No mobile home shall be located closer to the street line or any other property line than 100 feet.

Individual mobile homes shall be placed on a lot area of not less than 6,000 square feet with a minimum width of 60 feet.

No mobile home or portion thereof shall be placed any closer to any other mobile home or portion thereof than 35 feet.

Water supply and sewage disposal shall be provided in a manner approved by the Dutchess County Health Department.

Such mobile homes may be exempted from minimum floor area requirements.

It shall be unlawful within the Village for any person or persons to construct or operate a mobile home park without first securing a written license from the Village Board and complying with the regulations of this chapter.

The application for such annual license or renewal thereof shall be filed with the Village Clerk and shall be accompanied by a fee set by the Village Board. The fee schedule is on file and available at the Village Hall. Thereafter, each mobile home shall be assessed on the tax rolls of the Village against the mobile home park owners in accordance with § 102 of the New York Real Property Tax Law.

The application for a license or renewal thereof shall be made on forms prescribed by the Village and shall include the name and address of the owner in fee of the tract (if the fee is vested in some person other than the applicant, a duly verified statement by the person that the applicant is authorized by him to construct or maintain the mobile home park shall accompany the application). Each license or renewal thereof shall expire on the 30th day of April following the issuance thereof. An application for renewal of license shall be made 30 days prior to its expiration.

A license or renewal shall not be issued until the park or park site has first been checked by the Zoning Enforcement Officer for verification that the park or park site complies with the regulations of this chapter.

Notwithstanding any of the above provisions, a mobile home park consisting of three mobile homes or less shall not be required to obtain a license or pay a fee; but all other regulations of this section shall apply.

Boundaries of plot areas.

Entrances, exits and walkways.

Mobile home sites or lots.

Method and plan of sewage disposal.

Method and plan of garbage and refuse disposal.

Water supply.

Electric lighting.

Owner's and operator's name and address.

A mobile home park or house trailer camp shall have an area of not less than 10 acres, and no mobile home lot or office or service building shall be closer to the street line or other property line than 50 feet. Margins along the side and rear property line of the mobile home park shall be planted with at least one row of deciduous and/or evergreen trees spaced not more than 40 feet apart. The minimum height of plantation must be three feet.

A mobile home park or house trailer camp shall be located on a well-drained site suitable for the purpose with all roads paved or covered with calcium chloride to a width of at least 24 feet.

Individual mobile home lots shall have an area of not less than 6,000 square feet with a minimum width of 60 feet.

No mobile home or portion thereof shall be placed closer to any other mobile home or portion thereof than 35 feet.

The total number of mobile home lots shall not exceed six per gross acre.

Water supply.

Sewage disposal. Waste from each mobile home shall be wasted into a public sewer system in a manner approved by the Dutchess County Health Department or into a private sewer system and disposal plant or septic tank approved by the same Department.

Refuse disposal.

Storage. Storage space within a building shall be provided in an amount equal to at least 80 square feet for each mobile home lot in the mobile home park.

Maintenance.

Registration.

Inspection. Before any park commences operation, the Zoning Enforcement Officer shall make an inspection of the premises to determine that all requirements of this chapter shall have been complied with and issue a certificate of occupancy. No use shall be permitted until such a certificate has been issued.

Revocation or suspension of license.

Parking spaces.

Snow removal. Roads shall be kept free of snow by the licensee.

Recreation. Each mobile home park shall set aside an area for recreational use not less than 10% of the total land area of the park.

Permanent off-street automobile storage, parking or standing space shall be provided as set forth below at the time of the erection of any building or structure and at the time any building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area or before conversion from one zoning use or occupancy to another. Such space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. Except in a driveway, no required front yard or portion thereof in any residential district shall be utilized to provide parking space required in this chapter.

