Millerton City Zoning Code
ARTICLE IV
District Regulations
§ 170-10 Application of regulations.
No building, structure or land shall hereafter be used and no building, structure or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations herein specified to the district in which it is located, except as hereinafter provided.
§ 170-11 General regulations.
A.
Building and structure height. No building or structure shall hereafter be erected or altered to exceed in height the limit designated for the district in which it is located.
B.
Space and area regulations. No building or structure shall be hereinafter erected; nor shall any existing building or structure be altered, enlarged or moved; nor shall any lot, yard, lot width, open space, loading or parking space required in relation to any building or structure or use be encroached upon or reduced in any manner not in conformity with the lot area, lot area per family, lot coverage, open space and building bulk regulations, yard requirements and other space and area regulations designated herein for the district in which it is located, unless such reduction is by a duly constituted public authority for a public purpose, where necessary.
C.
Yard as related to a building or structure. No part of a yard or other open space required appurtenant to any building or use shall be included as a part of a yard or other open space required for any other building on any other lot.
D.
Use of yards. Yards, as required herein, shall not be used for the storage of merchandise, equipment, building materials, junk, vehicles, vehicle parts or any other material or for signs except as specific provision is made therefor.
E.
Lots bordering major streams. No building permit shall be issued for the construction of any permitted principal or accessory use in any district within 75 feet of the normal water edge of the main stream and within 40 feet of the normal water edge of tributary branches of any streams in the Village of Millerton, unless specifically permitted by the Board of Appeals.
F.
Dumpsters.
[Added 12-15-1988 by L.L. No. 3-1988]
(1)
Dumpsters may be used as an accessory use for commercial, industrial or residential trash storage upon obtaining a permit from the Zoning Enforcement Officer, which shall be valid for a period of one year, and upon conformance with the following regulations:
[Amended 2-23-1998 by L.L. No. 1-1998]
(a)
Dumpsters shall be fully enclosed by an opaque fence or wall which shall be no lower than one foot above the top of the dumpster. Said fence or wall shall be constructed of material in good condition and kept in good repair. Where appropriate, landscaping may be required.
(b)
Dumpsters shall be locked at all times to prohibit unauthorized use.
(c)
The area around the dumpster shall be kept clean.
(d)
No trash will be permitted to be stored outside the dumpster.
(e)
Dumpsters shall be promptly emptied when full.
(2)
All nonconforming preexisting dumpsters shall comply with the requirements of this section within six months of the adoption of these regulations.
G.
Outdoor furnaces. Outdoor furnaces are not permitted in any zoning district.
[Added 2-17-2009 by L.L. No. 1-2009]
§ 170-12 Schedule of regulations.
Except as otherwise provided by this chapter, no building or structure or land shall be used nor shall any building or structure be built or altered except for the purposes specified in the following schedule.
§ 170-13 Low Density Residential - R1A.
A.
Permitted principal uses, buildings and other structures.
B.
Permitted accessory uses, buildings and other structures.
(1)
Accessory use of a building as defined herein.
(2)
Accessory buildings customarily associated with agriculture, including housing for agricultural labor on a site of not less than three acres. This shall not be construed to include buildings housing animals or fowl or in any other way accessory to animal husbandry.
(3)
In a one-family dwelling, the keeping of not more than two transient roomers and boarders.
(4)
Between the yards of a one-family dwelling, outdoor storage of not more than one of each of the following: boat, boat trailer, camp trailer, cargo trailer, motor home, each of which shall be owned for personal use by a person visiting or residing on the premises. None of the above shall be used for sleeping purposes for more than 30 days per year.
(5)
Home occupation as defined herein.
(6)
Between the yards of a one-family dwelling, a private garage or garages or open parking for operative passenger vehicles of persons residing or visiting on the premises.
(7)
Between the yards of a one-family dwelling, a playhouse, toolhouse or garden house.
(8)
Between the yards of a one-family dwelling, a private swimming pool not operated for gain.
(11)
Roadside farm stand for the sale of agricultural products produced on the premises, one per farm.
C.
Uses for which the Planning Board may issue a special permit in accordance with the provisions of §§ 170-23 and 170-24.
[Amended 9-13-1989 by L.L. No. 4-1989; 2-17-2009 by L.L. No. 2-2009]
(1)
Accessory apartment.
(2)
Boardinghouse.
(3)
Bus passenger shelter for which the Planning Board may waive the provisions of Subdivision D, below.
(4)
Church or parish house on a site of not less than two acres.
(5)
ECHO (Elder Cottage Housing Opportunity) unit.
(6)
Family homes or family care homes not to house more than four patients per dwelling unit. One additional patient may be housed for each 5,000 square feet the lot on which the dwelling unit is located exceeds the minimum required lot area per dwelling unit.
(7)
Mobile home park.
(8)
Nursery school on a site of not less than two acres.
(9)
Tourist home.
D.
Area, yard, coverage and height provisions. The area, yard, coverage and height provisions established by this section apply to all permitted uses in R1A Districts for which special criteria are not established elsewhere in this chapter.
(1)
Area per dwelling unit. The minimum area per dwelling unit shall be one acre.
(2)
Lot dimensions, interior lots. Except as specified otherwise, the minimum width at the front building line shall be 200 feet.
(3)
Lot dimensions, corner lots. Except as otherwise specified, the minimum width of the lot at the building line parallel to the street considered to be the front street shall be 210 feet.
(4)
Front yards, interior lots. No part of any dwelling building or structure shall extend nearer to the street line than 50 feet or nearer to the center line of the street line 75 feet, whichever distance requires the greater setback from the street line.
(5)
Rear yards, interior lots. There shall be a rear yard of not less than 25 feet except that in the case of through lots the front yard requirement specified by Subsection D(4) above shall be observed on both streets.
(6)
Side yards, interior lots. There shall be two side yards with a total width of not less than 30 feet. The width of the narrower of the two side yards shall not be less than 1/3 of the total width of the two side yards.
(7)
Yards, corner lots. In the case of a corner lot both yards abutting streets shall be considered front yards and be determined as provided in Subsection D(3) above. In addition, there shall be one rear yard with a minimum width of 25 feet and one side yard with a minimum width of 10 feet.
