Northeast Town City Zoning Code
PART 2
District Regulations
[Amended 10-20-1987 by L.L. No. 6-1987]
§ 180-10 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.
§ 180-11 General regulations.
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.
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 dwelling unit or establishment, 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.[1]
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.
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.
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 Town of North East, unless specifically permitted by the Board of Appeals.
§ 180-12 Effect of existing violations.
[Added 3-10-2011 by L.L. No. 1-2011]
No application for a subdivision, site plan, special use permit or variance pursuant to this chapter will be deemed complete for purposes of commencing review of the same by the applicable board for any premises or property upon which there is an existing violation of this chapter or of any Town, county or state law or regulation governing the building construction, development or the use of land, buildings and structures within the Town of North East.
No building permit, certificate of occupancy or certificate of compliance shall be issued by the Zoning Enforcement Officer or Code Enforcement Officer for any premises or property on which there is an existing violation of this chapter or any Town, county or state law or regulation governing the building construction, development or the use of land, buildings and structures within the Town of North East.
For purposes of this section, a premises or property shall be deemed to be in violation of this chapter where a stop-work order, notice of violation, order to remedy violation or similar notice or order has been issued by the Town's Code Enforcement Officer and/or Zoning Enforcement Officer in accordance with the provisions of the Town of North East Code or where the Zoning Enforcement Officer, Code Enforcement Officer or the Town of North East has filed a criminal or civil action in a court of competent jurisdiction and the violation which is the subject of the order, notice or legal action has not been remedied by the property owner. In the event the automatic stay provisions of § 180-102 of the Town of North East Code, or § 267-a(6) of the Town Law, are invoked by timely appeal of any such order or notice to the Zoning Board of Appeals, the applicable board can deem the application complete for purposes of commencing review but no final approval shall be granted by the board until such time as the Zoning Board of Appeals has reversed the determination of the officer or the violation has been remedied. In the event the application is for a building permit and the automatic stay provisions, as described herein, are in effect the officer may issue the building permit, but no certificate of occupancy shall be issued until such time as the determination of the officer is reversed by the Zoning Board of Appeals or the violation is remedied. For purposes of this provision, remedy of a violation shall be deemed to have occurred when the officer who issued the order or notice has inspected the property and has notified the property owner in writing that the violation has been satisfactorily remedied.
§ 180-13 Use of structures or land prohibited for other than purposes specified.
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.
§ 180-14 Agricultural (A5A) District.
In the A5A District, permitted principal uses, buildings and other structures shall be as follows:
Animal husbandry | |
Cabin, hunting and fishing | |
Dwelling, one-family | |
Dwelling, seasonal | |
Dwelling, to house persons employed in agriculture on the farm where the dwelling is located; such dwelling may be located on an unsubdivided portion of the farm | |
Dwelling, two-family | |
Farm | |
Forest nurseries, tree seed gathering and extracting, gathering of gums and barks | |
Forestry services | |
Golf course | |
Parks, public and private | |
Playgrounds | |
School, elementary | |
School, secondary | |
Stable, private and public | |
Timber tracts |
Permitted accessory uses, buildings and other structures shall be as follows:
Accessory use of a building, as defined herein.
Accessory buildings and structures customarily associated with the permitted principal uses, buildings and other structures.
In a dwelling or farmhouse, the keeping of not more than two transient roomers and boarders.
Between the yards of a dwelling or farmhouse, outdoor storage of not more than one each per dwelling unit of the following: boat, boat trailer, camp trailer, cargo trailer or motor home, any of which shall be owned for personal use by a resident on the premises. None of the above shall be used for sleeping purposes for more than seven days per year.
Home occupation, as defined herein.
Between the yards of a dwelling or farmhouse, a private garage or open parking for operative passenger vehicles of a person residing or visiting on the premises.
Between the yards of a dwelling or farmhouse, a playhouse, toolhouse or garden house.
Between the yards of a dwelling or farmhouse, a private swimming pool not operated for gain.
On a farm, open storage of machinery or vehicles customarily associated with farming operations. This, however, shall not be construed to permit the establishment of a junkyard, as defined herein.
Off-street parking for commercial vehicles while loading and unloading as required by § 180-51.
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 2-24-1983 by L.L. No. 1-1983; 8-14-1986 by L.L. No. 2-1986; 2-9-1989 by L.L. No. 2-1989; 2-9-1989 by L.L. No. 3-1989; 12-28-1989 by L.L. No. 9-1989; 7-11-1990 by L.L. No. 1-1990; 6-10-1993 by L.L. No. 2-1993; 4-14-1994 by L.L. No. 1-1994; 5-4-1995 by L.L. No. 4-1995; 7-10-1997 by L.L. No. 1-1997; 1-26-1998 by L.L. No. 1-1998[2]]
Accessory apartment | |
Airport, on a site not less than 700 feet by 5,000 feet | |
Boardinghouse | |
Cage-type poultry farms | |
Campgrounds | |
Cemetery | |
Church or parish house | |
Communications facilities and/or personal wireless service facilities and/or towers. | |
Conversion of existing building to multiple-dwelling units, subject to the additional provisions of § 180-62 | |
Country inn | |
ECHO (elder cottage housing opportunity) unit | |
Educational center on a site not less than 10 acres, subject to the additional provisions of § 180-43 | |
Educational institutions on a site not less than 100 acres, subject to the additional provisions of § 180-43 | |
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 by which the lot on which the dwelling unit is located exceeds the minimum required lot area per dwelling unit | |
Farm market, as permitted by § 180-68 | |
Fur farms | |
Game or wildlife preserve | |
Hospital, animal or veterinary clinic on a site not less than 10 acres | |
Hospital, on a site of not less than 10 acres | |
Junkyard, subject to the provisions of § 180-45 | |
Kennel, on a site not less than 10 acres | |
Logging camp | |
Mobile home | |
Nursery farms | |
Pig farms | |
Public utility substation | |
Quarrying of stone, sand and gravel, subject to the additional provisions of § 180-54 | |
Riding academy, subject to the additional provisions of § 180-53 | |
Rod and gun club | |
Sawmills and planning mills | |
School, private | |
Shooting preserve | |
Small wind energy conversion systems, subject to the additional provisions of § 180-63 |
Area, yard, height and coverage provisions.
General. The area, yard, coverage and height provisions established by this subsection apply to all permitted uses in A5A Districts for which special criteria are not established elsewhere in this chapter.
Area per establishment. The minimum area per establishment shall be five acres.
Lot dimensions. The minimum width of the lot at the front building line shall be 325 feet.
Front yards. No part of any building or structure shall extend nearer to the street line than 75 feet or nearer to the center line of the street than 100 feet, whichever distance requires the greater setback from the street line.
Rear yards. There shall be a rear yard of not less than 50 feet.
Side yards. There shall be two side yards, each having a width of 50 feet.
Height. No building shall exceed 35 feet in height.
Location of driveways. No driveway center line shall intersect a street line less than 70 feet from the intersection of any two street lines.
Clustering. Residential dwelling units may be clustered as provided in § 278 of the Town Law. If the cluster is designed to preserve and maintain in active use land which is suitable for agriculture according to the soil survey prepared for Dutchess County by the United States Department of Agriculture, Series 1939, No. 23, or similarly reputable source, the Planning Board may permit a density bonus not to exceed 25% more dwelling units than would ordinarily be permitted in the A5A District. The land area to be preserved for agriculture must consist of a minimum of 100 acres and shall not be less than 30% of the land area under consideration.
§ 180-15 Very Low Density Residential (R3A) District.
In the R3A District, permitted principal uses, buildings and other structures shall be as follows:
[Amended 2-9-1989 by L.L. No. 4-1989; 5-4-1995 by L.L. No. 4-1995; 7-10-1997 by L.L. No. 1-1997]
Animal husbandry | |
Cabin, hunting and fishing | |
Dwelling, one-family | |
Dwelling, seasonal | |
Dwelling, to house persons employed in agriculture on the farm where the dwelling is located. Such dwelling may be located on an unsubdivided portion of the farm. | |
Dwelling, two-family | |
Farm | |
Forest nurseries, tree seed gathering and extracting and gathering of gums and barks | |
Forestry service | |
Golf course | |
Logging camp | |
Parks, public and private | |
Playgrounds | |
School, elementary | |
School, secondary | |
Stables, private and public | |
Timber tracts |
Permitted accessory uses, buildings and other structures shall be as follows:
Accessory use of building, as defined herein.
Accessory buildings and structures customarily associated with the permitted principal uses, buildings and other structures.
In a dwelling unit or farmhouse, the keeping of not more than two transient roomers and boarders.
Between the yards of a dwelling unit or farmhouse, outdoor storage of not more than one each per dwelling unit of the following: boat, boat trailer, camp trailer, cargo trailer or motor home, any of which shall be owned for personal use by a resident on the premises. None of the above shall be used for sleeping purposes for more than seven days per year.
Home occupation, as defined herein.
Between the yards of a dwelling unit or farmhouse, a playhouse, toolhouse or garden house.
Between the yards of a dwelling unit or farmhouse, a private swimming pool not operated for gain.
On a farm, open storage of machinery or vehicles customarily associated with farming operations. This, however, shall not be construed to permit the establishment of a junkyard, as defined herein.
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51.
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 5-7-1984 by L.L. No. 1-1984; 8-14-1986 by L.L. No. 2-1986; 2-9-1989 by L.L. No. 2-1989; 2-9-1989 by L.L. No. 3-1989; 12-28-1989 by L.L. No. 9-1989; 7-11-1990 by L.L. No. 1-1990; 6-10-1993 by L.L. No. 2-1993[1]; 4-14-1994 by L.L. No. 1-1994; 5-4-1995 by L.L. No. 4-1995; 7-10-1997 by L.L. No. 1-1997; 1-26-1998 by L.L. No. 1-1998]
Accessory apartment | |
Airport, on a site not less than 700 feet by 5,000 feet | |
Boardinghouse | |
Bus passenger shelter, for which the Board of Appeals may waive the provisions of Subsection D below | |
Campgrounds | |
Cemetery | |
Church or parish house | |
Clubhouse | |
Communications facilities and/or personal wireless service facilities and/or towers. | |
Conversion of existing building to multiple-dwelling units, subject to the additional provisions of § 180-62 | |
Country inn | |
Drive-in outdoor theater, subject to the provisions of § 180-41 | |
ECHO (elder cottage housing opportunity) unit. | |
Education institution on a site not less than 100 acres, subject to the additional provisions of § 180-43 | |
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 by which the lot on which the dwelling unit is located exceeds the minimum required lot area per dwelling unit | |
Farm, cage-type poultry on a site of not less than 50 acres | |
Farm, fur, on a site of not less than 50 acres | |
Farm market, as permitted by § 180-68 | |
Farm, nursery, on a site not less than 50 acres and subject to the additional provisions in Article VIII | |
Farm, pig, on a site of not less than 100 acres | |
Game or wildlife preserve | |
Hospital, animal, or veterinary clinic, on a site of not less than 10 acres | |
Hospital, on a site of not less than 10 acres | |
Junkyards, subject to the provisions of § 180-45 | |
Kennel, on a site of not less than 10 acres | |
Mobile home | |
Mobile home park | |
Nursery school | |
Nursing or convalescent home | |
Quarrying of stone, sand and gravel, subject to the additional provisions of § 180-54 | |
Riding academy, subject to the additional provisions of § 180-53 | |
Rod and gun club | |
Sawmills and planing mills | |
School, private | |
School, vocational | |
Small wind energy conversion systems, subject to the additional provisions of § 180-63 | |
Tourist home |
[1]
Editor's Note: This local law provided an effective date of 1-1-1994.
Area, yard, coverage and height provisions.
General. The area, yard, coverage and height provisions established by this section apply to all permitted uses in R3A Districts for which special criteria are not established elsewhere in this chapter.
Area per establishment. Except as specified otherwise, the minimum area per establishment shall be three acres.
Lot dimensions. Except as specified otherwise, the minimum width of the lot at the front building line shall be 250 feet.
Front yards. Except as specified otherwise, no part of any building or structure shall extend nearer to the street line than 60 feet or nearer to the center line of the street than 85 feet, whichever distance requires the greater setback from the street line.
Rear yard. There shall be a rear yard of not less than 35 feet.
Side yards. There shall be two side yards, each having a width of not less than 35 feet.
Height. No building shall exceed 35 feet in height.
Location of driveways. No driveway center line shall intersect a street line less than 70 feet from the intersection of any two street lines.
Clustering. Residential dwelling units may be clustered as provided in § 278 of the Town Law. A density bonus not to exceed 20% more dwelling units than would ordinarily be permitted in the R3A 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 for open space use.
§ 180-16 Low Density Residential (R1A) District.
In the R1A District, permitted principal uses, buildings and other structures shall be as follows:
[Amended 2-9-1989 by L.L. No. 4-1989; 7-10-1997 by L.L. No. 1-1997]
Permitted accessory uses, buildings and other structures shall be as follows:
Accessory use of a building, as defined herein.
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.
In a one-family dwelling, the keeping of not more than two transient roomers and boarders.
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 or 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 seven days per year.
Home occupation, as defined herein.
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.
Between the yards of a one-family dwelling, a playhouse, toolhouse or garden house.
Between the yards of a one-family dwelling, a private swimming pool not operated for gain.
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51.
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 2-9-1989 by L.L. No. 2-1989; 2-9-1989 by L.L. No. 3-1989; 12-28-1989 by L.L. No. 9-1989; 6-10-1993 by L.L. No. 2-1993[1]; 4-14-1994 by L.L. No. 1-1994; 1-26-1998 by L.L. No. 1-1998]
Accessory apartment | |
Boardinghouse | |
Bus passenger shelter, for which the Board of Appeals may waive the provisions of Subsection D below | |
Church or parish house on a site of not less than three acres | |
Communications facilities and/or personal wireless service facilities and/or towers. | |
Conversion of existing buildings to multiple-dwelling units, subject to the additional provisions of § 180-62 | |
ECHO (elder cottage housing opportunity) unit | |
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 by which the lot on which the dwelling unit is located exceeds the minimum required lot area per dwelling unit | |
Mobile home park | |
Nursery school on a site of not less than three acres | |
Tourist home |
[1]
Editor's Note: This local law provided an effective date of 1-1-1994.
Area, yard, coverage and height provisions.
General. 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.
Area per dwelling unit. The minimum area per dwelling unit shall be one acre.
Lot dimensions, interior lots. Except as specified otherwise, the minimum width at the front building line shall be 175 feet.
Lot dimensions, corner lots. Except as specified otherwise, the minimum width of the lot at the building line parallel to the street considered to be the front street shall be 210 feet.
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 than 75 feet, whichever distance requires the greater setback from the street line.
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(5) above shall be observed on both streets.
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.
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(4) 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.
Height. No building shall exceed 35 feet in height.
Location of driveways. No driveway center line shall intersect a street line less than 70 feet from the intersection of any two street lines.
Clustering. Residential dwelling units may be clustered as provided in § 278 of the Town 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.
§ 180-17 Medium Density Residential (R20,000) District.
In the R20,000 District, permitted principal uses, buildings and other structures shall be as follows:
[Amended 2-9-1989 by L.L. No. 4-1989]
Permitted accessory uses, buildings and other structures shall be as follows:
Accessory use of a building, as defined herein.
In a one-family dwelling, the keeping of not more than two transient roomers and boarders.
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 or 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 seven days per year.
Home occupation, as defined herein.
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.
Between the yards of a one-family dwelling, a playhouse, toolhouse or garden house.
Between the yards of a one-family dwelling, a private swimming pool not operated for gain.
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51.
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 2-9-1989 by L.L. No. 2-1989; 2-9-1989 by L.L. No. 3-1989; 12-28-1989 by L.L. No. 9-1989; 6-10-1993 by L.L. No. 2-1993[1]; 4-14-1994 by L.L. No. 1-1994]
Accessory apartment | |
Bus passenger shelter, for which the Board of Appeals may waive the provisions of Subsection D below | |
Church or parish house on a site of not less than three acres | |
Conversion of existing building to multiple-dwelling units, subject to the additional provisions of § 180-62 | |
ECHO (elder cottage housing opportunity) unit | |
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 by which the lot on which the dwelling unit is located exceeds the minimum required lot area per dwelling unit | |
Nursery school on a site of not less than three acres |
[1]
Editor's Note: This local law provided an effective date of 1-1-1994.
Area, yard, coverage and height provisions.
General. 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.
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.
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.
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.
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 175 feet at the front building line.
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.
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 185 feet for a lot not served by a central sewer.
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.
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 requirements specified by Subsection D(8) above shall be observed on both streets.
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.
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(8) 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.
Height. No building shall exceed 35 feet in height.
Coverage, lots served by central sewers. The maximum coverage of lots served by central sewers shall be 15%.
Coverage, lots not served by central sewers. The maximum coverage of lots not served by central sewers shall be 7%.
Location of driveways. No driveway shall intersect a street line less than 70 feet from the intersection of any two street lines.
Clustering. Residential dwelling units may be clustered as provided in § 278 of the Town Law. A density bonus not to exceed 20% more dwelling units than would ordinarily be permitted in the R20,000 District may be permitted by the Planning Board if central water and 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.
[Added 10-12-1989 by L.L. No. 6-1989]
§ 180-18 Highway Business I (HB-I) District.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by Article VII.
In the HB-I District, permitted principal uses, buildings and other structures shall be as follows:
Amusement and recreation facilities, indoor | |
Automobile laundry | |
Automobile sales area | |
Eating and drinking establishments, excluding drive-in | |
Furniture store | |
Home furnishing and equipment store | |
Ice storage and vending three tons' or less capacity | |
Miscellaneous business services | |
Motel, subject to the additional provisions of § 180-48 | |
Motor vehicle service station, subject to the additional provisions of § 180-52 | |
Restaurant, excluding drive-in | |
Theater |
Permitted accessory uses, buildings and other structures shall be as follows:
Accessory buildings and structures customarily associated with the principal permitted use | |
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51 | |
Off-street parking and automobile storage, as required by § 180-50 | |
Signs, as permitted by § 180-55 | |
Temporary structures, as permitted by § 180-57 |
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 6-10-1993 by L.L. No. 2-1993; 4-14-1994 by L.L. No. 1-1994; 7-10-1997 by L.L. No. 1-1997]
Drive-in business, including drive-in outdoor theater, subject to the additional provisions of § 180-41 | |
Farmers' market, as permitted by § 180-69 | |
Shopping center, in accordance with an integrated site and architectural plan to be approved by the Planning Board as provided by Article VII and which may include uses permitted elsewhere in this section and/or: | |
Apparel and accessory store | |
Bakery employing not more than five persons | |
Bank | |
Bar or tavern | |
Clinic, dental | |
Clinic, medical | |
Credit agency other than bank | |
Drugstore | |
Financial establishment | |
Food store | |
General merchandise store | |
Grocery store | |
Hardware store | |
Insurance carrier, agent, broker and service | |
Laundry, coin-operated, dry cleaner | |
Legal service | |
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 | |
Miscellaneous service | |
Motion-picture theater other than drive-in | |
Office, business | |
Office, professional | |
Personal service establishment | |
Real estate establishment | |
Repair and machine shop | |
Security and commodity broker, dealer and service |
Area, yard, height, parking space location, coverage and bulk requirements.
General. 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 9-11-1980 by L.L. No. 3-1980]
Area per establishment. Unless otherwise specified, the minimum land area per establishment shall be one acre.
Lot dimensions, interior lots. Except as otherwise specified, the minimum width of an interior lot at the front building line shall be 200 feet.
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.
Area per shopping center. The minimum area of a shopping center for which the Board of Appeals may issue a special permit as provided by Subsection D above is five acres.
Lot dimensions, shopping center. The minimum width of the front building line of a lot for a shopping center for which the Board of Appeals may issue a special permit as provided by Subsection D above is 400 feet.
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.
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(7) above shall be observed on both streets.
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.
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(7) 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.
Height. No building shall exceed 35 feet in height.
Parking space location. No automobile parking space shall extend nearer to any property line than 20 feet.
Coverage. The maximum coverage shall be 20%.
Bulk. The maximum floor area ratio shall be 0.20.
Fire-resistant construction. All building construction in a Highway Business I (HB-I) District shall be of fire-resistant construction, as defined herein.
[Amended 9-11-1980 by L.L. No. 3-1980]
Entrances and exits upon public streets.
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.
Width. No entrance or exit shall have a width greater than 50 feet.
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.
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.
§ 180-19 Highway Business II (HB-II) District.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by Article VII.
In the HB-II District, permitted principal uses, buildings and other structures shall be as follows:
[Amended 7-10-2003 by L.L. No. 1-2003]
Amusement and recreation facilities | |
Auto body shop | |
Automobile sales area | |
Boat, boat trailer and marine accessory sales and rental | |
Building materials sales, including lumberyards | |
Cargo trailer, camping trailer sales and rental | |
Commercial greenhouse and plant nursery, including office and sales yards | |
Construction equipment sales and rental | |
Farm machinery sales and rental | |
Ice storage and vending, three tons' or less capacity | |
Miscellaneous business services | |
Mobile home sales lot | |
Motor vehicle service station, subject to the additional provisions of § 180-52 | |
Restaurant, excluding drive-in | |
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 | |
Transportation terminal | |
Warehousing, storage buildings | |
Wholesale business |
Permitted accessory uses, buildings and other structures shall be as follows:
Accessory buildings and structures customarily associated with the principal permitted use | |
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51 | |
Off-street parking and automobile storage, as required by § 180-50 | |
Signs, as permitted by § 180-55 | |
Temporary structures, as permitted by § 180-57 |
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 6-10-1993 by L.L. No. 2-1993[1]; 4-14-1994 by L.L. No. 1-1994; 7-10-1997 by L.L. No. 1-1997]
Drive-in business, including drive-in outdoor theater | |
Farmers' market, as permitted by § 180-69 | |
Motor freight terminal | |
Storage of alcohol, gasoline, crude oil, liquefied petroleum gas or other highly flammable substance, subject to the requirements of § 180-56 |
[1]
Editor's Note: This local law provided an effective date of 1-1-1994.
Area, yard, height, parking space location, coverage and bulk requirements.
General. The area, yard, coverage and height provisions established by this subsection apply to all permitted uses in HB-II Districts for which special criteria are not established elsewhere in this chapter.
[Amended 9-11-1980 by L.L. No. 3-1980]
Area per establishment. Unless otherwise specified, the minimum land area per establishment shall be one acre.
Lot dimensions, interior lots. Except as otherwise specified, the minimum width of an interior lot at the front building line shall be 200 feet.
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.
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.
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(5) above shall be observed on both streets.
[Amended 9-11-1980 by L.L. No. 3-1980]
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.
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(5) 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.
[Amended 9-11-1980 by L.L. No. 3-1980]
Height. No building shall exceed 35 feet in height.
Parking space location. No automobile parking space shall extend nearer to any property line than 20 feet.
Coverage. The maximum coverage shall be 20%.
Bulk. The maximum floor area ratio shall be 0.20.
Fire-resistant construction. All building construction in a Highway Business II (HB-II) District shall be of fire-resistant construction, as defined herein.
[Amended 9-11-1980 by L.L. No. 3-1980]
Entrances and exits upon public streets.
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.
Width. No entrance or exit shall have a width greater than 50 feet.
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.
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.
§ 180-20 Highway Business III (HB-III) District.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by Article VII.