If the vehicle storage space or standing space required by this chapter cannot be reasonably provided on the same lot on which the principal use in conducted, the Board of Appeals may permit such space to be provided on other off-street property, provided that such space lies within 400 feet of the main entrance to such principal use. Such vehicle parking space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

Vehicle parking or storage space maintained in connection with an existing and continuing principal building, structure or land use on the effective date of this chapter shall be continued and may not be counted as serving as a new building, structure, addition or land use, nor shall any required parking space be substituted for an off-street loading and unloading space, nor any required loading and unloading space be substituted for parking space.

The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use shall not be assigned to another use at the same time, except that 1/2 of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sunday may be assigned to a use which will be closed at night or on Sunday.

No off-street automobile parking or storage space shall be used or designed, arranged or constructed to be used in a manner that will obstruct or interfere with the free use of any street, alley or adjoining property.

The parking spaces provided along with their necessary driveways and passageways shall be paved in a manner adequate to eliminate dust and mud problems. Plans for such parking spaces are to be included with the plans for the construction of buildings and other structures and are to be presented to the Zoning Enforcement Officer at the time application for building permits are to be filed. Such parking areas are kept free of obstructions and unsightly objects. Intersections of parking areas with sidewalks of street pavements must be made in an approved manner. Provision must be made for the adequate drainage of parking areas.

No commercial motor vehicle of more than a one-ton capacity shall be parked or stored overnight on the street in any residential district.

Amusement facilities: one parking space for every five customers computed on the basis of maximum servicing capacity at any one time, plus additional space for every two persons regularly employed on the premises.

Apartment houses (multifamily dwellings, row houses or townhouses and apartment hotels): one and one-half parking spaces for each dwelling unit.

Auditoriums: one parking space for every five seats occupied at maximum capacity.

Boardinghouses: one parking space for each sleeping room occupied by roomers or boarders, plus one parking space for each dwelling unit on the premises, plus one additional space for every two persons regularly employed on the premises.

Bowling alleys: as listed under amusement facilities.

Churches: as listed under auditorium.

Civic centers: parking or storage space for all vehicles used directly in the operation of such establishment, plus 5.5 parking spaces per 1,000 square feet of floor area.

Clubhouses and permanent meeting places of veterans, business, civic, fraternal, labor and other similar organizations: one parking space for every 50 square feet of aggregate floor area in auditorium, assembly hall and dining room of such building, plus one additional space for every two persons regularly employed on the premises.

Colleges (educational institutions): one parking space for every five seats occupied at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the campus. If the institution has no assembly hall, auditorium or gymnasium, one parking space shall be provided for each person regularly employed at such institution, plus five additional spaces for each classroom.

Dental clinics: three parking spaces for each doctor or dentist, plus one additional space for every two regular employees.

Dormitories: one parking space for every two beds computed on the basis of the maximum bed capacity of the structures. This requirement is in addition to the parking space as set forth under colleges.

Eating establishments: one parking space for every 100 square feet of total floor area.

Electrical shops: parking or storage space for all vehicles used directly in the conduct of the business, plus one parking space for each two persons regularly employed on the premises.

Fraternity houses: as listed under dormitories.

Freight terminals: parking or storage space for all vehicles used directly in the business, plus one parking space for each two persons regularly employed on the premises.

Funeral homes: parking or storage space for all vehicles used directly in the conduct of the business, plus one parking space for every two persons regularly employed on the premises and one space for every six seats in the auditorium or chapel at such establishment. If the establishment does not have a chapel or auditorium, the additional parking to be required for funeral visitors shall be determined by the Board of Appeals based on the number of funerals that can be handled at one time, the size of the facilities and other relevant factors.

Hospitals: one parking space for every two beds intended for patients, excluding bassinets.

Indoor retail or service business: parking or storage space for all vehicles used directly in the conduct of such business, plus 5.5 parking spaces per 1,000 square feet of floor area.

Industrial plants and facilities: parking or storage space for all vehicles used directly in the conduct of such industrial use, plus one parking space for every two employees on the premises at the maximum employment on a single shift.

Junior high schools (secondary): one parking space for every five seats occupied at maximum capacity in the assembly hall, stadium or gymnasium of greatest capacity on the school grounds or campus. If the school has no assembly hall, auditorium, stadium or gymnasium, one parking space shall be provided for each person regularly employed at such school, plus two additional spaces for each classroom.