(8)
Height. No building shall exceed 35 feet in height.
(9)
Coverage. The maximum coverage shall be 7%.
E.
Location of driveways. No driveway center line shall intersect a street line less than 70 feet from the intersection of any two street lines.
F.
Clustering. Residential dwelling units may be clustered as provided in § 7-738 of Village Law. A density bonus not to exceed 20% more dwelling units than would ordinarily be permitted in the R1A District may be permitted by the Planning Board if central water and central sewers are provided and a minimum of 40% of the total land area of the development is preserved for recreation and/or open space use.
[Amended 2-23-1998 by L.L. No. 1-1998]
§ 170-14 Medium Density Residential - R20,000.
[Amended 9-13-1989 by L.L. No. 4-1989; 11-21-1994 by L.L. No. 1-1994; 4-19-2004 by L.L. No. 2-2004; 2-17-2009 by L.L. No. 2-2009; 1-21-2020 by L.L. No. 1-2020]
A.
Permitted principal uses, buildings and other structures.
B.
Permitted accessory uses, buildings and other structures.
(1)
Accessory use of building as defined herein.
(2)
In a one-family dwelling, the keeping of not more than two transient roomers and boarders.
(3)
Between the yards of a one-family dwelling, outdoor storage of not more than one of each of the following: boat, boat trailer, camp trailer, cargo trailer, motor home, each of which shall be owned for personal use by a person visiting or residing on the premises. None of the above shall be used for sleeping purposes for more than 30 days per year.
(4)
Home occupation as defined herein.
(5)
Between the yards of a one-family dwelling, a private garage or garages or open parking for operative passenger vehicles of persons visiting or residing on the premises.
(6)
Between the yards of a one-family dwelling, a playhouse, toolhouse or garden house.
(7)
Between the yards of a one-family dwelling, a private swimming pool not operated for gain.
C.
Uses for which the Planning Board may issue a special permit in accordance with the provisions of §§ 170-23 and 170-24.
(1)
Accessory apartment.
(2)
Adaptive reuse.
(4)
Cemetery.
(5)
Church or parish home on a site of not less than one acre.
(6)
Dwelling, multifamily, with a minimum acreage of two acres per dwelling.
(7)
ECHO (Elder Cottage Housing Opportunity) unit.
(8)
Family homes or family care homes not to house more than four patients per dwelling unit. One additional patient may be housed for each 5,000 square feet the lot on which the dwelling unit is located exceeds the minimum required lot area per dwelling unit.
(9)
Hospital, with accessory buildings and structures customarily associated therewith on a site of not less than five acres.
(10)
Medical and/or dental clinic.
(11)
Nursery school on a site not less than one acre.
D.
Area, yard, coverage and height provisions. The area, yard, coverage and height provisions established by this section apply to all permitted uses in R20,000 Districts for which special criteria are not established elsewhere in this chapter.
(1)
Area per dwelling unit served by central sewer. The minimum area per dwelling unit served by a central sewer shall be 20,000 square feet.
(2)
Area per dwelling unit not served by central sewer. The minimum area per dwelling unit not served by a central sewer shall be as determined by the Dutchess County Department of Health, but in no case less than 20,000 square feet.
(3)
Lot dimensions, interior lots served by central sewer. Unless otherwise specified, the minimum width of a lot served by a central sewer shall be 115 feet at the front building line.
(4)
Lot dimensions, interior lots not served by central sewer. Unless otherwise specified, the minimum width of a lot not served by a central sewer shall be 200 feet at the front building line.
(5)
Lot dimensions, corner lots served by central sewers. The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 125 feet for a lot served by a central sewer.
(6)
Lot dimensions, corner lot not served by central sewers. The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 210 feet for a lot not served by a central sewer.
(7)
Front yards, interior lots. No part of any dwelling building or permitted accessory structure shall extend nearer to the street line than 30 feet or nearer to the center line of the street than 55 feet, whichever distance requires the greater setback from the street line.
(8)
Rear yards, interior lots. There shall be a rear yard of not less than 25 feet except that in the case of through lots the front yard requirement specified by Subsection D(7) above shall be observed on both streets.
(9)
Side yards, interior lots. There shall be two side yards with a total width of 30 feet. The width of the narrower of the two side yards shall not be less than 1/3 of the total of the two side yards.
(10)
Yards, corner lots. In the case of a corner lot, both yards abutting streets shall be considered front yards and be determined as provided in Subsection D(7) above. In addition, there shall be one rear yard with a minimum width of 25 feet and one side yard with a minimum width of 10 feet.
(11)
Height. No building shall exceed 35 feet in height.
(12)
Coverage, lots served by central sewers. The maximum coverage of lots served by central sewers shall be 15%.
(13)
Coverage, lots not served by central sewers. The maximum coverage of lots not served by central sewers shall be 7%.
(14)
Substandard lots. A one-family dwelling may be constructed on a lot existing prior to this enactment not adjoined at the side by other unoccupied land in the same ownership having an area of less than 20,000 square feet, provided that the other requirements of § 170-14D are met.
(15)
Area per dwelling unit, multifamily dwelling served by central sewer. The minimum area per dwelling unit for multifamily dwellings of three or more dwelling units served by central sewer shall be 5,000 square feet.
§ 170-15 High Density Residential District - R10,000.
B.
Permitted accessory uses, building and other structures.
(1)
Accessory use of building as defined herein.
(2)
In a one-family dwelling, the keeping of not more than three transient roomers and/or boarders.
(3)
Between the yards of a one-family dwelling, outdoor storage of not more than one of each of the following: boat, boat trailer, camp trailer, cargo trailer, motor home, each of which shall be owned for personal use by a person visiting or residing on the premises. None of the above shall be used for sleeping purposes for more than 30 days per year.
(4)
Home occupation as defined herein.
(5)
Between the yards of residential structures or buildings, garages or open parking for operative passenger vehicles of persons visiting or residing on the premises.
(6)
Between the yards of a one-family dwelling, a playhouse, toolhouse or garden house.
(7)
Between the yards of a one-family dwelling, private swimming pool not operated for gain.