In the HB-III District, permitted principal uses, buildings and other structures shall be as follows:
Auto body shop | |
Building materials sales, including lumberyards | |
Construction equipment sales and rental | |
Mobile home sales | |
Farm machinery sales and rental | |
Transportation terminal | |
Warehousing, storage buildings | |
Wholesale business |
Permitted accessory uses, buildings and other structures shall be as follows:
Accessory buildings and structures customarily associated with the principal permitted use | |
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51 | |
Off-street parking and automobile storage, as required by § 180-50 | |
Signs, as permitted by § 180-55 | |
Temporary structures, as permitted by § 180-57 |
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
Area, yard, height, parking space location, coverage and bulk requirements.
General. The area, yard, coverage and height provisions established by this subsection apply to all permitted uses in HB-II Districts for which special criteria are not established elsewhere in this chapter.
[Amended 9-11-1980 by L.L. No. 3-1980]
Area per establishment. Unless otherwise specified, the minimum land area per establishment shall be one acre.
Lot dimensions, interior lots. Except as otherwise specified, the minimum width of an interior lot at the front building line shall be 200 feet.
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.
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.
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(5) above shall be observed on both streets.
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.
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(5) 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.
Height. No building shall exceed 35 feet in height.
Parking space location. No automobile parking space shall extend nearer to any property line than 20 feet.
Coverage. The maximum coverage shall be 20%.
Bulk. The maximum floor area ratio shall be 0.20.
Fire-resistant construction. All building construction in a Highway Business III (HB-III) District shall be of fire-resistant construction, as defined herein.
[Amended 9-11-1980 by L.L. No. 3-1980]
Entrances and exits upon public streets.
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.
Width. No entrance or exit shall have a width greater than 50 feet.
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.
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.
§ 180-21 Industrial (M) District.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by Article VII.
[Amended 9-11-1980 by L.L. No. 3-1980]
In the M District, permitted principal uses, buildings and other structures shall be as follows:
Manufacturing which does not constitute a nuisance as determined by Subsection E below | |
Motor freight terminal | |
Public utilities installation, including electric transmission lines | |
Quarrying of stone, sand and gravel, subject to the additional provisions of § 180-54 | |
Radio or television transmission facilities and their customary appurtenances | |
Sawmills and planing mills | |
Storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable substance, subject to the additional requirements of § 180-56 |
Permitted accessory uses, buildings and other structures shall be as follows:
Accessory buildings and structures customarily associated with the principal permitted uses | |
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51 | |
Off-street parking and automobile storage, as required by § 180-50 | |
Signs, as permitted by § 180-55 | |
Temporary structures, as permitted by § 180-57 |
Industrial performance standards.
General. 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 Subsections E(2) through (7) below.
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.
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.
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.
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.
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.
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.
Area, yard, coverage, height and bulk requirements.
General. The area, yard, coverage and height provisions established by this subsection apply to all permitted uses in M Districts for which special criteria are not established elsewhere in this chapter.
Area per establishment. Except as specified otherwise, the minimum area per establishment shall be three acres.
Lot dimensions. Except as specified otherwise, the minimum width of the lot at the front building line shall be 300 feet.
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.
Rear yards. There shall be a rear yard of not less than 35 feet.
Side yards. There shall be two side yards, each having a width of not less than 35 feet.
Height. No building shall exceed 35 feet in height.
Coverage. The maximum coverage shall be 60%.
Bulk. The maximum floor area ratio shall be 1.8.
Entrances or exits upon public streets.
Spacing. The distance between the center line of any adjacent entrance or exit from an establishment shall be not less than 100 feet.
Width. No entrance or exit shall have a greater width than 50 feet.
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.
Fire-resistant construction. All building construction in an Industrial (M) District shall be of fire-resistant construction, as defined herein.
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.
§ 180-22 Land Conservation (LC) District.
In the LC District, permitted principal uses, buildings and other structures shall be as follows:
[Amended 5-4-1995 by L.L. No. 4-1995; 7-10-1997 by L.L. No. 1-1997]
Athletic field | |
Bathing beach | |
Farm | |
Forest nurseries, tree seed gathering and extracting and gathering of gums and barks | |
Forestry services | |
Golf course | |
Handball court | |
Logging camp | |
Parks, public and private | |
Playground | |
Public use | |
Public utilities' installations, including electric transmission lines | |
Ski tow | |
Snowmobile area | |
Swimming pool | |
Tennis court | |
Toboggan run |
Permitted accessory uses, buildings and other structures shall be as follows:
[Amended 7-10-1997 by L.L. No. 1-1997]
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 | |
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51 | |
Off-street parking and automobile storage, as required by § 180-50 | |
Roadside farm stand, as permitted by § 180-67 | |
Signs, as permitted by § 180-55 | |
Temporary structures, as permitted by § 180-57 |
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 2-9-1989 by L.L. No. 4-1989; 6-10-1993 by L.L. No. 2-1993[1]; 4-14-1994 by L.L. No. 1-1994; 5-4-1995 by L.L. No. 4-1995]
Dwelling, one- or two-family, provided that it can be proven by the builder that the structure would not be located within a floodplain. Such dwellings will be permitted at the density allowed in the nearest adjoining residential district | |
Game preserve or wildlife preserve | |
Rod and gun clubs | |
Shooting preserve | |
Storage, open |
[1]
Editor's Note: This local law provided an effective date of 1-1-1994.
Area, yard, height and coverage requirements.
General. The area, yard, coverage and height provisions established by this subsection apply to all permitted uses in Land Conservation (LC) Districts for which special criteria are not established elsewhere in this chapter.
Area per establishment. Except as otherwise specified, the minimum area per establishment shall be one acre.
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.
Side and rear yards. No building or structure or automobile parking space shall be placed closer to a side or rear property line than 50 feet.
Height. No building shall exceed 35 feet in height.
Coverage. The maximum coverage permitted shall be 5%.
Location of driveways. No driveway center line shall intersect a street line less than 70 feet from the intersection of any two street lines.
§ 180-23 Light Industrial (M-A) District.
Site plan approval. All uses permitted under this section shall be subject to site plan approval as provided by Article VII.
In the M-A District, permitted principal uses, buildings and other structures shall be as follows:
[Amended 7-10-2003 by L.L. No. 1-2003]
Business, professional or governmental office park | |
Manufacturing which does not constitute a nuisance as determined by Subsection E below | |
Warehousing, storage buildings |
Permitted accessory uses, buildings and other structures shall be as follows:
Accessory buildings and structures customarily associated with the principal permitted uses | |
Off-street parking for commercial vehicles while loading and unloading, as required by § 180-51 | |
Off-street parking and automobile storage, as required by § 180-50 | |
Signs, as permitted by § 180-55 | |
Temporary structures, as permitted by § 180-57 |
Uses for which the Zoning Board of Appeals may issue a special permit in accordance with Article VI shall be as follows:
[Amended 6-10-1993 by L.L. No. 2-1993; 4-14-1994 by L.L. No. 1-1994; 7-10-1997 by L.L. No. 1-1997[1]]
Storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable substance either in-ground or aboveground and incidental to a principal permitted use, subject to the requirements of § 180-56 | |
Storage of dyes, solvents or other chemicals in fluid form either in-ground or aboveground and incidental to a principal permitted use | |
Water tower for fire control purposes only |
Industrial performance standards.
General. 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 are detrimental to neighboring properties. For the purposes of this chapter, "nuisances" are defined in Subsections E(2) through (7) below.
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 period between 6:00 a.m. and 10:00 p.m. or 60 decibels during the period 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.
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 Ringlemann Chart for a period not longer than four minutes in any single period of 60 minutes, a nuisance shall not be deemed to exist.
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.
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.
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.
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.
Area, yard, coverage, height and bulk requirements.
General. The area, yard, coverage and height provisions established by this subsection apply to all permitted uses in M-A Districts for which special criteria are not established elsewhere in this chapter.
Area per establishment. Except as specified otherwise, the minimum area per establishment shall be 15 acres.
Lot dimensions. Except as specified otherwise, the minimum width of a lot at the front building line shall be 500 feet.
Front, rear and side yards. No part of any building or structure, pavement or parking area shall extend nearer than 100 feet to a district boundary, property line or side line of a street or 150 feet from the center line of a street, whichever requires the greater setback from the street line.
Height. No building shall exceed 35 feet in height, except that such height may be increased by special permit for a water tower, authorized by the Zoning Board of Appeals, to 75 feet, provided that no portion of any structure in excess of 35 feet in height shall be located within a distance equal to three times such height from a district boundary, property line or street line.
Coverage. The maximum building coverage shall be 20%. The maximum coverage of site for all impervious surfaces shall be 40%.
Bulk. The maximum floor area ratio shall be 0.40.
Entrances or exits upon public streets.
Spacing. The distance between the center line of any adjacent entrance or exit from an establishment shall be not less than 100 feet.
Width. No entrance or exit shall have a greater width than 50 feet.
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.
Fire-resistant construction. All building construction in a Light Industrial (M-A) District shall be of fire-resistant construction, as defined herein.
Landscape treatment. An industrial site within the Light Industrial (M-A) District shall be landscaped as provided by Article VII for a width of 100 feet on all sides. A property abutting a nonindustrial or nonbusiness district at the side or rear shall be planted to shrubs and trees for a width of 50 feet on such abutting property line. To minimize erosion and stormwater runoff and to maintain the aesthetics of the Town, all portions of the lot not used for buildings, structures, off-street parking and loading, driveways and walkways shall be landscaped and maintained.
§ 180-24 Boulevard Districts.
[Added 3-10-1988 by L.L. No. 1-1988]
Schedule BD uses.
Schedule BD, pertaining to Boulevard Districts, is hereby made a part of this chapter.[1] Buildings, structures and land in a Boulevard District shall be used for one or more of the uses specified on Schedule BD as permitted in the District. Any use not listed on Schedule BD is prohibited.
Uses listed on Schedule BD are permitted or prohibited in accordance with the following designation and procedure:
P | = | A use permitted in the district as a matter of right | |
S | = | A use permitted in the district subject to site plan approval by the Planning Board in accordance with Article VII of this chapter | |
x | = | A use prohibited in the district |
[1]
Editor's Note: Schedule BD is included as an attachment this chapter.
In BD-1 and BD-2 Districts, in addition to other uses that may be permitted on a lot, there shall be no more than two establishments consisting of any of the uses listed on line A-1 of Schedule BD.
Schedule BD standards. General regulations concerning the height of buildings and structures, space and area and yards applicable in Boulevard Districts are specified on Schedule BD.
In BD-1, BD-2, BD-5 and BD-6 Districts, there shall be no encroachment in the required front yard area by structures other than a fence or wall not exceeding six feet in height or a sign no larger than 20 square feet nor more than five feet in height, and no encroachment therein of commercial usage other than parking spaces for not more than 25 cars.
Parking space location. No automobile parking space nor access aisle to such space shall be located within 15 feet of the right-of-way of Boulevard or within 48 feet of the center line of Boulevard, whichever results in a greater setback from Boulevard, nor within 20 feet of a side or rear property line; provided, however, that the Planning Board, in connection with the approval of a site plan under Article VII of this chapter, may authorize the owners of adjacent lots to establish a common parking area with parking spaces located within less than 20 feet of a side property line.
Fire-resistant construction. All building construction in the Boulevard District (BD-1 through BD-6) shall be of fire-resistant construction, as defined herein.
Landscape treatment.
A strip of land not less than 15 feet in width along any side or rear property line that abuts Agricultural and Residential Districts and, where appropriate, along the boundary of any Land Conservation District, shall be planted with shrubs and trees.
Any continuous area of a lot consisting of 15 or more parking spaces shall be provided with not less than one shade tree for each 15 cars or fraction thereof, which trees shall not be less than three inches caliper at breast height. Not less than 8% of any continuous area of a lot consisting of 60 or more parking spaces shall be provided with protected islands or other planting areas reasonably distributed within such continuous area so as to break up the appearance of a continuum of parking, which islands or planting areas shall contain landscaping, shade trees and shrubs and may include the shade trees herein required.
The area required for parking setback from Boulevard specified in Subsection B(2) above shall be landscaped with lawn, shrubs and shade trees in addition to the trees and landscaping required in Subsection D(2) above and in a manner that protects adequate sight lines for vehicles using driveways to Boulevard.
Open storage.
No open storage areas shall be established in BD-1, BD-2, BD-3 and BD-6 Districts.
Open storage areas, where permitted, shall conform to all yard requirements specified for buildings, shall not exceed 25% of the area of the lot and shall be screened from view from any street and any other lot to a height of eight feet by enclosing buildings, fences, walls, embankments or evergreen shrubs or trees; provided, however, that the Planning Board, when approving a site plan under Article VII, may determine that enclosure is not necessary in connection with all or a portion of open storage that is an adjunct to retail sales.
§ 180-25 Approval by Zoning Board of Appeals.
All special permit uses cited in Article V of this chapter shall be subject to review and approval by the Zoning Board of Appeals ("Board of Appeals") in accordance with the standards and procedures set forth herein.
In all cases where this article requires such special use permit authorization by the Board of Appeals, a special use permit application shall be initially submitted to the Zoning Enforcement Officer and referred by the Zoning Enforcement Officer to the Board of Appeals for its consideration. No building permit or certificate of occupancy shall be issued by the Zoning Enforcement Officer and/or Code Enforcement Officer except upon authorization of, and in full conformity with, plans approved, and conditions imposed, by the Board of Appeals.
§ 180-26 General standards.
In authorizing any special permit use, the Board of Appeals shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and that of the immediate neighborhood in particular. The Board of Appeals shall also take into strict account the standards established in Article V for certain uses, applicable supplementary regulations stated in Article VIII of this chapter and the following general objectives for any use requiring authorization by the Board of Appeals.
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to the use and the location of the site with respect to existing and future streets and roads providing access shall be in harmony with the orderly development of the district in which the proposed use would be located.
The location, nature and height of the buildings, structures, equipment, walls and fences and the nature and intensity of intended operations will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
All proposed traffic accessways shall be adequate but not excessive in number; adequate in width, grade, alignment and visibility; sufficiently separated from street intersections and places of public assembly; and meet similar safety considerations.
Adequate provision for safe and accessible off-street parking and loading spaces shall be provided to prevent the parking in public streets of the vehicles of persons associated with or visiting the use.
All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets or roadways, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall include the preservation of existing trees to the extent practicable.
All proposed buildings, structures, equipment and/or material shall be readily accessible for fire and police protection.
The character and appearance of the proposed use, buildings, structures and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood, shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would the operations of any permitted principal use and shall not adversely affect the general welfare of the inhabitants of the Town of North East.
The use shall meet the prescribed area and bulk requirements for the district in which located, or as further specified in the supplementary regulations, including such matters as minimum setback, maximum height, required off-street parking and sign regulations.
The level of services required to support the proposed activity or use is, or will be, available to meet the needs of the proposed activity or use. This consideration shall include the suitability of water supply and sanitary sewage facilities, whether private or publicly provided, to accommodate the intended use.
The use shall be carried out in a manner compatible with its environmental setting and with due consideration of the protection of natural resources.
The Board of Appeals may impose additional conditions and restrictions upon the special permit as may be reasonably necessary to assure continual conformance with all applicable standards and requirements, including reasonable assurance that these conditions and restrictions can be responsibly monitored and enforced.
The Board of Appeals may, when reasonable, waive any preestablished requirement for special permit approval contained in this article, or in Articles V or VIII of this chapter, if the Board finds that any such requirement is found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.
§ 180-27 Special use permit application procedure.
The Board of Appeals shall review and act on all special permit uses in accordance with the procedure specified herein:
Application and fee. All applications made to the Board of Appeals shall be in writing, on forms and in accordance with the schedule prescribed by the Board, and, in order to be considered complete, shall, except as may be waived by the Board on a case-by-case basis due to the minor nature of the specific request, include the following:
A preliminary site plan which demonstrates the overall site layout and building locations, parking areas, access and egress locations, setbacks and buffer areas, lighting, landscaping, signage and the location and extent of existing development on adjacent parcels.
Preliminary building plans and elevations illustrating proposed building construction and alteration, including an indication of exterior materials, textures and colors.
Payment of the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.
Any other information deemed helpful by the applicant or necessary by the Board of Appeals to explain the nature of the proposed use and its consistency with the standards established by this article for special permit uses.
Public notice and hearing. The Board of Appeals shall within 62 calendar days of the receipt of the complete application conduct a public hearing on any such special use permit application. The Board of Appeals shall provide a copy of the notice of said hearing to the applicant, and at such hearing he shall appear in person or by agent. The Board shall additionally provide notice as follows:
By publishing at least five calendar days prior to the date thereof a legal notice in the official newspaper of the Town.
By requiring the Secretary of the Board of Appeals to provide notice of the public hearing to the owners of all property abutting that held by the applicant and all other owners within 200 feet of the land involved in such application. Notice shall be mailed at least 10 calendar days prior to the hearing, with compliance with the notification procedure certified to by the Secretary or other designated Town employee. The Town shall charge the applicant either a flat rate or a stated amount per notice for satisfying this requirement.
The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town.
Provided that there has been substantial compliance with these provisions, the failure to give notice to the abutting owners in exact conformance herewith shall not be deemed to invalidate an action taken by the Board of Appeals in connection with granting or denying a special permit application.
If the land involved in the application lies within 500 feet of the boundary of any other municipality, the Secretary of the Board of Appeals shall also mail, at least five calendar days prior to the public hearing, to the municipal Clerk of such other municipality or municipalities a copy of the official notice of such public hearing.
Consultant review. In its review of an application for special use permit, the Board of Appeals may consult with the Town Zoning Enforcement Officer and/or Code Enforcement Officer, the Superintendent of Highways, the Conservation Advisory Council, the Dutchess County Health Department, other local and county officials and its designated private planning and engineering consultants, in addition to appropriate representatives of state agencies including but not limited to the Department of Transportation, the Health Department and the Department of Environmental Conservation.
Required referral to Dutchess County Department of Planning.
No action shall be taken by the Board of Appeals on such application until an advisory recommendation has been received from said County Planning Department or 30 calendar days have elapsed since the Department received such full statement. In the event that the Dutchess County Department of Planning recommends disapproval of the proposal, or recommends modification thereof, the Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members after the adoption of a resolution fully setting forth the reasons for such contrary action. Within seven calendar days after such final action, the Board shall file a report of the final action it has taken with the County Department of Planning.
Referral to Town Planning Board. Upon receipt of a complete application for a special permit, the Board of Appeals shall refer such application to the Planning Board for an advisory recommendation. No action shall be taken by the Board of Appeals until an advisory recommendation has been received from said Planning Board or until 30 calendar days have elapsed since the date of referral.
Decisions. Every decision of the Board of Appeals with respect to a special use permit application shall be made by resolution within 62 calendar days of the close of the public hearing, which resolution shall clearly state the decision, including findings, and any conditions attached thereto. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. Each such decision shall be filed in the office of the Town Clerk within five business days after such decision is rendered. Copies shall also be sent to the applicant and to the Town's Zoning Enforcement Officer and Code Enforcement Officer.
§ 180-28 Reimbursable costs. [1]
Reimbursable costs incurred by the Board of Appeals for private consultation fees or other extraordinary expense in connection with the review of a special use permit application shall be charged to the applicant as set forth in Chapter 92, Article I, Reimbursement of Professional Fees. Such reimbursable costs shall be in addition to the required application fee. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board. Said fee schedule shall include the requirement that an escrow account be established upon the Board of Appeal's receipt of the application to cover the anticipated costs of such consultant review and other expenses.
§ 180-29 Effect of special use permit approval.
In addition to compliance with all other applicable provisions of this chapter, and all other local, county and state laws, rules and regulations, no building permit shall be issued for any structure regulated by this article until such special use permit has received Board of Appeals approval and a copy of a resolution to that effect has been presented to the Code Enforcement Officer.
No certificate of occupancy shall be issued for any structure or use of land covered by this article until the structure is completed or the land developed in strict accordance with the Board of Appeals' resolution of special use permit approval and other applicable requirements of this chapter.
Any use for which a special use permit has been granted shall be deemed a conforming use in the zoning district in which it is located, provided that such special use permit shall be deemed to affect only the lot or portion thereof for which such special use permit has been granted.
The Board of Appeals may require in its resolution of approval that a special use permit be renewed periodically. Such renewal may be withheld only after public hearing and upon specific determination by the Board of Appeals that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been, or are no longer being, complied with. In such cases, a period of 60 calendar days shall be granted for full compliance by the applicant prior to consideration of the revocation of the special use permit.
§ 180-30 Expiration.
A special use permit shall be deemed to authorize only the particular use or uses expressly specified in the permit and shall expire if the special use permit activity is not commenced and diligently pursued within one calendar year of the date of issuance of the special use permit. Upon prior written request to the Board of Appeals, including a statement of justification for the requested time extension, the time period for initiation of the special permit use may be extended once for a maximum period of one calendar year from its otherwise specified termination date.
§ 180-31 Revocation.
In all instances, including those cited above, a special use permit may be revoked by the Board of Appeals after public hearing, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions limitations and/or requirements imposed by said special use permit.
§ 180-32 Relief from decisions.
Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals on a special use permit application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceedings shall be instituted within 30 days after the filing of the decision in the office of the Town Clerk.
§ 180-33 Uses for which site plan approval required.
Site plan approval by the Planning Board is required for all uses permitted in §§ 180-18, 180-19, 180-20, 180-21, and 180-23 and for special permit uses in all districts. Before issuance of a building permit or certificate of occupancy for a use requiring site plan approval, the detailed site plan for such use shall be reviewed by the Planning Board, and no development shall be carried out except in conformity with such site plan as accepted and approved by the Planning Board.
§ 180-34 Procedure.
Application to Zoning Enforcement Officer.
As provided by § 180-85, Building permits, application for a permit shall be made to the Zoning Enforcement Officer prior to:
If, upon receipt of such application, the Zoning Enforcement Officer determines that the permit shall not be issued without the approval of a site plan by the Planning Board, he shall advise the applicant to prepare an application for site plan approval. The application shall be filed with the Zoning Enforcement Officer along with the required fee. Within five days of its receipt, the Zoning Enforcement Officer shall forward the application to the Planning Board.
Action of the Planning Board.
Meeting with applicant; notification of abutters.[1]
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.
The Secretary of the Planning Board shall provide notice of the application to the owners of all property abutting that held by the applicant and all other owners within 200 feet of the land involved in such application. Notice shall be mailed at least 10 calendar days prior to the meeting, with compliance with the notification procedure certified to by the Secretary or other designated Town employee.
The Town shall charge the applicant either a flat rate or a stated amount per notice for satisfying this requirement.
The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town.
Provided that there has been substantial compliance with these provisions, the failure to give notice to the abutting owners in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in connection with the application.
Review of application. The Planning Board shall determine whether or not the application and site plan are complete. The Planning Board may request the applicant to submit such additional information that the Board deems necessary in order to decide on the application, including details and specifications for elements of the site plan. The Planning Board, upon written request by the applicant, may by resolution determine that the required submission of all or part of the information specified in § 180-35 is not necessary in order to decide on the application and need not be submitted or determine that such information is deferred for submission and decision at a later date.
