is included at the end of this chapter.
Alley commercial development must meet the following conditions:
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.
Alley commercial development shall be treated as a special permit and must meet the standards set forth in § 230-43.
§ 230-38 Business district design standards.
The attractiveness of Millbrook encourages economic stability and growth. The following procedures and standards are presented in order to promote the attractiveness and economic well being of the Village:
All sidewalks in the General Business (GB) District shall be constructed and repaired with concrete. Paving stones, slate, cobbles and brick may be substituted for concrete, but asphalt is strictly discouraged.
The use of natural wood, brick, stone or stucco materials is encouraged on new and rehabilitated structures in the general business district.
New and renovated buildings should be compatible with the prevailing architecture. Window patterns, roof pitch, color, materials and other factors should be considered in the design. Site plan applicants should be prepared to discuss and justify architectural compatibility.
The Village of Millbrook wants to maintain a safe and pleasant environment for pedestrians. Site plans should place a premium on the convenience to pedestrians and to linkage with the Village's system of sidewalks.
The Planning Board shall review design elements as an integral component of its assigned responsibilities. The Planning Board reserves the right to consult on matters of compatibility and other design elements with organizations such as the Millbrook Beautification Committee, Millbrook Restoration, Ltd. or with a professional architect.
§ 230-39 Public utilities.
The Planning Board may grant special permits for the construction, erection, installation and maintenance of structures and facilities of essential services upon the furnishing of proof of public necessity. Therefore, such proof shall require demonstration that the applicant is a duly constituted public utility, that the property site is necessary to enable the applicant to render safe and adequate service and that no alternative sites are available which could be used with less disruption of the zoning plan. The Planning Board, in granting such permit, may impose reasonable restrictions and conditions which will protect private property in the vicinity and promote the health, safety, morals and general welfare of the community.
Public utility substations and similar utility structures, where permitted, shall be surrounded by a fence set back from the property lines in conformance with the district bulk regulations. Any use permitted under this section shall conform to the standards of § 230-17, Landscaping, and § 230-14, Performance standards.
§ 230-40 Junkyards.
No person shall keep or maintain within the limits of the Village any hazardous materials, dump, refuse or junkyard without a Village permit.
A permitted junkyard must meet the following conditions:
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.
§ 230-41 Flammable liquids and hazardous materials.
The storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable liquid in aboveground tanks in an amount greater than 550 gallons shall be permitted only when such tanks up to and including 10,000 gallons' capacity are placed not less than 50 feet from all property lines and when all such tanks of more than 10,000 gallons capacity are placed not less than 100 feet from all property lines. Any such storage having a capacity greater than 550 gallons shall be properly diked with earthen dikes having a capacity of not less than 1 1/2 times the capacity of the tank or tanks surrounded.
The storage of hazardous materials shall comply with all applicable federal, state and local regulations as they be amended from time to time.
§ 230-42 Nonconforming uses.
Except as otherwise provided in this section, the lawfully permitted use of land or buildings existing at the time of the adoption of this chapter may be continued, although such use does not conform to the standards specified by this chapter for the zone in which such land or building is located. Said uses shall be deemed nonconforming uses.
Nonconforming use of land. Where no building is involved, the nonconforming use of land may be continued; provided, however, that:
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.
Nonconforming uses of buildings.
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.
Restoration of damaged buildings. If any nonconforming building or nonconforming use shall be destroyed by any means, it may be repaired or reconstructed to the same size and on the same location or at the location specified for new buildings in the district in which such use is located. All repairs or reconstruction for such nonconforming use shall be completed within two years of the date on which the destruction occurred.
Nonconforming uses subject to additional requirements. In order to bring about the gradual conformance of various incompatible uses to the requirements of this chapter, the following requirements are established:
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.
§ 230-42.1 Wireless communications and other communications services.
[Added 5-16-2000 by L.L. No. 2-2000]
Legislative purposes.
