Tivoli Village City Zoning Code
ARTICLE V
Supplementary Regulations
§ 231-23 Alternate care housing.
General. Alternate care housing (ACH) shall be provided in accordance with the intent, objectives and standards of this section. For the definition of alternate care housing and related facilities, see § 231-4 (Definitions).
Intent. The intent of alternative care housing is to make alternate care housing possible for those persons who are unable to live independently at a particular time and also to assist New York State institutions for the mentally disabled in the deinstitutionalization process through the utilization of alternate care housing without altering the character of each neighborhood of the Village of Tivoli.
Objectives. The following objectives shall be achieved:
A well-balanced population through the utilization of a controlled growth approach.
An acceptance of integration of alternate care housing residence into the community without creating a negative environment for the residents of the alternate care facility, or the residents of the community.
Harmony with the objectives of the Comprehensive Plan.
Application for special permit. In addition to requirements of § 231-59, the applicant shall provide the following information to the Planning Board:
[Amended 11-18-2009 by L.L. No. 1-2009]
Specific classification of the residence and the name of the regulatory agency(s).
Person, agency or institution responsible for the financial support of the residents.
Copies of all correspondence between the applicant and the regulatory agency(s).
Classification and description of residents to be housed.
County and institution of origin and former residence.
Current and projected number of residents.
A statement as to whether residents will need employment.
A description of the plan to socially and economically integrate the residents into the community.
Number of staff employees residing on the premises.
Number of nonresident staff employees.
A statement of community services required, including water, utilities, sewage and community hall.
Transportation plan.
Recreation plan describing planned active and passive activities providing pleasant occupations, amusement and diversions.
Age of prospective residents and whether any will become the responsibility of the public school system.
Vicinity map with an indication of all other health-related and alternate care facilities within a radius of one mile of this facility.
Description of a five-year operating plan as it pertains to the previously mentioned items.
Application for site plan approval. Site plan approval shall be required for all special permit uses.
[Amended 11-18-2009 by L.L. No. 1-2009]
Standards. The alternate care facility shall be subject to the following standards as well as other applicable standards in this chapter.
Not more than six alternate care housing residents shall be allowed per dwelling unit. One additional alternate care housing resident, not to exceed 12, may be housed for every 5,000 square feet if the lot on which the dwelling unit is located exceeds the minimum required lot area per dwelling unit as described in the Schedule of Bulk Regulations.[1] An alternate care facility that will house more than 12 ACH residents shall require a site not less than three acres, and the total population thereon, including residents and staff employees, shall not exceed eight persons per acre.
[1]
Editor's Note: The Schedule of Bulk Regulations is included as an attachment to this chapter.
Not more than one facility shall be allowed per block face.
No two facilities shall be within a radius of 1,320 feet of each other.
The facility must conform and be in harmony with the overall character and appearance of the surrounding neighborhood.
New and existing structures shall be constructed, altered and renovated in accordance with the New York State Uniform Fire Prevention and Building Code and subject to Health and Fire Department regulations and approvals.
Alternate care facilities shall not erect any sign that identifies or advertises the use or occupancy of the home.
Planning Board approval is subject to the licensing procedures of the County and State Departments of Mental Hygiene, Department of Social Welfare and the Board of Social Welfare. A certificate of occupancy shall not be issued by the Zoning Enforcement Officer until a license is granted and a copy presented to the Planning Board.
[Amended 11-18-2009 by L.L. No. 1-2009]
Regular conformance review of each alternate care facility granted a special permit shall be performed once every year upon the anniversary date of the facility's original permit. This review will be done by the Planning Board.
[Amended 11-18-2009 by L.L. No. 1-2009]
Any change to the current status shall require a new special permit application to the Planning Board.
[Amended 11-18-2009 by L.L. No. 1-2009]
§ 231-23.1 Accessory dwelling units.
[Added 8-14-2024 by L.L. No. 1-2024]
The purpose of this section is to allow accessory dwelling units on properties with one-family dwellings to create more affordable housing opportunities, provide rental income that makes aging in place possible for seniors, allow multigenerational family living, and otherwise help to protect and preserve property values. ADUs are a special permitted use on one-family dwelling lots within an existing, expanded, or new principal building or within an existing, expanded, or new accessory building in the GB, LC, R15,000, R1A, R2A, R3A, and RB Districts provided that:
The ADU shall be clearly incidental and subordinate to the principal dwelling and shall not change the one-family residential character of the neighborhood.
A maximum of one ADU shall be permitted per one-family lot. The principal dwelling and ADU shall be on a single lot.
The ADU shall have a maximum of two bedrooms.
Any additional exterior entrances which may be created for the ADU shall be located at the side or rear of the structure.
Adequate off-street parking for both the ADU and the principal dwelling shall be provided in accordance with § 231-39D of this chapter.
Stairways leading to any floor or story above the first floor shall be located within the walls of the building wherever practicable. Exterior stairways shall be located on the rear wall in preference to either side wall. In no instance shall a stairway be located on any wall fronting the street.
If the water supply and/or sanitary sewage disposal is from a private source, approval shall be granted by the Dutchess County Department of Health for any required on-site sanitary or water supply system, or, as may be applicable, certification through either the Health Department or a licensed professional engineer retained by the applicant that the existing on-site water supply and sewage disposal facilities are sufficient to accommodate the additional demands of the ADU on the residential premises where such conversion or new construction is proposed.
The gross floor area of the ADU shall not be less than 250 square feet.
An ADU within an existing structure may not exceed 40% of the total gross floor area of the single-family structure or 800 square feet, whichever is more restrictive.
The ADU shall not exceed 800 square feet in gross floor area.
An ADU in an existing accessory structure such as a garage or barn shall meet the minimum front yard setback for an accessory building and the minimum side and rear yard setbacks otherwise established for the construction of a principal structure within the zoning district as prescribed in the District Schedule of Area and Bulk Regulations.
If created through new construction or expansion of the primary structure, the lot area may not be less than the minimum land area specified in the District Schedule of Area and Bulk Regulations for a one-family dwelling in the applicable zoning district except for a lot in the R15,000 District, where the minimum is 30,000 square feet. For purposes of the minimum land area per dwelling (density) calculation, an ADU shall not be considered an additional dwelling.
If created through new construction or expansion of existing structures, the ADU shall meet the minimum front yard setback for an accessory building and the minimum side and rear yard setbacks otherwise established for the construction of a principal structure within the zoning district as prescribed in the District Schedule of Area and Bulk Regulations. A detached accessory dwelling unit created by new construction shall appear related to the principal dwelling and resemble a garage, carriage house, barn, or other traditional accessory rural structure.
§ 231-24 Cesspool, septic tank or leach field.
No cesspool, septic tank or leach field shall be installed. Where a public sanitary sewer main is not reasonably accessible, in the opinion of the Planning Board, other proper provisions approved by the Planning Board shall be made for the disposal of sanitary waste. Individual septic tanks with leach fields may be permitted in the case of lots of not less than one acre, provided that:
No such septic tanks shall be permitted in low, swampy areas with a high-water table (permanent, fluctuating or seasonal), areas with ledge rock or areas that are subject to flooding.
All septic tanks and leach field installations shall otherwise conform to the requirements of the Dutchess County Department of Health.
The pumping of cesspools and septic tanks shall be permitted; however, the disposal of the contents thereof shall not be permitted within the Village of Tivoli except as approved by the Village Board.
