Red Hook Village City Zoning Code
ARTICLE IV
Permit and Approval Procedures
§ 200-15 Special permits.
A.
Procedure. Application to the Code Enforcement Officer. As provided by § 200-49B, application for a zoning permit shall be made to the Code Enforcement Officer prior to the commencement of the excavation for or the construction of any building or structure or the use of land. If upon receipt of such application the Code Enforcement Officer determines that the excavation, construction or use of land for which the application is made, requires the issuance of a special permit, he shall, within five days of its receipt, forward the application to the Planning Board.
B.
Standards. Special permits may be authorized by the Planning Board only upon consideration of those features or circumstances that distinguish this use from uses permitted by right and determination of the necessary measures to mitigate those features or circumstances so that the special permitted use is no more objectionable than uses permitted by right. To this end, the Board may establish whatever conditions may be necessary to safeguard public health, comfort, safety and convenience and that may be required for the preservation of the general character of the neighborhood in which such use is to be conducted. The standards established by Articles III and V shall be applied to a specific request for a special permit. To assist the Planning Board in its determination, an application for a special permit shall be accompanied by plans and other descriptive matter sufficient to clearly portray the intentions of the applicant, and such plans and other descriptive matter shall become a part of the record.
§ 200-16 Site plan approval.
A.
Requirement. Site plan approval by the Planning Board is required for all uses permitted in § 200-10, General Business District (GB), § 200-11, Gateway Business District (GWB), and § 200-12, Neighborhood Mixed Use (NMU) District, except for one- and two-family dwellings; before issuance of a building permit for any external change in the aforementioned districts excluding signage, up to two EV charging stations and one- and two-family dwellings; for all special permitted uses; and for alteration and changes of nonconforming uses and structures as provided for by Article VI.
[Amended 2-1-2014 by L.L. No. 1-2014; 7-13-2015 by L.L. No. 1-2015; 2-14-2022 by L.L. No. 2-2022]
B.
Procedure.
(1)
Application to Code Enforcement Officer. As provided by § 200-49B, application for a permit shall be made to the Code Enforcement Officer prior to the commencement of the excavation for or the construction of any building or structure or the use of land. If, upon receipt of such application, the Code Enforcement Officer determines that the permit for the excavation, construction or use of land shall not be issued without the approval of a site plan by the Planning Board, he shall, within five days of its receipt, forward the application for permit to the Planning Board.
(2)
Action of the Planning Board.
(a)
Meeting with applicant. Upon receipt of the application, the Planning Board shall notify the applicant, in writing, of the place, date and time of the meeting of the Planning Board at which the application is to be considered and request the applicant's presence to discuss the application.
(b)
Public hearing and decision on site plans. The Planning Board may in its discretion hold a public hearing on an application within 62 days after it has deemed the application complete. If a public hearing is held, the Planning Board shall mail notice of said hearing to the applicant and adjoining property owners at least 10 days prior to such hearing and shall publish notice of said hearing in a newspaper of general circulation in the Village at least five days prior to the date thereof. A decision shall be made on the application within 62 days of the close of the public hearing. If no public hearing is held, a decision shall be made within 62 days after the application is deemed complete. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision shall be filed in the office of the Village Clerk within five business days after the decision is rendered and a copy mailed to the applicant. An application for a site plan approval shall not be deemed complete until the lead agency has adopted a finding of no significant adverse environmental impact (negative declaration) or until a draft environmental impact statement (DEIS) has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.
[Amended 6-9-2014 by L.L. No. 3-2014]
C.
Facts to be considered in site plan approval. In acting on any proposed site plan of development the Planning Board shall take into consideration the requirements of the Village Comprehensive Plan adopted by said Board and the Official Map as it may be adopted by the Village Board. The Planning Board shall also consider the proposed location of main and accessory buildings on the site and their relation to one another, traffic circulation within the site, height and bulk of buildings, lighting, provision of off-street parking space, display of signs, and provision of landscaping and buffering (as provided for by § 200-29) so that any development will adequately provide for public health, safety, comfort and convenience within the site and will harmoniously and satisfactorily fit in with contiguous land and buildings in terms of impacts caused by on-site structures and activities. In addition, the Planning Board shall consider facts, such as drainage, roads, water and sewer systems and other technical aspects of such site plan, and may require the review of such factors by licensed engineering authorities. The cost of the engineering review will be the responsibility of the applicant.