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:
Facilitating the provision of wireless telecommunications and other communications services to the residents and businesses of the Village while simultaneously preserving the character, appearance and aesthetic resources of the Village of Millbrook;
Minimizing the adverse visual effects of telecommunications towers and facilities through development of locational and approval criteria;
Protecting the scenic, historic, environmental, natural and man-made resources of the Village of Millbrook;
Preserving the property value of the community;
Minimizing the undue proliferation and height of communication towers throughout the community;
Avoiding potential harm to adjacent persons and properties from tower failure, noise, falling objects and attractive nuisances through set-back and height limitations; and
Encouraging the shared use of existing and approved towers in order to reduce the number of towers needed to serve the community where reasonably possible, so as to minimize and mitigate the adverse visual impacts of towers and their facilities.
These regulations are intended to be consistent with the Telecommunications Act of 1996 in that:
They do not prohibit, or have the effect of prohibiting, the provision of personal wireless services:
They are not intended to be used to unreasonably discriminate among providers of functionally equivalent services; and
They do not regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions.
Application of regulations. Telecommunications facilities regulated and covered under these regulations shall include personal wireless radio telecommunications facilities using an automated high-capacity system with two or more multichannel fixed-base stations arranged as part of an integrated "cellular" system providing radio telecommunications from the fixed (immobile) base stations to mobile stations. Such personal wireless radio telecommunications facilities employ low-power transmitting and receiving and automatic hand-off between base stations of communications in progress to enable channels to be reused at short distances for the purposes of voice, data or paging transmission. Cellular systems may also employ digital techniques such as voice encoding and decoding, data compression, error correction and time or code division multiple access in order to increase system capacities. Personal wireless radio telecommunications facilities (PWRT facilities) shall include cellular services, personal communication services (PCS), specialized mobile radio services, and paging services.
Definitions. As used in this section, the following terms shall have the meanings indicated:
A radio telecommunications service provided using a cellular system.
Radio telecommunications services that encompass mobile and ancillary fixed communications operating at 1.8 to 2.1 GHZ that provide services to individuals and businesses and can be integrated with a variety of competing networks.
A radio communication system in which licensees provide land mobile communication services in the 800 MHZ and 900 MHZ bands on a commercial basis to entities eligible to be licensed under 47 CFR 90, Federal Government Entities and individuals.
A numeric, text and voice messaging service.
The location of one or more PWRT facilities at a common site.
Those PWRT facilities as described herein which may be installed and operated subject only to the securing of a building permit for construction and a certificate of occupancy for operation from the Village Building Inspector upon furnishing the information and plans specified by the Building Inspector and this section.
A freestanding tower consisting of a single pole.
A freestanding tower supported by a series of interconnected struts or stanchions.
A device that converts radio frequency electrical energy to radiated electromagnetic energy and vice versa.
A stationary transmitter that provides radio telecommunications services to mobile and fixed receivers, including antennas.
A method or methods that would hide or conceal an antenna, supporting electrical or mechanical equipment, or any other support structure that is identical to or closely compatible with the color or appearance of the support structure so as to make the antenna and related equipment as visually unobstructive as possible.
Transmitting and receiving telecommunications facilities which are exempt from regulation under this section, and shall include:
Amateur radio and satellite facilities so long as such facilities are operated by a licensed amateur operator;
Civil emergency facilities; and
Home satellite facilities where installed on residential premises solely for the use of the residents of that premises and not offered for re-sale to off-premises locations.
As-of-right facilities.
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:
On monopole or lattice towers in existence prior to the date of this section anywhere in the Village so long as no change or alteration to the height or appearance of the existing structure is required.
On existing structures located anywhere in the Village so long as no part of the PWRT facility exceeds the height of the existing structure and so long as no change or alteration to the height or appearance of the existing structure is required.
Standards. An as-of-right PWRT facility shall meet the following additional standards and requirements:
Towers shall maintain a galvanized steel finish or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness.
Towers shall not be artificially lighted.
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color identical to or closely compatible with the color of the supporting structure.