Disposition of application by Planning Board. The Planning Board may, at its discretion, hold a public hearing on the application for site plan approval, which hearing, if any, shall be held within 62 days after receipt of the application and, upon publication of notice of the hearing, at least five days prior to the date of the hearing. Within 62 days of receipt of the application or within 62 days after the public hearing, if any, 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 application and site plan. The decision of the Planning Board shall be in writing and shall be transmitted to the Zoning Enforcement Officer and the Town Clerk, which decision shall be binding. A copy of said decision shall be mailed to the applicant at the address indicated on the application.[2]
§ 180-35 Material to be submitted by applicant.
The following materials shall be submitted by the applicant:
Statement of use. A written statement, signed by the applicant and by the owner if different from the applicant, describing the following in sufficient detail to determine compliance with the provisions of this chapter, including the use provisions applicable in the district, and to establish the plan and development program basis for review of the site plan submission; four copies shall be submitted:
A declaration as to the nature and extent of the proposed use or occupancy.
Provision to be made for water supply, sewage disposal, solid and liquid waste disposal, drainage and other utilities.
The number of persons to be employed at, occupy and/or visit the premises on a daily basis, including the parking and loading requirements for the use.
An estimate of the type of vehicular traffic and number of vehicle trips to be generated on a daily basis and at peak hour.
The equipment or other methods to be established to comply with the performance standards of § 180-21.
Disclosure of any toxic or other hazardous materials to be used, stored or processed in connection with the proposed use or occupancy as identified in the United States Environmental Protection Agency list of priority pollutants, Section 3001 of the Resource Conservation and Recovery Act (40 CFR 261) or New York State Environmental Conservation Law, Article 27 (6 NYCRR 371).[1]
The name, address and telephone number of the owner of the property and the applicant if not the owner.
The tax parcel number(s) of the property for which application is made and a copy of the Tax Map showing those parcels.
Vicinity maps. A map drawn to a scale of 2,000 feet to the inch or larger, showing the relationship of the proposal to existing community facilities that may affect or serve it, such as roads, shopping areas, schools, etc., which map may be superimposed on a United States Geological Survey Map; and a map drawn to a scale of 400 feet to the inch or larger showing the lot for which the site plan is proposed and all property lines and lots, subdivisions, street rights-of-way and easements within 500 feet of the lot, which map may be based on the Property Tax Assessment Map of the Town.
Site plan. A site plan drawn at a scale of not less than 50 feet to the inch. The site plan shall be prepared by a professional engineer, architect and/or land surveyor licensed to practice in the State of New York and as required by law. The site plan, including details and specifications, shall show all of the following information, both existing on the premises and proposed to be established, and clearly distinguishing between existing and proposed, as applicable to the particular application; four copies shall be submitted.
Property lines of the lot, and any lines delineating any lesser portion of the lot to be used under the application.
Existing contours and proposed grading contours at an interval not exceeding two feet, or equivalent ground elevations, based on mean sea level, including identification of a benchmark at the site.
Buildings, structures, retaining walls, fences and barriers.
Signs and outdoor illumination facilities and the specifications therefor.
The rights-of-way of streets adjoining or serving the lot.
Street pavement, driveways, curbs and sidewalks, and the specifications therefor, and traffic control devices.
Off-street parking and loading spaces, and access aisles and turning areas therefor, and circulation driveways within the lot and to the street.
Open storage areas and provision for solid waste storage and disposal and any screening therefor.
All other paved areas and underground storage facilities.
Watercourses, water bodies and wetlands, and the boundaries of United States Natural Resources Conservation Service soil types.
Storm drainage, sewage disposal and water supply facilities and the engineering computations therefor.
Any areas of special flood hazard and floodways and the base flood and flood elevation data as specified in Chapter 95.
Landscaping, including trees, shrubs, lawn, seeding, stone walls and fences, screening and other landscape features, and the specifications therefor, as well as lines delimiting any natural terrain not to be disturbed.
Provisions for soil erosion and sediment control.
A schedule specifying the area of the lot, the amount of floor area, building ground coverage and total coverage by building and paving in square feet and as a percent of the lot, and the basis for computation of required off-street parking and loading spaces.
The North point, name and seal of the preparer of the plan, date of preparation and all revision dates, including identification of the item revised.
All revisions shall be numbered, dated and notated.
Architectural plans. Architectural plans of all proposed buildings and structures, and signs and outdoor illumination facilities unless otherwise provided in connection with the site plan, as applicable to the particular application, which plans may be preliminary in form but shall include exterior elevation drawings, floor plans and perspective drawings in sufficient detail to indicate the exterior building materials, color, height, bulk, stories, roofline, ornamentation and general character and the interior uses of the floor area, all prepared, except for drawings for signs, by an architect or professional engineer licensed to practice in the State of New York; four copies shall be submitted. All revisions shall be numbered, dated and notated.
Traffic impact report. For proposed site development involving 50 or more new parking spaces or proposed uses projected to generate either more than 200 vehicle trips per day or more than 100 vehicle trips per day per 1,000 square feet of floor area, a traffic impact report, prepared by a licensed engineer recognized as a traffic engineer, indicating the expected average daily vehicular trips and peak hour volumes to be generated by all of the uses on the lot and the access conditions at the lot, distribution of such traffic to be generated, types of vehicles expected, effect upon the level of service on the street giving access to the lot and at nearby intersections and recommended access and street improvements to avoid congestion and provide safe and convenient access, taking into account the site-generated trips and the traffic on the street and at nearby intersections projected to the date of occupancy of the site.[2]
§ 180-36 Standards for site plan approval.
General. In acting on any proposed site plan submission, the Planning Board shall take into consideration the requirements of the Comprehensive Plan and any supplements thereto adopted by the Board, as well as the Official Map as it may be adopted by the Town Board. Site plans shall conform to all other provisions of this chapter and to the standards hereinafter specified.
Neighborhood. The site plan and architectural plan shall be of a character as to harmonize with the neighborhood, to accomplish a transition in character between areas of unlike character, to protect property values and to preserve and enhance the appearance and beauty of the community.
Access and circulation. Provision shall be made for vehicular access to the lot and circulation upon the lot in such a manner as to safeguard against hazards to traffic and pedestrians in the street and upon the lot, to avoid traffic congestion on any street and to provide safe and convenient circulation upon the lot. Access and circulation shall also conform to the following:
Where reasonable alternate access is available, the vehicular access to the lot shall be arranged to avoid commercial traffic use of local residential streets situated in or bordered by residential districts.
Where a lot has frontage on two or more streets, the access shall be provided to the lot across the frontage and to the street where there is lesser potential for traffic congestion and for hazards to traffic and pedestrians.
The street giving access to the lot shall have traffic-carrying capacity and roadway improvements and traffic management facilities that are sufficient to accommodate the amount and types of traffic generated by the proposed use, taking into account access to existing uses along the street and existing traffic projected to the date of occupancy of the site. Roadway, traffic management and other deficiencies in the street giving access, which result in congestion or impairment of safety and convenience, may be remedied by the applicant if authorized by the owner of the street.
Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional signals, frontage road driveways and traffic controls within the street.
Access driveways shall be of a design and have sufficient capacity to avoid queuing of entering vehicles within any street.
Driveways into the lot shall not exceed a grade of 10% and shall meet the street line and travel way of the street with proper transition grades and sight lines for safe, convenient and efficient access and in such a manner as to conform to the established cross section for the street.
Where topographic and other conditions are reasonably usable, provision shall be made for circulation driveway connections to adjoining lots of similar existing or potential use when such driveway connection will facilitate fire protection services and/or when such driveway will enable the public to travel between two existing or potential uses, open to the public generally, without need to travel upon a street.
There shall be no more than one driveway connection from any lot to any street, except that separate entrance and exit driveways may be provided where necessary to safeguard against hazards and to avoid congestion and additional driveway connections may be provided, particularly for but not limited to large tracts and uses of extensive scope, if traffic flow in the street will be facilitated by the additional connection.
Existing streets. Where the lot has frontage on an existing street, proper provision shall be made for grading and improvement of shoulders and sidewalk areas within the right-of-way of the street and for provision of curbs and sidewalks in accordance with the pattern of development along the street. Where necessary to provide for suitable access or for a system of neighborhood circulation streets, provision shall also be made for appropriate continuation and improvement of streets terminating at the lot where the use is to be located.
Parking and loading. Off-street parking and truck loading spaces shall be provided in accordance with § 180-50. Whenever possible, area on the lot shall be provided for any truck maneuvering necessary to use off-street truck loading spaces. Truck loading spaces and maneuvering areas shall have dimensions sufficient to accommodate the type and size of truck expected at the premises.
Drainage.
Provision shall be made on the lot for the management of stormwater, including collection, detention and disposal thereof, in the following manner:
To assure the usability of off-street parking and loading spaces.
To avoid hazards to pedestrians and vehicular traffic on the lot and in any street.
To avoid stormwater flow across sidewalks and other pedestrian ways.
To protect watercourses and wetlands from pollution, erosion and sedimentation.
To avoid an amount of discharge and time of concentration of flow beyond the capacity of downstream drainage channels.
To avoid downstream flooding.
Provision shall also be made for on-site detention or recharge for the protection or improvement of existing watercourses, channels, floodways and other drainage systems, on the lot or downstream from the lot, as needed to accept or regulate the proposed drainage discharge, based on sound design criteria under good engineering practice, taking into account the drainage requirements of the entire watershed in which the lot is located.
Soil erosion and sediment control. Provision shall be made for soil erosion and sediment control, prior to commencement of construction and during and upon completion of construction, in accordance with the current edition of Soil Erosion and Sediment Control Guidebook, published by the Dutchess County Soil and Water Conservation District.
Wetlands and watercourses. Where wetlands and/or watercourses are located on or adjacent to the lot, provision shall be made for their protection in a natural state unless modification is approved by the Planning Board and, when subject to regulatory jurisdiction by a Town, county or state agency, is approved by such agency prior to site plan approval.
Special flood hazard areas. When any part of the lot is located within an area of special flood hazard, the site plan shall conform to the requirements of Chapter 95, Flood Damage Prevention.
Fire protection. Proper provision shall be made for fire protection facilities and access, taking into account any recommendations of the Chief of the Fire Department serving the Town of North East and including the following:
Suitable location for and access to fire hydrants and/or fire ponds and other water storage.
Suitable access to buildings and open storage areas for operation of fire protection vehicles and equipment.
Sufficient controls on traffic and parking to permit access by fire protection vehicles in emergencies.
Adequate circulation driveways within the lot, coordinated with access to other lots, to permit access by fire protection vehicles.
Sanitation. Provision shall be made for water supply, sewage disposal, control of wastes and protection of water quality in accordance with the following criteria:
Proper provision shall be made for the water supply and sewage disposal requirements of the proposed use. When on-site systems are to be used, such systems shall be designed and constructed in accordance with applicable county and/or state law, and the design concept and layout for such systems shall be approved by the Dutchess County Department of Health prior to approval of the site plan. Approval of the site plan may be conditioned upon such Department's approval of the final design of the system.
Proper provision shall be made for the collection, storage and disposal of solid and liquid wastes accumulated in connection with the proposed use and for control of litter by means of receptacles, fences, programs for site maintenance and cleaning and other means approved by the Planning Board.
The site plan shall demonstrate how any toxic or hazardous substances are to be managed in accordance with applicable law and so as to avoid danger to the public health and degradation of surface and ground waters and wetlands.
Proper provision shall be made for any aboveground or in-ground storage of fuels and deicing salts and chemicals in a manner that protects groundwater aquifers having potential for significant water supply.
Landscaping. Landscaping shall be provided and permanently maintained on the lot to conform to the standards of § 180-36A and B, particular requirements of this chapter and the following:
All areas of the lot not covered by buildings and other structures, open storage and approved paving shall be suitably landscaped with trees and/or shrubs, lawns or other suitable landscaping or shall be left as natural terrain if not disturbed by filling, grading or excavation.
Landscaping, including grading, provided in the front yard area of the lot shall be of a type, size and height as to avoid obstruction of minimum sight lines along the street as well as from access driveways onto the street whether the driveway is located on the lot or any other lot, in accordance with the standards of the New York State Department of Transportation.
Lighting. The location, height design, direction and brightness of outdoor illumination (area lighting, floodlighting and illumination of signs) shall be arranged and maintained as follows:
To provide sufficient illumination for safety, convenience and security.
To minimize sky glow.
To safeguard against discomfort glare and disability veiling glare in any street and upon pedestrian ways and vehicular parking, loading and circulation areas on the lot where located or any other lot.
To harmonize with the neighborhood and avoid trespass illumination on any other lot.
Signs. Any signs to be established on the lot shall be part of the site plan submission and shall conform to the standards of § 180-55. In lieu of specific sign proposals in connection with the site plan submission, the applicant may submit and the Planning Board may approve a general sign plan and program for the premises specifying intended locations, sizes, areas, message, design and illumination.
Buildings and structures. Buildings and other structures shall have an exterior design, including finish and color, that conforms to § 180-36A and B. The exterior walls of any building that are visible from any street or any other lot shall present a finished appearance by means of materials consistent with the design of the building as a whole. No mechanical equipment shall be located on the roof of a building if visible from any street unless such equipment is housed or screened from view in a manner consistent with the architectural design of the building.
Nonconformity. After public hearing as provided in § 180-34B(3), the Planning Board may approve a site plan authorizing the erection, moving or alteration of buildings and structures on a lot having existing site development which fails to conform to the standards of this article and/or authorizing continuation, enlargement, extension, moving or reconstruction of existing site development which fails so to conform if the Planning Board finds that the following standards are met:
The proposed construction will result in a general improvement of the lot with regard to safe access, sight lines along streets, suitable drainage and adequate landscaping.
Nonconforming signs and lighting will be brought into a conforming or more nearly conforming condition.
Adequate provision is made for landscaping abutting nonbusiness districts.
There shall be no increase in the nonconformity of buildings and other structures and site improvements.
§ 180-37 Installation of required infrastructure and improvements.
[Added 4-14-2011 by L.L. No. 2-2011]
No final approval for the site plan shall be issued by the Planning Board until such time as the installation of required infrastructure and improvements shown on the site plan has been completed and inspected and approved by the Town's Zoning Enforcement Officer and/or Code Enforcement Officer. Alternatively, in the discretion of the Planning Board, final approval shall be granted, provided a performance bond, or other surety sufficient to cover the full cost of installation of the same, has been posted in accordance with the procedures set forth in Chapter 150, Subdivision of Land, §§ 150-27 and 150-28, of the Town Code. The amount and sufficiency of such performance guarantee shall be determined in accordance with the procedures set forth in those sections of the Town Code. No certificate of occupancy shall be issued until all required infrastructure and improvements as shown in the plans have been installed.
§ 180-38 Applicability.
The supplementary regulations in this article are in addition to those of Article V and, unless otherwise indicated, shall apply in all classes of districts.
§ 180-39 Access to commercial or industrial uses.
No driveway or other means of access for vehicles, other than a public street, shall be maintained or used in any residence district for the servicing of any use located in a business or industrial district.
§ 180-40 Country inns.
[Added 8-14-1986 by L.L. No. 2-1986]
Purpose. A country inn is a use that occupies and provides for rehabilitation of the premises of an existing large residential structure located in the Agricultural (A5A) District or the Very Low Density Residential (R3A) District, with access on arterial highway Route No. 22, 44 or 199. The primary purpose of the country inn shall be the service of food and lodging to transients while maintaining the rural appearance and character of the area. A country inn is a use considered under special permit and licensing procedures in order that a determination is made that the use conforms to the standards of Article VI and the purpose and standards specified in this section, and that the use in its particular location, and in its operation, is consistent with the purpose and intent of this chapter.
Tract. A country inn use shall be located on a lot of at least 20 acres having a frontage of 400 feet or more on arterial highway Route No. 22, 44 or 199 and shall have adequate access to said highway.
Country inn premises.
The country inn use shall have access only from such arterial highway and shall provide for the rehabilitation and conservation of the existing residential structure and usable outbuildings. The main residential structure shall be an existing residential structure containing not less than 3,000 square feet of floor area, excluding basements at the time of the enactment of this section, and the use shall consist of not less than five and not more than 24 rental sleeping rooms for transient lodging in existing buildings or additions thereto, plus the dwellings that may be occupied by the proprietor of the inn and persons employed in the conduct of the use.
Any addition or new building shall maintain the architectural integrity, height and bulk of the existing structures. The floor area of any addition or new building shall not exceed 50% of the floor area of the existing main residential structure.
Yards: front, rear and side. There shall be front, rear and side yards of a minimum of 100 feet in depth, into which there shall be no encroachment by buildings, structures, recreation facilities, pavement or parking spaces, other than access drives to the arterial highway or permitted signs.
Landscaping.
The tract shall be maintained by proper agricultural, forest management and/or conservation practices so as to continue the rural appearance of the tract and area. In addition, the country inn premises shall be appropriately landscaped so as to maintain the rural appearance from the arterial highway and adjacent properties.
When any building, recreation facility or parking space is located within less than 400 feet of an existing dwelling on an abutting lot, a strip of land, at least 50 feet in width, along and adjacent to such lot shall be planted with evergreen shrubs and trees of such type, height and arrangement as will effectively screen the activity from the abutting existing dwelling.
Parking. At least one off-street parking space shall be provided for each rental sleeping room, plus one space for each person employed on the premises in connection with the use. If the use includes a restaurant as an accessory use, off-street parking spaces for such uses shall be provided as specified in § 180-50B. One off-street parking space for loading and unloading of a commercial vehicle shall be provided in connection with the country inn use. Parking shall be strictly limited to designated off-street parking spaces.
Illumination. Outdoor illumination, including illumination of signs, shall be designed to avoid sky glow and disability veiling glare, as well as trespass illumination at the boundary of the tract. Luminaires shall be located or shielded so as to deliver no more than 0.05 footcandle of illumination at the property line, measured in both a horizontal and vertical plane at such line. Illumination of signs shall be limited to floodlighting and floodlighted background silhouette signs.
Noise. Provision to be made for music, entertainment or other unusual sources of sound in connection with the use shall be specified at the time of application for the special permit or any amendment thereto. There shall be no electronic sound speakers located outdoors. No continuous sound or frequent impulse sound shall be generated by the use and transmitted outside the lot as to exceed 55 decibels between 7:00 a.m. and 10:00 p.m. and 45 decibels between 10:00 p.m. and 7:00 a.m., or greater than five decibels above the ambient noise at the point on the boundary of the lot where measured, whichever is greater.
Site plan; codes. The site plan submission specified in Article VII is required in connection with an application for a special permit for a country inn use. A complete plan of existing and proposed landscaping shall be included in the site plan submission. In addition, the applicant shall demonstrate that the proposed use, including rehabilitation of the farmhouse premises and new construction, can be completed in a manner to conform to all current requirements of the New York State Sanitary Code, the Fire Code, the Dutchess County Department of Health, the access requirements of the owner of the arterial highway and other applicable codes, statutes, ordinances and laws. In its site plan approval process, the Planning Board shall have the authority to limit the maximum number of permitted parking spaces so as to ensure that the use of the premises will be consistent with the purposes set forth in § 180-40A of this chapter.
License required for country inn.
It shall be unlawful within the Town for any person or persons to operate a country inn without first securing a written license from the Town Board and complying with the regulations of this chapter. Such license shall be issued only after special permit approval, site plan approval and construction in accordance with the approval plans.
Licensing requirements: fee, form, expiration, revocation inspections:
The application for a license or renewal thereof shall be on forms prescribed by the Town and shall include the name and address of the owner in fee of the property. If the fee ownership is vested in some person other than the applicant, a duly verified statement by the person that the applicant is authorized by the owner to construct or operate a country inn shall accompany the application.
Each license or renewal thereof shall expire two years from the date of its issuance. An application fee for renewal of a license shall be made 60 days prior to its expiration. The Town Board may issue a temporary license, in its discretion, pending its determination of the application.
The application for the license, or renewal thereof, shall be granted if the Town Board finds that the applicant is, and/or will be, operating the country inn in accordance with the purpose of the country inn as defined in § 180-40A of this chapter and in accordance with the purposes, procedures and standards set forth in Articles I, VI, VII and VIII of this chapter and all remaining provisions of this chapter. The Town Board, in making its determination, shall refer the matter to the Planning Board for verification of compliance with the requirements of Article VII of this chapter and with the conditions of the site plan approval, to the Zoning Board of Appeals for verification of compliance with Article VI of this chapter and with the conditions of the special permit approval and to the Zoning Enforcement Officer for investigation and verification of compliance with all other provisions of this chapter. The Planning Board and the Zoning Board of Appeals may, in their discretion, require the Zoning Enforcement Officer to investigate and examine the country inn premises of the applicant for compliance with the applicable ordinances and conditions of approval and to report his or her findings to the Board. The Town Board, Zoning Board of Appeals and the Planning Board may require the applicant to appear before it and submit any additional documentation and/or information required by the Boards in making their respective verifications and determinations. This section shall not be interpreted as a limitation on the powers of the Zoning Board of Appeals, Planning Board and/or Zoning Enforcement Officer vested in them by this chapter, or by any other provision of the Town of North East Code.
The Town Board shall have the authority to enter and inspect any facility licensed hereunder, at any reasonable time, for compliance with the provisions of this chapter. The Board, in its discretion, may delegate this inspection authority to the Zoning Enforcement Officer. Whenever the Town Board has reasonable grounds to believe that any licensee is in violation of the provisions of this chapter, it shall notify such licensee of such violation, together with a demand that such violation is corrected or terminated. Such notice shall be in writing and shall state the nature of the violation and advise the licensee of his right to be heard on the matter of the alleged violation. Such notice may be served upon the person to whom it is directed by delivering it personally to him or by posting the same upon a conspicuous portion of the premises or by sending a copy of such notice by registered mail. In the event that such violation shall continue for a period of five days after the service or mailing of such notice, as herein set forth, the Town Board may revoke the license after providing the licensee with an opportunity to be heard. After such violation of any provision of this chapter has been remedied and/or corrected, the Town Board may, in its discretion, reissue the license.
§ 180-41 Drive-in businesses.
Plans for the erection or structural alteration of drive-in business establishments, as herein defined, shall be submitted to the Planning Board for approval. The Planning Board may require such changes therein in relation to yards, driveways, driveway entrances and exits and the location and height of buildings and enclosures as it may deem best suited to ensure safety, to minimize traffic hazards or difficulties and to safeguard adjacent properties.
§ 180-42 Dwellings.
Cellar occupancy prohibited. It shall be unlawful to occupy all or any part of a cellar for sleeping purposes.
Basement occupancy. Any basement area used for sleeping purposes shall have not less than two means of egress, at least one of which shall be a door giving access to an open area whose surface is at least eight inches below the level of the basement floor. Each basement room used for living purposes shall have a window area, opening to the outside, equal to not less than 1/10 of the floor area of such room.
§ 180-43 Educational centers and institutions.
[Amended 2-24-1983 by L.L. No. 1-1983]
Location. No special permit shall be granted for the construction or expansion of an educational center or institution unless such center or institution has a minimum of 400 feet of frontage on a road designated as an arterial or collector road in the Comprehensive Plan adopted by the Town or unless the Zoning Board of Appeals shall find that there exists suitable and appropriate ingress and egress to and from the center or institution based upon the character of the nonarterial or noncollector road and upon the character and density of the neighborhood affected measured as against the potential for increased traffic and the safety and health of residents in the neighborhood so effected.
