Tivoli Village City Zoning Code
ARTICLE IV
District Regulations
§ 231-8 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.
§ 231-9 Building and structure height.
[Amended 12-21-2016 by L.L. No. 1-2017]
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, with the following exceptions:
The maximum building height limitations shall not apply to spires and belfries of a place of worship, nor to flagpoles, silos, chimneys, ventilators, skylights, water tanks, television antennas, satellite antennas, solar access equipment or to similar features and such necessary mechanical appurtenances not used for human occupancy, provided that:
§ 231-10 (Reserved) [1]
[1]
Editor’s Note: Former § 231-10, Space and area regulations, was repealed 11-17-2010 by L.L. No. 1-2010.
§ 231-11 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 part of a yard or other open space required for any other building on any other lot.
§ 231-12 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.
§ 231-13 Location of driveways.
No driveway center line shall intersect a street line less than 70 feet from the intersection of any two street lines.
§ 231-14 Access to a commercial use.
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 any business district.
§ 231-15 Frontage on a 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 50 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" shall mean with more than 1/2 the width of the structure so placed.
§ 231-16 Obstruction of vision.
In all districts, on corner lots within the triangular area formed by the center lines of streets at their intersection and the distances 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 |
§ 231-17 Temporary structures.
[Amended 12-21-2016 by L.L. No. 1-2017]
A temporary structure reasonably required for construction of a permitted use not exceeding one year's duration is a permitted accessory use in all zoning districts, subject to site plan approval by the Planning Board and issuance of a temporary permit from the Zoning Enforcement Officer.
A temporary structure shall be used for construction purposes only. A temporary structure may not be used as a sales office or as a place for human habitation.
A temporary permit may be renewed upon application to the Planning Board for an additional period of one year.
§ 231-18 Corner lots; yard requirements.
On a corner lot, there shall be provided a side yard on a side street equal in depth to the required front yard. A rear yard shall be provided on each corner lot and the property owner shall elect which yard is the rear yard.
§ 231-19 Earth-sheltered, subsurface and underground buildings.
Upon receipt of an application for an earth-sheltered, subsurface or underground building, the Zoning Enforcement Officer shall forward the applications to the Zoning Board of Appeals for review.
Due to the potential energy savings and environmental benefits of this type of structure, the Zoning Board of Appeals may vary provisions of this chapter where it deems appropriate.
§ 231-20 Lot for every building.
Every building hereafter erected shall be located on a lot as herein defined, and there shall be not more than one building on one lot except as specifically permitted elsewhere in this chapter. If more than one lot is located on a piece of property, each lot must meet the requirements of this chapter.
§ 231-21 Schedule of Permitted Uses.
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 Schedule of Permitted Uses.[1]
[1]
Editor's Note: The Schedule of Permitted Uses is included as an attachment to this chapter.
§ 231-22 Area and bulk regulations.
[Amended 11-17-2010 by L.L. No. 1-2010]
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, or 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 area and bulk regulations set forth in the tabular District Schedule of Area and Bulk Regulations at the end of this chapter,[1] unless such reduction is by a duly constituted public authority for a public purpose. The schedule is supplemented, as appropriate, by other provisions of this chapter.
[1]
Editor's Note: The District Schedule of Area and Bulk Regulations is included as an attachment to this chapter.
§ 231-22.1 Measurement: de minimis rule.
[Added 2-22-2006 by L.L. No. 1-2006]
Under the conditions specified herein, in establishing compliance with the dimensional requirements of this chapter, measurements that result in fractional feet shall be rounded upward to the nearest foot when the fraction is 1/2 foot or greater and downward to the nearest foot when the fraction is less than 1/2 foot. This rule may be applied only when, in the judgment of the Zoning Enforcement Officer, application of the rule would have no adverse impact upon health, safety and welfare and there is or has been no intention by the current owner of the property, the builder or any other party to violate the dimensional requirements of this chapter.
§ 231-22.2 Historic Overlay (H-O) District.
[Added 11-17-2010 by L.L. No. 1-2010]
Intent.