Except for towers constructed and in use prior to the effective date of this section, towers which are no longer in service as part of a PWRT facility network shall be removed within 90 days of the cessation of the use of the tower.
If an as-of-right PWRT facility has no existing access road, the necessary access road shall meet or exceed the standards set for specially permitted facilities in Subsection E(1)(f) of this section.
The applicant shall port a security deposit or bond in an amount satisfactory to the Planning Board and in a form acceptable to the Village Attorney, to insure:
Data.
An application for approval of an as-of-right PWRT facility shall contain the following:
All the information ordinarily required by the Building Inspector for the issuance of the building permit.
A map of the proposed PWRT facility prepared in accordance with the requirements of § 230-44C(4) of the Zoning Law.
A report certifying the electromagnetic emissions from the PWRT facility will be within the threshold limits established by the Federal Communications Commission, and certifying that the proposed facility will not cause interference with existing communication devices.
Documentation of intent from the owner of the existing PWRT facility to allow collocation and shared used.
An engineer's report certifying that the proposed shared use of an existing structure or tower will not diminish the structural integrity and safety of the existing structure or tower.
A completed short EAF and a completed visual EAF addendum.
A copy of its Federal Communications Commission (FCC) license.
Upon installation of the PWRT facility, the applicant shall submit to the Building Inspector an as-built survey of the PWRT facility, including a certification as to the finished height above ground level of the structure, certified to the Village of Millbrook by a land surveyor or professional engineer, licensed to practice in the State of New York.
Specially permitted facilities.
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:
In addition to any other authority conferred under the Village Zoning Law, the Planning Board is authorized to attach the following conditions on the granting of a special permit/site plan approval for a PWRT facility;
Increased setback, sideline and rear line requirements.
Utilization of stealth techniques to minimize the visual impact of the facility.
Measures to secure the facility from intruders, including fences and chained entryways.
Security deposit or bonding in an amount acceptable to the Planning Board and in a form acceptable to the Village Attorney to insure:
The adequate construction of any access road to the facility.
The proper maintenance and continued vitality of the plantings and landscaping done to properly screen the tower compound from adjacent properties.
The removal of the tower and ancillary facilities upon abandonment or decommissioning by the applicant.
Reclamation of the tower site.
Collocation. Collocation is required of telecommunications facilities unless:
There are no other usable existing structures in the area for telecommunications facility services.
Collocation cannot achieve the minimum reasonable technical needs of the proposed telecommunications facility.
Structural or other engineering limitations, absent reasonable refurbishment, are demonstrated by clear and convincing evidence to be prohibitive.
The telecommunications facility, after thorough and good faith efforts disclosed to the Village, is unable to secure permission from the tower or structure owner to collocate.
The clustering of towers and structures on a common site should be considered if collocation cannot be facilitated.
Visual appearance.
Unless such a structure cannot achieve the applicant's purposes as disclosed in its application and supporting data, the Planning Board shall have the authority to require the applicant to furnish an alternative proposal using a tree-like structure or some other alternative structure at the proposed site rather than a conventional tower in order to better the least negative impact on the visual environment.
The height of any new tower shall be the minimum required to establish and maintain adequate service, but in no event shall the height of any new tower exceed three times the maximum building height for the zoning district in which the tower is to be located as shown in the Village Zoning Law.
All equipment shelters and accessory structures shall be architecturally uniform and no taller than 12 feet.
All equipment shelters used shall only be used for housing of equipment related to the particular facility on the particular site.
Materials and colors for a proposed utility structure(s) shall be of an appearance which is compatible with any surrounding structures and/or vegetation to the maximum extent practicable and as approved by the Planning Board.
All towers and monopoles shall be set back from all property lines, structures habitable by people on the same parcel as the tower or monopole or aboveground power lines, a distance equal to 150% of the height of the tower or the minimum setback requirement for the zoning district in which the tower or monopole is located, whichever is greater. Towers may be located on lots of less than the minimum acreage for the district so long as the PWRT facility is unmanned and can meet the setback, side line and rear line requirements set forth above.