§ 231-25 Cluster subdivisions.
Purposes. The cluster subdivision should accomplish one or more of the following purposes:
The preservation of land as unsubdivided and undeveloped open land which preserves or enhances the appearance, character or natural beauty of an area.
The preservation of land for park, recreation and/or agricultural purposes.
The preservation of land for purposes of conserving natural resources.
The preservation and protection of particular areas and terrain having qualities of natural beauty, historic interest or scenic quality.
The protection of streams, rivers and ponds so as to avoid flooding, erosion and water pollution.
Modifications resulting in design and development which promotes the most appropriate use of the land, facilitates the adequate and economical provision of streets and utilities and preserves the natural and scenic qualities of the area.
The economical provision and maintenance of streets, drainage facilities and utility systems.
The opportunity for innovation, flexibility and variety in housing type and housing cost.
Authority of Planning Board.
The Planning Board may modify the zoning regulations in the R-3A, R-2A, R-1A and R-15,000 districts with respect to lot area and dimensions and number of dwelling units per building, except as provided herein. The Planning Board is empowered to mandate such variations where it determines that such an action would meet one of the aforementioned purposes.
Standards. All requirements of this section are in addition to other requirements applicable in the district, except as such requirements are modified by this section. This process shall be simultaneous with approval of a subdivision plat.
The permitted number of dwelling units shall not exceed, except as allowed below in Subsection C(2), the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, Chapter 198, Subdivision of Land, the Dutchess County Department of Health regulations and all other applicable standards. The basis for this determination by the Planning Board shall be a conventional subdivisional plat for the subject property, the regular provisions of the district and such other information as may be required by said Board. Areas of the property encompassing wetlands, floodplains, roads and 15% or greater slopes shall not be counted in calculating the number of permissible lots.
The Planning Board, at its sole discretion, may increase the permitted number of dwelling units, as provided above, by up to a maximum of 20%, provided that each of the following conditions are met:
All dwelling units in the development are provided public sewers and water.
Total area of open space [see Subsection C(9) below] within the development exceeds 80% of the total area of the subdividable land [subject to limitations of C(1) above].
The architectural design of the dwellings, accessory buildings and landscape plan is determined by the Planning Board to be harmonious with the predominant architectural style and natural landscape of the surrounding area.
The minimum area per dwelling unit in a development provided with public sewers and water shall be 12,000 square feet. The minimum area per dwelling unit in a development not provided with public sewers and water shall be one acre.
The maximum permitted building height and the minimum permitted floor area requirements shall be the same as those normally applicable to other dwellings in the zoning district in which the property is located.
The minimum distance between any two residential buildings shall be 30 feet.
The placement of new buildings on the property shall be done in a manner to maximize the use of natural landscape features to enable the buildings to be visually absorbed and maximize the visibility of open space from public roadways and parks.
An effective barrier, or buffer zone, is required to visually separate yards, parking areas and buildings from the open space that is made up of pastures, fields or other open land. Such barriers will be a minimum of 25 feet wide and shall be planted with fast growing native shrubs and trees.
The architectural design of the buildings shall be harmonious with the predominant style of the area.
Open space.
The total area of open space within the development shall be at least 50% of the total area of subdividable land [subject to the limitations of C(1) above].
The open space shall have access, shade, dimensions, character, location and topography suitable for the purpose intended as approved by the Planning Board.
The open space shall be shown on the plat map as a separate parcel and shall be labeled in a manner to indicate that such land shall not be platted for building lots, shall be permanently reserved for open space purposes and shall not be used for the construction of any new building, other structure, road or parking area, excepting those which are accessory for recreational or agricultural use and subject to site plan approval by the Planning Board.
Application. In addition to the application requirements of Chapter 198, Subdivision of Land, the applicant requesting approval for a cluster subdivision shall submit the following to the Planning Board:
A written statement, in duplicate, describing the open space purpose(s) to be accomplished and the proposed method of preservation and disposition of the open space.
A conventional subdivision sketch plan meeting the requirements for the district.
A proposed cluster sketch plan, in duplicate, meeting all of the requirements for preapplication approval of a subdivision plat.
A written statement describing the proposed method of providing financing and administering water supply and sewage disposal systems.
Additional information that the Planning Board may deem necessary to make a reasonable decision on the application.
Planning Board action. In making its determination on a cluster subdivision, the Planning Board shall consider the following:
How the proposal meets the purposes, standards and criteria of this section and Chapter 198, Subdivision of Land.
The suitability of plans, financial arrangements and administrative methods for water supply and sewage disposal.
The location and suitability of proposed open space and the proposed ownership and administrative methods.
The effect of the cluster subdivision on the appropriate and orderly development, appearance and character of the neighborhood.
Disposition. The Planning Board, as a condition of plat approval, may establish such conditions of ownership, use and maintenance of land to be devoted to park, recreation or open space as deemed necessary. The method used may include, but not be limited to, one or more of the following:
Establishment of a neighborhood association to own and maintain the land for the purposes intended;
Transfer of the land to an institution, person, organization or other entity to own and maintain the land for the purposes intended in perpetuity;
Mandatory establishment of deed restriction;
Labeling the plat map to restrict division and use of land; and/or
Offer and transfer of the land to the Village, subject to agreement by the Village to accept the land.
Neighborhood or property owners' association. If the common property is deeded to a property owners' association, the developer shall submit with the application a declaration of covenants and restrictions that will govern the association. The provision shall include, but not be limited to, the following:
The association must be set up before lots are sold. Membership must be mandatory for each property owner and any successive buyer.
The open space restrictions must be permanent not just for a period of years.
The association must be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.
Common property shall be guaranteed by a restrictive covenant describing the property and the maintenance and improvement provisions which run with the land.
The association shall be empowered to levy assessments against property owners to defray the cost of maintenance and to acquire liens, where necessary, against property owners for unpaid charges or assessments.
In the event that the association fails to perform the necessary maintenance operations, the Village shall be authorized to enter upon such premises for the purpose of performing such operation and to assess the cost of so doing equally among all affected property owners.
§ 231-25.1 Cultural facility.
[Added 3-18-2020 by L.L. No. 1-2020]
A cultural facility shall be allowed by special permit in the R15,000 and GB Districts, provided that:
The parcel shall have lot frontage on Broadway (CR 78).
Access to the cultural facility shall be provided from Broadway (CR 78).
The cultural facility shall only occur through the adaptive reuse of a building existing as of December 31, 2019. The existing building may be expanded by up to 50% of its gross floor area, provided the addition is in strict compliance with the requirements set forth for the zoning district in § 231-22 (District Schedule of Area and Bulk Regulations). Any such extension shall be preceded by site plan review and approval by the Planning Board in accordance with Article IX of this chapter.
Off-street parking shall be provided in accordance with § 231-39 and the following:
For the purposes of calculating minimum required off-street parking, the cultural facility shall be classified as a "place of public assembly."
In both GB and R-15,000 Districts, existing on-street parallel parking along the lot frontage(s) may be applied toward the minimum parking requirement of the cultural facility on the lot. One parking space may be credited for each 22 feet of lot frontage with existing on-street parking.
In both GB and R-15,000 Districts, parking requirements for a cultural facility on one piece of property may be satisfied by providing equivalent parking on an adjacent or neighboring property within 100 feet, provided that a legal instrument, satisfactory to the Village Attorney, assures the continued existence of the parking facility to serve said cultural facility as long as it may exist.