C.
Uses for which the Planning Board may issue a special permit in accordance with the provisions of §§ 170-23 and 170-24.
[Amended 9-13-1989 by L.L. No. 4-1989; 2-17-2009 by L.L. No. 2-2009]
(1)
Accessory apartment.
(2)
Bus passenger shelter.
(3)
Boardinghouse and/or rooming house.
(4)
Church or parish house.
(5)
Clinic, dental.
(6)
Clinic, medical.
(7)
Clubhouse.
(8)
Dwelling, multifamily.
(9)
Dwelling, row or townhouse.
(10)
ECHO (Elder Cottage Housing Opportunity) unit.
(11)
Nursery school.
(12)
Nursing or convalescent home.
(13)
Private or commercial automobile parking lot on land directly abutting a business district at the side or rear, provided that no part of such lot extends more than 400 feet beyond the boundary line of such business district or extends into a front yard or extends closer to the side line of the lot than 50 feet, and provided that wherever abutting other than commercial property the parking lot is to be densely planted to trees and shrubs for a depth of not less than 25 feet.
(14)
Sanitarium, sanitorium.
D.
Area, yard, coverage and height provisions. The area, yard, coverage and height provisions established by this section apply to all permitted uses in R10,000 Districts for which special criteria are not established elsewhere in this chapter.
(1)
Area per dwelling unit served by central sewer. The minimum area per dwelling unit served by central sewer shall be 10,000 square feet.
(2)
Area per dwelling unit not served by central sewer. The minimum area per dwelling unit not served by a central sewer shall be as determined by the Dutchess County Department of Health, but in no case less than 10,000 square feet.
(3)
Area per dwelling unit, multifamily, row or townhouse dwelling served by central sewer. The minimum area per dwelling unit for multifamily, row or townhouse dwellings of three or more dwelling units served by central sewer shall be 5,000 square feet.
(4)
Area per dwelling unit, multifamily, row or townhouse dwelling not served by central sewer. The minimum area per dwelling unit for multifamily, row or townhouse dwelling not served by central sewer shall be as determined by the Dutchess County Department of Health, but in no case less than 5,000 square feet.
(5)
Lot dimensions, interior lots served by public sewers. The minimum width of an interior lot served by public sewers at the front building line shall be 80 feet.
(6)
Lot dimensions, interior lots not served by public sewers. The minimum width of an interior lot not served by public sewers at the front building line shall be as determined by the Dutchess County Department of Health, but in no case less than 80 feet.
(7)
Lot dimensions, corner lots served by public sewers. The minimum width of a corner lot served by public sewers at the building line parallel to the street considered to be the front street shall be 94 feet.
(8)
Lot dimensions, corner lots not served by public sewers. The minimum width of a corner lot not served by public sewers at the building line parallel to the street considered to be the front street shall be as determined by the Dutchess County Department of Health, but in no case less than 94 feet.
(9)
Front yards, interior lots. Dwelling structures: no part of any dwelling building or structure shall extend nearer to the street line than 30 feet or nearer to the center line of the street than 55 feet whichever distance requires the greater setback from the street line.
(10)
Rear yards, interior lots. Dwelling structures: There shall be a rear yard of not less than 25 feet except that in the case of through lots the front yard requirement specified by Subsection D(9) shall be observed on both streets.
(11)
Side yards, interior lots. Single-family dwelling: There shall be two side yards with a total width of not less than 24 feet or a single family dwelling, located on an interior lot. The minimum width of any side yard shall not be less than 1/3 of the total of the two side yards.
(12)
Side yards, interior lots. Two-family dwelling: There shall be two side yards with a total width of not less than 30 feet for a two family dwelling located on an interior lot. The minimum width of any side yard shall not be less than 1/3 of the total of the two side yards.
(13)
Side yards, interior lots. Semidetached dwellings: There shall be one side yard of 15 feet for each semidetached dwelling located on an interior lot.
(14)
Side yards, interior lots. Multifamily dwellings of three or more dwelling units: There shall be two side yards having a total width of not less than 36 feet plus six additional feet for each dwelling unit in excess of three contained in a building for multifamily dwelling units or residential hotels located on interior lots. The width of the narrower of the two side yards shall not be less than 1/3 of the total width of the two side yards. However, any side in excess of 60 feet accumulated under the above schedule may be applied as additional width for one or more outer courts which, to start with, are not less than 35 feet wide or 35 feet deep.
(15)
Side yards, row or townhouse dwellings. There shall be two side yards per group of row or townhouse dwellings having a total width of not less than 36 feet plus six additional feet for each dwelling in excess of three included in the group or row located on an interior lot. The total width of the two side yards shall be equally distributed between the two side yards.
(16)
Yards, corner lots. Dwelling structures: In the case of a corner lot both yards abutting streets shall be considered front yards and be determined as provided in Subsection D(9). In addition, there shall be one rear yard with a minimum width of 25 feet and one minimum side yard specified for the class of dwelling building to be located on the corner lot as specified in Subsection D(11), (12), (13), (14) or (15) above.
(17)
Front yards, interior lots. Nondwelling structures: No part of any nondwelling structure shall extend nearer to the street line than 50 feet or nearer to the center line of the street than 75 feet, whichever distance requires the greater setback from the street line.
(18)
Rear yards, interior lots. Nondwelling structures: There shall be a rear yard of not less than 35 feet except that in the case of a through lot the front yard requirement specified in Subsection D(17) above shall be observed on both streets.
(19)
Side yards, interior lots. Nondwelling structures: Unless otherwise specified each nondwelling structure shall have two side yards with a total width of not less than 60 feet. The width of the narrower of the two side yards shall not be less than 1/3 of the total of the two side yards.
(20)
Yards, corner lots. Nondwelling structures: In the case of a corner lot, both yards abutting streets shall be considered front yards and be determined as provided in Subsection D(17) above. In addition, there shall be a rear yard with a minimum width of 35 feet and a side yard with a minimum width of 20 feet.
(21)
Height. No building shall exceed 35 feet in height.
(22)
Coverage. The maximum coverage of lots shall be 25%.