The Village of Tivoli contains an important 19th Century traditional neighborhood which has evolved as a small center for civic life, culture, and commercial activity. Tivoli's significance is recognized by its location within the Hudson River National Historic Landmark District, a state-designated scenic area of statewide significance, and the Mid-Hudson Historic Shorelands Scenic District. Tivoli is also a part of the Hudson River Valley Greenway, is an important component of the Hudson River American Heritage River designation, is located within New York State's Coastal Zone boundaries, and is subject to the Village's adopted Local Waterfront Revitalization Program. All of these recognitions of Tivoli's historic and scenic significance support the creation of an overlay district to ensure that when new development is proposed or existing development is proposed for expansion, the historic and scenic qualities of the area are maintained and enhanced. While Tivoli has some limited potential for growth, its historic character must always be preserved and protected.
The Historic Overlay (H-O) Zoning District, as delineated on the Village Zoning Map set forth in § 231-6 of this chapter, is an historic area that has developed with unique characteristics which have created a special identity for the Village. The H-O Zoning District requirements specified in this section are intended to implement the recommendations of the Village's adopted Comprehensive Plan to protect and maintain the traditional scale and architectural look of this historic area as new residential and commercial structures are built and old ones are expanded.
Objectives. All proposed development and redevelopment within the boundaries of the H-O District shall be consistent with the objective to protect and enhance Tivoli's architecture and pattern of design by:
Locating buildings and parking in conformance with a traditional streetscape that gives priority to people over cars.
Designing building roofs, windows, doors, porches and other architectural features to be sympathetic with the vernacular architecture.
Limiting the square footage of new dwellings and the expansion of existing ones to prevent oversized, out-of-character homes in order to maintain the most-desirable characteristics of the Village and prevent alteration of the historic character of Tivoli.
Prevent the construction of a large building built to replace a portion, or all, of a demolished one, which may be out of scale with surrounding buildings.
Regulatory effect on land uses. Within the H-O District, all of the underlying land use district regulations remain in effect, except as they are specifically modified by this section.
Bulk regulations. Bulk regulations in the H-O District are designed to maintain the integrity of the district. Existing patterns of development shall govern future permitted development patterns in order to enhance the character of the Village, to maintain harmony and compatibility with the nationally significant historic importance of the Village, and to protect the Village's unique environmental resources. The following bulk requirements shall apply in the H-O District in addition to the regulations of the underlying zoning district:
The maximum building size of a one-family dwelling and a two-family dwelling, including an attached garage, shall be no more than 2,600 square feet.
The maximum building footprint of a one-family dwelling and a two-family dwelling, including an attached garage, shall be no more than 1,750 square feet.
The maximum building size of an accessory building shall be no more than 1,300 square feet.
The maximum building footprint of an accessory building shall be no more than 750 square feet.
All accessory buildings in the aggregate shall have a maximum building size of no more than 2,600 square feet.
Not more than three accessory buildings shall be permitted on an individual lot.
No parking shall be permitted in a front yard except in a single driveway no more than 12 feet in width that is used as the primary access to the property from the street.
Site plan approval requirement. Within the H-O District, site plan approval shall be required for construction of any new building, and for construction of any addition to an existing building where the size of the addition will be 50% or greater than the existing building size.
Site plan approval exemptions. Notwithstanding the above, site plan approval shall not be required for agricultural uses to the extent otherwise permitted in the underlying district, except for agricultural structures with a footprint exceeding 10,000 square feet.
Submission requirements. A concept plan showing the proposed location of building(s) and a graphic depicting how the buildings will appear from the street shall be submitted to the Planning Board. The Planning Board shall determine, based on the concept plan, whether additional site plan materials shall be required, including architectural renderings, and whether a public hearing shall be required, if not otherwise required by this chapter. The Planning Board may also refer an application under this section to the New York State Historic Preservation Office for its opinion as to the historic significance of the structure and recommendations on appropriate restrictions on construction or alteration. If the Planning Board, in its discretion, refers the application to the State Historic Preservation Office, it should consider the State Historic Preservation Office's comments in its review of the application but shall not be bound by such comments unless other federal, state or local law so requires. If no response is received within 30 days of such referral, the Planning Board may proceed in the absence of such response.
Design standards. Where site plan approval is required under Subsection E of this section, new construction and additions shall harmonize with the scale and character of neighboring buildings and the H-O District setting in accordance with the following:
To maintain a harmonious street front, the setback of the principal building from the street shall be consistent with the prevailing setback on adjoining properties, within the range of permitted setbacks for the underlying zoning district.
The front building line of principal buildings shall be built parallel to the street.
If a garage is provided, it shall preferably be a detached building located to the rear of the principal structure. Whether detached or attached, the garage shall be located at least 20 feet back from the front building line of the principal building.
Building design.