§ 231-26 Demolition.
[Amended 11-18-2009 by L.L. No. 1-2009; 11-17-2010 by L.L. No. 1-2010]
A demolition permit must be obtained for all demolition within the Village in accordance with Chapter 33 of the Building Code of New York State, incorporated into the Village Code pursuant to Chapter 98.
No person shall remove or demolish any structure determined to be a contributing resource in the Hudson River National Historic Landmark District, located in the Historic Overlay District, or listed on the State or National Register of Historic Places without first obtaining a certificate of removal or demolition or a certificate of hardship from the Planning Board.
No removal permit or demolition permit shall be issued by the Code Enforcement Officer or other duly authorized official for any structure for which a certificate of removal or demolition or certificate of hardship is required pursuant to Subsection A above unless such a certificate has been obtained from the Planning Board.
§ 231-26.1 Certificate of removal or demolition.
[Added 11-17-2010 by L.L. No. 1-2010]
Application for certificate of removal or demolition. The application shall contain:
The name, address and telephone number of the owner and applicant, if different.
The location, Tax Map number(s), and photographs of the property and a brief description of the structure proposed to be removed or demolished, including the approximate date of construction, name of architect, if known, historic and/or architectural significance, and a description of the setting, including related grounds, accessory buildings and structures and property boundaries.
Past 10 years' chronology of the use, occupancy and ownership of the property.
Criteria for approval of a certificate of removal or demolition.
In reviewing an application for a certificate of removal or demolition, the Planning Board shall consider whether:
The structure is of such architectural or historic significance that its removal or demolition would be to the detriment of the public interest;
Retention of the structure in its current form and/or at its present location is important to the Village's history or character;
The structure is of such old and unusual or common design, texture and material that it could not be reproduced or could be reproduced only with great difficulty;
Retention of the structure would help preserve and protect an historic plan or area of historic interest in the Village;
Retention of the structure will promote the general welfare by maintaining real estate values and encourage interest in American history and architecture; and
Throughout the review process, the applicant has consulted cooperatively with the Planning Board, local preservation groups and other identified interested parties in a diligent effort to seek an alternative that will result in preservation of the historic structure.
In order to approve the application for a certificate of removal or demolition, the Planning Board shall find that the removal or demolition will not result in a significant avoidable diminution of the historic character of the neighborhood and that one or more of the following additional criteria have been met:
The structure or portion of the structure is in such condition that it is not feasible to preserve or restore.
In the case of removal or demolition of a portion of a building, the historic characteristics of the remaining portion of the building will remain intact.
After considering the interests of the public and the owner, the benefits of demolition outweigh any reasonable interest in preserving the building.
The Planning Board shall hold a public hearing within 62 calendar days after the receipt of a complete application. Notice of the public hearing shall be mailed to all property owners within 200 feet of the property for which the certificate of removal or demolition is requested and published at least once in the Village's official newspaper at least 10 calendar days prior to the public hearing.
The Planning Board shall render its written decision and findings within 62 days after the conclusion of the public hearing. The Board's decision shall be filed with the Village Clerk and Code Enforcement Officer and mailed to the owner and applicant within seven days. If the Planning Board denies approval of the application for a certificate of removal or demolition, the applicant may apply for relief, in accordance with the procedures set forth in § 231-26.2, on the grounds that the determination results in an economic hardship.
A certificate of removal or demolition shall be valid for one year.
§ 231-26.2 Certificate of hardship.
[Added 11-17-2010 by L.L. No. 1-2010]
An applicant whose certificate of removal or demolition has been denied may apply for relief on the grounds of hardship. Upon receipt of an application for relief on such form as the Planning Board may prescribe, the Planning Board shall, within 31 days of receipt of a complete application, hold a public hearing and give notice in the same manner as in § 231-26.1B(3) above.
In order to prove the existence of hardship, the applicant shall establish that:
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
The Planning Board shall take into consideration the economic feasibility of alternatives to removal or demolition and balance the interest of the public in preserving the historic building or portion thereof and the interest of the owner in removing or demolishing it.
The Planning Board shall render its written decision and findings within 31 days of the conclusion of the public hearing. The Board's decision shall be filed with the Village Clerk and Code Enforcement Officer and mailed to the owner and applicant within seven days.
In the case of an approval of a certificate of hardship, the Planning Board is empowered to impose reasonable conditions upon the applicant to ensure that the activity is conducted consistent with the spirit and intent of this section, including providing for recordation of the historic building through photographs.
§ 231-27 Dumps.
§ 231-28 Dwellings.
[Amended 12-21-2016 by L.L. No. 1-2017; 8-14-2024 by L.L. No. 1-2024]
All dwelling units in the Village of Tivoli shall have a minimum area of 500 usable square feet. This provision shall not apply to accessory dwelling units.
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 service 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.
§ 231-29 Educational institution.
Location. No special permit shall be granted for the construction or expansion of an educational institution unless such institution has a minimum of 400 feet of frontage on a road designated as a primary or secondary road on the Comprehensive Plan.
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 Comprehensive Plan. Where feasible, entrances and exits should be on primary streets and not on streets intended for predominantly residential use.
§ 231-30 Fairs, carnivals and circuses.
[Amended 12-21-2016 by L.L. No. 1-2017]
On the premises of a building occupied by a place of worship, civic organization or similar nonprofit group in any district, or where permitted by the Schedule of Permitted Uses or as otherwise permitted by the Village Board of Trustees, a fair, carnival or circus may be held for a period not to exceed three days in any calendar year.
§ 231-30.1 Farmers' market.
[Added 9-19-2012 by L.L. No. 3-2012]
A farmers' market, as defined in § 231-4 of this chapter, shall be allowed by special permit in the RB District, provided that:
If the farmers' market involves the construction or use of permanent structures or other improvements, including parking surfaces and signage, all applicable standards for the RB District, including the site plan and special permit design standards, shall be met.
If the farmers' market involves the use of temporary structures, such as tents or similar shelters, such structures may be erected only during periods of farmers' market activity and may be in place not more than 24 hours prior to or following such sales activity. The display of signage shall be restricted by the same time requirements and limited to on-site locations.
The farmers' market shall meet all applicable Dutchess County Health Department standards.
A farmers' market may be a principal or accessory use.
§ 231-30.2 Vending cart.
[Added 9-19-2012 by L.L. No. 3-2012]
A vending cart, as defined in § 231-4 of this chapter, shall be permitted by special permit in the RB District, provided that:
The vending cart shall not exceed 100 square feet in total floor area.
The vending cart shall be located a minimum of 15 feet from the edge of the street pavement, and there shall be a suitable area provided where vehicles can safely park while visiting the vending cart. A vending cart may utilize existing on-site parking.
Signage shall be limited to a single sign, not greater than six square feet in area per side, and located not less than 15 feet from the edge of the street pavement.
Temporary outdoor seating, such as a picnic table, may be provided.
A vending cart that serves food or beverages for public consumption shall be licensed by the Dutchess County Health Department.
A vending cart may be either a principal or accessory use.
§ 231-31 Home occupations.