(23)
Substandard lots. A one-family dwelling may be constructed on a lot existing prior to the date of this enactment not adjoined at the side by other unoccupied land in the same ownership having an area of less than 10,000 square feet, provided that the other requirements of Subsection D are met.
(24)
Location of driveways. No driveway shall intersect a street line less than 70 feet from the intersection of any two street lines.
§ 170-16 General Business District - GB.
A.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by § 170-24.
B.
Permitted principal uses, building and other structures.
(1)
Residential use only if clearly secondary to a principle commercial use.
(2)
Apparel and accessory stores.
(3)
Bakery employing not more than five persons.
(4)
Bank.
(5)
Bar or tavern.
(6)
Boardinghouse and/or rooming house.
(7)
Church.
(8)
Clinic, dental.
(9)
Clinic, medical.
(10)
Clubhouse.
(11)
Credit agencies other than banks.
(12)
Drug store.
(13)
Financial establishments.
(14)
Food stores.
(15)
Funeral home.
(16)
Furniture store.
(17)
General merchandise store.
(18)
Grocery store.
(19)
Hardware store.
(20)
Home furnishings and equipment store.
(21)
Hotel.
(22)
Insurance carriers, agents and brokers and services.
(23)
Legal services.
(24)
Library.
(25)
Medical and other health services.
(26)
Miscellaneous business services.
(27)
Miscellaneous repair services.
(28)
Miscellaneous retail stores, including the making of articles to be sold at retail on the premises, provided that any such manufacturing or processing shall be incidental to a retail business and not more than five persons shall be employed in such manufacturing or processing.
(29)
Motion picture theater other than drive-in.
(30)
Office, business.
(31)
Office, professional.
(32)
Personal service establishment.
(33)
Restaurant, excluding drive-in.
(34)
Theater.
C.
Permitted accessory uses, buildings and other structures.
(1)
Accessory buildings and structures customarily associated with the principle permitted use.
D.
E.
Bulk, coverage and yard provisions.
(1)
Bulk. The maximum floor area ratio permitted shall be 0.3.
(2)
Coverage. The maximum lot coverage permitted shall be 30% of the land area as defined herein.
(3)
Yards. All buildings and structures constructed on lots which abut nonbusiness districts shall be located as to conform in respect to the abutting yard width with the side or rear yard requirements as the case may be for the district against which the lot abuts.
F.
Fire-resistant construction. All buildings constructed in General Business District - GB shall be of fire-resistant construction as defined herein.
G.
Location of driveways. No driveway center line shall intersect a street line less than 70 feet from the intersection of any street line.
§ 170-17 Planned Residential/Business District.
[Added 8-12-1996 by L.L. No. 1-1996]
A.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by § 170-24.
B.
Permitted principal uses, building and other structures.
C.
Permitted accessory uses, buildings and other structures.
(1)
Accessory buildings and structures customarily associated with the principal permitted use.
E.
Bulk, coverage and yard provisions.
(1)
Bulk. The maximum floor area ratio permitted shall be 0.3.
(2)
Coverage. The maximum lot coverage permitted shall be 30% of the land area as defined herein.
(3)
Yards. All buildings and structures constructed on lots which abut nonbusiness districts shall be located as to conform in respect to the abutting yard width with the side or rear yard requirements as the case may be for the district against which the lot abuts.
(5)
Front yards, interior and corner lots. Thirty-foot setbacks from the center line of the road or the existing setback of extant building, whichever is the greater distance.
(6)
Parking space location. All parking will be located to the rear of buildings.
F.
Fire-resistant construction. All buildings constructed in Planned Residential/Business District shall be of fire-resistant construction as defined herein.
G.
Location of driveways. No driveway center line shall intersect a street line less than 70 feet from the intersection of any street line.
H.
Landscape treatment. All properties shall be appropriately landscaped, particularly at the front. Properties abutting nonbusiness districts shall be planted to shrubs and trees for a width of not less than 15 feet on the side and rear property lines.
§ 170-18 Limited Business District.
[Added 8-12-1996 by L.L. No. 1-1996]
A.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by § 170-24.
B.
Permitted principal uses.
(1)
Commercial greenhouse and plant nursery, including sales yard.
(2)
Farmers' market.
(3)
Medical and dental clinic.
(4)
Motel.
(5)
Restaurant.
(6)
Outdoor recreational facilities.
(7)
Salesroom or shop of a builder, contractor or artisan, provided that no equipment is stored out-of-doors unless enclosed and screened from view by fences not less than six feet in height.
(8)
Sports facilities.
(9)
Storage facilities (well screened).
(10)
Theater playhouse.
C.
Permitted accessory uses, buildings and other structures.
(1)
Accessory buildings and structures customarily associated with the principal permitted use.
E.
Area, yard, height, parking space location, coverage and bulk requirements. The area, yard, coverage and height provisions established by this section apply to all permitted uses in the Limited Business District for which special criteria are not established elsewhere in this chapter.
(1)
Area per establishment. Unless otherwise specified, the minimum land area per establishment shall be one acre.
(2)
Lot dimensions, interior lots. Except as otherwise specified, the minimum width of an interior lot at the front building line shall be 200 feet.
(3)
Lot dimensions, corner lots. Except as otherwise specified, the minimum width of a corner lot at the building line parallel to the street considered to be the front street shall be 240 feet.
(4)
Front yards, interior lots. On interior lots, there shall be a front yard 50 feet in depth into which space line shall be no encroachment of structures other than a fence or wall not in excess of six feet in height, or a sign not larger than 20 square feet, and no encroachment of commercial usage.
(5)
Rear yards, interior lots. There shall be a rear yard of not less than 50 feet, except that in the case of through lots, the front yard requirement specified by five above shall be observed on both streets.
(6)
Side yards, interior lots. There shall be two side yards with a total width of 60 feet. The width of the narrower of the two side yards shall not be less than 1/3 of the total width of the two side yards.
(7)
Yards, corner lots, In the case of a corner lot, both yards abutting streets shall be considered front yards and be determined as provided in Subsection E(4) above. In addition, there shall be one rear yard with a minimum width of 50 feet and one side yard with a minimum width of 20 feet.
(8)
Height. No building shall exceed 35 feet in height.