Medical clinics: as listed under dental clinics.

Mobile homes: two parking spaces for each mobile home.

Mobile home parks: as required in § 170-33.

Motels: as required in § 170-34.

Nursing home: one parking space for every two beds computed on the basis of the maximum bed capacity of the structure. This requirement is in addition to the parking space requirements for hospitals.

Offices: one parking space for every 200 square feet of office space.

Outdoor retail business: parking or storage space for all vehicles used directly in the conduct of such business, plus one parking space for every two persons employed on the premises in maximum seasonal employment and such additional space as may be required by the Board of Appeals based on the nature of the business and other related factors.

Plumbing shops: as listed under electrical shop.

Post offices: as listed under civic centers.

Private schools: as listed under junior high schools.

Public assembly: as listed under auditoriums.

Public school (elementary): one parking space for each person regularly employed at such school, plus one additional space for each classroom.

Public garage, motor vehicle repair: indoor or outdoor parking or storage space for all vehicles used directly in the conduct of such business, plus three parking spaces for each person regularly employed on the premises.

Recreational centers and facilities: as listed under amusement facilities.

Repair shops: as listed under electrical shops.

Residences (one-family, two-family and semidetached dwellings): two parking spaces for each dwelling unit; dwelling unit with home occupation, four parking spaces.

Restaurants: as listed under eating establishments.

Roofing shops: as listed under electrical shops.

Rooming houses: as listed under boardinghouse.

Self-service laundries and/or dry cleaning plants: one parking space for every two washing machines and/or two dry-cleaning machines.

Senior high school (secondary): as listed under junior high schools.

Service establishment: as listed under indoor retail or service business.

Service station, motor vehicle: parking or storage space for all vehicles used directly in the conduct of the business, plus one parking space for each gas pump, three spaces for each grease rack and one space for every two persons employed on the premises at maximum employment on a single shift.

Sorority house: as listed under dormitories.

Stadium: as listed under auditorium.

Swimming pool: as listed under amusement facilities.

Tavern: as listed under eating establishments.

Theater: as listed under auditorium.

Transportation terminal: one parking space for every 100 square feet of waiting room space, plus one additional space for every two persons regularly employed on the premises.

Trucking terminal: as listed under freight terminals.

Warehouse: as listed under freight terminals.

Wholesale business: parking or storage space for all vehicles used directly in the conduct of such business, plus one parking space for each two persons employed on the premises based on maximum seasonal employment.

On the same premises with every building or structure or part thereof hereafter erected and occupied for the purpose of business, trade or industry, there shall be provided and maintained adequate space for the parking of commercial vehicles while loading and unloading off the street or public alley. Such space shall have access to a public alley or, if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking space.

Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property. Off-street loading and unloading space shall be provided as set forth below at the time of erection of any building or structure and/or at the time any building or structure is enlarged or increased in capacity.

Freight terminals: one off-street loading and unloading space at least 12 feet by 55 feet by 14 feet high for every 5,000 square feet of total floor space area.

Hotels: one off-street loading and unloading space at least 12 feet by 35 feet by 14 feet high.

Hospitals: one off-street loading and unloading space at least 12 feet by 35 feet by 14 feet high in addition to any necessary emergency unloading space for ambulances.

Indoor markets: one off-street loading and unloading space at least 12 feet by 55 feet by 14 feet high for every 7,500 square feet or less of total floor area.

Industrial plants: one off-street loading and unloading space at least 12 feet by 55 feet by 14 feet high for every 10,000 square feet of total floor area or as required by the Board of Appeals.

Retail Business: as listed under indoor markets.

Service establishments: as listed under indoor markets.

Trucking terminals: as listed under freight terminals.

Warehouse: as listed under freight terminals.

Wholesale storage facilities: as listed under freight terminals.

No permit shall be issued for an excavation covering an area of more than five acres.