[Amended 5-11-1998 by L.L. No. 1-1998; 12-21-2016 by L.L. No. 1-2017]
Purpose. The conduct of small-scale, low-impact home occupations, as defined in § 231-4 of this chapter, shall be permitted on residential premises under the provisions of this section. It is the intent of this section to:
Ensure the compatibility of home occupations with other uses;
Maintain and preserve the historic character of the Village; and
Allow residents to engage in gainful employment on their properties while avoiding excessive noise, traffic, nuisance, fire hazard, and other possible adverse effects of nonresidential uses.
A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units, and does not alter the residential character of the neighborhood. Any new construction undertaken to accommodate the home occupation activity shall be wholly consistent with the character of a residential premises.
A home occupation may only be conducted within a dwelling unit which is a residence of the principal practitioner of the occupation or in an accessory building thereto which is normally associated with the residential use.
For purposes of this chapter:
A home occupation that is consistent with the provisions of this section shall be classified as a Class 1 home occupation if:
It occurs fully within the dwelling unit.
It employs no nonresident employees.
It has no temporary or longer-term open storage of materials or equipment used in connection with the home occupation.
The volume of clients or guests who visit the home occupation is less than six per day.
The volume of truck deliveries or truck traffic to the home occupation is less than one per day averaged over a week.
All other home occupations shall be classified as Class 2 home occupations, which may only be authorized by special use permit in accordance with Article VIII of this chapter.
A Class 2 home occupation may employ a maximum of one nonresident employee.
For multifamily dwellings, each dwelling unit shall be permitted a single Class 1 home occupation. No Class 2 home occupations shall be permitted.
A home occupation that is located wholly within a dwelling unit shall occupy no more than 500 square feet of floor area or 25% of the floor area of the dwelling on the premises, whichever shall be the more restrictive.
A home occupation that is located partially or entirely within an accessory structure shall occupy no more than a total of 1,300 square feet of floor area, except in the R-15,000 District, where such home occupation shall occupy no more than a total of 500 square feet.
Except for articles produced on the premises and other articles customarily associated with the product made or the service provided on the premises, no stock-in-trade shall be displayed or sold on the premises, nor shall any item be available for rental.
Open storage of equipment or materials used in the home occupation may be authorized for a Class 2 home occupation but shall not be permitted in the front yard of the premises, shall meet the setback requirements for accessory buildings in the district in which it is located, shall occur as inconspicuously as practicable on the lot, and shall be effectively screened year round from a public road and any abutting residential property by intervening landform, evergreen vegetation, or fencing.
One off-street parking space per nonresident employee shall be provided, and a maximum of two off-street parking spaces shall be permitted to serve all home occupations on the lot.
No sign or other device for advertising or notification purposes of any kind shall be permitted for a home occupation.
No sharing, letting or subletting of space for use by nonresidents of the dwelling unit in the conduct of their profession, trade or business shall be permitted.
In no case shall a home occupation be open to the public earlier than 8:00 a.m. or later than 8:00 p.m.
Electrical or mechanical equipment that creates visible or audible interference in radio, telephone, internet, or television receivers, causes fluctuations in line voltage outside the dwelling unit, or creates noise not normally associated with residential uses is prohibited.
Toxic substances used in home occupations must be properly stored, properly collected and/or properly disposed of at specially designated toxic waste sites.
A special permit granted for a Class 2 home occupation shall expire when the occupation changes or the property is sold.
The above notwithstanding, because of parking requirements and the potential for noise, odors, traffic congestion and other issues of land use compatibility, the following uses are specifically prohibited from consideration as a permitted (Class 1) or special permit (Class 2) home occupation under this chapter:
Ambulance service.
Taxi, limousine or similar service with more than one such vehicle used in the service.
Motor-vehicle-related businesses, including painting, parts, sales, upholstery, detailing or washing services.
Motor boat sales and/or service.
Commercial servicing of construction equipment, including, but not limited to, backhoes, bulldozers and trucks.
Beauty salons and barbershops with more than one chair.
Places of worship and places of public assembly.
Restaurants, delicatessens, bars and taverns.
Dancing, art, martial arts, and similar group instruction activity when serving more than six students per class.
Group band instrument instruction.
Personal service establishments, licensed by the New York State Education Department, serving more than one customer at a time.
§ 231-31.1 Keeping of hens on nonfarm lots.
[Added 2-21-2018 by L.L. No. 2-2018]
The keeping of hens for personal use is permitted as an accessory use on a residential lot in the R-1A, R-2A, R-3A, and LC Districts, and in the historic overlay portion of the R-15,000 District provided the following criteria are met:
All hens shall be provided an enclosed shelter and a fenced run inaccessible to predatory animals. The shelter and fenced run shall be located behind the front building line of the residence and set back from the property boundary not less than the accessory building setback required in the District Schedule of Area and Bulk Regulations for the applicable zoning district.
The fenced run shall be fully screened from view from any neighboring front yard by an opaque fence, shrubbery, or other screening of a height equivalent to the structure being screened.
The enclosed shelter shall provide a minimum floor space of four square feet per hen. The fenced run shall have a minimum of eight square feet per hen.
The shelter shall be maintained in a clean, dry and in sanitary condition at all times so as not to endanger the public health and safety. Animal waste, uneaten or discarded food, and feathers are to be removed regularly with a minimum frequency of once per week.
Feed shall be stored indoors or in metal containers and securely covered with metal covers.
Hen waste must be disposed of in a safe and sanitary manner with a minimum frequency of once per week or may be composted on site with sufficient green vegetation and soil so as to prevent odors from leaving the property.
Odor from hens, animal waste and related substances shall not create a nuisance for occupants of nearby buildings or properties.
Hens shall be confined at all times to the lot on which they are kept, possessed or maintained. Free-range hens are prohibited.
No more than six hens are permitted on a lot of an acre or less and no more than 12 hens are permitted on a lot of more than one acre.
Except as provided in § 231-31.1E(2) below, the keeping of fowl other than hens, including but not limited to roosters, ducks, geese, turkeys, guinea fowl, peacocks and peahens, is not permitted on a nonfarm lot.
It shall be unlawful to cause, permit or allow any hens or other fowl to be kept in such a manner as to constitute a nuisance or to create a hazard to public health or in any manner which either annoys, disturbs, injures or endangers or tends to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of the public.
A nontransferable license must be obtained from the Village Clerk prior to the keeping of hens on a lot and shall be renewed as required by resolution of the Village Board.
If an applicant is not the owner of the lot, the license application shall be accompanied by a notarized letter from the owner authorizing the keeping of hens.
Prior to issuance of the license, the CEO shall inspect the premises and confirm in writing that the standards in § 231-31.1A are met.
The Village Board may establish by resolution a fee for each license and renewal thereof.
Compliance requirements.
Owners of hens existing at their property at the time of adoption of this section shall have 60 days from the effective date to come into compliance with the provisions of this section and obtain a license.
Owners of fowl, other than hens, existing at their property at date of adoption of this section shall obtain a license which may include keeping such existing fowl if they come into compliance with the provisions of this section (other than § 231-31.1B) within 60 days of the effective date and any such existing birds are registered with the Village Clerk within 30 days of the adoption of this section, including photographs or other identifying information, and provided such existing fowl may be permitted by such license only until such birds decease.
Violations. In addition to the penalties in Article XI of the Zoning Law, a license for the keeping of hens shall be automatically revoked for a period of two years upon conviction of a third offense related to this section and no new license for the same property or owner shall be issued for a period of two years from the date of conviction.