(9)
Parking space location. All automobile parking shall be to the side or rear of the building and no parking space shall extend nearer to any property line than 20 feet.
(10)
Coverage. The maximum coverage shall be 30%.
(11)
Bulk. The maximum floor area ratio shall be 0.30.
F.
Fire-resistant construction. All building construction in the Limited Business District shall be of fire-resistant construction as defined herein.
G.
Entrances and exits upon public streets.
(1)
Number and spacing. There shall be no more than one entrance and one exit per establishment on any individual public street and the distance between any entrance and exit center line, if separate, shall not be less than 100 feet in any instance.
(2)
Width. No entrance or exit shall have a width greater than 50 feet.
(3)
Location. The center line of any such entrance or exit shall not intersect any street line less than 70 feet from the intersection of any two street lines.
H.
Landscape treatment. All properties shall be appropriately landscaped, particularly at the front. Properties abutting nonbusiness districts shall be planted to shrubs and trees for a width of not less than 15 feet on the side and rear property lines.
§ 170-19 Highway Business District I - HB-I.
A.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by § 170-24.
B.
Permitted principal uses, buildings and other structures.
(1)
Automobile laundry.
(2)
Automobile sales area.
(3)
Amusement and recreation facilities, indoor.
(4)
Eating and drinking establishments, excluding drive-in.
(5)
Furniture store.
(6)
Home furnishing and equipment store.
(7)
Ice storage and vending (three tons' or less capacity).
(8)
Miscellaneous business services.
(11)
Restaurant, excluding drive-in.
(12)
Theater.
C.
Permitted accessory uses, buildings and other structures.
(1)
Accessory buildings and structures customarily associated with the principal permitted use.
D.
Uses for which the Planning Board may issue a special permit in accordance with the provisions of §§ 170-23 and 170-24.
[Amended 2-17-2009 by L.L. No. 2-2009]
(1)
Drive-in business, including drive-in outdoor theater subject to the additional provisions of § 170-27.
(2)
Shopping center in accordance with an integrated site and architectural plan to be approved by the Planning Board as provided by § 170-24 and which may include uses permitted elsewhere in this section and/or:
(a)
Apparel and accessory store.
(b)
Bakery employing not more than five persons.
(c)
Bank.
(d)
Bar or tavern.
(e)
Clinic, dental.
(f)
Clinic, medical.
(g)
Credit agencies other than banks.
(h)
Drug store.
(i)
Financial establishment.
(j)
Food stores.
(k)
General merchandise store.
(l)
Grocery store.
(m)
Hardware store.
(n)
Insurance carriers, agents, brokers and services.
(o)
Laundry, coin-operated, dry cleaner.
(p)
Legal service.
(q)
Miscellaneous retail store, including the making of articles to be sold at retail on the premises, provided that any such manufacturing or processing shall be incidental to a retail business and not more than five persons shall be employed in such manufacturing or processing.
(r)
Miscellaneous service.
(s)
Motion picture theater other than drive-in.
(t)
Office, business.
(u)
Office, professional.
(v)
Personal service establishment.
(w)
Real estate establishment.
(x)
Repair and machine shop.
(y)
Security and commodity brokers, dealers and service.
E.
Area, yard, height, parking space location, coverage and bulk requirements. The area, yard, coverage and height provisions established by this section apply to all permitted uses in HB-I Districts for which special criteria are not established elsewhere in this chapter.
[Amended 2-23-1998 by L.L. No. 1-1998]
(1)
Area per establishment. Unless otherwise specified the minimum land area per establishment shall be one acre.
(2)
Lot dimensions, interior lots. Except as otherwise specified the minimum width of an interior lot at the front building line shall be 200 feet.
(3)
Lot dimensions, corner lots. Except as otherwise specified the minimum width of a corner lot at the building line parallel to the street considered to be the front street shall be 240 feet.
(4)
Area per shopping center. The minimum area of a shopping center for which the Planning Board may issue a special permit as provided by Subsection D is five acres.
[Amended 2-17-2009 by L.L. No. 2-2009]
(5)
Lot dimensions, shopping center. The minimum width of the front building line of a lot for a shopping center for which the Planning Board may issue a special permit as provided by Subsection D is 400 feet.
[Amended 2-17-2009 by L.L. No. 2-2009]
(6)
Front yards, interior lots. On interior lots there shall be a front yard 80 feet in depth into which space line shall be no encroachment of structures other than a fence or wall not in excess of six feet in height, or a sign not larger than 20 square feet, and no encroachment of commercial usage other than parking space for not more than 25 cars.
(7)
Rear yards, interior lots. There shall be a rear yard of not less than 50 feet except that in the case of through lots, the front yard requirement specified by Subsection E(6) above shall be observed on both streets.
(8)
Side yards, interior lots. There shall be two side yards with a total width of 60 feet. The width of the narrower of the two side yards shall not be less than 1/3 of the total width of the two side yards.
(9)
Yards, corner lots. In the case of a corner lot both yards abutting streets shall be considered front yards and be determined as provided in Subsection E(6) above. In addition, there shall be one rear yard with a minimum width of 50 feet and one side yard with a minimum width of 20 feet.
(10)
Height. No building shall exceed 35 feet in height.
(11)
Parking space location. No automobile parking space shall extend nearer to any property line than 20 feet.
(12)
Coverage. The maximum coverage shall be 20%.
(13)
Bulk. The maximum floor area ratio shall be 0.20.
F.
Fire-resistant construction. All building construction in a Highway Business District - HB shall be of fire-resistant construction as defined herein.
G.
Entrances and exits upon public streets.
(1)
Number and spacing. There shall be no more than one entrance and one exit per establishment on any individual public street, and the distance between any entrance and exit center line, if separate, shall not be less than 100 feet in any instance.
(2)
Width. No entrance or exit shall have a width greater than 50 feet.
(3)
Location. The center line of any such entrance or exit shall not intersect any street line less than 70 feet from the intersection of any two street lines.
H.
Landscape treatment. All properties shall be appropriately landscaped, particularly at the front. Properties abutting nonbusiness districts shall be planted to shrubs and trees for a width of not less than 15 feet on the side and rear property lines.