No permit shall be issued for a period of more than three years, except that upon application and after the procedure described in § 170-23 has been reinitiated and completed, a permit may be issued for an additional three-year period or portion thereof.

No permit shall be issued unless the applicant provides a plan of reclamation to be effected before termination of operations meeting with the approval of the Board of Appeals. Such plan shall provide for the restoration of the premises through grading, seeding, sodding and other means to the end that the premises are left in a safe and attractive condition. Insofar as is practical, the plan will provide for the return of the premises to natural slopes and eliminate gullies and holes. Operations shall not be permitted below the water table; however, in the event that ponds are created during operations, care will be exercised that these do not become public nuisances. Insofar as it is possible, operations will not be permitted to disturb the natural drainage pattern of the area; however, if such does occur, the plan of reclamation shall provide for the restoration of the natural drainage pattern of the area. To assist the Board of Appeals in its deliberations, the applicant shall provide a topographic survey prepared by a licensed professional engineer or a licensed land surveyor showing the existing contours and the contours proposed to be established at the conclusion of the operation, such contours to be shown at two-foot intervals.

No permit shall be issued unless a performance bond payable to the Village of Millerton satisfactory to the Village Board as to the form and manner of execution and in an amount estimated by the Board of Appeals necessary to effect the plan described in Subsection (3) above has been posted with the Village Clerk. Said bond shall not be released until a certificate of completion has been issued by the Zoning Enforcement Officer certifying that the Plan of Restoration described in Subsection (3) above, including any conditions imposed by the Board of Appeals, has been executed.

Existing quarries, sand or gravel pits. Any quarry, sand or gravel pit existing at the time of the enactment of this chapter shall be discontinued within two years from the date of the adoption of this chapter; however, upon the expiration of this period, application may be made to the Board of Appeals for a permit as provided by Subsection B(1) through (4) inclusive.

No excavation, blasting or stockpiling of materials shall be located within 300 feet of any public road or other property line.

No power activated sorting machinery shall be located within 600 feet of any public road or other property line and all such machinery shall be equipped with satisfactory dust elimination devices.

All excavation slopes in excess of 50% shall be adequately fenced as determined by the Zoning Enforcement Officer.

Extension of a nonconforming quarrying operation shall not be permitted.

Major excavating, grading or filling as herein defined shall not be permitted except with the approval of the Board of Appeals.

Intent. The regulation of signs and the standards established are intended to protect the public health, welfare and safety of the community and the residents therein; to improve the community's visual appearance; to promote an attractive business environment; to maintain the rural nature of the community and to encourage the installation of appropriate signs that harmonize with the buildings, the neighborhood and other signs in the area.

Sign permit approval required. No sign or other advertising device shall be erected, constructed, displayed, moved, reconstructed, extended, enlarged or altered except in conformity with the provisions of these regulations and as expressly approved by the Zoning Enforcement Officer in the sign permit approval process.

Sign permits are required for all signs except:

Sign permit applications must be submitted to the Zoning Enforcement Officer for review and approval. The Zoning Enforcement Officer shall approve or deny the sign permit application within 14 days of the receipt of the completed application. If, however, the Zoning Enforcement Officer determines that other permits or approvals are needed from the Planning Board (e.g., site plan approval or a special permit), he shall approve or deny the sign permit application within 14 days of having been notified that the other permits or approvals have been granted. Proposed signs must conform to the provisions of these regulations, unless a variance is obtained from the Zoning Board of Appeals.

The application shall contain the proposed size, type and location of all signs and buildings constructed or proposed to be constructed. The size, type and location of existing signs on the property should also be stated.

The fees for a sign application will be set by the Village Board. A fee schedule is available and on file in the Village Hall.

Violations of the sign regulations shall be dealt with as set forth in § 170-60. However, prior to doing so, the Zoning Enforcement Officer shall notify the owner of the premises, by certified mail, of the violation and require compliance within seven days. In addition to the remedies set forth in § 170-60 and upon failure to comply with the aforesaid notice within the prescribed time, the Zoning Enforcement Officer is hereby authorized to remove or cause removal of such sign and shall assess all costs and expenses incurred in said removal against the land or buildings on which said sign is located.