§ 231-32 (Reserved) [1]
[1]
Editor's Note: Former § 231-32, Industrial performance standards, as amended, was repealed 12-21-2016 by L.L. No. 1-2017.
§ 231-33 Land Conservation District.
No structure (temporary or permanent), fill for any purpose, deposit, obstruction, storage of materials or equipment or other uses shall be permitted which, acting alone or in combination with existing or future uses, will unduly affect the efficiency or the capacity of the floodway or unduly increase flood heights, cause increased velocities or obstruct flow under flood conditions.
As part of the special use permit approval process, the applicant may be required to submit a plan certified by a registered professional engineer that flood-proofing measures are consistent with the flood protection elevation and associated flood factors for the particular area.
§ 231-34 Commercial vehicles, trailers, and outdoor storage.
[Amended 12-21-2016 by L.L. No. 1-2017]
No commercial vehicles, as defined in § 231-4, shall be permitted to be parked or stored outdoors in the R-15,000, R-1A, R-2A, and R-3A Districts.
Outdoor storage of small trailers, as defined in § 231-4 and as permitted in § 231-21, Schedule of Permitted Uses, shall meet the setback requirements for accessory buildings in the district in which they are located, shall occur as inconspicuously as practicable on the lot, and shall be effectively screened by intervening landform, dense evergreen vegetation, or fencing from any abutting residential property.
§ 231-35 Mobile home.
The following shall apply in addition to all other regulations of the Village with respect to mobile homes:
No mobile home shall be parked and occupied outside an approved mobile home court for more than 48 hours, except upon a special permit issued by the Village 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 for a period not exceeding 180 days. However, if material progress with house construction is not made within 45 days from the issuance of a permit or if construction work ceases for a consecutive period of 45 days, such permit shall become void.
No mobile home without complete sanitary facilities nor a camp or travel trailer, as defined herein, shall be occupied in the Village of Tivoli.
§ 231-36 Mobile home park.
License required for a mobile home park.
It shall be unlawful within the Village for any person or persons to construct or operate a mobile home park without first securing a written license from the Village Board, as provided by the Village Law, and complying with the regulations of this chapter.
The application for such annual license or the renewal thereof shall be filed with the Village Clerk and shall be accompanied by a fee as set forth, from time to time, by resolution of the Board of Trustees.[1] Thereafter, each mobile home shall be assessed on the tax rolls of the Village against the mobile home park owner in accordance with § 102 of the New York Real Property Tax Law. No other fees shall be charged against the mobile home owner; provided, however, that each mobile home is assessed and placed on the tax rolls and that the school, county, town, Village and state taxes have been paid for the current year.
[Amended 5-11-1998 by L.L. No. 1-1998]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
The application for a license or renewal thereof shall be made on forms prescribed by the Village and shall include the name and address of the owner in fee of the tract (if the fee is vested in some person other than the applicant, a duly verified statement by the person that the applicant is authorized by him to construct or maintain the mobile home park shall accompany the application). Each license or renewal thereof shall expire on the 31st day of December following the issuance thereof.
Application for a mobile home park license. 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 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 100 feet.
A mobile home park or house trailer camp shall be located on a well-drained site suitable for the purpose with an adequate entrance road at least 20 feet wide.
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.
Margins along the side and rear property lines of the mobile home park shall be densely planted with trees and shrubs to a depth of not less than 25 feet.
Each mobile home shall have an entrance platform of concrete or equivalent construction to conform with the overall plan.
Additional provisions. Each mobile home park shall provide sanitary conveniences, services and utilities, including water supply, sewage disposal and garbage disposal, commensurate with the following:
Water supply. A sufficient supply of water obtained from the Village of Tivoli water system shall be provided to each mobile home lot.
Sewage disposal. Waste from each mobile home shall be wasted into the Village of Tivoli sewer in a manner approved by the Village Board.
Refuse disposal. Adequate refuse receptacles of not less than a total of 70 gallons' total capacity with tight-fitting covers shall be provided for each mobile home. These receptacles shall be kept in a sanitary condition and emptied weekly by the licensee or his agent.
Storage. Storage space within a building shall be provided in an amount equal to at least 300 square feet for each mobile home lot in the mobile home park.
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, if licensed, and the state issuing such license. The licensee shall keep a copy of the register available for inspection at any time by any authorized person and shall not destroy such a register until the expiration of 12 months from the date of registration.
Health. It shall be the duty of the licensee to notify immediately the Village Board of any communicable disease in the park.
Inspection. Before any park commences operation, the Zoning Enforcement Officer shall make an inspection of the premises to determine that all requirements of this chapter shall have been complied with and to issue a certificate of occupancy. No use shall be permitted until such certificate has been issued.
Revocation or suspension of license. The Village 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 Village 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.
Parking spaces. Parking spaces shall be provided at the rate of at least one parking space, as defined herein, for each mobile home lot, plus one additional parking space for each four lots in the mobile home park. Parking spaces as required shall not be less than 300 square feet per space as provided herein.
§ 231-37 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.
Off-street parking and loading shall be provided as required by § 231-39.
[Amended 12-21-2016 by L.L. No. 1-2017]
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 Village water and sewer systems, or other arrangements for water supply and sewage disposal made which are approved by the Dutchess County Department of Health.
§ 231-38 Multifamily dwellings.
Multifamily dwellings shall meet the following additional requirements:
Special permit and site plan approval. Special permit and site plan approval from the Village Planning Board are required.
[Amended 11-18-2009 by L.L. No. 1-2009]
Standards for multifamily development.
[Amended 2-12-1996 by L.L. No. 1-1996; 9-19-2012 by L.L. No. 3-2012]
Density.
In the R-15,000 District, the number of dwelling units shall not exceed four dwelling units per gross acre; except that for multifamily dwellings not served by public sewers, the number of dwelling units shall not exceed one unit per acre of net land area.
In the R-1A District, the number of dwelling units shall not exceed one unit per acre of net land area, whether the project is served by central sewer or not.
The "net land area" is the area exclusive of streets and other public open space (see definition of "area, land" in § 231-4). The Planning Board shall determine appropriate net densities as part of the site plan process.
In the RB District, the number of dwelling units shall not exceed four units per gross acre, whether the project is served by central sewer or not.
Minimum requirements applicable to the multifamily development as a whole.
Minimum lot width at front building lines: 175 feet; except in the RB District, where it shall be 200 feet.
Minimum side yards (each): 40 feet.
Minimum rear yards: 40 feet.
Maximum building height: 35 feet.
Minimum dwelling unit size: 500 square feet of usable interior floor area.
All parking shall be provided in paved, off-street parking areas.
Water and sewerage facilities.
Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers and/or water mains shall be connected to such existing facilities in the manner prescribed by regulation of the appropriate sewer, water, fire district or other agency having jurisdiction.
Where connection to existing off-site water or sewerage facilities is not possible or not warranted, a central water supply and sewage treatment system shall be designed and constructed to serve all dwelling units in accordance with the standards and subject to the approval of the Dutchess County Department of Health and the appropriate state and federal agencies.
Where future service by off-site water and/or sewerage systems is planned, all on-site water and sewer facilities shall be designed and located in such a way as to readily permit their connection and/or conversion to the off-site systems at such time as they are constructed.