Coverage and bulk. The maximum coverage shall be 5%. The maximum floor area ratio shall be 0.05.
Yards, front, rear and side. No part of any building or structure, pavement or parking space shall extend nearer than 200 feet to a property line or side line of a street or 250 feet from the center line of a street, whichever requires the greater setback from the street line.
Structures. No more than one structure shall be used for administration, housing of students and faculty or dining halls per five acres of site area. Structures shall meet all requirements of the New York State Sanitary Code, Fire Code and all other applicable regulations.
Place of assembly. No sports arena or other place of assembly having a capacity of more than 1,000 persons shall have entrances or exits on other than streets that have been designated as primary or secondary streets in the Master Plan of the Town of North East. Where feasible, entrances and exits should be on primary streets and not on streets intended for predominantly residential use.
§ 180-44 Frontage on public street.
No dwelling shall be erected on a lot which does not abut on at least one street for a distance of not less than 40 feet.
No dwelling may be built or erected directly behind another dwelling having access on the same street and within 200 feet thereof. "Directly behind another dwelling" means with more than 1/2 the width of the structure so placed.
No building in the rear of a main building on the same lot may be used for residential purposes, except for domestic employees of the occupants of the main building.
§ 180-45 Junkyards.
Location. No junkyard, as herein defined, shall be located less than 1,000 feet from a district boundary line in which junkyards are not a permitted use.
Setback. No material shall be stored less than 50 feet from any property line of a junkyard.
Fencing. All stored material shall be surrounded by a solid wall or fence at least eight feet high, which visually blocks the view of such material to that height. Said wall or fence shall be constructed of material in good condition and kept in good repair. Where appropriate, landscaping may be required.
Visibility. Junkyards shall comply with § 136 of the General Municipal Law with particular reference to aesthetic considerations. The Town may require such additional requirements as may be deemed appropriate.
Water pollution. No junkyard shall be so situated that the material stored therein in any way, either through direct contact or through runoff, pollutes the bed of any natural or man-made watercourse or other body of water.
Air pollution. No material shall be burned in any junkyard, nor shall material be stored in any such junkyard that offensively affects the sense of smell at any property line of the junkyard.
§ 180-46 Mobile homes.
Except as provided in Article V, no mobile home shall be parked or occupied in the Town of North East outside of an approved mobile home park for more than 48 hours, except upon a special permit issued by the Town Board. Such permit shall be issued for a period not to exceed 30 days and shall not be renewable within the same calendar year.
As an exception to Subsection A above, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants during the construction of a house thereon or, in the event of any emergency as determined by the Town Board, for a period not exceeding 180 days. However, if material progress with house construction work ceases for a consecutive period of 45 days, such permit shall become void.
Also as an exception to Subsection A above, a permit may be issued for parking a mobile home or mobile homes if said mobile homes are used specifically to house persons employed in agriculture on the farm where the mobile home or mobile homes are located, provided that:
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.
Also as an exception to Subsection A above, individual mobile homes so located prior to adoption of this chapter may be replaced on their present sites with mobile homes no less than 720 square feet in area.
The provisions of § 180-47D(4) and (5) shall apply to all individual mobile homes.
§ 180-47 Mobile home parks.
License required for a mobile home park.
It shall be unlawful within the Town for any person or persons to construct or operate a mobile home park without first securing a written license from the Town Board and complying with the regulations of this chapter.
Licensing requirements: fee, form, expiration; inspections.
The application for such annual license or the renewal thereof shall be filed with the Town Clerk and shall be accompanied by a fee computed as set forth by the Town Board fee schedule, based upon the maximum number of proposed mobile home units as shown in the application. The minimum fee for an annual permit shall be as set forth by the Town Board fee schedule. Thereafter, each mobile home shall be assessed on the tax rolls of the Town against the mobile home park owners in accordance with § 102 of the New York Real Property Tax Law.[1]
The application for a license or renewal thereof shall be made on forms prescribed by the Town 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 a 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.
Required application information. Any applicant for a mobile home park license shall state that he, as agent or owner, shall be responsible for the proper maintenance and upkeep of the proposed park, and shall furnish the following information:
Park plan.
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.
Additional provisions. Each mobile home park and each individual mobile home shall be provided with sanitary conveniences, services and utilities, including water supply, sewage disposal and garbage disposal commensurate with the following:
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.
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.
The underportion of the mobile home shall be properly enclosed within 30 days.
All service buildings and the grounds of the camp shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.
Registration.
The licensee shall keep a record of all occupants of the park, noting name and address of each occupant, license numbers of all units and the state issuing such license, if licensed.
The licensee shall keep a copy of the register available for inspection at any reasonable time by any authorized person and shall not destroy such a registry until the expiration of 12 months from the date of registration.
Inspection. Before any park commences operation, the Code Enforcement Officer shall make an inspection of the premises to determine that all requirements of this chapter shall have been complied with and shall issue a certificate of occupancy. No use shall be permitted until such a certificate has been issued.[2]
Revocation or suspension of license.
The Town Board shall have the authority to enter and inspect, for health, sanitary and other provisions of this chapter, any facility licensed hereunder, at any reasonable time.
If, upon inspection, it is found that the licensee has violated any provision of this chapter, the Town Board shall have the power to suspend such license and order the mobile home removed or the mobile home park closed after notice and an opportunity to be heard.
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.
Nonconforming mobile homes and parks. Mobile homes presently located in nonconforming mobile home parks may be replaced on existing lots within said mobile home parks; however, any expansion or additions to said mobile home park must conform to the regulations provided in this chapter.
§ 180-48 Motels.
Motor courts or motels, where allowable under this chapter, shall conform to the following requirements:
Each rental structure shall contain at least eight rental units.
Automobile parking space to accommodate not less than one car for each rental unit, plus one additional space for every two persons regularly employed on the premises, shall be provided. In addition, if the motel includes restaurants, taverns or meeting rooms as accessory uses, parking for these uses shall be provided as required by §§ 180-50 and 180-51.
Each rental unit shall be supplied with hot and cold running water and equipped with a flush toilet. All such fixtures and those of any accessory uses shall be properly connected to the Town water and sewer systems, or other arrangements for water supply and sewage disposal shall be made which shall be approved by the Dutchess County Department of Health.
§ 180-49 Obstruction of vision at intersections.
In all districts, on a corner lot, within the triangular area formed by the center lines of streets from their intersection, as shown on the schedule below, there shall be no obstruction to vision between the height of 3 1/2 feet and the height of 10 feet above the average grade of each street at the center line thereof. The requirements of this section shall not be deemed to prohibit the construction of any necessary retaining wall.
Sight distance for various street widths.
Street Right-of-Way (feet) | Distance from Intersection (feet) | |
|---|---|---|
80 or more | 120 | |
70 to 79 | 110 | |
60 to 69 | 100 | |
50 to 59 | 90 | |
40 to 49 | 80 | |
Under 40 | 70 |
§ 180-50 Off-street parking and automobile storage.
General provisions.
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; 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 is 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 shall 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 and, except in connection with a one-family dwelling, it is necessary to use any part of a street right-of-way for approach, turning and exit of an automobile.
[Amended 10-13-1988 by L.L. No. 4-1988]
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 shall be 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.
Each automobile parking space shall be of such shape as to contain a rectangle having dimensions as follows and vertical clearance, access and slope as to accommodate one automobile:
[Added 10-13-1988 by L.L. No. 4-1988]
Nine feet by 18 feet to accommodate an automobile 18 feet in length.
Eight feet by 15 feet to accommodate a small automobile 15 feet in length, when authorized under Subsection A(8).
Fifteen feet by 18 feet to accommodate an automobile 18 feet in length and reserved for use by physically handicapped persons, which width may be reduced to 12 feet when the space is one of two or more such reserved spaces side by side in a row.
The Planning Board, in connection with approval of a site plan under Article VII, may authorize a reasonable number of off-street parking spaces required in connection with a use to conform to the dimensions specified for small automobiles in Subsection A(7) when the use will consist of a single proprietorship other than a retail business, the number of off-street parking spaces required is 100 or more, the proprietor demonstrates that there will be a system of assigned parking spaces and that there is sufficient and suitable area on the lot to provide the full number of required off-street parking spaces for automobiles 18 feet in length and in compliance with all other requirements of this chapter.
[Added 10-13-1988 by L.L. No. 4-1988]
The Planning Board, in connection with approval of a site plan under Article VII, may authorize off-street parking spaces less in number than specified in Subsection B if the Planning Board determines that the following standards and conditions are met:
[Added 10-13-1988 by L.L. No. 4-1988]
The number of spaces provided on the site plan are sufficient to accommodate the vehicles of all persons using and visiting the particular use or occupancy of a building, structure or land proposed on the site plan and specified in the statement of use submitted under § 180-35A;
There is sufficient and suitable area on the lot to provide the full number of spaces specified in Subsection B and in compliance with all other requirements of this chapter; and
The approval shall be applicable only to the particular use or occupancy of the building, structure or land specified in such statement of use, and the site plan so approved and any building permit and certificate of occupancy issued for the use shall be null and void in the event that such use or occupancy is changed to another use or occupancy.[1]
No commercial motor vehicle of more than one ton's capacity shall be parked or stored overnight on the street in any residential district.
[Amended 10-13-1988 by L.L. No. 4-1988]
Detailed provisions.
[Amended 10-13-1988 by L.L. No. 4-1988]
Use | Number of Parking Spaces Required | |
|---|---|---|
Amusement facilities | 1 for every 5 customers, computed on the basis of maximum servicing capacity at any one time, plus additional space for every 2 persons regularly employed on the premises | |
Apartment houses (multifamily dwellings, row houses or townhouses and apartment hotels) | 1 1/2 for each dwelling unit | |
Auditorium | 1 for every 5 seats occupied at maximum capacity | |
Boardinghouse | 1 for each sleeping room occupied by roomers or boarders, plus 1 for each dwelling unit on the premises and plus 1 additional space for every 2 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 | 1 for every 50 square feet of aggregate floor area in auditorium, assembly hall and dining room of such building, plus 1 additional space for every 2 persons regularly employed on the premises | |
Colleges (educational institutions) | 1 for every 5 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, 1 parking space shall be provided for each person regularly employed at such institution, plus 5 additional spaces for each classroom. | |
Dental clinics | 3 for each doctor or dentist, plus 1 additional space for every 2 regular employees | |
Dormitories | 1 for every 2 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 | 1 for every 100 square feet of total floor area | |
Electrical shops | Parking or storage space for all vehicles used directly in conduct of the business, plus 1 parking space for each 2 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 1 parking space for each 2 persons regularly employed on the premises | |
Funeral homes | Parking or storage space for all vehicles used directly in the conduct of the business, plus 1 parking space for every 2 persons regularly employed on the premises and 1 space for every 6 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 | 1 for every 2 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 spaces per 1,000 square feet of floor area, excluding floor area in basements used only for storage, maintenance and utility systems that are ancillary to uses in the building | |
Industrial plants and facilities | Parking or storage space for all vehicles used directly in the conduct of such industrial use, plus 1 space for every 2 employees on the premises at the maximum employment on a single shift | |
Junior high schools (secondary) | 1 for every 5 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, 1 space shall be provided for every person regularly employed at such school, plus 2 additional spaces for each classroom | |
Medical clinics | As listed under dental clinics | |
Mobile home parks | As required in § 180-47 | |
Mobile homes | 2 for each mobile home | |
Motels | As required in § 180-48 | |
Nursing home | 1 for every 2 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 | 1 for every 250 square feet of floor area used for office space and access thereto, excluding floor area in basements used only for storage, maintenance and utility systems that are ancillary to office uses in the building | |
Outdoor retail business | Parking or storage space for all vehicles used directly in the conduct of such business, plus 1 space for every 2 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 garage, motor vehicle repair | Indoor or outdoor parking or storage space for all vehicles used directly in the conduct of such business, plus 3 spaces for each person regularly employed on the premises | |
Public school (elementary) | 1 for each person regularly employed at such school, plus 1 additional space for each classroom | |
Recreational centers and facilities | As listed under amusement facilities | |
Repair shops | As listed under electrical shops | |
Residences (one-family, two-family and semidetached dwellings) | 2 for each dwelling unit | |
Residences (dwelling unit with home occupation) | 4 | |
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 | 1 for every 2 washing machines and/or 2 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 1 space for each gas pump, 3 spaces for each grease rack and 1 space for every 2 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 | 1 for every 100 square feet of waiting room space, plus 1 additional space for every 2 persons regularly employed on the premises | |
Trucking terminal | As listed under freight terminals | |
Warehouses | As listed under freight terminals | |
Wholesale business | Parking or storage space for all vehicles used directly in the conduct of such business, plus 1 space for each 2 persons employed on the premises based on maximum seasonal employment |
§ 180-51 Off-street parking for commercial vehicles while loading and unloading.
General provisions.
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.
Detailed provisions.
Use | Number of Required Loading/Unloading Space | Minimum Dimensions | |
|---|---|---|---|
Freight terminals | 1 for every 5,000 square feet of total floor space area | 12 feet by 55 feet by 14 feet high | |
Hospitals | 1 in addition to any necessary emergency unloading space for ambulances | 12 feet by 35 feet by 14 feet high | |
Hotels | 1 | 12 feet by 35 feet by 14 feet high | |
Indoor markets | 1 for every 7,500 square feet or less of total floor area | 12 feet by 55 feet by 14 feet high | |
Industrial plants | 1 for every 10,000 square feet of total floor area, or as required by the Board of Appeals | 12 feet by 55 feet by 14 feet high | |
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 | ||
§ 180-52 Public garages and motor vehicle service stations.
No public garage or motor vehicle service station or private garage for more than five cars shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, theater, hospital, public park, playground or fire station. Such measurement shall be taken as the shortest distance between such entrances across the street, if the entrances are on opposite sides of the street, and along the street frontage, if both entrances are on the same side of the street or within the same square block.
All motor vehicle service stations shall be so arranged as to require all servicing on the premises and outside the public way; and no gasoline pump shall be placed closer to any side property line than 50 feet, or closer to any street line than 10 feet.
No inoperative motor vehicle shall be kept on the premises of a motor vehicle service station for longer than two weeks.
All waste material shall be stored within a structure or enclosed within a fencing at least eight feet high and not visible at any property line of the establishment.
On any streets which provide access to gasoline pumps, all repair facilities shall be at least 15 feet farther from the street line than the side of the gasoline pumps farthest from the street line.
§ 180-53 Public stable.
§ 180-54 Quarries, sand and gravel pits, topsoil removal and major excavating, grading and filling.
Rock and stone crushing and mixing stone or gravel with asphaltic oils or other binders shall be prohibited in all districts. However, the above shall not prevent issuance by the Board of Appeals of a temporary permit, under § 180-57, for a mixing plant in connection with a particular construction project for the period of its construction.
[Amended 9-11-1980 by L.L. No. 3-1980]
A quarry for the removal of stone in bulk without crushing, a sand or gravel pit and topsoil removal may be authorized by the Board of Appeals where permitted by Article V as a special permit, under the conditions set forth in Article VI, provided that:[1]
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 Article VI 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 Town of North East, satisfactory to the Town 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 B(3) above, has been posted with the Town 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 B(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 (5) above, inclusive.
In the operation of any quarry, sand or gravel pit, the following shall be observed:
No excavation, blasing 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.
§ 180-55 Signs and billboards.
[Amended 9-11-1980 by L.L. No. 3-1980; 9-3-2009 by L.L. No. 3-2009]
General provisions.
Intent. The Town of North East has adopted the principles of the Greenway Compact Plan, which is embodied in a document entitled "Greenway Guide." This document includes guidelines for development planning, including a guide for signs. The revisions to the sign criteria of this chapter were developed with the recommendations of the Greenway Guide in mind. The text of the Greenway sign guide is hereby incorporated into this chapter as Appendix A.[1] The intent of these regulations is to:
Reasonably control the physical characteristics of signs by regulating their size, height, location, number, and other characteristics.
Protect the public health, welfare and safety of the community and the residents therein.
Improve the community's visual appearance.
Promote an attractive business environment.
Maintain the rural character and scenic natural beauty of the community.
Improve pedestrian and traffic safety.
Enable the fair and consistent enforcement of these regulations.
Encourage the installation of appropriate signs that harmonize with the buildings, neighborhoods and other signs in the area.
[1]
Editor's Note: Copies of Appendix A are available in the Town offices.
Sign permit approval required. Signs for the purposes of identification, direction, information, notice or warning are a permitted accessory use solely in conjunction with a principal permitted or special permitted use. Except as otherwise provided, no sign or other advertising device shall be erected, constructed, displayed, moved, reconstructed, extended, enlarged, painted, 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. Within 12 months following the effective date of this section, the Zoning Enforcement Officer shall provide a certificate of compliance to all owners of existing signs that conform to these regulations. The certificate of compliance will be considered equivalent to a sign permit.
Continued conformance required. Continued conformance with all requirements shown on the sign permit or certificate of compliance shall be deemed to be a condition for the continuation of the sign permit. Any violation of a condition of such approval shall be subject to the same penalties as a zoning violation. In addition, the Planning Board shall not issue any other permit or certificate related to any property for which a notice of violation of these regulations has been served until said violation shall have been resolved to the satisfaction of the approval authority, or to the court, as appropriate.
Administration.
Exempted signs. The following list identifies signs that are exempt from permit requirements. Any signs not on the list of exempted signs either require a permit or are prohibited:
Residential identification signs for identifying a residence and for permitted home occupations, not exceeding two square feet and set back at least 10 feet from the public right-of-way. Such sign shall be limited to the house number, resident's name and/or home occupation (if any).
One temporary, nonilluminated "for sale," "for rent," real estate sign or construction sign identifying the parties involved in the design, financing or provision of labor or materials used on the premises, not exceeding six square feet per face. Any such sign shall be removed within 21 days of sale, lease, rental, or completion of construction of the premises.
Temporary, nonilluminated window signs and posters in aggregate not exceeding 10% of any window's surface.
Flags and insignia of any government, except when displayed in connection with commercial promotion.
Nonilluminated warning, "private drive," "posted" or "no trespassing" signs, not exceeding two square feet per face.
Traffic or other municipal signs, legal notices, danger, and such temporary emergency signs as may be approved by the Zoning Enforcement Officer.
Nonilluminated "garage sale," "yard sale," "barn sale," "tag sale," or similarly descriptive sign, up to six square feet in area, located fully on the premises on which the sale is being conducted. All such signs may be displayed for a period of up to 48 hours in advance of the sale and up to 12 hours after its completion.
Not more than one temporary event sign, not exceeding 32 square feet in surface area, displayed on private property, announcing a drive or event of a civic, philanthropic, educational or religious organization, to be erected not more than 21 calendar days prior to the event and removed within a period of 24 hours after the event.
One temporary sign for a farm stand selling agricultural produce grown on the premises in season, providing such sign shall not exceed 10 square feet and be set back at least 10 feet from the public right-of-way.
Historical markers, when constructed of permanent materials such as bronze, stainless steel, or similar material; and wood emblems installed by government agencies, religious or nonprofit organizations; not exceeding six square feet.
Not more than one temporary event banner, not exceeding 40 square feet in surface area, displayed over or along the highway right-of-way, subject to permission by the municipal department responsible for maintenance of the respective highway, announcing a campaign, drive or event of a political, civic, philanthropic, educational or religious organization, to be erected not more than 21 calendar days prior to the event and removed within a period of 48 hours after the event.
Application process.
For permitted signs on property not subject to site plan approval, sign permit applications and payment of the required sign permit fee, in accordance with the Town of North East fee schedule, shall be submitted to the Zoning Enforcement Officer. The Zoning Enforcement Officer shall have 10 business days to issue or deny a sign permit.
Application content. The sign application shall include a scaled drawing depicting the proposed size, type, mounting, location and illumination of all signs to be constructed. The size, type and location of existing signs on the property shall also be stated. A full description of the placement and appearance of the proposed sign shall include the following:
The position of the sign in relation to adjacent buildings, structures, property lines, other signs, lighting fixtures, walls and fences.
Graphic design, including pictorial matter, letters, materials, and colors.
Such other and additional information as may be reasonably required by the Zoning Enforcement Officer and/or Planning Board.
Application fee. There is a fee for each sign permit application as per the fee schedule adopted by the Town of North East.
Violations. Violations of this section shall be dealt with as set forth in § 180-97 of this chapter. Prior to any enforcement action, the Zoning Enforcement Officer shall notify the owner of the premises and, where feasible, the business identified in the sign, by certified mail of the violation, and such notice shall require compliance within seven days. Failure to cure the violation within seven days of notification will be cause for instituting further action in accordance with § 180-97.
Provisions applicable to all signs in all districts.
Prohibited signs. All signs not expressly allowed under this chapter are prohibited in the Town of North East. Prohibited signs include:
Inflatable signs and tethered balloons.
Billboards.
Roof-mounted signs or signs otherwise mounted on a building in a way so as to extend above the wall of the building to which it is attached.
Portable signs. With the exception of the temporary signs discussed in Subsection B(1) above, all signs shall be permanently and directly affixed to either the ground, a building or a sign structure.
Posters.
Signs that may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street intersection, or extend into the public right-of-way.
Illumination and materials.
Applicants are encouraged to construct signs of material most in keeping with the rural character of the Town, such as wood, stone or iron.
The use of moving, blinking, intermittent, flashing, or internally illuminated signs is prohibited. Animated signs or signs which incorporate electronic, mechanical or electromechanical display elements are prohibited, with the exception of signs allowed by provisions of Subsection F(2)(b)[1][b]. No sign shall contain luminous or reflective material, retroreflective sheeting, lettering or background with fluorescent paint, or sequin-studded lettering. Strings of lights shall be limited to decorative or holiday lights of low wattage installed for no more than a single sixty-day period each calendar year.
Lighting fixtures for the external illumination of signs shall be of an appropriate type and design to limit illumination to the sign, shall be directed downward, and shall be so located and/or shielded so as to not be a safety hazard for motorists nor a nuisance to adjoining property owners. This shall require that the edge of the beam of any artificial light source shall not cross any property line of the premises on which the sign is situated or shine or glare into any roadway or off-site area. Lighting shall not exceed 1,200 lumens per 10 square feet of sign area, which is intended to represent the luminosity of a seventy-five-watt incandescent lamp. The color temperature of light sources will be as close as possible to natural daylight.
Rules for measuring signs.
Back-to-back signs, identical signs arranged back to back or diverging by less than 30° from a common point, may be counted as one sign, and only the square footage of one face shall be counted.
The sign area shall be based on the sum of the individual areas of the smallest geometric shape or combination of geometric shapes capable of encompassing the perimeters of the individual elements comprising the sign, but not including any supporting framework or bracing.[3]
Signs permitted in all commercial districts. The following signs are allowed in all commercial districts (Highway Business Districts, Industrial and Light Industrial Districts and Boulevard Districts), provided that a sign permit is obtained.
Temporary signs as permitted in § 180-55B(1)(h).
On-premises, nonilluminated directional signs for the convenience of the general public identifying public parking areas, fire zones, entrances and exits and similar signs, not exceeding four square feet per face and six feet in height.
Signs in Industrial (M) and Light Industrial (M-A) Districts.
General provisions.
Monument signs are preferred to freestanding signs. The height of any sign shall not exceed nine feet.
The minimum setback of a sign shall be 35 feet from the front property line in the M and M-A districts.