No tower or monopole shall be located:
Closer than 300 feet on a horizontal plane to any structure, existing at the time of application, which is, or is able to be, occupied or habitable on the property of any school (both public and private).
Closer than 300 feet, on a horizontal plane, to an existing dwelling unit on a parcel other than the parcel on which the subject tower or PWRT facility is located, or any day-care center, hospital, nursing home, church, synagogue or other place of worship.
Subject to the provisions of Subsection E(1)(c)[1] and [2] above, the Planning Board shall determine appropriate distance setbacks from any school, power line, dwelling unit or other structures, whether on or off the parcel, on which a tower or monopole shall be based. Visibility of the tower or monopole from such structures and consideration for the safety of the users or occupants of such structures in the event of the structural failure of the tower or monopole shall also be considered.
Tower facilities shall be landscaped with a buffer or plant materials that effectively screen the view of the tower compound from adjacent properties. The standard buffer shall consist of a landscaped strip at least six feet wide outside the perimeter of the compound. The plantings shall consist of alternately spaced evergreens having a height of not less than six feet above the height of the ground elevation at the time of installation. The Planning Board may waive these landscaping requirements where the Board determines that the amount and type of existing on-site vegetation is adequate to fully screen the facility.
Existing mature trees and natural land forms on the site shall be preserved to the maximum extent possible.
The Planning Board shall review and approve the plans for construction of any access road or driveway for the facility and may require the preparation and implementation of an erosion and sedimentation control plan at the Board may deem appropriate after referral of the site plans to the Board's consulting professional engineer for recommendation. A road and parking plan shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made, provided said use is consistent with safety and aesthetic considerations. Road construction shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and soil erosion potential. Except to the extent that the Planning Board shall determine to apply its own road criteria as the same may exist from time to time, the applicant shall adhere to the standards for unpaved forest roads set forth in New York State Department of Environmental Conservation Unpaved Forest Road Handbook - ECH - 8409.11, as the same may be amended or revised from time to time.
Data.
In addition to the information required by §§ 230-43 and 230-44 of the Zoning Law, an application for approval under this section shall contain the following additional information:
A photo simulation of the proposed facility as seen from the north, south, east and west from the facility. The photo simulation shall be keyed to a location map.
An application for construction of a PWRT facility shall include a report certifying that the electromagnetic emissions from the PWRT facility will be within the threshold limits established by the Federal Communications Commission, and certifying that the proposed facility will not cause interference with existing communication services.
A certification by a licensed professional engineer as to wind loading and the ability of the supporting structure to accommodate the facility and any additional users.
A statement by the applicant as to all other alternative sites considered, including other alternative sites not owned or operated by the applicant in any area, and the reasons for the rejection.
A statement by the applicant that locating the facility in an as-of-right location is not practical or feasible and the reasons supporting that determination.
A graphic depicting the location of all of the applicant's existing wireless communication facilities located in or otherwise serving the Village of Millbrook.
A graphic depicting the geographic area to be served by the proposed facility.
A copy of the applicant's FCC operating license.
Documentation from an expert qualified in the field of telecommunications and radio frequency engineering showing that the tower and/or facility is needed to provide adequate coverage to an area of the Village that currently has inadequate coverage; including a sealed, graphical depiction of the inadequate coverage area.
Upon installation of the PWRT facility, the applicant shall submit to the Building Inspector an as-built survey of the facility, including a certification as to the finished height above ground level of the structure, certified to the Village of Millbrook by a land surveyor or professional engineer licensed to practice in the State of New York.