Open space and recreation area. At least 50% of the gross area of the site shall be preserved as a permanent open land or recreation area, free of nonrecreational buildings and parking areas in accordance with plans approved by the Planning Board.
§ 231-39 Off-street parking and loading.
[Amended 11-17-2010 by L.L. No. 1-2010; 12-21-2016 by L.L. No. 1-2017]
Purpose. The Village finds that large and highly visible parking areas can damage the historic layout and architectural fabric of the Village, interfere with pedestrian safety and accessibility, harm the natural environmental and visual character of the Village, and reduce the quality of life. The Village also finds that excessive parking requirements can prevent desirable businesses from locating in the General Business District of the Village, with its compact historic layout that predates the automobile. However, the Village also recognizes that inadequate parking can diminish quality of life by creating traffic congestion, safety hazards, and inconvenience. The Village therefore seeks to balance the need for adequate parking with the need to minimize adverse impacts resulting from requiring excessive parking.
Applicability. Permanent off-street parking and, where required, off-street loading facilities shall be provided as set forth in this section at the time of the erection of any building or structure, at the time any building, structure or use is enlarged or increased in capacity, or before conversion of any building or structure from one use or occupancy to another. Such off-street parking and loading facilities shall be deemed to be required in association with the building, structure or use and shall not thereafter be reduced or encroached upon in any manner. Required off-street parking and loading facilities shall be maintained as long as the building, structure or use exists which the facilities are designed to serve.
General requirements.
Required off-street parking facilities shall be completed before a certificate of occupancy shall be issued.
Where two or more different uses occur on a single lot, the total number of parking spaces to be provided shall be the sum of the requirements of each individual use on the lot, unless modified by the Planning Board in accordance with Subsection E(2)(c).
Required parking shall be provided on the same lot as the structure or land use to which it is accessory, unless modified by the Planning Board in accordance with Subsection E(2)(d).
For nonresidential uses, parking spaces and access aisles shall be set back a minimum of five feet from any property boundary, except where the use(s) served abut a residential district or use, in which case parking spaces shall be set back a minimum of 10 feet from any property boundary that abuts a residential district or use.
Except as otherwise provided herein, parking facilities shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without the need to move any other motor vehicle. The placement of parking spaces in a parallel line, one in back of the other, such that one or more spaces must be driven across in order to access another space or spaces, is prohibited.
Where sufficient area for parking cannot be created on the site without disturbance to the environmental, scenic, or historic sensitivity of the site, the Planning Board may require a reduction in the size of a proposed structure or use so that the available parking will be sufficient.
Schedule of off-street parking requirements for residential uses. Where the application of the following requirements results in a fractional number, the required number of spaces will be rounded up to the next-highest number.
Minimum parking required for residential uses.
[Amended 8-14-2024 by L.L. No. 1-2024]
Table 1 | |
|---|---|
Minimum Parking Required for Residential Uses | |
Use | Minimum Off-Street Parking Spaces |
1-family dwelling with less than 1,350 square feet of floor area in the R-15,000 District | 1 space per dwelling unit plus 1 space for ADU |
1-family dwelling in all other cases | 2 spaces per dwelling unit plus 1 space for ADU |
2-family dwelling | 2 spaces per dwelling unit |
Row or townhouse dwelling | 1 space per efficiency unit or 1 space per bedroom |
Multifamily dwelling | 1 space per efficiency unit or 1 space per bedroom |
Nursing or convalescent home or alternative care housing | 0.33 space per resident |
These requirements may be reduced for housing restricted by covenant exclusively for use by senior citizens if the Planning Board determines that such reduction is warranted. | |
Design of parking areas for residential districts. In a residential district, 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.
Schedule of off-street parking requirements for nonresidential uses. Where the application of the following requirements results in a fractional number, the required number of spaces shall be rounded up to the next-highest number. Wherever the parking requirement is based on the number of seats, a seating plan is required to be submitted and approved as part of the site plan application for such premises.
Minimum parking required for nonresidential uses.
Table 2 | |
|---|---|
Minimum Parking Required for Nonresidential Uses | |
Use | Minimum Off-Street Parking Spaces |
Day-care facility | 1 space per employee plus 1 space per 5 student capacity |
Motor vehicle service facility | 2 spaces per service bay plus 1 space for each employee |
Hotel and motel | 1 space per guest bedroom plus additional spaces for any accessory restaurant, place of public assembly, etc., based on the standards contained herein for such uses |
Restaurant or other place serving food and drink | 7 spaces per 1,000 square feet of floor area |
Retail or service business | 1 space per 250 square feet of floor area |
Office | 1 space per 333 square feet of floor area |
Clinic, dental or medical | 1 space per 200 square feet of floor area |
Places of public assembly | 1 space per 7 seats or 1 space per 250 square feet of floor area in the main assembly hall if there is no fixed seating |
Uses not listed above | Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined by the Planning Board and will be specified in the resolution approving the site plan. |
In the GB District only, the Planning Board may modify the parking requirements for nonresidential uses found in Table 2 as follows:
Existing on-street parallel parking along the lot frontage(s) may be applied toward the minimum parking requirement of the total nonresidential uses on the lot. One parking space may be credited for each 22 feet of lot frontage with existing on-street parking.
Any existing or proposed nonresidential use that has a floor area of 1,000 square feet or less, occupying a structure that is legally in existence as of the date of adoption of this section, shall not be subject to the off-street parking requirements set forth in this section. However, any off-street parking facilities now existing to serve such structures and uses shall not be reduced.
Parking available for two dissimilar nonresidential uses located on the same lot may be shared. Shared parking is calculated by adding the total number of spaces required by each separate use and dividing the total by the appropriate shared parking factor from Figure 1. For example, if a hotel (a lodging use) requires 10 parking spaces, and a restaurant in the hotel requires 12 spaces, independently they would require 22 spaces. But when divided by the shared parking factor of 1.3, they would require only 17 parking spaces. For the purpose of determining the shared parking factor, any use not shown in Figure 1 shall be considered "retail."
 Figure 1: Shared Parking Factors |
Parking requirements for structures or land uses on one piece of property may be satisfied by providing equivalent parking on an adjacent or neighboring property within 600 feet, provided that a legal instrument, satisfactory to the Village Attorney, assures the continued existence of the parking facility to serve said structures or land uses as long as they may exist. Such agreements shall also guarantee that, upon the termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this section. In no event shall such parking for a nonresidential use be located in any residence district.
Design, layout, and construction of parking areas for nonresidential and multifamily residential uses.
Location. No parking shall be permitted in a front yard, with the exception of corner lots as discussed below.
All off-street parking shall be located behind the principal building so it is screened from the street, as shown in Figure 2. The Planning Board may modify or waive this requirement for corner lots, in which case parking may be located behind the principal building adjacent to a street, as long as such parking is screened from public view with vegetation or a low wall or fence, as shown in Figure 3.
 Figure 2: Parking located behind principal building and screened from view of the street |
 Figure 3: Parking located behind a principal building adjacent to the street on a corner lot, and screened from view of the street |
Construction of parking areas. Parking areas shall be surfaced with a suitable durable surface appropriate for the use of the land, with adequate drainage. Surfacing, grading, and drainage shall facilitate groundwater recharge by minimizing impervious pavement and runoff. Overflow or peak-period parking surfaces shall be permeable. The Planning Board may require suitable markings to indicate individual parking spaces, maneuvering areas, entrances and exits. Oil traps may be required for larger paved parking areas.
Snow storage. In all off-street parking areas containing 25 or more parking spaces, adequate provision shall be made for the storage of snow with minimal loss of parking capacity. The location of such snow storage areas shall be indicated on the site plan and shall be appropriately related to the storm drainage system.
Dimensions. Parking spaces and access aisles shall be dimensioned as shown in Figure 4 below, unless required to be dimensioned differently by the Americans with Disabilities Act.
 |
ADA requirements. Parking areas shall comply with all applicable requirements of the Americans with Disabilities Act.
Landscaping and screening.
In all off-street parking areas containing 25 or more parking spaces, at least 5% of the total parking area shall be landscaped with trees, shrubs and other plant materials located in planting areas within the parking area, such as islands. At least one shade tree, not less than 2.5 inches' caliper in size at time of planting, shall be provided within such planting areas for each eight parking spaces. Such trees and landscaped areas shall be arranged and designed so as to provide definition to traffic circulation aisles and to entrances and exits and shall be of such type and location as will provide the maximum of shade without interfering with sight lines or impeding the safe flow of traffic. Shade trees shall be hardy varieties, tolerant of soil compaction and salt, drought-resistant, and free of objectionable droppings.
Whenever a parking area containing six or more parking spaces lies within or abuts a residential district or use, said parking area shall be effectively screened year-round from such abutting lot line by intervening landform, evergreen vegetation, or fencing. The retention and enhancement of existing vegetation, and the introduction of substantial new vegetation, shall be considered the preferred means to satisfy these screening requirements. New vegetation shall be evergreen species and shall be at least 6 1/2 feet in height at time of planting. Fencing shall be permitted as an alternative, subject to Planning Board approval.
All landscaping required by this section shall be properly maintained throughout the duration of any use on any lot.
In order to encourage safe and convenient traffic circulation, the Planning Board may require that adjoining parking areas be connected directly to one another or to a service road or access drive wherever feasible. In such cases, the Planning Board shall require written assurances and/or deed restrictions, satisfactory to the Village Attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and inter-use of parking facilities.
Off-street loading.
Loading docks and service access areas, if proposed, shall be located in a manner that minimizes visual intrusion on public spaces and ensures pedestrian and automobile safety by separating truck traffic and loading operations from pedestrian and automobile circulation. Where appropriate, loading docks shall be screened by walls extending from a building face. Adjacent buildings shall be sited to allow shared access to loading docks through the use of common loading zones or service roads.
The need to maintain the traditional layout and historic character of the Village may preclude the establishment of modern loading facilities in some older buildings, particularly in the GB District. In such situations, on-street loading shall be permitted.
§ 231-40 (Reserved) [1]
[1]
Editor’s Note: Former § 231-40, Public garages and motor vehicle service stations, was repealed 9-19-2012 by L.L. No. 3-2012.
§ 231-40.1 Roadside stand.
[Added 9-19-2012 by L.L. No. 3-2012]
A roadside stand, as defined in § 231-4 of this chapter, shall be permitted in the RB, R-1A, R-2A and R-3A Districts as a seasonal accessory use related to the agricultural activity occurring on either a farm or nonfarm parcel, with site plan approval, provided that:
The structure constituting the roadside stand shall not exceed 100 square feet in total floor area.
Such roadside stand shall be located a minimum of 15 feet from the edge of the street pavement, and there shall be a suitable area provided where vehicles can safely park while visiting the roadside stand. Such roadside stand shall be solely for seasonal display and sale of agricultural products grown principally on the premises or elsewhere by the operator of the roadside stand or other occupant of the premises.
Signage shall be limited to a single sign, not greater than six square feet in area per side, and located not less than 15 feet from the edge of the street pavement.
A roadside stand may be a principal or accessory use.
§ 231-41 Satellite antennae.
General.
In all zoning districts, satellite television antennae are permitted as accessory structures.
No satellite antenna greater than four feet in diameter, whether new or existing, shall hereafter be erected, altered or changed, except in conformity with the provisions of this chapter.
This section shall not apply to satellite antennae less than one meter in diameter in residential districts and less than two meters in diameter in commercial or industrial districts.
[Added 5-11-1998 by L.L. No. 1-1998]
Permit.
Except as otherwise provided herein, no satellite antenna shall be erected, constructed, moved, reconstructed or altered without first obtaining a permit from the Zoning Enforcement Officer.
Application for a permit shall be made, in writing, in the manner prescribed by the Village Zoning Enforcement Officer. The applicant shall also furnish a location plan showing proposed location of the antenna.
It shall be the duty of the Zoning Enforcement Officer, upon the filing for a permit, to examine such plans, specifications, locations and other data submitted and approve said plans if they are in conformance with all requirements of this chapter. The Zoning Enforcement Officer shall then, within five days, issue a permit for the erection of the proposed satellite antenna. In the event that plans submitted do not meet requirements of local laws and ordinances, the Zoning Enforcement Officer shall then notify the applicant, in writing, of the reason for refusal to issue a permit.
If the authorized antenna is not erected within six months of the date the permit is granted, the permit shall become null and void, and a new application must be made.
Standards.
No satellite antenna shall exceed 15 feet in diameter.
No satellite antenna mounted on the ground shall exceed 15 feet in height, including any platform or structure upon which said antenna is mounted or affixed.
No satellite antenna mounted on a building shall extend more than 10 feet above the height limit established for the zone in which the structure is located.
Satellite antennae shall be located and designed to reduce visual impact from surrounding properties and from public streets.
No satellite antenna shall be erected or maintained within a required front yard or in front of the building line of an existing structure.
A satellite antenna must be set back at least 15 feet from side and rear lot lines and shall be screened from existing residential uses on abutting lots.
Not more than one satellite antenna shall be allowed on any lot less than one acre in size.
All satellite antennae shall be constructed of noncombustible and corrosive-resistant material and shall be erected and anchored in a secure and wind-resistant manner.
Every satellite antenna shall be adequately grounded for protection against a direct strike of lightning.
Notwithstanding the foregoing, if no adequate signal can be received by the satellite antenna in a location permitted by this chapter, the antenna may be sited where otherwise prohibited, with approval of the Planning Board.
[Added 5-11-1998 by L.L. No. 1-1998]
§ 231-41.1 Short-term rentals.
[Amended 8-14-2024 by L.L. No. 1-2024]
Short-term rental uses are subject to the following regulations in addition to all other requirements of the Code.
A hosted short-term rental is allowed only as an accessory use to a one-family dwelling in the zoning district where permitted by § 231-21 of this chapter.
A hosted short-term rental is permitted only for a maximum of two or, in the GB and RB Districts only, four bedrooms, located on a lot with a one-family dwelling on a structure or lot which has at least one additional bedroom.
A short-term rental shall only be used for overnight accommodation for transient residential occupancy. Activities other than residential occupancy (such as events, gatherings, luncheons, banquets, parties, weddings, meetings, or similar activities) are not permitted. No restaurant may be operated. Meals served to permitted occupants of the short-term rental as in a typical bed-and-breakfast are permitted.
A short-term rental is not to be permitted in addition to a Class 2 home occupation on the same parcel.
No recreational vehicle, bus, camping or travel trailer, or temporary housing, including but not limited to a tent or treehouse, shall be used as a short-term rental. Outdoor storage of recreational vehicles, buses or trailers, including those driven by guests, shall be consistent with all applicable provisions of the Zoning Law, including but not limited to § 231-34 thereof.
The short-term rental shall not exceed the number of bedrooms that are shown in the approved certificate of occupancy or for preexisting occupied structures, the property tax record, or shall otherwise demonstrate compliance with all applicable requirements of the Dutchess County Sanitary Code including issuance of and compliance with any required approval or permit of the Dutchess County Department of Behavioral and Community Health regarding on-site sanitary sewage or water supply facilities.
A short-term rental shall be incidental and secondary to the use of the dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their residential premises, and does not alter the residential character of the property or the neighborhood. No alteration to either the exterior or the interior of any principal dwelling shall be made that changes the residential character and appearance of the premises.
§ 231-42 Signs and billboards.
General provisions. Signs are an accessory use only. Signs are not permitted as a principal use.
Permit.
Except as otherwise provided herein, no sign shall be erected, constructed, moved, reconstructed or altered without first obtaining a permit from the Zoning Enforcement Officer.
Application for a permit shall be made in writing in the manner prescribed by the Village Zoning Enforcement Officer. The applicant shall also furnish a location plan showing proposed size and location of the sign.
It shall be the duty of the Zoning Enforcement Officer, upon the filing for a permit, to examine such plans, specifications, locations and other data submitted and approve said plans if they are in conformance with all requirements of this chapter. The Zoning Enforcement Officer shall then, within five days, issue a permit for the erection of the proposed sign. In the event that plans submitted do not meet requirements of local laws and ordinances, the Zoning Enforcement Officer shall then notify the applicant, in writing, of the reason for refusal to issue a permit.
If the authorized sign is not erected within six months of the date the permit is granted, the permit shall become null and void, and a new application must be made.
Standards. Wherever located and whatever their nature, signs and billboards shall conform to the following:
No attached sign shall extend within a street or road property line.
No freestanding sign larger than eight square feet shall have less than three feet of open space at the bottom, extending its entire length.
No sign shall exceed 10 feet in height or extend above the facade of the building to which it is attached.
In matters of setback from the street or road, required yards and other such respects, freestanding signs larger than eight square feet shall be regarded as buildings within the meaning of this chapter, with the exception of the RB District, where the setback for all freestanding signs shall be a minimum of 15 feet from the front property boundary.
[Amended 9-19-2012 by L.L. No. 3-2012]
Advertising displays upon a building or other surface shall be regarded as coming within the regulations of this section.
Rules of measuring signs.
Back-to-back signs, identical signs arranged back to back or diverging by less than 30° from a common line or point, may be counted as one sign.
The area of a sign consisting of insignia or other device, but without background, shall be calculated as the smallest polygon or circle possible of enclosing the insignia.
Design and lighting of signs.
The installation of moving signs, self-illuminated signs (other than those with bulbs concealed behind translucent glass, plates or similar material) or the use of flashing or intermittent lighting in connection with signs shall not be permitted.
Floodlights for the illumination of signs shall be so located and/or shielded as not to interfere with the enjoyment of residential use or detract from the safety of motorists. This shall require that the edge of the beam of any artificial light source shall not cross any property line of a lot on which the sign is situated. For this purpose, the "edge of the beam" is defined as the surface at which the intensity of the light does not exceed 10% of the luminescence of the center of the beam.
Nonconforming signs to be removed.
A nonconforming sign which is portable in nature (e.g., banners, pennants, spinners, portable signs, etc.) shall be removed within 90 days of the effective date of this chapter.
Any nonconforming sign painted, posted or otherwise applied to a fence, wall or facade of a building shall not be repainted, restored or replaced.
Permitted signs.
In Land Conservation Districts, the following signs are permitted:
A sign of an appropriate nature but not larger than 20 square feet identifying any building or use permitted in this district.
A real estate sign not larger than 12 square feet only when placed on property for sale or rent.
Signs necessary for the identification, operation or protection of a public utility installation.
Signs incident to a legal process or necessary to the public welfare.
In residence districts, the following signs are permitted.
One sign per lot not to exceed two square feet.
[Amended 8-14-2024 by L.L. No. 1-2024]
A real estate sign not larger than 12 square feet, only when placed on property for sale or rent.
One bulletin board not exceeding eight square feet in area for a place of worship or other institutional use, government entity or not-for-profit use.
[Amended 12-21-2016 by L.L. No. 1-2017]
Temporary special event signs on the premises of a special event sponsored by a place of worship or government entity or non-for-profit use not exceeding eight square feet.
[Amended 12-21-2016 by L.L. No. 1-2017]
In a business district, business or identification signs not exceeding one square foot in area for every two linear feet of street frontage occupied by an establishment but not exceeding 60 square feet for any sign parallel to and flat against the facade of a building, or 15 square feet for any other sign, shall be permitted.
§ 231-43 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 diked with earthen dikes having a capacity not less than 1 1/2 times the capacity of the tank or tanks surrounded.
§ 231-44 Swimming pools.
A private swimming pool installed or maintained as an accessory use where permitted in the Schedule of Permitted Uses shall meet the following requirements:
It shall be used only as an accessory use to a dwelling or to a special permit use where permitted in Schedule of Permitted Uses for the private use of the owner or occupant of such dwelling or building and his or her family, guests or employees.
Any such pool shall be completely enclosed by a security fence, not less than four feet in height, with all gates or doors opening through such enclosure equipped with self-closing and self-latching devices designed to keep and be capable of keeping such gates or doors securely closed at all times when not in actual use, of a type approved by the Zoning Enforcement Officer. This provision may be waived by the Zoning Board of Appeals if the alternative safety factors comply with the New York State Uniform Fire Prevention and Building Code.
[Amended 5-11-1998 by L.L. No. 1-1998]
Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupants of any adjoining property.
No permission shall be granted for the installation of any swimming pool, until the owner has filed with the Zoning Enforcement Officer a statement by a professional engineer, or other person duly appointed by the Village Board, that provisions for the drainage of such pool are adequate and will not interfere with the public water supply system or existing sanitary facilities.
§ 231-45 Yard exception 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 no closer to the street line than 18 feet.
§ 231-46 Walls and fences.
[Added 2-12-1996 by L.L. No. 1-1996]
Walls and fences shall be erected where required for privacy, screening, separation, security, erosion control or to serve other necessary and reasonable functions as may be required by the Planning Board. While walls and fences are considered to be structures and require building permits and location review, they are not subject to standard district guidelines.
The design and materials used shall be functional and compatible with existing and proposed site architecture.
No fence or wall shall be constructed or installed so as to constitute a hazard to traffic or safety.
Fences and walls shall not exceed six feet in height when erected in a required side yard, nor exceed four feet in height when erected within 15 feet of the front lot line or highway right-of-way, except fencing for agricultural purposes and junkyards, which may be eight feet in height. Fences not exceeding four feet in height shall be deemed to meet such fifteen-foot setback as measured from the edge of the curb, pavement or traveled way, as such curb, pavement and traveled way may be widened from time to time.
[Amended 2-22-2006 by L.L. No. 1-2006]
In any zoning district, all such walls and fences shall additionally conform to the requirements of § 231-16, as pertains to corner lots where special sight clearance considerations are necessary to protect traffic safety.
In any zoning district, all such walls and fences shall have the face of the fence or wall directed toward the abutting property.