Illumination.

Rules for measuring signs.

No roof signs shall be erected.

No sign shall have more than two faces.

No portable signs shall be allowed, except as permitted in Subsection I.

No sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.

All signs shall present a neat appearance and be maintained in a safe condition and shall not be permitted to become dilapidated.

No banners, ribbons, streamers, spinners or other moving, fluttering or revolving devices shall be allowed, either as a part of a sign or when not part of a sign.

No sign shall be attached to any tree, fence or utility pole or be painted upon or otherwise directly affixed to any rock, ledge or other natural feature, except posting signs.

All signs must relate to a current business activity.

General provisions.

Permitted signs.

General provisions.

Permitted signs.

General provisions.

Permitted signs.

General provisions.

Permitted signs.

Within 60 days from the effective date of this chapter, the Zoning Enforcement Officer shall make a list of and shall notify all property owners whose signs are nonconforming. This notification shall include the statement of nonconformity and the provisions of this section.

Within one year of the effective date of this chapter, all property owners must register with the Village Clerk the existence of their nonconforming sign. This notice must include the size and location of any and all nonconforming signs located on the property.

If the nonconforming signs are registered to the satisfaction of the municipality, within one year, the nonconforming sign shall remain, unless the business or owner shall cease to do business.

The municipality may remove or cause to be removed any nonconforming sign which is not registered within one year of the effective date of this chapter.

A nonconforming sign may be maintained and repainted, so long as its color, design, size, shape and location are not changed.

The Comprehensive Plan of the Town of North East, including the Village of Millerton, states that its primary housing goal is "to provide a variety of housing types to meet the needs of all the residents of the community." In order to achieve this objective, it is necessary to retain diversity in housing styles, prices and tenures. This will help the community retain a diverse population, maintain its socioeconomic balance and sustain a diverse economy.

To accomplish these objectives the Village is pursuing a variety of approaches to increase housing opportunities. In addition to this section to provide for accessory apartments, the Village Board is also introducing legislation to allow ECHO units by special permit, semidetached dwellings as a permitted and specially permitted use, to supplement existing provisions for two-family dwellings in this chapter.

In 1987, the North East Town Board commissioned the preparation of the Town of North East Housing Study, which documented the need for and lack of affordable housing in the town, including the Village of Millerton. The housing study, which has been adopted as part of the Town Master Plan by the Village Board and the Village Planning Board, recommended that the town implement zoning changes that would increase local housing opportunities. The community values survey that was completed as part of the housing study indicated a clear recognition of the need for more moderately priced apartments in the area. One recommendation of the study was to allow for the use of accessory apartments in the Village.

Based on the housing study and the continuing gap between actual housing costs and the housing costs that can be sustained by people whose incomes are at or below the median income level, the Village of Millerton Village Board hereby finds that economic conditions have created a scarcity of affordable housing.

By adoption of this legislation, the Village Board seeks to promote affordable housing opportunities and encourage the creation of rental units.

It is the specific purpose and intent of this chapter to allow an accessory apartment, by special permit, on one-family dwelling lots in all districts that allow one-family dwellings as a permitted principal use and to provide the opportunity and encouragement for the development of small, rental housing units.

The enactment of this chapter is in no way intended to reduce the scope of the permitted use, as of right, of two-family or semidetached dwellings as defined in this chapter, but to allow, through the special permit process, more efficient use and design of dwellings and existing accessory buildings. Furthermore, it is the purpose and intent of this provision to provide economic support for homeowners of limited income and to protect and preserve property values. To help achieve these goals and to promote other objectives of this chapter and the Town Master Plan, the following specific standards are set forth.

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

The applicant or his or her agent shall certify that the sewage disposal system is adequate for the two units. Failure to promptly correct any sewage system problem shall result in revocation of the special permit.