The applicant shall demonstrate to the satisfaction of the Planning Board that the proposed project is consistent with the Village of Tivoli Pattern Book, adopted November 2010.[1] In the H-O District, terms used throughout the Village of Tivoli Pattern Book that imply guidelines or recommendations shall be interpreted to mean required standards. For instance, the word "should" shall be interpreted to mean "shall"; the words "recommended" and "encouraged" shall be interpreted to mean "required."
The Planning Board may waive any requirement of the Tivoli Pattern Book upon written request from an applicant. When determining whether to grant a requested waiver, the Planning Board shall consider the existing natural and constructed features of the site and the impact of the waiver on the historic character of the neighborhood and the H-O District.
[1]
Editor's Note: The Pattern Book is on file in the Village offices.
Any conditions of approval imposed by the Planning Board to ensure compliance with the Tivoli Pattern Book may be incorporated into a deed restriction and/or a plat or site plan notation, to the extent required by the Planning Board.
In cases where Planning Board approval of building design is not required, applicants are strongly encouraged to consult the Village of Tivoli Pattern Book for appropriate architectural design.
Existing large trees and other features, such as stone walls and proposed future streets, shall be incorporated into the proposed site design to the maximum extent practicable. During construction, trees and site features to be retained shall be protected by temporary fencing, and the soil within the root zone of trees to be saved shall not be disturbed or contaminated.
Guidelines for additions to existing structures. Compatible additions that do not compromise the character of the historic building or destroy significant architectural features are appropriate within the H-O District. While additions may reflect the point in time of their construction, they should respect the architectural character and fabric of the historic building and its surroundings as follows:
The material, style, and detail of design of additions should be compatible with the original structure.
Additions should be located, designed and constructed so that the character-defining features of the structure are not obscured, destroyed, damaged or radically changed.
The size and scale of additions should be limited so that the integrity of the original structure is not compromised.
Changes in height that alter the character and scale of the existing building to accommodate an addition are not appropriate.
Site disturbance for construction of additions should be minimized to reduce the possibility of destroying site features and/or existing trees.
Stone walls, natural rock formations or other cultural features should be retained and incorporated into proposed site plans to the greatest extent practicable.
§ 231-22.3 Pine Street Overlay District (PS-O).
[Added 11-17-2010 by L.L. No. 1-2010]
Boundaries. The Zoning District Map set forth in § 231-6 of this chapter delineates the boundaries of the Pine Street Overlay (PS-O) District.
Regulatory effect on land uses. Within the PS-O District, all of the underlying land use district regulations remain in effect, except as specifically modified by this section.
Ground-floor dwelling units. Within the PS-O District, dwelling units occupying the ground-floor area of a building are a permitted use.
Multifamily and row or townhouse dwellings. Within the PS-O District, multifamily and row or townhouse dwellings shall be permitted, subject to site plan approval from the Planning Board and the following additional requirements:
Density. The number of dwelling units shall not exceed 10 per gross acre.
[Amended 12-21-2016 by L.L. No. 1-2017]
Area and bulk requirements.
The minimum lot area per development shall be 1/4 acre.
The minimum lot width at the front building line shall be 60 feet.
The minimum front yard setback shall be six feet, and the maximum front yard setback shall be 18 feet.
The minimum side yard setback shall be the same as in the GB District.
The minimum rear yard setback shall be 35 feet.
The maximum building coverage shall be 60%.
The maximum lot coverage shall be 90%.
The maximum building height shall be 35 feet.
The minimum dwelling unit size shall be 500 square feet of usable interior floor area.
Parking shall be provided in accordance with § 231-39. Only uncovered surface parking shall be permitted; garages are not permitted for multifamily and row or townhouse dwellings.
[Amended 12-21-2016 by L.L. No. 1-2017]
Landscaped area. At least 5% of the gross area of the site shall be landscaped in accordance with plans approved by the Planning Board. The plans shall detail the type, number, size, caliper, and location of each new plant species. All plantings shall be natural and shall be maintained in a vigorous growing condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.
§ 231-22.4 RB District site plan and special permit design standards.
[Added 9-19-2012 by L.L. No. 3-2012]
Intent. The RB District is intended to permit a multistory mix of housing types and commercial uses that may not be appropriate for the Village Center, while acting as a scenic gateway to the Village and preserving the rural character of the Route 9G corridor. Specifically, the intent of the RB District is to:
Permit small-scale commercial uses serving local needs that do not generate significant traffic and do not adversely impact the viability of the Village Center.