§ 170-20 Highway Business District II - HB-II.
A.
Site plan approval. All uses permitted in this section shall be subject to site plan approval as provided by § 170-24.
B.
Permitted principal uses, buildings and other structures.
(1)
Auto body shop.
(2)
Automobile sales area.
(3)
Amusement and recreation facilities.
(4)
Boat, boat trailer and marine accessory sales and rental.
(5)
Building materials sales, including lumber yards.
(6)
Cargo trailer, camping trailer sales and rental.
(7)
Commercial greenhouse and plant nursery, including office and sales yards.
(8)
Construction equipment sales and rental.
(9)
Farm machinery sales and rental.
(10)
Ice storage and vending (three tons' or less capacity).
(11)
Miscellaneous business services.
(12)
Mobile home sales lot.
(14)
Restaurant, excluding drive-in.
(15)
Salesroom or shop of a builder, contractor or artisan, provided that no equipment is stored out-of-doors unless enclosed and screened from view by fences not less than six feet in height.
(16)
Transportation terminal.
(17)
Warehouse.
(18)
Wholesale business.
C.
Permitted accessory uses, buildings and other structures.
(1)
Accessory buildings and structures customarily associated with the principal permitted use.
D.
E.
Area, yard, height, parking space location, coverage and bulk requirements. The area, yard, coverage and height provisions established by this section apply to all permitted uses in HB-II Districts for which special criteria are not established elsewhere in this chapter.
[Amended 2-23-1998 by L.L. No. 1-1998]
(1)
Area per establishment. Unless otherwise specified the minimum land area per establishment shall be one acre.
(2)
Lot dimensions, interior lots. Except as otherwise specified the minimum width of an interior lot at the front building line shall be 200 feet.
(3)
Lot dimensions, corner lots. Except as otherwise specified the minimum width of a corner lot at the building line parallel to the street considered to be the front street shall be 240 feet.
(4)
Front yards, interior lots. On interior lots there shall be a front yard 80 feet in depth into which space line shall be no encroachment of structures other than a fence or wall not in excess of six feet in height, or a sign not larger than 20 square feet, and no encroachment of commercial usage other than parking space for not more than 25 cars.
(5)
Rear yards, interior lots. There shall be a rear yard of not less than 50 feet except that, in the case of through lots, the front yard requirement specified by Subsection E(4) above shall be observed on both streets.
(6)
Side yards, interior lots. There shall be two side yards with a total width of 60 feet. The width of the narrower of the two side yards shall not be less than 1/3 of the total width of the two side yards.
(7)
Yards, corner lots. In the case of a corner lot both yards abutting streets shall be considered front yards and be determined as provided in Subsection E(4) above. In addition, there shall be one rear yard with a minimum width of 50 feet and one side yard with a minimum width of 20 feet.
(8)
Height. No building shall exceed 35 feet in height.
(9)
Parking space location. No automobile parking space shall extend nearer to any property line than 20 feet.
(10)
Coverage. The maximum coverage shall be 20%.
(11)
Bulk. The maximum floor area ratio shall be 0.20.
F.
Fire-resistant construction. All building construction in a Highway Business District - HB-II shall be of fire-resistant construction as defined herein.
[Amended 2-23-1998 by L.L. No. 1-1998]
G.
Entrances and exits upon public streets.
(1)
Number and spacing. There shall be no more than one entrance and one exit per establishment on any individual public street and the distance between any entrance and exit center line, if separate, shall not be less than 100 feet in any instance.
(2)
Width. No entrance or exit shall have a width greater than 50 feet.
(3)
Location. The center line of any such entrance or exit shall not intersect any street line less than 70 feet from the intersection of any two street lines.
H.
Landscape treatment. All properties shall be appropriately landscaped particularly at the front. Properties abutting nonbusiness districts shall be planted to shrubs and trees for a width of not less than 15 feet on the side and rear property lines.
§ 170-21 Land Conservation District - LC.
A.
Permitted principal uses, buildings and other structures.
(1)
Agriculture.
(2)
Athletic field.
(3)
Bathing beach.
(4)
Forest nurseries, tree seed gathering and extracting and gathering of gums and barks.
(5)
Forestry services.
(6)
Game preserve.
(7)
Golf course.
(8)
Handball court.
(9)
Logging camp.
(10)
Parks, public and private.
(11)
Playground.
(12)
Public use.
(13)
Public utilities installations, including electric transmission lines.
(14)
Rod and gun clubs.
(15)
Ski tow.
(16)
Swimming pool.
(17)
Tennis court.
(18)
Toboggan run.
(19)
Wildlife preserve.
B.
Permitted accessory uses, buildings and other structures.
(1)
Accessory buildings and structures customarily associated with the principal permitted uses, provided that it can be proven that the structure would not be located within a floodplain.
C.
Uses for which the Planning Board may issue a special permit in accordance with the provisions of §§ 170-23 and 170-24.
[Amended 9-13-1989 by L.L. No. 4-1989; 2-17-2009 by L.L. No. 2-2009]
D.
Area, yard, height and coverage requirements. The area, yard, coverage and height provisions established by this section apply to all permitted uses in Land Conservation LC Districts for which special criteria are not established elsewhere in this chapter.
(1)
Area per establishment. Except as otherwise specified the minimum area per establishment shall be one acre.
(2)
Front yard. There shall be a front yard of not less than 80 feet in depth into which space there shall be no encroachment of building construction or automobile parking.
(3)
Side and rear yard. No building or structure or automobile parking space shall be placed closer to a side or rear property line than 50 feet.
(4)
Height. No building shall exceed 35 feet in height.
(5)
Coverage. The maximum coverage permitted shall be 5%.
E.
Location of driveways. No driveway center line shall intersect a street line less than 70 feet from the intersection of any two street lines.
§ 170-22 Industrial District - M.
A.
Site plan approval. All uses permitted in this section shall be subject to site plan approval as provided by § 170-24.
B.
C.
Permitted accessory uses, buildings and other structures.
(1)
Accessory buildings and structures customarily associated with the principal permitted uses.
E.