Signs requiring a permit.
One monument or freestanding sign is permitted per tax parcel not to exceed 32 square feet in area, provided the subject parcel conforms to all bulk requirements of this chapter. If the parcel is preexisting and does not conform to the minimum lot area required for the zoning district, then the size of the sign shall be reduced in proportion to the size of the subject parcel relative to the district's minimum lot area.
Facade signs shall not exceed 5% of the area of the facade to which they are attached. The aggregate area of facade signs per tax parcel shall not exceed 20 square feet.
Signs in Boulevard (BD) and Highway Business (HB) Districts.
Signs requiring a permit.
Shopping centers.
To carry out the intent of the law as outlined in Subsection A, shopping centers are required to create a uniform sign plan. This plan must be developed as part of the site plan review for a new shopping center or when the first sign changes at an existing shopping center.
One freestanding or ground-based monument sign not to exceed 32 square feet and that is well integrated into the overall landscaping for the frontage is permitted. Shopping centers are allowed one such monument sign. A directory sign, if used, must be included in the 32 square feet, but more than five listings are discouraged.
One facade sign per business establishment, the maximum area of which shall be 40 square feet or 5% of the area of the main entrance facade occupied by the business establishment to which it is attached, whichever is less. In no event, however, shall the aggregate area of facade signs on one building exceed 5% of the facade area of that building. Large facade signs and multiple facade signs are discouraged.
One hanging sign per business establishment, not to exceed four square feet in area and having its lowest point at least seven feet from the ground directly below it.
On-premises freestanding entrance and exit directional signs each no larger than two square feet in area and only when necessary to direct safe traffic flow.
Gas stations/convenience stores.
One freestanding or monument sign per gas station not to exceed 25 square feet for display of brand and/or business names and gas prices. No more than 50% of the allotted area will be used to display fuel pricing. The sign will be set back from the property line in such a way as to insure that it does not interfere with line of sight for traffic entering or exiting the property.
[Amended 5-12-2011 by L.L. No. 3-2011]
The monument sign shall not be internally lit, nor shall it include self-illuminating display elements such as video displays, light-emitting diode (LED) display matrices, nor any flashing, alternating or animated display elements, except as permitted in Subsection F(2)(b)[1][b] hereafter.
The monument sign may incorporate electronic, mechanical or electromechanical display elements solely for the purposes of displaying fuel pricing which may change frequently. Such display elements shall be limited by design to display of fuel prices, may be self-illuminating and shall not be capable of displaying any other information. Display of fuel prices shall also be allowed by light-emitting diode (LED) numerals with changeable copy. In all signs allowed in this subsection the numbers must be constant and nonflashing. The sign elements shall not conflict with the requirements of Subsection F(2)(b)[1][a] above.
The light-emitting diode (LED) price elements of any monument or sign shall be extinguished when gasoline and other fuel is not being sold at the pumps and/or when the gasoline station/convenience store is not in operation.
One facade sign per gas station/convenience store, the maximum area of which shall be 20 square feet or 5% of the area of the main entrance facade to which it is attached, whichever is less. In no event, however, shall the aggregate area of facade signs on one building exceed 20 square feet or 5% of the facade area of that building, whichever is less.
Required over-the-pump price signs are allowed, but they are not to exceed the minimum size required by the applicable state or federal law.
No signage may be installed on canopy structures.
Gas stations/convenience stores are not permitted to display advertising signs, banners or flags on fuel dispensers, canopies, roadside signs nor any other infrastructure.
Businesses in the Boulevard District and Highway Business Districts which are not gas stations/convenience stores or are not within a shopping canter.
One freestanding or monument sign per tax parcel not to exceed 20 square feet in area.
One hanging sign per business establishment, not to exceed four square feet in area and having its lowest point at least seven feet from the ground directly below it.
One facade sign per business establishment, the maximum area of which shall be 20 square feet. In no event, however, shall the aggregate area of facade signs on one building exceed 40 square feet.
Signs in Agricultural (A5A), Very-Low-Density Residential (R3A), Low-Density Residential (R1A), Medium-Density Residential (R20,000) and Land Conservation (LC) Districts.
General provisions.
The maximum height of a freestanding sign shall be nine feet.
No sign, except residential identification signs attached to a mailbox, shall be placed in or extend into the road right-of-way.
Illumination of signs, when allowed, shall be in accordance with the provisions of Subsection C(2) for signs conforming to these regulations; nonconforming signs may not have illumination added to them. Sign illumination in the A5A, R3A, R1A, R20,000 and LC Districts must be actuated by means of a mechanical or electronic timer, which must be set to turn off illumination at close of business.
Signs requiring a permit.
One freestanding sign not to exceed 15 square feet for uses located on an arterial highway and 10 square feet for uses located on other roads, identifying a use permitted in the zoning regulations.
Two farm produce signs (one in each direction) identifying specific produce in season, for a farm market selling farm products. The signs shall not exceed six square feet in area and shall be located within 1,000 feet of the stand or farm where the produce is sold.
Off-premises directional signs.
General provisions. Off-premises directional signs may be erected giving directions to a business located in the Town on a secondary road (roads other than Routes 22, 44, and 199), provided that the following conditions are met:
The sign text is limited to the business name and distance.
The sign shall not contain any graphical elements other than a pointer arrow and plain block-lettered text.
The sign shall be white with black lettering and pointer arrow.
Sign permit approval is obtained.
The applicant has the written permission of the owner of the property on which the sign is to be located.
The sign does not exceed four square feet in area.
The sign is designed to direct one to a business which is not located on Route 22, 44, or 199 but is located in the Town of North East.
The sign must be within 50 feet of an intersection. An intersection is defined as the point at which the center lines of two roads intersect.
The maximum height of the sign shall be eight feet; its lowest point shall be at least three feet from the ground directly below it. It shall not be placed on a road right-of-way nor shall it be permitted to overhang into a road right-of-way.
Off-premises directional signs shall not be illuminated.
A business is allowed one sign at the nearest relevant intersection. A special permit may be requested from the Zoning Board of Appeals for additional off-premises directional signs where a business can show that the most direct route from the nearest relevant intersection on state or county routes to the business's location involves an intersection or intersections where additional directional signs are necessary.
There shall be no more than four off-premises directional signs located on any one property. Multiple off-premises directional signs at an intersection shall be placed together and joined in a stacked arrangement on a common mounting post.
Grand opening signs. A business located in either the Boulevard District or any of the Highway Business Districts or Industrial or Light Industrial Districts shall be permitted to obtain a permit for a grand opening sign. Applications specifically describing the grand opening sign shall be made to the Zoning Enforcement Officer who shall issue a permit if the requirements of this section are met. The permit shall be for a period of 14 days commencing on the date of the opening of the business. The sign shall be no larger in area than the maximum area of the permitted freestanding or monument sign in the zoning district where the business is located. It may have attached to it banners, flags, pennants, ribbons or streamers. It may be portable. In no event shall it constitute a hazard.
Nonconforming signs. In the event a sign lawfully erected prior to the effective date of this section does not conform to the provisions and standards of the section, then such shall be subject to the following provisions:
Within six months from the effective date of this section, 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 six months of the notice by the Zoning Enforcement Officer, all property owners must register with the Zoning Enforcement Officer the existence of their nonconforming signs. 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 six months of the notice by the Zoning Enforcement Officer, the sign may remain as a nonconforming sign until such time as the business changes ownership or the sign or any portion thereof is replaced.
The municipality may cause to be removed any nonconforming sign which is not registered within one year of the effective date of this section.
With the exception of billboards and roof-mounted signs, if a nonconforming sign is included under the prohibited signs provisions in Subsection C(1), then such sign shall be modified by its owner to comply, or be removed within 30 days after the owner received notice from the Zoning Enforcement Officer to so comply.
Billboard signs in active use shall be removed within 10 years after the owner has received notice from the Zoning Enforcement Officer to so comply. Billboards predating this chapter shall be permitted to continue as a nonconforming use during this ten-year period, unless said use ceases for a continuous period of one year for any reason, in which event, said nonconforming billboard shall be deemed to have been abandoned and discontinued, and such use may not thereafter be reinstated. The property owner shall then be responsible for the removal of the abandoned and discontinued billboard. For the purposes of this chapter, a billboard use is considered to have ceased if it meets the criteria for blank signs in 17 NYCRR 150.1 of New York State law.
Roof-mounted signs shall be removed within five years after the owner has received notice from the Zoning Enforcement Officer to so comply.
With the exception of billboards and roof-mounted signs, a nonconforming sign may be maintained and repainted so long as its lettering, wording, design, size, shape, and location are not changed.
Obsolete signs. Any sign which advertises a business or product or service no longer available for purchase on the premises shall be deemed obsolete and must be removed within 30 days after cessation of the business or sale of the products and services from the premises. A billboard that is abandoned and discontinued, as per Subsection J(5) above, shall be considered an obsolete sign.
Enforcement.
Violations of the sign regulations contained herein are subject to the enforcement procedures outlined in § 180-97 of this chapter.
Recovery of cost of removal. At the sole discretion of the Town, the reasonable and necessary costs incurred for removal of any sign by the Town pursuant to this shall be charged against the real property from which the sign was removed by adding that charge to, and making it a part of, the next annual real property tax assessment roll of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town-assessed taxes and shall be paid to the Town Clerk, to be applied to reimbursing the fund from which the costs of sign removal were paid. Prior to charging such assessments, the owner of the real property shall be provided written notice by certified mail, return receipt requested, to the last known address of record, of an opportunity to be heard and object before the Town Board to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing.
§ 180-56 Storage of flammable liquids.
The storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable liquid in aboveground tanks in an amount greater than 550 gallons shall be permitted only when such tanks, up to and including 10,000 gallons' capacity, are placed not less than 50 feet from all property lines and when all such tanks of more than 10,000 gallons' capacity are placed not less than 100 feet from all property lines. Any such storage having a capacity greater than 550 gallons shall be properly dyked with earthen dykes having a capacity not less than 1 1/2 times the capacity of the tank or tanks surrounded.
§ 180-57 Temporary uses and structures.
A temporary permit may be issued by the Zoning Enforcement Officer, for a period not exceeding one year, for a nonconforming use incidental to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials and a real estate office located on the tract being offered for sale, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. This section does not apply to structures used for residential purposes. Such permits may be renewed yearly, upon application to the Zoning Enforcement Officer, for an additional period of one year.
§ 180-58 Yard exceptions for private garages on steep slopes.
Where the topography is such that the slope of the land exceeds 15%, and, therefore, access to a private garage built back of the front building line as required by this chapter is impracticable, it shall be permissible to place such building, not exceeding 12 feet in height, within the front yard space, but not closer to the street line than 18 feet.
§ 180-59 Nursery farms.
[Added 5-17-1984 by L.L. No. 1-1984]
Location. No special permit shall be granted for the construction or expansion of any building on a nursery farm unless such nursery farm has a minimum of 400 feet of frontage on a road designated as an arterial road in the Comprehensive Plan adopted by the Town and unless ingress and egress to and from the retail sales area is solely from the arterial road.
Sale of products produced off-premises. Agricultural products that are nonmechanical and used by the farmer ordinarily in the production of his crop or commodity and plant life similar to that grown on the farm may also be sold, provided that the aggregate retail value of these agricultural products and similar plant life does not exceed 33 1/3% of the retail value of all products sold at the premises annually.
Yards, front, rear and side. There shall be a front yard 80 feet in depth into which there shall be no encroachment of structures or commercial usages other than signs and parking of not more than 25 cars. No part of any building or structure, pavement or parking space shall extend nearer than 50 feet to a side or rear property line.
Landscape treatment. All property shall be appropriately landscaped, particularly at the front. A property abutting a residential use at the side or rear shall be permanently planted with shrubs and trees for a width of 50 feet on such abutting property line where the distance between the retail buildings or structures, pavement or parking space and the residence is less than 400 feet.
Nonresidential employees. There shall be no more than five nonresident employees involved in the nursery farm retail sales.
Coverage. The maximum floor area devoted to retail sales shall be 5,000 square feet.
§ 180-60 Accessory apartments.
[Added 2-9-1989 by L.L. No. 3-1989]
Legislative findings. The Comprehensive Plan of the Town of North East 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 Town is pursuing a variety of approaches to increase housing opportunities. In addition to this section, to provide for accessory apartments, the Town Board is also introducing legislation to allow ECHO units 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. The housing study, which has been adopted as part of the Town Master Plan by the Town Board and the North East 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 Town. 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 North East Town Board hereby finds that economic conditions have created a scarcity of affordable housing. By adoption of this legislation, the Town Board seeks to promote affordable housing opportunities and encourage the creation of rental units.
Purpose. It is the specific purpose and intent of this section 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 section 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.
Floor area. The minimum floor area of an accessory apartment shall be 300 square feet, but in no case shall the floor area of an accessory apartment within a principal dwelling exceed 35% of the total floor area of the building, unless, in the opinion of the Board of Appeals, a greater or lesser amount of floor area is warranted by the specific characteristics of the particular building and lot and the circumstances of the case.
Bedrooms. There shall be a maximum of two bedrooms in the accessory apartment.
One-family character. A dwelling containing an accessory apartment shall, to the degree reasonably feasible, maintain the character and appearance of a one-family dwelling and shall have only one front entrance, when practicable.
Expansion of existing structure. An accessory apartment shall be permitted only within an existing one-family dwelling, an existing building accessory to a one-family dwelling or built on the same foundation as a new one-family dwelling, and not on any separate foundation. Additions to an existing building to accommodate an accessory apartment shall increase neither the floor area of the building nor the lot coverage of the building by more than 10%.
Eligible structures. All one-family dwellings shall be eligible for this special permit, whether existing or newly constructed. An accessory building shall be eligible for this special permit if such accessory building was constructed prior to the effective date of this section, notwithstanding § 180-44C, relating to frontage on a public street. An accessory building to a one-family dwelling, if such accessory building is constructed subsequent to the effective date of this section, shall be eligible for this special permit five years after it is constructed, notwithstanding § 180-44C. Proof of the date of construction may be established by a certificate of occupancy or other means acceptable to the Board of Appeals.
Lot size. The minimum lot size for the principal dwelling and a specially permitted accessory apartment shall conform to the requirements for a one-family dwelling in the district in which the building or buildings are located.
Number of dwelling units per lot. Only one accessory apartment per lot shall be permitted. No special permit for an accessory apartment shall be issued for a lot where the principal dwelling is other than a one-family dwelling or where a permit for an ECHO unit is in force.
Parking. Parking requirements shall conform to those set forth in § 180-50B, Residences, requiring two parking spaces per dwelling unit, except that the Board of Appeals may reduce the number of parking spaces required per accessory apartment if circumstances so warrant.
Adequacy of infrastructure.
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.
Construction. The accessory apartment shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code.
Application process. Application for a special permit for an accessory apartment shall be made to the Zoning Enforcement Officer in accordance with the standards and procedures set forth in Article VI of this chapter, subject to the following additional provisions:
Materials to assist the Board of Appeals in reviewing an application for a special permit, as described in Article VI, § 180-26, 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 Board of Appeals shall consider the following factors, in addition to those described in § 180-26:
Whether the use will be in harmony with and promote the general purpose of this section.
Whether the use will conserve property values and encourage the most appropriate uses of land.
Whether the lot area is sufficient, appropriate and adequate for the use, particularly with regard to septic system and water requirements.
Whether the application is consistent with the Town Master Plan.
Revocation of special permit. A special permit for an accessory apartment may be revoked by the Board of Appeals, after notice and a hearing, if:
Existing accessory apartments. All owners of existing accessory apartments not created in compliance with this chapter shall apply for a special permit within six months of the effective date of this section. If application is not made within this period, the owner shall be in violation of this section, as incorporated within this chapter, and shall be subject to the penalties provided in § 180-97.
§ 180-61 ECHO units.
[Added 2-9-1989 by L.L. No. 2-1989]
Legislative findings. The Comprehensive Plan of the Town of North East 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 Town is pursuing a variety of approaches to increase housing opportunities. In addition to this section, to provide for ECHO housing, the Town 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 Town Board and the North East 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 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 North East Town 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.
Purpose. It is the purpose and intent of this section to accomplish the Town's Master Plan objectives by allowing, by special permit, the installation of small, removable homes known as "elder cottage housing opportunity (ECHO) units" on the same lots with one-family dwellings in all districts that allow one-family dwellings as a permitted principal use. Specifically, this section is intended to:
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.
Occupancy.
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.
Size of unit. The minimum floor area of an ECHO unit shall be 300 square feet, the maximum floor area 900 square feet and the maximum height 16 feet or one story.
Placement of an ECHO unit. Notwithstanding § 180-44, relating to road frontage on public street, the ECHO unit shall be placed in the side yard or the rear of the principal dwelling. Pedestrian access must be provided to the ECHO unit without going through the principal dwelling.
Access. All walkways from parking areas and from the principal dwelling to the ECHO unit shall be suitable for wheelchair and stretcher access.
Parking. In addition to the parking required for the principal dwelling, one parking space for the ECHO unit shall be required, except that the Board of Appeals may increase the required number of parking spaces to two if circumstances so warrant.
Waiver of requirements. The Board of Appeals may waive the requirements of this law, if so warranted by the specific characteristics of the particular structures and lot and circumstances of the case, upon showing that the waiver will not negatively affect public health, safety or welfare and that the waiver will be in harmony with and promote the general purpose of this section.
Number of dwelling units per lot. Only one ECHO unit per lot shall be permitted. No special permit for an ECHO unit shall be issued for a lot where the principal dwelling is other than a one-family dwelling or where a permit for an accessory apartment is in force.
Enclosure of underportion. The underportion of the unit shall be properly enclosed within 30 days of installation.
Removability.
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.
Adequacy of infrastructure.
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.
Application process. Application for a special permit for an ECHO unit shall be made to the Zoning Enforcement Officer in accordance with the standards and procedures set forth in Article VI of this chapter, subject to the following additional provisions:
Materials to assist the Board of Appeals in reviewing an application for a special permit, as described in Article VI, § 180-26, shall include:
The names of all owners of record of the principal dwelling, lot and ECHO unit.
The names of the proposed occupants of the ECHO unit.
The relationship between the occupants of the principal dwelling and the occupants of the ECHO unit.
If neither the occupants of the principal dwelling nor the occupants of the ECHO unit own the ECHO unit, the lease or other agreement with the owner of the ECHO unit.
A floor plan of the ECHO unit, including the square footage (may be the manufacturer's or builder's brochure).
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 with and without the ECHO unit.
The applicant's plan for removal of the ECHO unit at the time the special permit terminates.
In determining whether to grant the application, the Board of Appeals shall consider the following factors, in addition to those described in § 180-26:
Whether the use will be in harmony with and promote the general purpose and intent of this section.
Whether the use will conserve property values and encourage the most appropriate uses of land.
Whether granting the application will cause an undue concentration of ECHO units.
Whether the lot area is sufficient, appropriate and adequate for the use, particularly with regard to septic system and water requirements.
Whether the application will be compatible with the Town Master Plan.
A special permit may be granted for an initial period of up to one year, expiring on April 30. Thereafter, upon application to the Board of Appeals 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 section, the permit may be renewed yearly, for a period running from May 1 to April 30. Upon development of appropriate procedures by the Board of Appeals, 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.
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 Town, 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 Town.
Renewal of special permit. At the time of application for renewal of the special permit, the applicant or his or her agent shall verify:
That the conditions upon which the special permit was granted continue to apply;
That he or she has made plans for removal of the ECHO unit upon termination of the special permit; and
That he or she understands the possible sanctions for failure to promptly remove the ECHO unit upon termination of the special permit.
Termination of special permit.
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 Town, with a lien imposed to defray any costs incurred.
The Board of Appeals, 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.
Revocation of special permit. A special permit for an ECHO unit may be revoked by the Board of Appeals, after notice and a hearing, if:
It shall reasonably appear to the Board of Appeals 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.
§ 180-62 Conversions.
[Added 12-28-1989 by L.L. No. 9-1989]
Legislative findings.
The Comprehensive Plan of the Town of North East 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 Town is pursuing a variety of approaches to increase housing opportunities. In addition to this section to provide for conversion of existing buildings to multiple dwelling units, the Town Board has recently enacted legislation to allow ECHO units and accessory apartments as specially-permitted uses 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. The housing study, which has been adopted as part of the Town Master Plan by the Town Board and the North East 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 and support for taking action to address this need. Respondents also verified the availability of existing barns and other buildings that could be converted to apartments in a manner compatible with the surrounding community. One recommendation of the housing study was to enact zoning changes to better take advantage of existing structures. 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 local median income level, the North East Town Board hereby finds that economic conditions have created a scarcity of affordable housing.
Additionally, the Town Board finds that the community contains a number of large residential buildings that may not be easily used and maintained as one-family and two-family dwellings because of their large size. The community also contains a number of large nonresidential structures, including agricultural buildings, that cannot be economically maintained in their current or past use and are in danger of falling into disrepair or are subject to demolition if an alternate use for them is not available. These buildings, particularly those representing the community's rural and agricultural character, are of historic, architectural and cultural significance to the community and are worthy of preservation.
By adoption of this section, the Town Board seeks to promote affordable housing opportunities, encourage the creation of rental housing and aid the preservation of significant large buildings.
Purpose. It is the specific purpose and intent of this section to allow, by special permit, in all districts that allow residential uses as permitted principal uses, the conversion of an existing building to multiple dwelling units and to provide for the opportunity and encouragement for the development of rental housing units. The enactment of this section 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 of existing structures. Furthermore, it is the purpose and intent of this section to encourage the preservation of buildings of historic, architectural and cultural significance by allowing the conversion of these buildings to multiple dwelling unit residential use.
Floor area. The minimum floor area of each dwelling unit in a conversion shall be as follows: 400 square feet for a studio apartment; 500 square feet for a one-bedroom apartment; 700 square feet for a two-bedroom apartment; and 850 square feet for a three-bedroom apartment.
Eligible buildings. A building shall be eligible for this special permit if such building was constructed prior to the effective date of this section. A building constructed subsequent to the effective date of this section shall be eligible for this special permit five years after it is constructed. Proof of the date of construction may be established by a certificate of occupancy or other means acceptable to the Board of Appeals.
Architectural integrity of building. The existing building may be expanded only upon a showing that such expansion is necessary to allow a reasonable conversion of the building. If such expansion is permitted, in no case shall the floor area of the building or the lot coverage be increased by more than 10%. Any changes to the exterior of the building must be compatible with the existing architecture of the building.
Lot size. The minimum lot size for a conversion shall conform to the requirements set out in the chart below.
Minimum Acreage (acres per district) | |||||
|---|---|---|---|---|---|
Number of Units | R20,000 | R1A | R3A | A5A | |
4 or fewer | 1 | 2 | 3 | 5 | |
5 to 8 | 2 | 4 | 6 | 10 | |
9 to 12 | 3 | 6 | Not permitted | Not permitted | |
Number of conversions per lot. Only one conversion per lot shall be permitted. No other residential structures shall be permitted on the same lot with the conversion. A conversion can include the modification of two adjacent buildings on the same lot, as long as the total units proposed does not exceed the number of permissible units as outlined in Subsection F of this section. The conversion of both buildings would have to be applied for, and approved of by the Zoning Board of Appeals, at the same time. In evaluating an application for the conversion of two buildings on the same lot, the Zoning Board of Appeals should consider whether the structures are functionally related in regard to infrastructure, parking, landscaping and access and whether all other requirements of this section have been adhered to.
Parking.
Parking requirements shall conform to those set forth in § 180-50B for residences, requiring two parking spaces per dwelling unit, except that the Board of Appeals may reduce the number of parking spaces to one per dwelling unit if circumstances so warrant.
The Board of Appeals may require landscaping, fences or other appropriate measures to minimize the impact of parking areas on the streetscape and neighboring properties.
Adequacy of infrastructure. The approval of the Dutchess County Health Department of the water and sewage disposal systems of the proposed conversion shall be obtained before issuance of the special permit.
Construction. The conversion shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code.[1]
Stairways leading to any floor or story above the first floor shall be located within the walls of the building whenever practicable. If such stairways must be placed on the exterior of the building, they shall be located in such a manner as to minimize their visibility to neighbors and from the roadway.
Locations of entrances to the building and dwelling units shall be easily ascertainable to facilitate provision of emergency services.
Application process. Application for a special permit for a conversion shall be made to the Zoning Enforcement Officer in accordance with the standards and procedures set forth in Article VI of this chapter, subject to the following additional provisions:
Materials to assist the Board of Appeals in reviewing an application for a special permit, as described in Article VI, § 180-26, shall include a floor plan of the existing building and proposed apartments, building plans prepared by a licensed architect or engineer and 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 conversion. The Board of Appeals may also require submission of a site plan, with or without proposed elevations, and other appropriate material.
In determining whether to grant the application, the Board of Appeals shall consider the following factors, in addition to those described in § 180-26:
Whether the use will be in harmony with and promote the general purpose of this section;
Whether the use will conserve property values and encourage the most appropriate uses of land;
Whether the proposed number of dwelling units is appropriate;
Whether the lot area is sufficient, appropriate and adequate for the use, particularly with regard to septic system and water requirements and proposed density; and
Whether the use is consistent with the Town Master Plan.
Revocation of special permit. A special permit for a conversion may be revoked by the Board of Appeals, after notice and a hearing, if:
§ 180-63 Small wind energy conversion systems.
[Added 7-11-1990 by L.L. No. 1-1990]
General provisions. Small wind energy conversion systems (SWECS) are a use that is only accessory to an established permitted principal use and are not permitted as a principal use. There shall be no more than one SWECS per principal use. Wherever located and whatever their nature, SWECS shall conform to the following regulations.
Information to be supplied by applicant. In addition to the information required in the application, the site plan submitted shall also show:
The location of the tower on the site and the tower height, including blades.
Underground utility lines within a radius equal to the proposed tower height, including blades.
The dimensional representation of the various structural components of the tower construction, including the base and footings.
The manufacturer's make and model and design data indicating the basis of the design, including the manufacturer's dimensional drawings, installation and operating instructions and maintenance and inspection procedures and certification by the manufacturer that this model of generator has operated safely under various atmospheric conditions for a period of at least three months.
Certification by the manufacturer or by a registered professional engineer that the tower design is sufficient to withstand wind-load requirements for structures, as specified by the New York State Building Construction Code.
A wind stream study for the location proposed, when appropriate.
Location, access and size.
No SWECS shall be erected in any location where its overall height, including blades, is greater than the distance from its base to the property line of another or utility right-of-way.
Access to the tower shall be limited either by means of a fence six feet high around the tower base, with a locking portal or by limiting the tower climbing apparatus to no lower than 12 feet from the ground.
A SWECS shall not be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce an unacceptable level of electromagnetic interference. No SWECS shall interfere with the reception of domestic radio or television signals.
No SWECS shall be installed in a location where the Board of Appeals determines that its impact will be detrimental to the general neighborhood character.
If the SWECS is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by Central Hudson Gas & Electric.
No SWECS shall exceed 23 feet in blade diameter or 10 kilowatts in generating capacity, whichever is the lesser.
Height.
All SWECS shall be installed at the lowest height possible which will provide reasonable access to wind energy and minimum visual impact. The applicant shall demonstrate a need for the height proposed by documenting a wind stream study.
Including its blades, no SWECS shall extend more than 80 feet above the average general level of the permanent structure unless a need for greater height is demonstrated.
The minimum distance between the ground and any protruding blades shall not be less than 35 feet as measured at the lowest point of the arc of the blades unless wind study suggests otherwise.
Braked installation. All SWECS shall be designed with an automatic brake to prevent overspeeding and excessive pressure on the tower structure.
§ 180-64 Rod and gun clubs.
[Added 5-4-1995 by L.L. No. 4-1995]
Minimum acreage. No special use permit shall be granted for a rod and gun club unless such club is located on a lot having an area of not less than 150 contiguous acres. For purposes of this section, portions of a lot divided by a state, county or Town highway shall not be deemed to be contiguous.
Setback requirements. No club activities involving the discharge of firearms shall be conducted nearer than 500 feet to a property line.
Use of lead shot. No club activities shall involve the discharge or use of lead shot on club property.
No daily public use. The club activities shall be conducted exclusively for club members and their guests and shall not be available to the public on a daily fee or charge basis.
Accessory buildings. The club may have a meetinghouse and one or more accessory buildings for the storage of equipment. The meetinghouse may be used only for club meetings, club functions and membership activities. The meetinghouse may contain no more than three bedrooms and a kitchen and dining room for use by club members, but no overnight lodging or food service shall be made available to transients or the general public.
Alcoholic beverages. No alcoholic beverages may be served in conjunction with club activities or social functions involving or held in conjunction with the discharge of firearms.
Harboring of dogs. The harboring of more than three dogs on club property shall be prohibited unless the applicant applies for and receives a special use permit for the operation of a kennel as may be permitted by this chapter.
Hours of operation. Club activities involving the discharge of firearms shall not be conducted prior to 9:00 a.m. or after 6:00 p.m. on weekdays or Saturday or prior to 12:00 noon or after 6:00 p.m. on Sundays and state and federal holidays. No club activities involving discharge of firearms shall occur before sunrise and after sundown.
Hunting. Hunting may be conducted on club property only in season in accordance with the provisions of Article 11, §§ 11-0903, 11-0905 and 11-0907, of the Environmental Conservation Law and the rules and regulations adopted thereto.
Sporting clays. Sporting clays is not a permitted or accessory rod and gun club activity.
Discretion of Zoning Board of Appeals. It is recognized that the operation of a rod and gun club in a residential neighborhood could have an adverse impact on the surrounding neighborhood. The extent of this impact will necessarily depend on such factors as: the size of the property on which the club will be sited; the topography of the club property; the natural vegetation, screening and buffering existing on site; the size of the club; the type and number of on-site activities involving the discharge of firearms; the location, layout and orientation of the various on-site club activities involving the discharge of firearms; the proposed hours of operation of the club; and the proximity of the club to existing residences. Notwithstanding the fact that a rod and gun club is a use permitted in the Town's A5A, R3A, and LC Districts, subject to the issuance of a special use permit, the Board of Appeals shall retain full discretion to deny a permit application for a rod and gun club if the Board determines that the use does not comply with the standards set forth in this section; does not comply with the general standards for special permit uses contained in § 180-26 of this chapter; or will result in a significant adverse impact on the surrounding neighborhood in terms of increased noise, decreased public safety or diminution in property values which cannot be adequately mitigated by the imposition of special permit conditions.
Special permit conditions. In addition to the authority vested in the Board of Appeals to impose reasonable conditions and restrictions on the special use permits as set forth in § 180-26 of this chapter, the Board of Appeals shall impose such conditions and restrictions on the operation of the rod and gun club which, in its discretion, may be necessary to mitigate such problems as noise, public safety and diminution of property values. The Board of Appeals shall, as condition of each special use permit issued for a rod and gun club, require that the Zoning Enforcement Officer, on an annual basis, inspect the rod and gun club operation and report back to the Board with regard to the permit holder's compliance with the provisions of this chapter, any special permit conditions imposed and the requirements of the site plan approved by the Planning Board. Such restrictions and conditions may include, but shall not necessarily be limited to, the following:
Increased limitations on hours of operation and discharge of firearms.
Increased setback requirements for certain activities involving the discharge of firearms.
Requirement of vegetative screening, buffering and/or berming of target, skeet and trapshooting ranges and other rod and gun club activities.
Limitation or prohibition of certain activities involving discharge of firearms.
Prescribed siting, configuration or orientation of activities involving discharge of firearms and/or storage of ammunition.
Requirement that boundaries or a portion of the boundaries of the club property be enclosed in a certain prescribed manner.
Limitations on the number of club members.
The requirement of additional inspections of the property and operation by the Zoning Enforcement Officer with reports back to the Zoning Board of Appeals.
Wholly enclosed parcel of land. For purposes of this section, the term "wholly enclosed parcel of land" shall mean lands, the boundaries of which are indicated by wire, ditch, hedge, fence, road, highway or water or in any visible or distinctive manner which indicates a separation from the surrounding contiguous territory.
Material to be submitted by applicant. In addition to those materials required by § 180-27 of this chapter, to be submitted with any application for a special use permit, an applicant for a rod and gun club special use permit shall submit the following additional materials:
A declaration as to the nature and extent of the proposed rod and gun club operation.
A description of all proposed club activities, including those which involve the discharge of firearms or the provision of overnight lodging and food to members.
Copies of the written membership qualifications, constitution and bylaws for the rod and gun club.
A site plan, drawn at a scale of not less than 50 feet to the inch, prepared by a professional engineer, architect and/or land surveyor licensed to practice in the State of New York and as required by law, showing all of the information set forth in § 180-35C of this chapter and, in addition, showing the location of all target shooting, skeet shooting and trapshooting, ranges and other activities involving the discharge of firearms.
A statement concerning the proposed hours of operation for all club activities and the proposed membership qualifications and number of members anticipated.
Any other information or documentation requested by the Board of Appeals deemed necessary to assist it in its decision-making process.
§ 180-65 Shooting preserves.
[Added 5-4-1995 by L.L. No. 4-1995]
Department of Environmental Conservation license. No special use permit for a shooting preserve shall be granted until the applicant has obtained a shooting preserve license issued by the Department of Environmental Conservation pursuant to § 11-1903 of the Environmental Conservation Law.
Minimum acreage. No special use permit shall be granted for a shooting preserve unless such preserve is located on a lot or lots having an area of not less than 500 contiguous acres. For purposes of this section, portions of a lot divided by a state, county or Town highway shall not be deemed to be contiguous.
Setback requirements. No shooting preserve activities involving the discharge of firearms shall be conducted nearer than 1,000 feet to a property line.
Use of lead shot. No shooting preserve activities shall involve the discharge or use of lead shot on preserve property.
Accessory buildings. A shooting preserve may have a main building for the conduct of the preserve business and for congregation of users or patrons of the preserve and one or more accessory buildings for the storage of equipment. The main building may also contain no more than three bedrooms and a kitchen and dining room for use by preserve members, but no overnight lodging or food service shall be made available to transients or the general public.
Alcoholic beverages. No alcoholic beverages may be served in conjunction with shooting preserve activities involving or held in conjunction with the discharge of firearms.
Harboring of dogs. The harboring of more than three dogs on shooting preserve property shall be prohibited unless the applicant applies for and receives a special use permit for the operation of a kennel as may be permitted by this chapter.
Hours of operation. Shooting preserve activities involving the discharge of firearms shall not be conducted prior to 9:00 a.m. or after 6:00 p.m. on weekdays or Saturday or prior to 12:00 noon or after 6:00 p.m. on Sundays and state and federal holidays. No shooting preserve activities involving discharge of firearms shall occur before sunrise or after sundown.
Hunting. Hunting may be conducted on shooting preserve property only in season in accordance with the provisions of Article 11 of the Environmental Conservation Law and the rules and regulations adopted pursuant thereto.
Discretion of Zoning Board of Appeals. It is recognized that the operation of a shooting preserve in a residential neighborhood could have an adverse impact on the surrounding neighborhood. The extent of this impact will necessarily depend on such factors as: the size of the property on which the preserve will be sited; the topography of the preserve property; the natural vegetation, screening and buffering existing on site; the size of the preserve; whether the preserve will be operated as a commercial, a nonprofit or a family shooting preserve pursuant to § 11-1903 of the Environmental Conservation Law; the proposed hours of operation of the preserve; and the proximity of the preserve to existing residences. Notwithstanding the fact that a shooting preserve is a use permitted in the Town's A5A District, subject to the issuance of a special use permit, the Board of Appeals shall retain full discretion to deny a permit application for a shooting preserve if the Board determines that the use does not comply with the standards set forth in this section; does not comply with the general standards for special permit uses contained in § 180-26 of this chapter; or will result in a significant adverse impact on the surrounding neighborhood in terms of increased noise, decreased public safety or diminution in property values which cannot be adequately mitigated by the imposition of special permit conditions.
Special permit conditions. In addition to the authority vested in the Board of Appeals to impose reasonable conditions and restrictions on special use permits as set forth in § 180-26 of this chapter, the Board of Appeals shall impose such conditions and restrictions on the operation of the shooting preserve which, in its discretion, are necessary to mitigate such problems as noise, public safety and diminution of property values. The Board of Appeals shall, as a condition of each special use permit issued for the operation of shooting preserve, require that the Zoning Enforcement Officer, on an annual basis, inspect the shooting preserve operation and report back to the Board with regard to the permit holder's compliance with the provisions of this chapter, any special permit conditions imposed and the requirements of the site plan approved by the Planning Board. Such restrictions and conditions may include, but shall not necessarily be limited to, the following:
Increased limitations on hours of operation and discharge of firearms.
Increased setback requirements for shooting preserve activities involving the discharge of firearms.
The requirement of vegetative screening, buffering and/or berming of shooting preserve property.
Limitations on areas within the preserve property in which firearms may be discharged.
Prescribed siting, configuration or orientation of activities involving discharge of firearms and/or storage of ammunition.
Requirement that boundaries or a portion of the boundaries of the preserve property be enclosed in a certain prescribed manner.
Limitation on the number of shooting preserve users.
The requirement of additional inspections of the property and operation by the Zoning Enforcement Officer with reports back to the Zoning Board of Appeals.
Wholly enclosed parcel of land. For purposes of this section, the term "wholly enclosed parcel of land" shall mean lands, the boundaries of which are indicated by wire, ditch, hedge, fence, road, highway or water or in any visible or distinctive manner which indicates a separation from the surrounding contiguous territory.
Material to be submitted by applicant. In addition to those materials required by § 180-27 of this chapter to be submitted with any application for a special use permit, an applicant for a shooting preserve special use permit shall submit the following additional materials:
A declaration as to the nature and extent of the proposed shooting preserve operation.
A description of all proposed shooting preserve activities, including those which involve the discharge of firearms or the provision of overnight lodging and food to users.
A copy of the Department of Environmental Conservation shooting preserve license issued to the applicant pursuant to § 11-1903 of the Environmental Conservation Law.
A site plan, drawn at a scale of not less than 50 feet to the inch, prepared by a professional engineer, architect and/or land surveyor licensed to practice in the State of New York and as required by law, showing all of the information set forth in § 180-35C of this chapter and in addition showing the location of any sporting clay courses and activities involving the discharge of firearms.
Any other information or documentation requested by the Board of Appeals deemed necessary to assist it in its decision-making process.
§ 180-66 Game or wildlife preserve.
Minimum acreage. No special use permit shall be granted for a game or wildlife preserve unless such preserve is located on a lot or lots having an area of not less than 150 contiguous acres. For purposes of this section, portions of a lot divided by a state, county or Town highway shall not be deemed to be contiguous.
Accessory buildings. The preserve may have one or more accessory buildings for the storage of equipment.
Harboring of dogs. The harboring of more than three dogs on the preserve shall be prohibited unless the applicant applies for and receives a special use permit for the operation of a kennel as may be permitted by this chapter.
Department of Environmental Conservation permit requirement. No special use permit shall be issued to an applicant for operation of a game or wildlife preserve until a permit has been issued to the applicant by the Department of Environmental Conservation pursuant to Article 11 of the Environmental Conservation Law, if such a permit for preserve activities is required.
Hunting. Hunting may be conducted on the preserve only in season in accordance with the provisions of Article 11, §§ 11-0903, 11-0905 and 11-0907, of the Environmental Conservation Law and the rules and regulations adopted pursuant thereto.
Discretion of Zoning Board of Appeals. It is recognized that the operation of a game or wildlife preserve in a residential neighborhood could have an adverse impact on the surrounding neighborhood. The extent of this impact will necessarily depend on such factors as: the size of the property on which the preserve will be sited; the topography of the preserve property; the natural vegetation, screening and buffering existing on site; the types and numbers of game or wildlife which will be contained within the preserve; the nature and scope of the preserve operation; and the proximity of the preserve to existing residences. Notwithstanding the fact that a game or wildlife preserve is a use permitted in the Town's A5A, R3A, and LC Districts, subject to the issuance of a special use permit, the Zoning Board of Appeals shall retain full discretion to deny a permit application for a game or wildlife preserve if the Board determines that the use does not comply with the standards set forth in this section; does not comply with the general standards for special permit uses contained in § 180-26 of this chapter; or will result in a significant adverse impact on the surrounding neighborhood in terms of increased noise, decreased public safety or diminution in property values which cannot be adequately mitigated by the imposition of special permit conditions.
Special permit conditions. In addition to the authority vested in the Board of Appeals to impose reasonable conditions and restrictions on special use permits as set forth in § 180-26 of this chapter, the Board of Appeals shall impose such conditions and restrictions on the operation of a game or wildlife preserve which, in its discretion, are necessary to mitigate such problems as noise, public safety and diminution of property values. The Board of Appeals shall, as a condition of each special use permit issued for the operation of game or wildlife preserve, require that the Zoning Enforcement Officer, on an annual basis, inspect the game or wildlife preserve operation and report back to the Board with regard to the permit holder's compliance with the provisions of this chapter, any special permit conditions imposed and the requirements of the site plan approved by the Planning Board. Such restrictions and conditions may include, but shall not necessarily be limited to, the following:
Limitations on hours of operation and discharge of firearms.
Setback requirements for activities involving the discharge of firearms.
Requirement of vegetative screening, buffering and berming of the preserve.
Limitation on or prohibition of the discharge of firearms in the preserve.
Requirement that boundaries or a portion of the boundaries of the preserve property be enclosed in a certain prescribed manner.
The requirement of additional inspections of the property and operation by the Zoning Enforcement Officer with reports back to the Zoning Board of Appeals.
Wholly enclosed parcel of land. For purposes of this section, the term "wholly enclosed parcel of land" shall mean lands, the boundaries of which are indicated by wire, ditch, hedge, fence, road, highway or water or in any visible or distinctive manner which indicates a separation from the surrounding contiguous territory.
Material to be submitted by applicant. In addition to those materials required by § 180-27 of this chapter to be submitted with any application for a special use permit, an applicant for a game or wildlife preserve special use permit shall submit the following additional materials:
A declaration as to the nature and extent of the proposed game or wildlife preserve.
A description of all proposed preserve activities, including those which involve the discharge of firearms.
A site plan, drawn at a scale of not less than 50 feet to the inch, prepared by a professional engineer, architect and/or land surveyor licensed to practice in the State of New York and as required by law, showing all of the information set forth in § 180-35C of this chapter.
A copy of the permit issued by the Department of Environmental Conservation for operation of the preserve if such a permit is required by Article 11 of the Environmental Conservation Law.
Any other information or documentation requested by the Board of Appeals deemed necessary to assist it in its decision-making process.
§ 180-67 Roadside farm stand.
[Added 7-10-1997 by L.L. No. 1-1997]
A roadside farm stand shall be permitted in the A5A, R3A, R1A, R20,000 and LC Districts as a seasonal accessory use related to an agricultural activity occurring on either a farm or a nonfarm parcel, subject to the following regulations:
Such roadside farm stand shall not exceed 400 square feet in total floor area.
Such roadside farm stand shall be located a minimum of 30 feet from any street line.
Such roadside farm stand shall be solely for the seasonal display and sale of agricultural products grown on premises. However, in the case of a farm stand operated on a farm, agricultural products may be grown on parcels owned or leased by the farm in conjunction with the farming operation.
The Zoning Board of Appeals shall have the power to permit a roadside farm stand exceeding the maximum total floor areas prescribed by this section and/or increased numbers or sizes of signs for farm stands operated on a farm, pursuant to an application for an area variance, provided that the applicant can demonstrate that a farm stand of greater floor area or that additional or larger signs are necessary to meet the needs of the existing and/or future farm operation and all other criteria for the granting of an area variance are met.
A vehicle not exceeding 6,000 pounds net weight may be considered a permitted roadside farm stand. However, a vehicle or any part thereof customarily known as an over-the-road tractor/trailer or any containerized storage unit shall not be permitted.
A roadside farm stand may be permitted year-round in an enclosed structure, provided that it meets the setback requirements of the Zoning District and all other requirements of this chapter.
§ 180-68 Farm market.
[Added 7-10-1997 by L.L. No. 1-1997]
A farm market shall be a use permitted in the A5A and R3A Districts as an accessory use related to an agricultural activity occurring on a farm, subject to the following regulations:
Such farm market must be operated as an accessory use to the principal use of agricultural production and/or the practice of animal husbandry on the farm and shall only be for the use of the farmer-applicant.
The farm market structure shall not exceed 1,000 square feet of floor space and shall consist of a single story. Nothing herein shall preclude the use of a legally existing agricultural accessory building on a farm for this use, provided that no more than 1,000 square feet of floor area is utilized as a farm market.
The farm market shall be located on the same parcel as the farm and shall comply with all district regulations and supplementary regulations relating to parking and signs. The farm market may sell products grown on any number of other parcels, provided that all parcels are part of a single agricultural operation under the control of the farmer-applicant, the parcel on which the farm market is located is a conforming lot and at least 1/2 of the lot is in agricultural production.
At least 2/3 of the total amount of the annual retail sale of agricultural, horticultural, floricultural, vegetable and fruit products, soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides and other agricultural or farm products shall be grown, raised or produced on the farm on which the market is located. Notwithstanding the aforementioned restrictions, the farm market may sell supporting farm products and farm products not grown by the farmer-applicant, provided that said products do not exceed one-third of the total annual retail sales of the farm market and the products are purchased regionally (i.e., within a radius of 100 miles). Processed food, where the majority of the ingredients are grown on the farm, shall not be considered supporting farm products subject to the one-third annual sales limitation. Receipts and records of such purchases must be kept by the farmer-applicant. Supporting farm products include but shall not necessarily be limited to baked goods, eggs, dairy products, preserves, syrups, herbal vinegars and salad dressings. Supporting farm products shall not include prepackaged grocery items or tropical fruits.
The farm market may also sell food prepared on premises for off-site consumption, utilizing agricultural and farm products sold at the farm market.
The farm market may also sponsor and conduct farm and harvest festivals on site, provided that the number of festivals conducted by the farm market each year is not greater than four and the festivals are designed to provide agricultural marketing and promotional opportunities for the farm and/or the region's agricultural producers, and further provided that each such festival receives a building permit pursuant to § 180-85 of this chapter. An applicant may be permitted to conduct farm and harvest festivals exceeding four per year pursuant to an area variance issued by the Zoning Board of Appeals, provided that all criteria for the granting of such variance are met.[1]
A farm market may be operated on a year-round basis and may contain bathrooms and/or an area for food preparation occupying no more than 10% of the gross floor area of the farm market.
The Zoning Board of Appeals shall have the power to permit a structure or use of space exceeding 1,000 square feet and/or a structure containing a second story and/or the food preparation area to occupy a greater percentage of the gross floor area of the market without the requirement of an application for an area variance, provided that the applicant can demonstrate that such additional square footage and/or storage area and/or larger food preparation area are shown to be necessary to the proposed farm market operation and will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties and will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood or district.
§ 180-69 Farmers' market.
[Added 7-10-1997 by L.L. No. 1-1997]
A farmers' market is a use permitted in the Highway Business I, Highway Business II and Boulevard Districts of the Town and shall mean any building, structure or place on property owned by a municipal corporation or under lease to or in possession of a public or private agency used or intended to be used by two or more producers for the direct sale of farm and fruit products from producers to consumers and food buyers subject to the following regulations:
A farmers' market shall be permitted only pursuant to a special use permit issued by the Zoning Board of Appeals in conjunction with the provisions of Article VI of this chapter and site plan approval by the Planning Board pursuant to Article VII of this chapter in the Highway Business I, Highway Business II and Boulevard Districts and shall be a permitted use, subject to site plan approval, in each of the Boulevard Districts.
The farmers' market structure shall not exceed 10,000 square feet of floor space.
The farmers' market shall be located on a parcel of land of at least two acres and shall comply with all district regulations and supplementary regulations relating to parking and signage.
The farmers' market may also include facilities for packing, shipping, first instance processing or storage of farm and food products and may include equipment used or intended to be used in connection with such facilities. Such market may also include other business which reasonably serves the public or makes the market more convenient, efficient, profitable or successful, including but not limited to food service, baking and nonfood retailing.
§ 180-70 Communications facilities and/or personal wireless service facilities and/or towers.
[Added 1-26-1998 by L.L. No. 1-1998]
Compliance required.
[Amended 1-7-1999 by L.L. No. 1-1999]
No communications facility or personal wireless service facility or tower shall be erected, constructed, placed or installed without first obtaining a special permit from the Zoning Board of Appeals and site plan approval from the Planning Board.
No existing communications or personal wireless facility shall be modified, moved, reconstructed, expanded, changed or structurally altered (hereinafter collectively referred to as "modification or change") except in accordance with the following procedures and requirements:[1]
Initial application for any facility modification or change shall be made to the Zoning Enforcement Officer ("ZEO") and shall be accompanied by a proposed revised site plan showing the plans, elevations and details of such change and an RF emissions certification (see the definition of "RF emissions certification" in § 180-5).
If the proposed modification or change involves the upgrade or replacement of an existing antenna with an antenna in kind, no further review shall be required, and the ZEO shall issue a building permit for the proposed modification or change.
All other proposed modifications or changes to existing facilities shall be immediately forwarded by the ZEO to the Planning Board for amended site plan review and approval in accordance with the provisions of Article VII of this chapter. However, the Planning Board shall process all such applications on an expedited basis and, in so doing, shall have the power to waive any of the submission requirements of Article VII not reasonably necessary for adequate review of the application. After the amended site plan is approved, the application shall be immediately referred back to the ZEO for the issuance of a building permit.
In the event of an emergency which results in a disruption of service, a facility may be replaced in kind without prior issuance of a building permit, provided that application for a building permit be made as soon as practicable to the ZEO.
No existing communications or personal wireless tower shall be modified, moved, reconstructed, expanded, changed or structurally altered (hereinafter collectively referred to as "modification or change") except in accordance with the following procedures and requirements:
Initial application for modification or change to an existing tower shall be made to the ZEO and shall be accompanied by a proposed revised site plan showing the plans, elevations and details of such modification or change.
If the proposed modification or change involves structural reinforcement of the tower that does not affect the height of the tower, the ZEO shall issue a building permit for the modification or change, provided that the structure as modified or changed complies with applicable building codes, rules and regulations.[2]
All other proposed modifications or changes to existing towers shall be immediately forwarded by the ZEO to the Planning Board for amended site plan review and approval in accordance with the provisions of Article VII of this chapter. However, the Planning Board shall process all such applications on an expedited basis and, in so doing, shall have the power to waive any of the submission requirements of Article VII not reasonably necessary for the adequate review of the application.
After site plan approval, the application shall be referred back to the ZEO for issuance of a building permit, provided that the structure, as modified or changed, continues to comply with applicable building codes, rules and regulations.[3]
Application requirements. In addition to all documentation and submissions required by Article VI, § 180-27A, the application shall include the following:
[Amended 1-7-1999 by L.L. No. 1-1999]
The legal name, address, principal place of business and telephone number of the applicant. If the applicant is not a natural person, it shall also identify the state in which it was created or organized, and the date of creation or organization.
If the applicant is not the owner of the property on which the proposed facility or tower is to be located:
The name, address and telephone number of the property owner to apply for the permit.
A copy of the applicant's lease or other agreement with the owner of the property for the applicant's use of the same. The applicant may redact portions of the agreement which are commercially sensitive or confidential in nature and which do not reasonably relate to the criteria or standards for special permit approval. However, the applicant shall provide proper certification of the entire cost of the project, including all property acquisition costs, to enable the lead agency to determine the appropriate amount of SEQRA review fees to be charged to the applicant.
Written consent of the property owner to the application for the special permit and to the imposition of reasonable conditions by the ZBA on any approval regarding use of the property, such as collocation and removal of the facility or tower when no longer in use.
Copies of all submittals relating to the proposed facility and/or tower pertaining to: FCC licensing; environmental impact statements; environmental assessments and findings, if any, prepared pursuant to the National Environmental Policy Act of 1969; FCC Form 854; FAA Form 7460-1 (Notice of Proposed Construction or Alteration); aeronautical studies; and all data, assumptions and calculations relating to service coverage and power levels regardless of whether categorical exemption from routine environmental evaluation under the FCC rules is claimed.
If applicable, copies of existing FCC licenses for the proposed uses.
Site plans and engineering plans, prepared, stamped and signed by a professional engineer licensed to practice in New York specializing in electrical engineering with expertise in radio communication facilities, and, if a monopole or tower is proposed, also specializing in structural engineering, containing the following information:
For applications involving new tower construction or major modification of an existing tower:
A written, irrevocable commitment valid for the duration of the existence of the tower to rent or lease available space for collocation on the tower, to the extent structurally and electromagnetically able, at fair-market prices and terms, without discrimination to other personal wireless and/or other communications service providers.
If applicable, a copy of the applicant's existing lease or contract with the personal wireless service provider(s).
The following plans and maps:
Location map. Copy of the portion of the most recent United States Geological Survey (USGS) Quadrangle Map, 7.5 Minute Series, at a scale of 1:24,000 or 1:25,000, and showing the area within at least two miles from the proposed tower site. Indicate the tower location and the exact latitude and longitude (degrees, minutes and seconds).
Existing conditions plan. A map showing existing utilities, property lines, existing buildings or structures, stone walls or fence lines and wooded areas within a two-hundred-foot radius from the base of the proposed tower and showing the boundaries of any wetlands, floodplains or watercourses within 200 feet of the tower or any related facilities or accessways or appurtenances.
Proposed tower location and any appurtenances, including supports and guy wires, if any, and any accessory building. Indicate facility site boundaries and setback distances to the base(s) of the tower and to the nearest corners of each of the appurtenant structures.
Indicate proposed spot elevations at the base of the proposed tower and at the base of any guy wires, and the corners of all appurtenant structures.
Proposed utilities, including distance from source of power, sizes of service available and required, locations of any proposed utility or communication lines, and whether underground or aboveground.
Limits of areas where vegetation is to be cleared or altered, and justification for any such clearing or alterations.
Any direct or indirect wetlands alteration proposed.
Detailed plans for drainage of surface and/or subsurface water; plans to control erosion and sedimentation both during construction and as a permanent measure.
Plans indicating locations and specifics of proposed screening, landscaping, ground cover, fencing, any exterior lighting or signs.
Preliminary plans of proposed access driveway or roadway and parking area at the tower site, including proposed grading and traveled width and depth of gravel paving or surface materials.
Details of the proposed tower and appurtenances including:
Plans, elevations, sections and details at appropriate scales but no smaller than one inch equals 10 feet.
Two cross sections through the proposed tower drawn at right angles to each other and showing the ground profile to at least 100 feet beyond the limit of clearing, and showing any guy wires or supports. Dimension the proposed height of the tower above average grade at tower base. All proposed antennas, including their location on the tower, must be shown.
Preliminary plans for proposed tower foundation and ground attachments, such as wire anchors.
Details of the proposed exterior finish of the tower.
Indicate the relative height of the tower to the tops of surrounding trees as they presently exist, and the height to which they are expected to grow in 10 years.
Illustration of the modular structure of the proposed tower indicating the heights of sections which could be removed or added in the future to adapt to changing communications conditions or demands or to accommodate collocation.
A structural professional engineer's written description of the proposed tower structure and its capacity to support additional antennas or other communications facilities at different heights, and the ability of the tower to be shortened if future communications facilities no longer require the original height, and that the tower is designed to withstand winds in accordance with the ANSI/E1A/T1A 222 standards (latest revision).
In the event that the applicant proposes the erection of a particular make or model tower, the make, model number and photograph of the tower proposed to be erected shall be provided. In addition, the applicant shall provide the manufacturer's recommendations, if any, with regard to such matters as wind loading, falldown potential and setback requirements for the tower.
Details of proposed communications equipment shelter and other accessory structures:
Sight lines:
View lines reasonably requested by the ZBA in a zero- to two-mile radius from the site, shown beginning at true North and continuing clockwise at intervals of 45°.
A plan map of a circle within a two-mile radius of the facility site on which visibility of the proposed tower from public ways reasonably specified by the Zoning Board shall be indicated.
Profile drawings on a horizontal scale of one inch equals 400 feet with a vertical scale of one inch equals 40 feet. Trees shall be shown at existing heights and at projected heights in 10 years.
A plan showing the exact location of each antenna or other broadcast or receiving facility on the existing tower.
If required by the Zoning Board, the applicant shall arrange to fly or raise upon a temporary mast a three-foot-diameter brightly colored balloon at the maximum height of the proposed tower during daylight hours at times and durations reasonably determined by the Zoning Board. Reasonable advance notice of the test shall be advertised by the applicant in the Town's official newspaper with due regard to the fact that weather conditions may dictate the actual date of the conduct of the test.
For applications involving a new personal wireless service facility or modification of an existing facility, the submission must also include the following:
The applicant must submit:
Documentation, from a professional engineer licensed in the State of New York and with an expertise in telecommunications and radio frequency engineering, showing that the tower and/or facility is needed to provide adequate coverage to an area within the applicant's licensed service area that currently has inadequate coverage, including a scaled graphical depiction of the inadequate coverage area.
An RF emissions certification.
A location map at a scale of one inch equals 1,000 feet showing the entire property on which the facility will be located and all easements and streets and existing structures within 200 feet of the facility site. The location shall include the names of the owners of record for all parcels within 200 feet of the property on which the facility is located.
Proposed facility plan. A recent survey of the facility site at a scale of one inch equals 50 feet showing:
Horizontal and radial distances of antenna(s) to the nearest point on the facility site line.
Horizontal and radial distances of antenna(s) to the nearest inhabited or occupied buildings or structures.
Proposed utilities, including the distance from the source of power, sizes of service available and required, locations of any proposed utility or communication lines, and whether underground or aboveground.
Changes to be made to the existing facility's landscaping, screening, fencing, lighting, drainage, wetlands, grading, driveways or roadways, parking or other infrastructure as a result of proposed modification to an existing facility.
Proposed communications equipment shelter and other accessory structures.
Proposed equipment plan:
Plans, elevations, sections and details at appropriate scales but no smaller than one inch equals 10 feet.
The number of antennas and repeaters (if any) and the exact location of this equipment located on a map.
Mounting locations on the tower or structure, including height aboveground.
Antenna(s) type, manufacturer and model number for each antenna.
For each antenna, the antenna gain and radiation pattern.
The number of channels per antenna, projected and maximum.
The power input to each antenna.
The power output (ERP), in normal use and at maximum output, for each antenna and all antennas as an aggregate.
The output frequency of the transmitter(s).
For applications involving tower construction or modification to accommodate a personal wireless service facility:
The applicant shall provide a listing of all existing and planned (if known) personal wireless service facility sites and all existing antenna sites within the Town of North East and within a seven-mile radius of the proposed tower site. The list shall include site elevation, tower height, type of service, antenna type(s), orientation, center of radiation and ERP for each site, where such information is known or available.
The applicant shall provide written documentation of any facility sites in North East, and within a seven-mile radius of the proposed site, in which it has a legal or equitable interest, whether by ownership, leasehold or otherwise. For each such facility site, it shall demonstrate with written documentation that the facility site is not already providing, or does not have the potential by adjusting the site to provide, adequate coverage and/or adequate capacity to the Town of North East. The documentation shall include, for each facility site listed, the exact location (in longitude and latitude, to degrees, minutes and seconds), ground elevation, height of antennas on tower or structure, output frequency, number of channels, power input and maximum power output per channel. Potential adjustments to these existing facility sites, including changes in antenna type, orientation, gain, height or power output, shall be specified. Radial plots from each of these facility sites as they exist, and with adjustments as above, shall be provided as part of the application, where such information is known or available.
The applicant shall demonstrate with written documentation that it has examined all facility sites towers or structures located in North East and within a seven-mile radius of the proposed site in which the applicant has no legal or equitable interest to determine whether those existing facility sites can be used to provide adequate coverage and/or adequate capacity to the Town of North East. The documentation shall include, for each facility site examined, the exact location (in longitude and latitude to degrees, minutes and seconds), ground elevation, height of tower or structure, type of antennas proposed, proposed antenna gain, height of proposed antennas on tower or structure, proposed output frequency, proposed number of channels, proposed power input and proposed maximum power output per channel. Radial plots from each of these facility sites, as proposed, shall be provided as part of the application, where such information is known or available.
The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters or non-tower-mounted PWSFs in conjunction with all sites listed in compliance with Subsections B(5)(c)[1], [2] and [3] to provide adequate coverage and/or adequate capacity to the Town of North East. Radial plots indicating such consideration shall be provided as part of the application.
The applicant shall describe in detail all other personal wireless service facilities and/or towers which it anticipates it will require in the future within the Town of North East to provide adequate coverage to this area.
Completed Part I of the long form environmental assessment form (EAF) and completed visual EAF addendum.
The Zoning Board shall have the power to modify or waive any of these application requirements, or general requirements, where the application is for installation of a repeater only or if it determines that the requirement is not applicable to, or necessary for, the complete review and evaluation of the particular project, or is unduly burdensome to the applicant, and that the waiver of such requirement will not pose a risk to the public health or safety. The Zoning Board may also require such additional documentation or information as it determines may be reasonably necessary for complete review and evaluation of the application.
General requirements.
Communications and personal wireless facilities and towers may only be located on lots having a minimum of five acres. This limitation shall not apply to repeaters and non-tower-mounted PWSF's. However, the Zoning Board shall have the power to waive the five-acre requirement if the applicant demonstrates that the proposal meets all setback and other requirements of the Code and will not adversely affect the health, safety and welfare of the neighboring community.
[Amended 1-7-1999 by L.L. No. 1-1999]
No more than one communications or personal wireless tower shall be located on a single lot.
New towers shall be set back at least two times the height of the tower from all boundaries of the facility site on which the tower is located.
[Amended 1-7-1999 by L.L. No. 1-1999]
If the facility or tower site is in a wooded area, a vegetated buffer strip of undisturbed trees shall be retained for at least 50 feet in width around the entire perimeter of the facility site, except where the access drive is located.
[Amended 1-7-1999 by L.L. No. 1-1999]
Fencing and signs. The area around the tower and communication equipment shelter(s) and other accessory structures shall be completely fenced for security to a height of six feet and gated. A sign of no greater than two square feet indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number shall be posted adjacent to the entry gate. In addition, "no trespassing" or other warning signs may be posted on the fence.
[Amended 1-7-1999 by L.L. No. 1-1999]
Communication equipment shelters and accessory buildings shall be designed to be architecturally similar and compatible with each other and shall be a single story. The buildings shall be used only for the housing of equipment related to the particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building.
[Amended 1-7-1999 by L.L. No. 1-1999]
New towers, including masts, antenna and other accessory facilities, shall not exceed the minimum height necessary to provide adequate coverage for any personal wireless service facilities proposed for use on the tower, but in no event shall they be constructed to a height greater than 199 feet above the ground on which the tower is to be located.
Tower finish. New tower(s) shall have a galvanized finish unless otherwise required. The Zoning Board may require the tower to be painted or otherwise camouflaged to minimize the adverse visual impact.
Monopole and other less obtrusive tower designs shall be encouraged. However, where practicable, towers should be designed and constructed in a manner which will accommodate future sharing.
The use of repeaters and/or non-tower-mounted PWSF's to assure adequate coverage for personal wireless service, or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers, is permitted and encouraged. An applicant who has received a special permit for a personal wireless facility, with at least 30 days' written notice to the Code Enforcement Officer and Zoning Board of Appeals, may install one or more additional repeaters on an existing structure without the necessity for special permit application, but such installation shall be subject to site plan review and approval by the Planning Board. Notwithstanding the provisions of Article V of the Town Code, a repeater is a use for which the Zoning Board may issue a special permit, subject to site plan review, in the Medium Density Residential (R20,000); Highway Business I (HB-I); Highway Business II (HB-II); Highway Business III (HB-III); Industrial (M); Light Industrial (M-A); and Boulevard Districts.
Unless required by the Federal Aviation Administration, no night lighting of towers or the personal wireless service or communication facility is permitted, except for manually operated emergency lights for use only when operating personnel are on site. This prohibition shall not apply to lighting requirements imposed on existing towers or facilities by amendments to the statutes, rules or regulations of the Federal Aviation Administration enacted subsequent to the approval of those towers or facilities.
[Amended 1-7-1999 by L.L. No. 1-1999]
No tower or personal wireless service or communications facility that would be classified as an obstruction hazard to air navigation, as defined by the Federal Aviation Regulations (Title 14 CFR), is permitted.
No tower shall be located:
[Amended 1-7-1999 by L.L. No. 1-1999]
Closer than 750 feet, on a horizontal plane, to any structure existing at the time of application which is, or is able to be occupied or habitable on the property of any school (both public and private).
Closer than 750 feet, on a horizontal plane, to an existing dwelling unit or day-care center, hospital, nursing home, church, synagogue or other place of worship.
Closer than 300 feet, on a horizontal plane, to the nearest property line or 500 feet to the nearest habitable structure.
Closer than twice its height, on a horizontal plane, to a power line.
Within any of the following prohibited areas:
Wetland regulated by the Department of Environmental Conservation (DEC) or federally regulated.
The habitat of any state-listed rare or endangered wildlife or rare plant species.
Within 100 feet horizontally of the boundary of any wetland regulated by New York or the DEC.
Within 100 feet horizontally of the edge of any watercourse and/or water body.
Within 500 feet horizontally of any historic district or property listed on the State or Federal Register of Historic Places.
Within 500 feet horizontally of any known archaeological site.
Standards for siting.
Visual/aesthetic. Towers shall, when possible, be sited off ridge lines, and where their visual impact is least detrimental to significant scenic areas.
The use of sites distant from residential properties, and where visual impact can be minimized, shall be encouraged.
Shared use of communications and personal wireless service facilities shall be strongly encouraged.
Communications and personal wireless service towers and facilities shall be located so as to provide adequate coverage and adequate capacity with the least number of towers and antennas which are technically and economically feasible.
Approval criteria. In addition to meeting all approval criteria for special permits, no special permit for a communication or personal wireless service tower or facility shall be granted unless it has been demonstrated:
That the applicant is not already providing adequate coverage and/or adequate capacity to the Town of North East.
That the applicant is not able to use existing communications facility or PWSF sites, either with or without the use of repeaters, to provide adequate coverage and/or adequate capacity to the Town of North East due to:
The absence of existing towers or facilities in the area requiring service;
An inability to use existing sites in a technologically feasible manner consistent with the personal wireless service provider's system requirements;
Structural or other engineering limitations such as frequency incompatibilities; or
An inability to secure permission of the owner(s) of the existing site(s) and/or antenna(s) facility at fair market cost to allow collocation.
That the proposed facility is the minimum height and aesthetic intrusion necessary to provide adequate coverage to the Town of North East.
That the applicant has agreed to rent or lease available space on the tower, under the terms of a fair-market lease, without discrimination to other personal wireless service providers.
That the proposed personal wireless service facility or tower will not have an undue adverse impact on historic resources, scenic views, residential property values and/or natural or man-made resources.
That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the tower and/or facility.
That the proposal shall strictly comply with FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place, and paid for by the applicant.
Consultant fees. The Zoning Board may, in its discretion, retain the services of independent consultants of its own choosing to assist in the review and determination of the application. All costs to the Town for these consultants shall be reimbursed to the Town by the applicant as set forth in Chapter 92, Article I, Reimbursement of Professional Fees. These costs shall be charged to the applicant in accordance with a schedule of fees adopted by the Town Board, which schedule shall contain a reasonable limitation on the total amount of fees which can be charged to the applicant. The Zoning Board may require the applicant to fund an account which the Town may draw on to ensure reimbursement of those fees.
[Amended 1-7-1999 by L.L. No. 1-1999[5]]
Decision. Any decision of the Zoning Board to grant or deny an application shall be in writing and supported by substantial evidence on the record.
Inspection of facilities.
[Amended 1-7-1999 by L.L. No. 1-1999]
Structural inspection. Tower owner(s) shall conduct inspections of the tower's structural integrity and safety by an independent licensed professional structural engineer. Guyed towers shall be inspected every three years. Monopoles and non-guyed lattice towers shall be inspected every five years. A report of the inspection results shall be certified and submitted to the Town Board and the Zoning Enforcement Officer. Any major modification of an existing facility which includes changes to tower dimensions or antenna numbers or type shall require a new structural inspection.
Unsafe structures. Should the inspection of any tower reveal any structural defect(s) which, in the opinion of the inspecting engineer, render(s) that tower unsafe, the following actions must be taken. Within 10 business days of notification of unsafe structure, the owner(s) of the tower shall submit a plan to remediate the structural defect(s). This plan shall be initiated within 10 business days of the submission of the remediation plan, and completed within 10 business days after commencement. Failure to accomplish this remediation of structural defect(s) within 10 business days shall be a violation of the special use permit and shall be grounds for revocation of the special permit by the Planning Board, after public hearing, and subject the facility owner and/or operator to other enforcement and penalty provisions provided in the Town Code.
Removal requirements. Any personal wireless service facility which ceases to operate for a period of one year shall be removed. "Cease to operate" is defined as not performing the normal functions associated with the personal wireless service facility and its equipment on a continuous and ongoing basis. The facility site shall be remediated by removal of all personal wireless service facility improvements which have ceased to operate. If the full height of the tower is not required for the operation of the remaining service(s), and if technically feasible, depending on the construction of the tower, the tower shall be reduced in height accordingly. If all facilities on a tower have ceased to operate, the tower shall also be removed, and the site shall be revegetated. Existing trees shall only be removed if necessary to complete the required removal. The foundations of buildings and structures shall not necessarily be required to be removed. The applicant, upon obtaining a permit, shall provide financial surety in an amount set by the Town Board, and in a form approved by the Town Attorney, to cover the cost of removal of the personal wireless service facility and the remediation of the landscape, should the facility cease to operate.