Promote orderly, attractive development of business clusters accessed by a limited number of curb cuts along Route 9G in order to minimize conflicts with through traffic and conserve the capacity of the roadway without the need for road widening. Curb cuts are to be minimized by encouraging vehicular and pedestrian linkages between business establishments on adjacent parcels.
Enhance the quality of the built environment and promote site layout and architectural design compatible with the rural, scenic, historic, and natural character of the community.
Maintain the rural charm and natural beauty of the corridor by incorporating natural features such as existing topography and mature trees into the site design and by planting canopy trees in parking lots and between buildings and the roadway.
Restrict building size, building height, and lot coverage to promote a scale and quality of new development that is architecturally compatible with the rural and scenic character of the corridor.
Conserve the natural features of the land, such as open fields, pastures and woodlands.
Preserve westward views from New York State Route 9G.
Protect historic structures and features along New York State Route 9G.
Site plan and special permit design standards. The following design standards shall apply to all uses which require site plan and/or special use permit approval in the RB District and shall be in addition to other requirements of the Village Code. In the event of any conflict, the provisions of this section shall take precedence over other sections of the Village Code.
The principal building on the site shall be located to the front of the lot.
The front building line of garages, whether attached or detached, shall be located at least 20 feet behind the front building line of the principal building.
Parking lots shall be landscaped with trees and low plantings. The front building line of a parking lot shall be located to the rear of the lot, at least 20 feet behind the front building line of the principal building. In all parking lots providing eight or more off-street parking spaces, a minimum of one canopy tree and 10 shrubs shall be planted for each eight parking spaces and any additional portion thereof. In parking lots with more than 16 parking spaces, said tree(s) and shrubs shall be planted in median dividers, landscape islands or such other locations as may be determined by the Planning Board to relieve the monotonous expanse of asphalt and provide shade for parked vehicles.
Driveways shall be shared with adjacent parcels whenever possible. Driveways should be placed at the edge of parcels to facilitate shared access points and reduce repetitive curb cuts. Curb cuts should be limited to one per parcel.
The Planning Board may require the interconnection of parking areas in accordance with § 231-39F(7).
[Amended 12-21-2016 by L.L. No. 1-2017]
A connected secondary street to the rear of parcels should be encouraged, with consolidated connecting drives to Route 9G.
Facilities for pedestrians, such as sidewalks and walking paths, to facilitate pedestrian movement along Route 9G, shall be provided within the site and to adjacent parcels where deemed appropriate by the Planning Board.
Existing vegetation shall be preserved as much as possible by minimizing clearing and grading in new developments. Existing large trees and other features, such as stone walls, shall be incorporated into the proposed site design to the maximum extent practicable.
To enhance the rural character of Route 9G, all site plans shall include a minimum twenty-foot-wide landscaped strip planted with trees and shrubs adjacent to the right-of-way. A minimum of one canopy tree and 10 shrubs shall be planted per 40 feet of frontage. Pedestrian facilities may be permitted within the landscaped strip along Route 9G.
Drive-in or drive-through businesses, self-storage units, motor vehicle sales and rentals, filling stations and other uses not explicitly listed under permitted and special permitted uses in § 231-21 are not permitted.
[Amended 12-21-2016 by L.L. No. 1-2017]
New construction and rehabilitation shall reflect the traditional architecture of the community in building and roof forms, window proportions, materials, colors and details, as illustrated in the Tivoli Pattern Book.[1] All four sides of commercial buildings shall be designed with windows and/or other architectural features to avoid visible blank walls.
[1]
Editor's Note: The Pattern Book is on file in the Village offices.
To protect the area's rural character, walls and fences shall be constructed of natural materials and be no more than four feet high in a front yard.
All open storage, as defined in § 231-4, and outdoor storage of materials, equipment, and temporary structures shall be located behind the principal building and fully enclosed from view by opaque fencing.
Internally illuminated signs are not permitted. Externally illuminated signs shall be lit from the top of the sign down to minimize glare on adjacent properties and impacts on the night sky.
Lighting fixtures shall be no more than 15 feet in height and shall use full cut-off fixtures with no direct light above the horizontal plane. Lighting levels shall be consistent with the recommendations of Dutchess County Greenway Connections, Greenway Guide E4, Lighting, attached hereto as 231 Attachment 11.
Uses shall not generate excessive noise, dust, fumes, vapors, gases, smoke, odors, or hazardous conditions.