D.
Material to be submitted by applicant.
(1)
Vicinity map. This map shall be a sketch showing the relationship of the proposal to adjacent properties, adjacent buildings and community facilities. It shall show all boundary lines, buildings, roads and accesses, utilities and easements.[1]
[1]
Editor's Note: See Diagram U located at the end of this chapter.
(2)
Topographic map. This map of the property on which the use is proposed shall be drawn at the scale of 20 feet to the inch and shall show existing topography at a contour interval of not more than five feet. This map shall also show the location of pertinent natural features that may influence the design of the proposed use, such as watercourses, wetlands, floodplains, rock outcrops and single trees eight or more inches in diameter.
(3)
Site plan. This map of the property on which the use is proposed shall be drawn at the same scale as the topographic map required by Subsection D(2) above and shall show the placement of buildings as reviewed and stamped by a licensed engineer, surveyor or architect; the location of parking (including parking for commercial vehicles while loading and unloading); the location and width of all driveways, exits and entrances; the location of all existing and proposed drainage facilities, including drains, culverts and dry wells; buffers such as landscaping and fencing; the location of water and sewage disposal facilities; the location and size of all signs; and lighting designs and placement.
(4)
Elevations and/or sections. The site plan required by Subsection D(3) above shall be accompanied by elevations and/or sections at the same or larger scale as required for the site plan drawn in sufficient details to delineate clearly the bulk and height of all buildings and other structures included in the proposal for which application for a permit is made.
E.
Design Guidelines. The recommendations in the Pattern Book and Architectural Design Guidelines[2] and the following design guidelines enumerated below are applicable to all site plan approvals in the Village of Red Hook. The recommendations in the Pattern Book and the guidelines are adopted pursuant to Municipal Home Rule Law § 10, which authorizes a municipality to adopt local laws for the "protection and enhancement of its physical and visual environment." Similarly, General Municipal Law § 96-a authorizes local governments to adopt local laws regulating districts of "aesthetic interest or value," including "appropriate and reasonable control of the use or appearance of neighboring private property within public view or both." Village Law § 7-725-a authorizes Village boards to require certain elements in site plans, including "screening, signs, landscaping, architectural features. . . as well as any additional elements."
[Added 2-7-2005 by L.L. No. 1-2005; amended 2-1-2014 by L.L. No. 1-2014]
(1)
Compatibility. The proposed site plan and structures, whether for a new use or structure or a change in an existing use or structure, should be compatible with the existing architectural and landscape character of the Village. In determining compatibility, the Planning Board may review the following architectural features, among others: materials, scale, massing, height, colors, texture, architectural style, location on site, roof pitches, window orientation, storefront size and configuration, door sizes and configuration, canopies, balconies, landscaping, arcades, fences and bridges between buildings.
(2)
Relationship to block. Buildings should relate to the entire block, not just the adjacent buildings, particularly where the adjacent buildings are out of character with the dominant architectural features of the block. Drawings showing street trees and streetscape (adjacent buildings) may be required by the Planning Board to assist it in making a compatibility determination. (See Figures 1, 2, 3 and 5 in Appendix A.[3])
[3]
Editor's Note: Appendix A is located at the end of this chapter.
(3)
Access drives. Access drives should be limited to one per parcel unless a traffic impact analysis justifies additional curb cuts. All proposed traffic accessways should be adequate in width, providing one lane, 12 feet in width, for each direction of vehicular travel. One direction of travel per accessway is encouraged. (See Figure 6 in Appendix A.)
(4)
Parking. Parking layouts shall be designed pursuant to § 200-33 for required number of parking spaces, in addition to providing connections (vehicular and pedestrian) between parking areas. (See Figures 10 and 11 in Appendix A.)
(a)
Parallel on-street parking should be considered.
(b)
Paved surfaces should be minimized. Road widths, entrance drives, access aisles and parking areas should be the minimum necessary to provide safe access. Short corner radii and narrow drives slow traffic speeds, reduce development costs and site runoff, and allow more room for landscaping.
(c)
On-street parking should count toward meeting nonresidential parking requirements.
(d)
In commercial clusters, parking behind buildings and shared access to side roads, where permitted, should be encouraged to allow for unified landscaping and more interesting architecture.
(e)
Parking for attached residential clusters should be divided into smaller lots and shielded to the sides or rears of buildings.