[Amended 1-7-1999 by L.L. No. 1-1999]
Fees and insurance. Towers and personal wireless service facilities shall be insured by the owner(s) of towers and/or personal wireless service facilities against damage to persons or property. The owner(s) of towers and/or personal wireless service facilities shall provide a certificate of insurance to the Town Clerk on an annual basis.
[Amended 1-7-1999 by L.L. No. 1-1999]
§ 180-71 Convenience store.
[Added 10-9-2003 by L.L. No. 3-2003]
The maximum gross floor area of a convenience store shall be 3,000 square feet.
The number of fuel-dispensing nozzles shall be restricted to a maximum of 24, and the number of pump dispensers (which may have service on both sides) shall be limited to a maximum of four.
Adequate parking shall be made available on site for customers making purchases at the store but not buying gasoline. The parking area shall be located in a manner that does not interfere with the safe entry and exit of vehicles purchasing gasoline.
An enclosed or fenced area trash dumpster for disposal of stock packings removed by store employees and trash receptacles for customer use on the premises shall be supplied.
There shall be no outdoor displays of merchandise.
All vending machines shall be located within the building.
All rooftop heating/ventilation/air-conditioning or refrigeration units shall be directed away from adjacent residential properties.
All standards contained in § 180-52 of this Code relating to motor vehicle service stations shall be adhered to, where applicable.
In the site plan approval process, the Planning Board shall apply the following design principles to the facility:
§ 180-72 Storage of manure.
[Added 6-12-2014 by L.L. No. 1-2014]
Manure may be stored on a property within the A5A and R3A Districts only as an accessory use to the principal use of that property as that term is defined in § 180-5 of this chapter.
The storage of manure, whether for purposes of composting or for staging for subsequent removal from the property or application to crop fields, shall be deemed to be a normal and customary accessory use to a farm, as that term is defined in § 180-5 of this chapter.
Manure shall not be stored for composting or staging for subsequent removal or crop field application or for any other purpose within 100 feet of the center line of any public road or highway. This prohibition shall not, however, apply to a farm or farm operation if stored within a closed container or other structure designed to store and/or compost manure in a location which does not encroach on the road or highway right-of-way and shoulders.
Manure stored 100 feet or more from the center line of any public road or highway need not be stored in a closed container or other structure designed to store and/or compost manure.
§ 180-72.1 Solar energy systems.
[Added 10-11-2018 by L.L. No. 3-2018]
Solar energy is a renewable and nonpolluting energy resource that can prevent fossil fuel emissions and reduce a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid where excess solar power is generated. The use of solar energy equipment for the purpose of providing electricity and energy for heating and/or cooling is both a necessary and priority component of the Town of North East's current and long-term sustainability agenda. It is also part of North East's commitment to be a "climate smart" community. Because it is in the public interest to provide for and encourage renewable energy systems and a sustainable quality of life, the purpose of this section is to facilitate the development and operation of renewable energy systems based on sunlight while minimizing adverse impacts on neighboring properties so as to protect the public health, safety and welfare.
Definitions. As used in this section, the following terms shall have the meanings indicated, unless the context or subject matter otherwise requires. The definitions set forth in § 180-5 of this chapter shall also apply where appropriate.
A solar energy system that consists of integrating photovoltaic modules into the building envelope system, such as vertical facades including glass and other materials, semitransparent skylight systems, roofing materials, and shading over windows.
A solar energy system owned collectively through subdivision homeowners' associations, condominium associations, a group of individual property owners or other similar collective arrangements.
A photovoltaic panel or tile that is installed flush to the surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure. Pole-mounted solar energy systems shall be considered freestanding or ground-mounted solar energy systems for purposes of this chapter.
The effects by reflections of light with intensity sufficient to cause annoyance, discomfort or loss in visual performance and visibility in any material respects.
A group of buildings, properties, or sites that have been designated by the United States of America, New York State, the Town of North East or the Village of Millerton as historically or architecturally significant.
A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the public utility grid so that they only pay for their net electricity usage at the end of the month or year.
The Town's Code Enforcement Officer (as described in § 180-83 of this chapter), who is charged with granting permits for the operation of solar energy systems.
A solar energy system that produces electricity by the use of semiconductor devices, called "photovoltaic cells," that generate electricity whenever light strikes them.
A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority ("NYSERDA"), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners ("NABCEP"), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town's permit granting authority or such other Town officer or employee as the Town Board designates determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
A solar energy system in which solar panels are mounted on top of the structure of a roof of any legally permitted building either as flush-mounted solar panels or as panels fixed to frames which can be tilted toward the south at an optimal angle.
The required minimum distance from a front lot line, side lot line or rear lot line of a parcel within which a freestanding or ground-mounted solar energy system is installed.
Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel or array, together with any related equipment as defined in "solar energy system," located over an existing or proposed parking facility.
A solar photovoltaic cell, panel or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar energy systems include solar thermal and photovoltaic applications. For the purposes of this section, a solar energy system does not include any system with a solar collector of four square feet or less in surface area.
A building permit in the form approved by the Town Board for the construction of a solar energy system.
An energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity. It may also be referred to as a "solar power plant."
The aggregate square footage of all solar panels which are part of a solar energy system installation, based upon the outer dimension length times width of each of the modules.
A photovoltaic device capable of collecting and directly converting solar energy into electricity. It may also be referred to as a "solar module."
A device that stores energy from the sun and makes it available in an electrical form.
A solar energy system that directly heats water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water or heating pool water.
Applicability.
The requirements of this section shall apply to all solar energy systems and equipment installations modified or installed after the effective date of this section.
Solar energy systems for which a valid building permit has been issued or, if no building permit is presently required, for which installation has commenced before the effective date of this section shall not be required to meet the requirements of this section.
Modifications to an existing solar energy system that increase the solar energy system area by more than 25% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this section.
All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code (the "Building Code"), the New York State Energy Conservation Construction Code (the "Energy Code") and the Town Code, as well as may be required by Public Service Commission regulations.
No solar energy system shall be permitted to be installed if it is determined by the Code Enforcement Officer that such system presents an unreasonable safety risk because of weight load, wind resistance, ingress or egress in the event of fire or other emergency, or any other reason.
In order to make this assessment, the Code Enforcement Officer may require certification from a New York State licensed professional engineer that the system design conforms with applicable codes, regulations and industry standards and that the system has been properly installed and anchored to prevent flotation, collapse or lateral movement.
All solar energy systems and related equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent properties or roadways, and all solar panels shall have anti-reflective coatings.
Solar energy systems, unless part of a solar farm or solar power plant, shall be permitted only to provide power for the reasonably projected on-site consumption use by owners, lessees, tenants, residents, or other occupants of the property on which they are erected, but nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.
All solar energy systems shall be subject to the lot coverage requirements of this chapter. The lot coverage of a solar energy system shall include:
Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars;
All mechanical equipment of the solar energy system, including any pad-mounted structure for batteries, switchboard, transformers or storage cells;
Paved access roads servicing the solar energy system; and
The total surface area of a regular geometric form enveloping the freestanding or ground-mounted solar energy system.
No solar carport on a residential parcel shall be larger than an area sufficient to cover two motor vehicles.
Permitting and approval requirements.
All solar energy systems shall require the issuance of a solar energy system building permit.
Rooftop or building-mounted solar energy systems that generate electricity primarily for use on site shall be permitted as an accessory use in all zoning districts.
Building-integrated photovoltaic systems are permitted as an accessory use in all zoning districts, provided they are shown on the plans submitted for the building permit application for the building containing the system approved by the Town's Code Enforcement Officer.
Rooftop or building-mounted solar energy systems which are to be located in any historic district shall, in addition to a solar energy system building permit, require the issuance of a special use permit from the Zoning Board of Appeals ("ZBA").
Freestanding or ground-mounted solar energy systems, including solar carports, that generate electricity primarily for use on site shall be permitted in all zoning districts, subject to the issuance of a solar energy system building permit and issuance of a special use permit by the ZBA.
Solar thermal systems that generate hot water or electricity primarily for use on site shall be permitted in all zoning districts and shall only require a special use permit if ground-mounted.
In addition to any other requirements for issuance of a special use permit set forth in this chapter, the applicant shall submit the following information in connection with the application for a special use permit; provided, however, that the information required in Subsection D(1)(a) shall not be required for rooftop or building-mounted solar energy systems, building-integrated photovoltaic systems or solar carports:
A soil map of the parcel on which the solar energy system is to be located, prepared by the Dutchess County Soil and Water Conservation District, showing any federal or state wetlands, streams or other bodies of water, prime agricultural land, slope and 100-year and 150-year floodplains.
Blueprints, signed by a professional engineer or registered architect, of the solar energy system, showing the layout of the system.
Equipment specification sheets for all photovoltaic panels, significant components, mounting systems and inverters to be installed.
A description of any clearing of trees incident to construction of the system.
All information required by the solar energy system building permit.
Any other information or documentation which the Zoning Board deems necessary for adequate review of the application.
Review by the ZBA shall, in addition to the other requirements for issuance of a special use permit, include consideration of the requirements of this section and the visual impact of the proposed solar installation, including on scenic and historic resources, and any related mitigation that may be deemed reasonably undertaken. The ZBA may require an applicant to submit a viewshed analysis meeting the requirements set forth in the New York State Department of Environmental Conservation's SEQRA publication entitled "Assessing and Mitigating Visual Impacts," http://www.dec.ny.gov/documents/permits_ej_operations_pdf/visual_2000.pdf., or other generally accepted viewshed analysis.
The ZBA and the Planning Board are encouraged to condition their approval of proposed developments on sites adjacent to solar energy systems so as to protect their access to sufficient sunlight to remain economically viable over time.
Additional requirements for rooftop and building-mounted solar energy systems.
Rooftop installations shall incorporate, when feasible, the following design requirements:
Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface and the highest edge of the system.
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
Rooftop and building-mounted solar energy systems shall not exceed the maximum height limitations for the zoning district within which they are located.
All such installations shall comply with the New York State Code to ensure firefighter and other emergency responder safety and access.
Additional requirements for freestanding and ground-mounted solar energy systems.
In all zoning districts, a lot must have a minimum area of one acre in order for a freestanding or ground-mounted solar energy system to be permitted.
The location of a ground-mounted or freestanding solar collector shall comply with the applicable setback requirements set forth in this chapter for the applicable district.
No freestanding or ground-mounted solar energy system shall be permitted in either a required front yard as set forth for the zoning district within which the system is proposed or between the principal building on the lot and the fronting street or roadway, whichever is the greater distance.
Any structures designed and/or constructed to position, hold and/or otherwise support any freestanding or ground-mounted solar energy system equipment shall not cause the top edge of the solar panel to be greater than 12 feet above ground level when oriented at a maximum vertical tilt.
Any on-site power lines shall, to the maximum extent practicable, be underground installations.
Freestanding or ground-mounted solar energy systems shall be screened to the extent practicable from adjoining residential lots and public rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other features which will harmonize with the character of the property and surrounding area. The proposed screening shall not, however, interfere with the normal operation of the solar collectors.
Solar energy systems shall be located in a manner to reasonably minimize shading of property to the north while still providing adequate solar access for collectors.
The area both beneath and between ground-mounted and freestanding solar collectors, i.e., within the regular geometric form cited above, shall be included in calculating whether the lot meets the maximum permitted building coverage and lot coverage and minimum open space standards for the zoning district within which the system is located. The system shall, however, not be considered in calculating whether any limitation on either the number or aggregate square footage of accessory structures is exceeded.
The location of any freestanding or ground-mounted solar system, or any portion thereof, shall not encroach upon any ecologically sensitive land or water resource or be permitted on any land subject to a conservation or agricultural easement, the terms of which would preclude construction of the solar energy system.
Setback, screening and other requirements for solar carports may be modified or waived by the ZBA as part of the special use permit process where appropriate to permit, for example, the construction of a solar carport in an existing or proposed commercial parking lot.
Additional requirements for Small-Scale Solar Thermal Systems. To the extent applicable, the installation of ground-mounted and freestanding solar thermal systems shall be subject to the same requirements as those set forth above for ground-mounted and freestanding solar energy systems.
Safety and maintenance requirements for solar energy system installation.
Except for those systems where the electricity generated is for residential use only and which are not part of a collective solar installation, the installation of all solar energy systems and any related equipment must be performed by a qualified solar installer.
Prior to operation, electrical connections must be inspected by the Town's Building Inspector and by an appropriate electrical inspection person or agency, as determined by the Town.
Any connection to the public utility grid must be inspected by and comply with the requirements of the appropriate public utility and with any additional requirements of the New York State Public Service Commission.
Solar energy systems shall be maintained in good working order.
If a solar storage battery is included as part of the solar energy system, it must be placed in a secure container or enclosure meeting the requirements of the State Uniform Fire Code when in use, and when no longer used shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations. Markings on such a storage battery shall be in accordance with the provisions of the state code and the National Electrical Code.
If a solar energy system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove all equipment associated with the solar energy system by no later than 90 days after the end of the twelve-month period.
Marking of Equipment.
Solar emergency systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar energy system. Materials used for marking shall be weather-resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.
For commercial application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.
Solar farms.
In addition to any other requirements for issuance of a special use permit, the applicant shall submit the following information:
A soil map of the parcel on which the solar energy system is to be located, prepared by the Dutchess County Soil and Water Conservation District, showing any federal or state wetlands, streams or other bodies of water, prime agricultural land, slope and 100-year and 150-year floodplains.
Property lines and physical features, including roads, for the project site.
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
Drawings showing the location and size of any proposed towers or utility lines.
A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.
Name, address and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. If the final system installer is different, the requested information for such final installer shall be submitted prior to the issuance of a building permit.
Name, address, phone number and signature of the project applicant, as well as all property owners, demonstrating their consent to the application and the use of the property for the solar energy system.
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the ZBA.
Blueprints, signed by a professional engineer or registered architect, of the solar energy system showing the layout of the system.
Equipment specification sheets for all photovoltaic panels, significant components, mounting systems and inverters to be installed.
A description of any clearing of trees incident to construction of the system.
In the course of its review of a proposal for development of a solar farm, the Zoning Board of Appeals and/or Planning Board may require an applicant to submit a viewshed analysis meeting the procedures identified within the New York State Department of Environmental Conservation's SEQRA publication entitled "Assessing and Mitigating Visual Impacts," http://www.dec.ny.gov/documents/permits_ej_operations_pdf/visual_2000.pdf or any other generally accepted viewshed analysis.
Such other documentation and information which the ZBA deems necessary for adequate review of the application.
No solar farm shall be permitted:
On federal or state wetlands, or their buffer areas;
Ecologically sensitive land or water resources;
On land subject to conservation or agricultural easements the terms of which easement would preclude construction of a solar farm; or
To remove prime agricultural land or farmland of statewide importance from potential agricultural production.
The installation of the solar power plant shall cause neither the cutting, within or at the periphery of a forested or woodland area, of more than 50% of the trees of six inches or more in diameter at breast height over any continuous land area of 1/4 acre nor overall site disturbance caused by grading, tree removal or other work on the solar farm site and its access exceeding a total of one acre.
The parcel on which a solar farm is sited shall be a minimum of 10 acres.
No solar farm shall be larger than 30 acres, including fencing.
No part of any structure shall be closer than 100 feet to any property line or to any public road. However, the Zoning Board of Appeals shall have the authority to impose greater setbacks as it determines necessary to preserve the rural character and scenic qualities of the surrounding community or to mitigate adverse visual impacts of the solar farm facility.
Solar farms shall be enclosed by perimeter fencing, eight feet in height and set back at a sufficient distance from all components of the solar installation to restrict unauthorized access or other safety hazard. The type of perimeter fencing shall be subject to approval by the ZBA.
Agricultural uses, including the raising of organic crops and small animals, such as sheep, rabbits and chickens, may be carried out within the fenced perimeter of a solar farm.
The ground within the fenced perimeter of a solar farm shall not be tamped, compressed, or otherwise specially conditioned with herbicides, pesticides or similar other treatments to inhibit the growth of natural vegetation.
The manufacturer's or installer's identification and appropriate warning signage and emergency contact information shall be posted at the site and clearly visible.
Solar farm buildings and accessory structures shall, to the maximum extent practicable, use materials, colors and textures that will blend the facility into the existing environment. Appropriate landscaping and/or screening materials may be required to help screen the solar power plant and accessory structures from scenic roadways, parklands, historic properties and neighboring residences.
The average height of the solar panel arrays shall not exceed 12 feet.
Solar farm and solar power plant panels and equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent private properties and public roadways.
There shall be no outdoor lighting associated with the solar farm except as considered desirable for activation in the case of an emergency.
The use of paving and concrete shall be minimized in the design and construction of a solar farm.
Any on-site power lines shall, to the maximum extent practicable, be underground installations.
Decommissioning.
All applications for solar farms shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the structure. The decommissioning plan shall acknowledge the above requirements and explain how the removal of all aboveground material and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected timeline for execution, which shall in no event exceed one year. As part of the plan, the applicant shall also acknowledge that, should the removal not occur in accordance with the plan, the Town may remove the system and restore the property and impose a lien on the property to cover any costs to the Town exceeding those covered by the bond or other performance guarantee.
The site shall be restored to as natural a condition as possible within six months of the removal.
Bond.
Prior to issuance of a building permit or special use permit, the owner or operator of the solar farm shall post a performance bond or other suitable guarantee in a face amount of not less than 150% of the estimated costs, as determined by the Planning Board upon recommendation of the Town Engineer, to ensure removal of the solar energy system or facility or structure in accordance with the decommissioning plan described below. The form of the guarantee must be reviewed and approved by the Attorney to the Town and the Town Board, and the guarantee must remain in effect until the system is removed. Review of the guarantee by the Town Engineer and Town Attorney shall be paid from an escrow established by the applicant. Prior to removal of a solar farm or solar power plant, a demolition permit for removal activities shall be obtained from the Town.
In lieu of a removal bond, the Town Board, in its discretion, may permit the owner and/or operator to enter into a decommissioning agreement with the Town which provides, in relevant part, that if the decommissioning of the site is not completed within six months of the time period set forth in § 180-72.1I(15) above, the Town may, at its own expense, enter the property and remove or provide for the removal of the structures and equipment and/or the restoration of the site, as the case may be, in accordance with the decommissioning plan. Such agreement shall provide, in relevant part, that the Town may recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same manner as other taxes. If such a decommissioning agreement is made, it shall be recorded by the landowner with the land records of Dutchess County and shall be an agreement which binds subsequent owners of the property. A copy showing the stamp of the Recorder of Deeds shall be given by the landowner to the Town Clerk. This provision shall not preclude the Town from collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such legal proceedings, the owner and/or operator, as the case may be, shall be liable for all legal expenses, costs and disbursements in connection with said litigation, as awarded by a court of competent jurisdiction.
Conforming amendments. [To be provided]
Enforcement. Any violation of this section shall be subject to the same enforcement requirements, including civil and criminal penalties, as provided for in § 121-71 of the Town Code.
§ 180-73 Continuation of existing nonconforming structure or use.
The lawful use of any land, or a building or structure or a part thereof existing at the time that this chapter or any amendment thereto becomes effective, may be continued although such use does not conform with the provisions of this chapter, except as otherwise provided in this article.
§ 180-74 Termination of nonconforming use; discontinuance.
Except for activities involving agriculture or animal husbandry, as defined herein, when a nonconforming use of land, or a building or a structure, has been discontinued for a period of not less than one year, it shall not thereafter be reestablished, and the future use of the land, building or structure shall be in conformity with the terms of this chapter.
§ 180-75 Change of nonconforming use.
No nonconforming use shall be changed to other than a conforming use for the district in which it is situated.
§ 180-76 Maintenance of nonconforming use.
A nonconforming use is hereby required to be maintained in such condition as will not constitute a danger to the safety, health or general welfare of the public. Alterations and extensions of the nonconforming use, in order to comply with the provisions of this section, are permitted, provided that such alteration or extension shall not tend to increase the inherent nuisance, nor shall such alteration or extension violate any provisions of this chapter regarding yards, lot area or lot coverage for the district in which it is situated, or increase any existing violation of such provision.
§ 180-77 Damage to nonconforming building or structure.
Any building or structure which does not conform to the terms of this chapter, which is damaged by fire, flood or other act of God or man, may be reconstructed, provided that no building shall be reconstructed, altered or added to so as to extend farther into an already deficient yard space or reduce an already deficient land area.
§ 180-78 Expansion of nonconforming use.
[Amended 10-13-1988 by L.L. No. 5-1988]
A nonconforming use may be permitted to expand to an amount not exceeding 50% of the aggregate building area as it existed at the time of this chapter or any amendment thereto became effective and making such use nonconforming, subject to issuance of a special permit by the Board of Appeals in accordance with the provisions of Articles VI and VII, except that no nonconforming use shall be permitted to violate any other provisions of this chapter relative to the district in which it is situated.
§ 180-79 Nonconforming uses under construction.
Nonconforming use under construction at the time of this enactment or subsequent amendment. No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered unless construction, reconstruction or alteration is already underway at the time of the enactment or subsequent amendment of this chapter, is being diligently pursued so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter and unless the provisions of Subsection B below are observed.
Permit to continue nonconforming use under construction at the time of this enactment. Not more than 30 days after the enactment of this chapter, a permit shall be obtained from the Zoning Enforcement Officer for each building or structure under construction as of the date of enactment of this chapter. Irrespective of whether such construction conforms with the terms of this chapter, any structure so permitted shall be allowed to be completed in accordance with plans filed at time of the application for the permit. After filing of plans with the Zoning Enforcement Officer, no alteration or additions to such plans except as may be in conformity with the terms of this chapter shall be permitted.
[Amended 9-11-1980 by L.L. No. 3-1980]
Failure to obtain permit to continue nonconforming use under construction at the time of this enactment. Construction of buildings or structures under construction at the time of the enactment of this chapter for which permits are not obtained as provided in Subsection B above shall be stopped 30 days after the enactment of this chapter and thereafter be permitted to continue only in accordance with the terms of this chapter after securing of a building permit as hereinafter provided.[1]
§ 180-80 Exemption of substandard lots.
Lots existing prior to this enactment having an area less than that required for the district in which it is located shall be considered to be conforming with regard to lot area.
§ 180-81 Nonconformity and site development.
[Added 10-13-1988 by L.L. No. 5-1988]
Existing site development, including landscaping, in connection with a use for which submission and approval of a site plan is required by this chapter and which fails to conform to the standards of § 180-36 is deemed a nonconformity. Any such use having nonconforming site development, and any such site development, shall not be enlarged, extended or moved, nor shall there be a change in use of same, and any building or other structure for which such site development, including landscaping, is required shall not be reconstructed, altered or added to, unless such nonconformity is eliminated; provided, however, that the Planning Board may authorize continuation or reduction of the nonconforming site development under the provisions of § 180-36P.
Existing site development, including but not limited to driveways, parking and loading spaces, drainage, signs and landscaping, in connection with a nonconforming use shall not be enlarged, extended, moved or changed unless approved by the Planning Board under the provisions of Article VII of this chapter.