For applications involving tower construction or modification to accommodate a PWRT facility:
The applicant shall provide written documentation of any existing and planned facility sites in the Village of Millbrook and within a seven-mile radius of the proposed site, in which it has a legal or equitable interest, whether by ownership, leasehold or otherwise. For each such facility site, it shall demonstrate with written documentation that the facility site is not already providing, or does not have the potential to provide, adequate coverage and/or adequate capacity to the Village of Millbrook. The documentation shall include, for each facility site listed, the exact location (in longitude and latitude, to degrees, minutes and seconds), ground elevation, height of antennas on tower or structure, output frequency, number of channels, power input and maximum power output per channel. Potential adjustments to these existing facility sites, including changes in antenna type, orientation, gain or power output, shall be specified. Radial plots from each of these facility sites, as they exist, and with adjustments as above, shall be provided as part of the application.
The applicant shall demonstrate with written documentation that it has examined all facility sites, towers or structures located in the Village of Millbrook and within a seven-mile radius of the proposed site in which applicant has no legal or equitable interest to determine whether those existing facility sites can be used to provide adequate coverage and/or adequate capacity to the Village of Millbrook. The documentation shall include, for each facility site examined, the exact locution (in longitude and latitude, to degrees, minutes and seconds), ground elevation, height of tower or structure, type of antennas proposed, proposed antenna gain, height of proposed antennas on tower or structure, proposed output frequency, proposed number of channels, proposed power input and proposed maximum power output per channel. Radial plots from each of these facility sites, as proposed, shall be provided as part of the application. This report shall demonstrate good faith efforts to secure shared use from the owner of such then-existing tower or structure on which a PWRT facility is then located as well as documentation of the physical, technical and/or financial reasons why shared use is not practical in each case. Written requests and responses for shared use shall be provided.
The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters or non-tower-mounted PWRT facilities in conjunction with all sites listed in compliance with Subsection E(3)(a) and (b) to provide adequate coverage and/or adequate capacity to the Village of Millbrook. Radial plots indicating such consideration shall be provided as part of the application.
The applicant shall alto submit a three-year buildout plan for the proposed and other sites within the Village and within adjacent towns and villages, clearly demonstrating the applicant's plans for other structures, proposed application and building dates, and justification for additional structures. Additionally, the three-year buildout plan must take into consideration known and potential changes in technology.
An applicant for a new tower must demonstrate the structure's ability to handle additional collocators and must identify the maximum number of collocators which could be supported on the structure.
The applicant must submit documentation of intent from the owner and/or lessee of the facility to allow collocation and shared use.
Annual certifications. After the issuance of a special permit, the owner/operator of the facility shall annually (On January 1 of each year) provide certification to the Village of Millbrook independent licensed engineer (acceptable to the Planning Board) that the facility is operating in compliance with FCC emission standards and in compliance with the existing special permit and site plan.
Retention of experts and engineers. Should the Planning Board, the Village Board or the Zoning Administrator determine it necessary to retain the services of people within the requisite technical expertise to assist them in the making of the determinations required by this section or to perform any testing called for hereunder, they may retain such assistance and charge the cost thereof to the applicant. A deposit for the purpose of paying these expenses may be required of the applicant at the time of application for the special permit or building permit, as the case may be. If a deposit is not taken at the time of application and said costs are incurred thereafter, the applicant shall be charged for them and must pay said charges as a condition of retaining its special permit or as-of-right use.
Town of Washington proximity. In reviewing cell tower applications, the Village of Millbrook Planning Board will consider the impact on the Town of Washington and its cell tower regulations in case of proximity to the Village border.
§ 230-42.2 Mixed-use buildings within the GB Zone.
[Added 7-27-2010 by L.L. No. 3-2010]
Intent. A special permit may be granted by the Planning Board to permit mixed residential and nonresidential uses within multistory buildings within the GB Zoning District as part of a unified development on a single lot. It is the specific purpose and intent of this provision to provide the opportunity for the development of small, rental dwelling units designed, in particular, to meet the special housing needs of single persons and couples of low and moderate income, both young and old. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Village's buildings and to provide additional economic support to small business owners within the Village.
To help achieve these goals and promote the objectives of the Village, a special permit is required to establish a mixed-use building within the GB District, subject to the following provisions: