Valatie City Zoning Code
ARTICLE XIII
Main Street Business Districts
§ 345-73 Main Street Business District 1.
A.
The Main Street Business District 1 is created as an overlay zone on the north side of Main Street to the northernmost boundary line of each individual parcel and on the south side of Main Street to the southernmost boundary line each individual parcel. The area includes all those parcels of land included in Schedule A which is attached hereto and made a part of this chapter.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.
The Main Street Business District 1 uses and special restrictions and regulations applying thereto shall be as follows:
(1)
Site plan review shall be required only for new construction or when alterations or additions exceed the original footprint of an existing structure by 50%.
(2)
The requirements for off-street parking as contained in § 345-19 of the Village Code shall only apply for new construction or when alterations or additions exceed the original footprint of an existing structure by 50% or more.
(3)
Occupancy within the Main Street Business District 1 shall be limited to commercial uses throughout a parcel, or in the case of a mixed use, commercial on the first floor and residential on the second floor and those above.
(4)
Buildings, accessory buildings or portions thereof shall meet the current New York State Building and Fire Codes and all federal, state and local laws, rules and regulations for handicapped accessibility.
(5)
The following special restrictions and regulations apply only to the Main Street Business District 1:
(a)
All side lot, setback and rear yard requirements shall follow the requirements of the New York State Building and Fire Code; however, in no event shall the total both side lots be less than 5% of the lot width.
(b)
Whenever a building permit is issued within the Main Street Business District, the property shall be subject to facade review. The Code Enforcement Official will review the plans to ensure that the facade as altered, renovated or constructed is in harmony with the existing facades it the Main Street Business District. The Code Enforcement Official shall use the following guidelines before approving a facade:
[1]
Building criteria.
[a]
Height. The height of buildings shall be considered in relation to the average height of existing adjacent buildings, and the building being constructed or altered.
[b]
Proportion. The relationship between the width and height of the front elevations of adjacent buildings shall be considered in the construction or alteration of a building, the relationship of width to height of windows and doors of adjacent buildings shall be considered in the constriction or alteration of a building.
[c]
Roof shape, pitch and direction. The similarity or compatibility of the shape, pitch, and direction of roofs in the immediate area shall be considered in the construction or alteration of a building.
[d]
Pattern. Alternating solids and openings (wall to windows and doors) in the front facade and sides and rear of a building create a rhythm observable to viewers. This pattern of solids and openings shall be considered in the construction or alteration of a building.
[e]
Materials and texture. The similarity or compatibility of existing materials and textures on the exterior walls and roofs of buildings in the immediate area shall be considered in the construction or alteration of a building. A building or alteration shall be considered compatible if the materials and texture used are appropriate in the context of other buildings in the immediate area.
[f]
Color. The similarity or compatibility of existing colors of exterior walls and roofs of buildings in the area shall be considered in the construction or alteration of a building.
[g]
Architectural features. The architectural features, including, but not limited to, cornices, entablatures, doors, windows, shutters, and fanlights, prevailing in the immediate area shall be considered in the construction or alteration of a building. It is not intended that the details of existing buildings be duplicated precisely, but those features should be regarded as suggestive of the extent, nature and scale of details that would be appropriate on new buildings or alterations.
[2]
Site criteria.
[a]
Location of buildings. The setback of buildings from the street, spacing between buildings, and alignment of buildings shall be considered in relation to the prevailing development in the area.
[b]
Site organization. The organization of buildings, drives, parking areas, walks, signs, lights, fences and other structures should achieve a functional, safe and harmonious site relationship. At the same time, site organization should be compatible with existing positive characteristics of the area.
[c]
Landscape and plantings. The landscape shall be preserved in its natural state insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas. Plant species and planting composition should be complementary to the scale and style of building.
[d]
Views. Important views within the immediate area and more distant scenic vistas shall be protected from development which would obscure those views or vistas from passersby on streets or walkways.
[e]
Drives, parking, and circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to limiting the number of access points and their location, general interior circulation separation of pedestrian and vehicular traffic and arrangement of parking areas that are safe and convenient and insofar as practicable, do not detract from the design of buildings and structures and neighboring properties. Parking areas shall be screened by berms, plantings, or other screening methods to minimize their visual impact.