No special permit for an accessory apartment shall be granted in any case where the Dutchess County Health Department has determined that the water or sewage system in question is for any reason not capable of handling the additional demand that the accessory apartment would impose on it.

Materials to assist the Planning Board in reviewing an application for a special permit, as described in § 170-23B, shall include a floor plan of the existing building and proposed accessory apartment, a survey or other appropriate drawing or document showing the location and size of the septic system and well and the structures on the lot, both as they exist and as they would appear with the accessory apartment.

In determining whether to grant the application, the Planning Board shall consider the following factors, in addition to those described in § 170-23B:

It shall reasonably appear to the Planning Board that the accessory apartment is not in compliance with applicable laws, regulations, codes, ordinances or special permit conditions; or

Any lawful inspection of the accessory apartment is refused or prevented by the owner.

The Comprehensive Plan of the Town of North East, including the Village of Millerton, states that its primary housing goal is "to provide a variety of housing types to meet the needs of all the residents of the community." In order to achieve this objective, it is necessary to retain diversity in housing styles, prices and tenures. This will help the community retain a diverse population, maintain its socioeconomic balance and sustain a diverse economy.

To accomplish these objectives the Village is pursuing a variety of approaches to increase housing opportunities. In addition to this section to provide for ECHO housing, the Village Board is introducing legislation to allow accessory apartments by special permit and semidetached dwellings as a permitted and specially permitted use to supplement existing provisions for two-family dwellings in this chapter.

In 1987, the North East Town Board commissioned the preparation of the Town of North East Housing Study, which documented the need for and lack of affordable housing in the town, including the Village of Millerton. In the housing study, North East was found to have Dutchess County's highest percentage of elderly people living alone, second lowest median household income and second highest percentage of households in poverty. Yet the town's housing stock is dominated by single-family dwellings and includes very few small apartments. The town has no nursing homes or housing units specifically designated or designed for elderly people.

The housing study, which has been adopted as part of the Town Master Plan by the Village Board and the Village of Millerton Planning Board, recommended that the Village implement zoning changes that would increase local housing opportunities. The community values survey that was completed as part of the housing study indicated strong support for permitting families to move their elderly parents into a small temporary home on their own property.

Based on the housing study and the continuing gap between actual housing costs and the housing costs that can be sustained by people whose incomes are at or below the median income level, the Village of Millerton Village Board hereby finds that economic conditions have created a scarcity of affordable housing. Moreover, local housing opportunities are often inappropriate for the special needs of elderly people.

Foster and support extended families.

Permit adult children to provide small, temporary homes for their aging parents who are in need of support, while maintaining as much of the independence of the two generations as possible.

Reduce the degree to which elderly homeowners have to choose between increasing isolation in their homes and institutionalization in nursing homes.

Encourage the continued development and use of small homes specifically designed and built for elderly people, which include such features as easy adaptation to handicapped accessibility, safe exit features and fire-resistant construction.

Permit ECHO housing in a manner that protects the property values and character of neighborhoods by ensuring that the units are compatible with the neighborhood and are easily removable.

Enable the elderly living in homes too large for their needs to move to more appropriate housing and thereby make larger homes available to house larger families.

At the time the special permit is issued, at least one intended occupant of the ECHO unit must be at least 62 years of age and any other occupant must be at least 55 years of age. Subsequently, if the occupant who is 62 no longer occupies the ECHO unit and all other conditions continue to apply, the permit may be renewed for the other occupant, even if the person is less than 62 years of age.

At least one occupant of the principal dwelling and at least one occupant of the ECHO unit must be related by blood, marriage or adoption.

In no case shall there be more than two occupants of an ECHO unit.

The special permit shall be issued to the owner of the principal dwelling and lot.

The minimum lot size for a principal dwelling with an ECHO unit shall conform to the requirements for a one-family dwelling in the district in which the ECHO unit will be located.

Coverage of the entire lot by the ECHO unit and principal dwelling shall not exceed 30%.

The unit shall be constructed so as to be easily removable.