(5)
Landscaping. The general landscaping of the site should enhance the character of the Village. Landscaping materials should reasonably screen all parking areas, playgrounds and service areas from public thoroughfares and residential lots in all seasons. All plazas and paved areas intended for use by pedestrians should use decorative paving materials and planting materials to prevent the creation of vast expanses of pavement. Site amenities, details and furnishings should be used, where feasible, to improve scale and character. Wood and metal fences, stone walls, low hedges and tree rows help to break down scale and add character while defining boundaries and improving screening. Landscaping shall be installed and maintained in a manner that does not obstruct vehicular sight distance.
[Amended 2-1-2014 by L.L. No. 1-2014]
(6)
Lighting. All lighting indoors and outdoors should be of such a nature and so arranged as to preclude the creation of glare onto adjoining properties and streets. (See Greenway Lighting Guide.) Street and commercial lighting should be distinctive and human-scale while preventing excessive glare into the night sky. The following considerations should be taken into account.
(a)
Full shielding eliminates glare, especially off-site. Using shields projects light downwards.
(b)
Main street and pedestrian area lighting should be human-scale (10 feet to 15 feet high). Parking lot lights need not exceed 15 feet to 20 feet.
(c)
High pressure sodium is most efficient for highway lighting. Metal halide is preferred for commercial and pedestrian areas to give better color quality. Incandescent bulbs can be used for low wattage (under 150) accent or specialty lights.
(d)
Lighting fixtures should be designed and strategically placed to allow for adequate security while minimizing glare to passing motorists and neighbors. Sensor activated lights are encouraged to replace existing lighting that is desired for security purposes. Such fixture should be set to only go on when activated and to go off within five minutes after activation has ceased. Activity off the property should not trigger the sensor.
(e)
Internally illuminated signs are not permitted and should be replaced with signs of alternate design and in compliance with § 200-38, Signs and billboards.
(f)
All nonessential exterior commercial and residential lighting is encouraged to be turned off after business hours and/or when not in use. Lights on a timer are encouraged.
(7)
Mechanical equipment. All mechanical equipment necessary to operate the building's services shall be fully enclosed or fully screened by landscape or architectural elements on all sides visible from a public thoroughfare.
(8)
Drainage systems. Detailed drainage plans shall be provided. All submitted plans shall be in accordance with all applicable regulations, including the current NYSDEC Stormwater Management Design Manual and all best management practices. When required, a stormwater pollution prevention plan (SWPPP) shall be prepared and submitted to the Planning Board for review.
[Amended 2-1-2014 by L.L. No. 1-2014]
(9)
Handicapped. All site layouts, building designs and parking areas should accommodate the needs of the handicapped and shall be in accordance with all applicable state and local standards for accessible construction.
(10)
Conservation of energy. All components of the site layout and building design should maximize the conservation of energy.
(11)
(Reserved)[4]
[4]
Editor’s Note: Former Subsection E(11), regarding drive-throughs, was repealed 2-1-2014 by L.L. No. 1-2014.
(12)
Vehicle lifts. Vehicle lifts or pits shall be in compliance with regulatory agencies' requirements and shall be located within a fully enclosed structure.
(13)
Dismantled automobiles. Dismantled automobiles, all parts and supplies, goods, equipment, materials, refuse, garbage or debris shall be located within a fully enclosed structure or fully screened by landscape or architectural elements on all sides facing public thoroughfares.
(14)
Hours of operation. Conditions may be imposed upon the hours of operation where necessary to mitigate environmental problems or adverse impacts on neighboring property owners.
(15)
Street trees. Street trees should be hardy varieties, salt and drought resistant, free of droppings that mar sidewalks and cars, and tall enough to frame the street and not block the view of storefronts. Appropriate species include, but are not limited to: Pin Oak, Red Oak, Chinese Elm, Green Ash, Ginko Biloba, London Plane Tree. Trees should be placed closer together (20 feet to 30 feet) in areas with slow speed limits and farther apart (30 feet to 40 feet) in areas with higher speed limits. (See Greenway Guide, Village of Red Hook Tree Ordinance[5], and Figure 7 in Appendix A.[6])
[5]
Editor's Note: See Ch. 179, Trees.
[6]
Editor's Note: Appendix A is located at the end of this chapter.
(16)
Landscape guide. Landscaping should comply, where feasible, with the Dutchess County Landscape Guide and the Greenway Connections.