[f]
Utility service. The installation of underground electric, telephone, and other utility lines is encouraged whenever feasible. Any utility lines remaining above ground shall be located so as to have a harmonious relation to neighboring properties and the site.
[g]
Site structures. The materials, scale, design, and placement of accessory structures on the site shall be complementary to the building and surrounding area.
[h]
Signs and lighting. The size, location, design, color, texture, lighting; and materials of all exterior signs shall be complementary to buildings and structures on the site and surrounding properties, and shall conform in all respects to the signage requirements. Excessively bright lighting within a building or excessive illumination of signs, buildings, structures, parking areas, or other features shall be prohibited.
[i]
Other requirements. Exposed storage areas, machinery installations, service areas, utility and accessory structures and areas, where permitted, shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and surrounding properties.
[3]
Facade permits are subject to the following restrictions:
[a]
That no Texture 1-11 or similar materials are used, that there is no vertical siding, composition brick or asphalt brick siding.
[b]
The applicant shall provide elevations of the property as it fronts on Main Street and of any portion of the building visible from the sidewalks on Main Street.
[c]
Whenever possible, without impeding pedestrian traffic, the applicant shall provide for sidewalk planters or flower boxes on that portion of the building used for commercial purposes.
[d]
Signage is restricted as follows: There shall be no sign that is backlit or has inside lighting. There shall be no flashing, revolving or animated neon or incandescent sign, including those displaying messages. All signs attached to the facade of a building shall be limited to one sign not to exceed 24 square feet or, if there are multiple signs, a total of 24 square feet. All projecting signs shall be elevated so as not to hinder pedestrian traffic and shall not exceed 12 square feet. Each commercial use shall be allowed one neon sign reading "OPEN" no larger than two square feet. Each commercial use shall be allowed to display one sandwich-board type sign. The internal lighting of canopies is allowed.
[e]
Each facade shall display the 911 number so as to display the address for emergency vehicles.
(6)
In the event that any existing structure is one-story, with no residential use, the owner, seeking to create a residential use on the first floor, may apply for a use variance to the Village Zoning Board of Appeals. Any variance shall be granted by the Zoning Board of Appeals only upon a demonstration of hardship in strict conformity with the criteria contained in § 345-44C through E and any amendments thereto of the Village Code and § 7-712-b of the New York State Village Law. Any such variance shall be granted only by a majority plus one vote of the sitting members of the Village Zoning Board of Appeals.
(7)
In the event that the owner of a structure wishes to renovate or rehabilitate that structure and the renovations or repairs exceed either 50% of the assessed value of the parcel and the improvements thereon or 50% of the floor area of the first story, the occupancy for the structure shall comply with Subsection B(3) of this section.
§ 345-74 Main Street Business District 2.
A.
The Main Street Business District 2 overlay zone shall commence on the north side of Main Street from the east side of the intersection of Main Street and Merwin Lane easterly along Main Street to the intersection of Main Street and Mechanic Street to the northernmost boundary of each individual parcel and on the south side of Main Street from the east side of the intersection on Main Street and Chatham Street (NYS Route 203) to the intersection of the Main Street and Mechanic Street to the southernmost boundary of each individual parcel. The Main Street Business District 2 shall extend on the west side of Mechanic Street from the north side of the intersection of Main Street and Mechanic Street to the south side of the intersection of Mechanic Street and Spring Street thence along the south side of Spring Street to the intersection of Spring Street and Main Street to the southernmost boundary of each individual parcel. The Main Street Business District 2 shall also extend from the east side of the intersection of Main Street and New Street along the north side of Spring Street to the easement boundary of the parcel formerly owned by the Village of Valatie to the northernmost boundary of those parcels. The area includes all those parcels of land included in Schedule B which is attached hereto and made a part of this chapter.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
B.
Occupancy within the area described in above in Subsection A may be residential or commercial throughout the parcel, or in the case of a mixed use, may be commercial on the first floor and residential on the second floor.
C.
In the event that an owner of a parcel within the area described in Subsection A above and known as the "Main Street Business District 2" chooses to occupy their parcel in accordance with Subsection B immediately above, that parcel of land is subject to the same Main Street Business District uses and special restrictions and regulations as contained in § 345-73B of the Village Code and any amendments thereto.