The unit's foundation should be of easily removable materials, such as timber pilings or cement block piers, so that the lot may be restored to its original use and appearance after removal with as little expense as possible.

No permanent fencing, walls or other structures should be installed that will hinder removal of the ECHO unit from the lot.

If the water supply is from a private source, the applicant or his or her agent shall certify that the water supply is potable and of adequate flow. Failure to promptly correct any water quality problems shall result in the revocation of the special permit. The applicant or his or her agent shall certify that the sewage disposal system is adequate for the two units. Failure to promptly correct any sewage system problem shall result in revocation of the special permit.

No special permit shall be granted in any case where the Dutchess County Health Department has determined that the water or sewage system serving the principal dwelling is for any reason not capable of handling the additional demand that the ECHO unit would impose on it.

Materials to assist the Planning Board in reviewing an application for a special permit, as described in § 170-23B, shall include:

In determining whether to grant the application, the Planning Board shall consider the following factors, in addition to those described in § 170-23B:

A special permit may be granted for an initial period of up to one year, expiring on April 30. Thereafter, upon application to the Planning Board showing that there have been no changes in circumstances which would result in the ECHO unit's being in violation of the provisions of this chapter, the permit may be renewed yearly, for a period running from May 1 to April 30. Upon development of appropriate procedures by the Planning Board, such renewal may be granted administratively by the Zoning Enforcement Officer.

At the time of application, the applicant must verify that he or she understands that the permit is issued solely for the use of the named occupants; has made plans for the removal of the unit; and recognizes the possible sanctions for failure to promptly remove the ECHO unit upon termination or revocation of the special permit. These sanctions include all those specified in this chapter; injunctive relief; criminal penalty; removal and salvage by the Village to defray any enforcement costs incurred; the placement of a lien against the applicant's property to defray any enforcement costs incurred; and any other remedies available to the Village.

The conditions upon which the special permit was granted continue to apply.

He or she has made plans for removal of the ECHO unit upon termination of the special permit.

He or she understands the possible sanctions for failure to promptly remove the ECHO unit upon termination of the special permit.

The special permit shall terminate 90 days after:

During this ninety-day grace period, the ECHO unit shall be removed and the site restored so that no visible evidence of the ECHO unit and its accessory elements remains. If the ECHO unit has not been removed by the end of this grace period, in addition to the existing sanctions in this chapter, actions to ensure removal may be taken, including removal and salvage by the Village with a lien imposed to defray any costs incurred.

The Planning Board, upon a showing of extraordinary circumstances making removal of the ECHO unit impossible during the ninety-day grace period, may grant one extension of up to 90 days for removal of the ECHO unit.

It shall reasonably appear to the Planning Board that the ECHO unit is not in compliance with applicable laws, rules, regulations codes or ordinances or that the conditions of the special permit are not satisfied; or

Any lawful inspection of the ECHO unit is refused or prevented by the owner or occupant.

The Comprehensive Plan of the Village of Millerton recommends the main street of the Village be maintained as the center of economic activity for the town, and the Village and toward that end recommends that land use and zoning regulations limit the location of new commercial facilities to the Village as close to the central business district as possible. It urges the Village to encourage the development of small businesses that are consistent with the needs of the community and further notes that the mixture of residential and commercial and public buildings is one of the contributing factors to the vitality of the Village center.

By adopting this legislation, the Village Board seeks to ensure that new commercial growth is located in close proximity to the Village center in a way that strengthens the function of Main Street as the central business artery of the community and it intends, subject to appropriate regulatory review, to have commercial and cultural facilities located in areas of the Village accessible to Village residents and compatible with neighboring properties. The enactment of this chapter will encourage the development of small, tourism-related businesses and strengthen this vital sector of the Village's economy. It will also expand the cultural resources available to our residents.

Cloth banners may be displayed from the front facade of the principal structure of a fine arts center.

A supplemental sign used to announce current or future events at the fine arts center may be attached to a permitted freestanding sign. The supplemental sign may be no larger than 10 square feet in area.