Industrial performance standards. Industrial districts are established to provide for those uses whose activities do not usually constitute a fire hazard or emit smoke, glare, noise, odor or dust or in other ways constitute a nuisance or be detrimental to neighboring properties. For the purposes of this chapter, nuisances are defined in Subsection E(1) through (6) below.
(1)
Noise. It shall constitute a nuisance for any person, firm or corporation to permit the emission of measurable noises as measured at the individual property lines to exceed 70 decibels during the periods between 6:00 a.m. and 10:00 p.m. or 60 decibels during the periods between 10:00 p.m. and 6:00 a.m., except that if the sound level exceeds these established levels for a period not to exceed six minutes in any 60 minutes and then does not exceed these established levels by more than 10%, a nuisance shall not be deemed to exist.
(2)
Smoke. It shall constitute a nuisance for any person, firm or corporation to permit the emission of smoke from any source whatever of a density equal to or greater than that density described as No. 2 on the Ringelmann Chart as published by the United States Bureau of Mines, except that if the density of smoke exceeds that described as No. 2 on the Ringelmann Chart for a period not longer than four minutes in any single period of 60 minutes, a nuisance shall not be deemed to exist.
(3)
Odor. It shall constitute a nuisance for any person, firm or corporation to permit the emission of any odor that as measured at the individual property line offensively affects the sense of smell.
(4)
Particulate matter. The rate of emission of particulate matter from all manufacturing processes within the boundaries of any lot shall not exceed a net figure of two pounds per hour per acre, of which no more than 10% by weight of particles larger than 44 microns (325) mesh shall be allowed.
(5)
Noxious gases. It shall constitute a nuisance for any person, firm or corporation to permit or cause the escape of such quantities of noxious acids, fumes or gases in such a manner and concentration as to endanger the health, comfort and safety of any person or cause or have a tendency to cause injury or damage to property, business or vegetation.
(6)
Glare. It shall constitute a nuisance for any person, firm or corporation to permit the edge of the beam of any artificial light source to cross the boundary line of the lot on which this light source is situated. For this purpose the edge of the beam is defined as the surface at which the intensity of light does not exceed 10% of the luminescence of the center of the beam.
F.
Area, yard, coverage, height and bulk requirements. The area, yard, coverage and height provisions established by this section apply to all permitted uses in M Districts for which special criteria are not established elsewhere in this chapter.
(1)
Area per establishment. Except as specified otherwise, the minimum area per establishment shall be three acres.
(2)
Lot dimensions. Except as specified otherwise, the minimum width of the lot at the front building line shall be 300 feet.
(3)
Front yards. No part of any building or structure shall extend nearer than 60 feet to the side line of the street or 85 feet from the center line of the street, whichever requires the greater setback from the street line. No automobile parking space shall extend closer to the street line than 20 feet.
(4)
Rear yards. There shall be a rear yard of not less than 35 feet.
(5)
Side yards. There shall be two side yards each having a width of not less than 35 feet.
(6)
Height. No building shall exceed 35 feet in height.
(7)
Coverage. The maximum coverage shall be 60%.
(8)
Bulk. The maximum floor area ratio shall be 1.8.
G.
Entrances or exits upon public streets.
(1)
Spacing. The distance between the center line of any adjacent entrance or exit from an establishment shall be not less than 100 feet.
(2)
Width. No entrance or exit shall have a greater width than 50 feet.
(3)
Location. The center line of any entrance or exit shall not intersect the street line less than 70 feet from the intersection of any two street lines.
H.
Fire-resistant construction. All building construction in an Industrial District M shall be of fire-resistant construction as defined herein.
I.
Landscape treatment. A property abutting a nonindustrial or nonbusiness district at the side or rear shall be planted to shrubs and trees for a width of 15 feet on such abutting property line.
§ 170-23 Standards for special permits.
[Amended 2-23-1998 by L.L. No. 1-1998; 2-17-2009 by L.L. No. 2-2009; 1-21-2020 by L.L. No. 1-2020]
A.
Procedure.
(1)
Application to the Zoning Enforcement Officer. As provided by § 170-57, application for a zoning permit shall be made to the Zoning Enforcement Officer prior to the commencement of the excavation for or the construction of any building or structure or the use of land. If, upon receipt of such application, the Zoning Enforcement Officer determines that the excavation, construction or use of land for which the application is made requires the issuance of a special permit, he shall, within five days of its receipt, forward the application to the Planning Board.
(2)
Action of the Planning Board. After a public hearing and after site plan approval (§ 170-24), if required, the Planning Board may authorize the Zoning Enforcement Officer to issue a special permit for buildings, structures or uses of land as provided in this chapter.
(3)
Notice and hearing.
(a)
Hearing. The Planning Board shall fix a reasonable time for the hearing of any application for a special permit.
(b)
Notice. The Planning Board shall give public notice for the hearing of any application for a special permit by the publication in the official paper of a notice of such hearing at least five days prior to the date thereof and shall, at least five days prior to such hearing, mail notices thereof to the parties and to the Regional State Park Commission having jurisdiction over any state park or parkways within 500 feet of the property affected by such appeal. Notice of such an application for a special permit shall also be given by registered mail at least five days prior to the date of the hearing to all persons, firms or corporations owning property or residing within 200 feet of the location of the property upon which the use is proposed to be established.
(c)
Decision and costs. Upon the hearing, any party may appear in person or by agent or by attorney, and the Planning Board shall decide the application for a special permit within 62 days after the final hearing as provided by Village Law § 7-712 or § 7-725. All costs of such publication and notice shall be paid by the applicant.
(4)
Referral to the Dutchess County Planning Department. In accordance with the policy and procedures provided for by Chapter 24, Article 12B, §§ 239-l and 239-m of the General Municipal Law, the issuance of any special permit affecting real property within 500 feet of the boundary of the Village of Millerton or from the boundary of any existing or proposed county or state park or other recreational area or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway or from the existing or proposed right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines or from the existing or proposed boundary of any state-owned land on which a public building or institution is situated shall be referred to the Dutchess County Planning Department. The term "proposed" shall be deemed to include only those recreational areas, parkways, thruways, expressways, roads or highways which are shown on a County Plan of Dutchess County adopted pursuant to § 239-d(2) of the General Municipal Law or adopted as an Official Map of Dutchess County pursuant to § 239-g of the General Municipal Law. If the Dutchess County Planning Department fails to report within 30 days after receipt of a full statement of such referred material, the Planning Board may act without such report. If the Dutchess County Planning Department recommends a disapproval or modification of a special permit, the Planning Board may not act contrary to such disapproval or modification except by a vote of a majority plus one of all members thereof and after the adoption of a resolution setting forth the reasons for the contrary action.