(17)
Building facades. Building facades should be parallel to the street with major roof ridges either parallel or perpendicular to the street where this is consistent with existing patterns. (See Figure 4 in Appendix A[7]).
[7]
Editor's Note: Appendix A is located at the end of this chapter.
(18)
Windows. All window orientation should be vertical except storefronts. Multiple panes divided by muntins are encouraged, in accordance with the style of the building. Clear glass is preferred; exterior smoked or reflective glass is not permitted.
(19)
Ingress and egress. Separate entrances and exits should be provided for residential and nonresidential portions of a structure.
(20)
Porches and awnings. Porches may encroach into front setbacks to maintain existing line of sight. Posts should be appropriately proportioned to the span and visual weight they carry (the taller the porch or wider the span, the thicker the post or column should be.) Awnings which are attached to the building and appropriate in color and scale are acceptable. (See Figure 8 in Appendix A.[8])
[8]
Editor's Note: Appendix A is located at the end of this chapter.
(21)
Sidewalks. New sidewalks should be three to six feet in width or the adjacent existing sidewalk width is to be maintained. Sidewalks which are too narrow do not provide comfortable accommodations for passing pedestrians or bicyclists. Every public project, site plan and subdivision should be reviewed for its pedestrian and bicycle potential, including the need for sidewalks or bike racks. Adjacent commercial structures should always be connected by sidewalks along the frontage.
(a)
Planting strips between sidewalks and the road provide a sense of separation for pedestrians and increases safety from the traffic. The strip also provides space for snow storage during winter.
(b)
In commercial areas, sidewalks should be wider to allow space for shoppers to stop and look in the windows and to provide ample room for outdoor cafes.
(c)
Crosswalks should be placed frequently along road corridors to discourage jaywalking. Bold bar markings, decorative painting or contrasting paving materials should be used to define crosswalks and warn drivers of crossing pedestrians.
(22)
Roofs. Principal roofs should have a pitch dependent on the type of roof used. Appropriate roof types include:
(a)
Gable: minimum 6:12.
(b)
Hip: minimum 5:12.
(c)
Gambrel: 3:12 to 8:12 to 20:12 lower slope.
(d)
Mansard: slopes in from protruding eaves to ridge, maximum offset two inches maximum eight feet height.
(e)
Larger buildings may require a combination of roof types to break up the facade. Dead flat roofs are acceptable where they are not visible from any public right-of-way.
(f)
Roofs should be covered in shingle (slate, wood and asphalt/fiberglass) or metal (standing seam) depending on the type of building.
(23)
Materials. Natural materials such as fieldstone, brick, stucco, wood clapboard, painted fiber-cement board, or vertical wood board and batten should be encouraged.
(24)
Colors. Garish or fluorescent colors are not acceptable.
(25)
Garages. Garages should be located so that they do not become the dominant feature of the house to which they are an accessory use. Garages should be minimized through use of setbacks, design features or separation of the structure from the house, set back from the house or oriented perpendicular to the house.
(26)
Fences. (See Figure 9 in Appendix A.[9])
(a)
The maximum height of a fence facing shall be 36 inches on front yards as per setbacks, or 36 inches in front of the building line, whichever is least. Fences located on street frontages shall not encroach on the street right-of-way, but should be located with the intent to create a continuous and/or uniform line with preexisting or adjacent fences. Corner lots shall be considered to have two front yards.
(b)
For interior lots and from property lines not on streets, the maximum height of a fence on side yards shall be 72 inches from the street facing building line to the rear and 36 inches from the street facing building line to the front yard property line.
(c)
The maximum height of a fence on the rear yard shall be 72 inches.
(d)
Fences surrounding swimming pools shall conform to the New York State Building Code[10] and shall take precedence over all maximum height requirements.
[10]
Editor's Note: See Ch. 95, Building Construction and Fire Prevention.
(e)
In zones where zero building setbacks are permitted, fences should align with the primary street facade.
(f)
Fences shall be permitted on the property line, but only if the neighboring buildings of adjacent properties can be maintained.
(g)
Style and materials of fences should be compatible with the existing character of the neighborhood and shall be installed with the finish side out.
(h)
All fences shall require a building permit.
[9]
Editor's Note: Appendix A is located at the end of this chapter.
[2]
Editor's Note: The Pattern Book and Archi is included in the online version of the Code of the Village of Red Hook (eCode360®). Said document is also on file in the Village offices.