B.
Standards. Such special permits, however, may be authorized by the Planning Board only upon satisfaction in each instance of such conditions as to the general character, height and use of structure or structures; as to the provision of surrounding open space and the treatment of grounds; as to the general fitness of the structure or use to its proposed location; as to the provision for automobile parking or storage; and as to street capacity and use, which, in the opinion of the Planning Board, may be necessary to safeguard public health, comfort, convenience and as may be required for the preservation of the general character of the neighborhood in which such building and/or structure is to be placed or such use is to be conducted. Specifically, the standards established by §§ 170-12 through 22 and 170-25 through 170-47 shall be applied as they may be applicable to a specific request for a special permit. To assist the Planning Board in its determination, an application for a special permit shall be accompanied by plans and other descriptive matter sufficient to clearly portray the intentions of the applicant, and such plans and other descriptive matter shall become a part of the record.
C.
The Planning Board is authorized to hear and decide applications for special permits as specified in this chapter and to authorize issuance of special permits as specifically provided herein. A majority vote of the members of the Planning Board shall be necessary to grant a special permit.
D.
Termination and abandonment of a special permit. A use requiring a special permit shall be considered to be abandoned and the permit terminated when among other circumstances:
(1)
The intent of the owner to discontinue the use is apparent;
(2)
The equipment and furnishings used in furtherance of the special permit have been removed from the premises;
(3)
The original use has been changed to another use by a variance from the Zoning Board of Appeals or a special permit from the Planning Board; or
(4)
The building has not been occupied for a period of one year.
E.
In the Medium Density Residential (R - 20,000) Zoning District, the adaptive reuse of structures shall be performed in such a way so as to complement the character of the existing neighborhood and which is not more harmful or objectionable to the neighborhood than the nonconforming use from which it has changed. The applicant shall be required to provide the Planning Board with the report of a licensed engineer demonstrating the structure for which adaptive reuse is proposed can be repurposed for such proposed new use.
F.
For uses involving an adaptive reuse conversion of a nonresidential structure, the Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the nonresidential use is consistent with the guidelines in the paragraph above.
§ 170-24 Procedures and standards for site plan approval.
B.
Procedure.
(1)
Application to Zoning Enforcement Officer. As provided by § 170-57, application for a permit shall be made to the Zoning Enforcement Officer prior to the commencement of the excavation for or the construction of any building or structure or the use of land. If, upon receipt of such application, the Zoning Enforcement Officer determines that the permit for the excavation, construction or use of land shall not be issued without the approval of a site plan by the Planning Board, he shall, within five days of its receipt, forward the application for permit to the Planning Board.
(2)
Action of the Planning Board.
(a)
Meeting with applicant. Upon receipt of the application, the Planning Board shall notify the applicant, in writing, of the place, date and time of the meeting of the Planning Board at which the application is to be considered and request the applicant's presence to discuss the application.
(b)
Disposition of application by Planning Board. Within 60 days of the receipt of the application and after the applicant has had the opportunity of meeting with the Planning Board, the Planning Board shall approve, approve with modifications or disapprove the site plan. The decision of the Planning Board shall be expressed in the report to the Zoning Enforcement Officer, which report shall be binding. A copy of said report shall be mailed to the applicant at the address indicated on the application.
C.
Facts to be considered in site plan approval.
(1)
In acting on any proposed site plan of development, the Planning Board shall take into consideration the requirements of the Village Development Plan adopted by said Board and the Official Map as it may be adopted by the Village Board. The Planning Board shall also consider the proposed location of main and accessory buildings on the site and their relation to one another, traffic circulation within the site, height and bulk of buildings, provision of off-street parking space, provision of buffer areas and other open spaces on the site and display of signs, so that any development will adequately handle pedestrian and vehicular traffic within the site in relation to the street system adjoining and will harmoniously and satisfactorily fit in with contiguous land and buildings and adjacent neighborhoods.
(2)
In addition, the Planning Board shall consider facts such as drainage, road alignment and other engineering aspects of such site plan, and may require the review of such factors by engineering authorities appointed by the Village.
D.
Material to be submitted by applicant.
(1)
Vicinity map. This map shall be drawn at the scale of 2,000 feet to the inch or larger and show the relationship of the proposal to existing community facilities that may affect or serve it, such as roads, shopping areas, schools, etc. It shall also show all properties, subdivisions, streets and easements within 500 feet of the property on which the use for which application is made is proposed to be situated. Such a sketch may be superimposed on a United States Geological Survey (USGS) map of the area.
(2)
Topographic map. This map of the property on which the use for which application is made and proposed to be situated shall be drawn at the scale of 100 feet to the inch or larger and shall show existing topography of a contour interval of not more than five feet. This map shall also show the location of pertinent natural features that may influence the design of the proposed use such as watercourses, swamps, rock outcrops and single trees eight or more inches in diameter.
(3)
Site plan. This map of the property on which the use for which application is made is proposed to be situated shall be drawn at the same scale as the topographic map required by Subsection D(2) above and shall show the location of all automobile parking and all parking for commercial vehicles while loading and unloading, the location and width of all driveways, exits and entrances, the location of any outdoor storage areas, the location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences, provide a description and the location of sewage disposal facilities, show the location and size of all signs, the location of proposed buffer areas, the design of lighting facilities and the amount of building area proposed for retail sales use, if any.
(4)
Elevation and/or sections. The site plan required by Subsection D(3) above shall be accompanied by elevations and/or sections at the same or larger scale as required for the site plan drawn in sufficient detail to delineate clearly the bulk and height of all buildings and other structures included in the proposal for which application for a permit is made.