Village Of Athens City Zoning Code
ARTICLE III
District Regulations
§ 250-6 Application of regulations.
A.
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the districts in which it is located.
B.
No building shall hereafter be erected or altered to exceed the height or bulk; accommodate or house a greater number of families; occupy a greater percentage of lot area; and to have narrower or smaller rear yards, front yards or side yards than is herein required for the district in which such a building is located.
C.
No part of a yard or other open space about any building required for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building except as may be provided for in a clustered residential subdivision.
D.
Temporary residences used on construction sites shall be removed immediately upon completion of the project.
§ 250-7 Specific requirements.
§ 250-8 OS/C Open Space/Conservation District.
A.
The Open Space/Conservation District contains land which should not be developed because of physical and environmental limitations or are areas that because of their natural character should be preserved for public enjoyment, such as the Hudson River shorelines and the Middle Ground Flats Island. The physical limitations involved include floodplains, wetland areas, stream banks and areas of steep slopes. Permitted uses shall be as follows:
B.
Physical alterations and improvements made to the land in the OS/C district shall be subject to site plan review.
C.
Maximum height of buildings shall be 25 feet.
§ 250-9 RL Low-Density Residential District.
A.
This area is as yet relatively undeveloped but is so designated for additional residential growth because of its high potential for future development. This district will provide a type of development which will be suburban in character and which is located adjacent to higher-density districts.
C.
Uses requiring a special use permit, pursuant to § 250-32, shall be as follows:
E.
Maximum height of buildings shall be 30 feet. No accessory building height shall exceed 21 feet.
F.
Minimum front yard depth shall be 20 feet for all lot sizes.
G.
Minimum side yard depth shall be 20 feet for all lot sizes.
H.
Minimum rear yard depth shall be 20 feet for all lots sizes.
I.
All uses in the RL District shall be subject to site plan review except one- and two-family dwellings.
J.
Exceptions to setbacks:
(1)
A single storage shed, not to exceed 144 square feet in size and one story in height, shall not be permitted to be set within six feet of either the side or rear lot lines.
(2)
Fences shall not be subject to setback regulations, but shall not be higher than four feet in front yard and side yards facing streets (i.e., corner lots).
§ 250-10 RR Recreational Residential District.
A.
The RR Recreational Residential District consists primarily of the Sleepy Hollow Lake development. The principal purpose of this district is for residential use accommodating a recreational lifestyle. As in the preceding Low-Density Residential District, development can be more intense, provided that public sewers and water are available.
E.
Maximum height of buildings shall be 30 feet. No accessory building height shall exceed 21 feet.
F.
Minimum front yard depth shall be 20 feet for all lot sizes.
H.
Minimum rear yard depth shall be 20 feet for all lot sizes.
I.
All uses in the RR District shall be subject to site plan review, pursuant to § 250-34, except for one- and two-family dwellings.
J.
Exceptions to setbacks.
(1)
A single storage shed, not to exceed 144 square feet in size and one story in height, shall not be permitted to be set within six feet of either the side or rear lot lines.
(2)
Fences shall not be subject to setback regulations but shall not be higher than four feet in the front yard and side yards facing streets (i.e., corner lots).
§ 250-11 RM Medium-Density Residential District.
A.
Most of the RM Medium-Density Residential District is residential at this time and is provided with public sewers and water; therefore, a higher intensity of development is warranted.
C.
Uses requiring a special use permit, pursuant to § 250-32, shall be as follows:
(1)
Multiple-family dwelling.
(2)
Townhouse dwelling.
(3)
Professional office.
(4)
Nursing home.
(5)
Senior housing.
(6)
Assisted living facility.
(7)
Group care facility.
(8)
Hospice.
(9)
Home occupation, major.
(10)
Bed-and-breakfast.
(11)
School.
(12)
Cultural use facility.
(13)
Religious facility.
(14)
Funeral home.
(15)
Day-care center.
D.
Minimum lot sizes shall be 14,000 square feet.
E.
Width: 100 feet if not served with public sewers and water.
F.
Maximum height of buildings shall be 30 feet. No accessory building height shall exceed 21 feet.
G.
Minimum front yard depth shall be 20 feet.
H.
Minimum side yard depth shall be 10 feet.
I.
Minimum rear yard depth shall be 20 feet.
J.
All uses in the RM District shall be subject to site plan review, pursuant to § 250-34, except for one- and two-family dwellings.
K.
Exceptions to setbacks.
(1)
A single storage shed, not to exceed 144 square feet in size and one story in height, shall not be permitted to be set within six feet of either the side or rear lot lines.
(2)
Fences shall not be subject to setback regulations but shall not be higher than four feet in the front yard and side yards facing streets (i.e., corner lots).
§ 250-12 CR Commercial Residential District.
A.
The CR Commercial Residential District contains the highest density residential uses in the Village and, as part of the central area of the Village, should be developed into neighborhood-type businesses, apartments, townhouses and professional buildings. One of the purposes of this district is to encourage growth in areas that already have been developed to reduce the scattered development in the more open parts of the Village.
B.
Permitted uses shall be as follows:
(1)
Single-family dwelling.
(2)
Two-family dwelling.
(3)
Mixed-use structure.
(4)
Office, professional or business.
(5)
Retail store and shop.
(6)
Restaurant, no drive through.
(7)
Bank, savings and loan institution and credit union.
(8)
Bed-and-breakfast.
(9)
Service business.
(10)
Home occupation, low-impact.
(11)
Cultural use facility.
(12)
Recreation, indoor.
(13)
Day-care center.
E.
Maximum height of buildings shall be 35 feet, except in the case of replacement in-kind of an existing building.
F.
Minimum front yard depth shall be none but shall be compatible with surrounding buildings.
G.
Minimum side yard depth shall be none but shall be compatible with surrounding buildings.
H.
Minimum rear yard depth shall be none but shall be compatible with surrounding buildings.
I.
All uses in the CR District shall be subject to site plan review, pursuant to § 250-34, except for one- and two-family dwellings.
J.
Exceptions to setbacks:
(1)
A single storage shed, not to exceed 144 square feet in size and one story in height, shall not be permitted to be set within six feet of either the side or rear lot lines.
(2)
Fences shall not be subject to setback regulations but shall not be higher than four feet in the front yard and side yards facing streets (i.e., corner lots).
§ 250-13 C Commercial District.
A.
The purpose of this district is to cluster the commercial enterprises where such uses currently exist and to provide a more convenient, prosperous location for such uses adjacent to the commercial hub that exists in the Commercial Residential District.
B.
Permitted uses shall be as follows:
(1)
Office, professional and business.
(2)
Retail store and shop.
(3)
Restaurant, no drive through.
(4)
Bank, savings and loan institution and credit union.
(5)
Single-family dwelling.
(6)
Two-family dwelling.
(7)
Home occupation, low-impact.
(8)
Home occupation, major.
(9)
Service business.
(10)
Artisan business.
(11)
Recreational use, indoor.
E.
Maximum height of buildings shall be 35 feet.
F.
Minimum front yard depth shall be none but must be compatible with surrounding buildings.
G.
Minimum side yard depth shall be 15 feet.
H.
Minimum rear yard depth shall be 15 feet.
I.
All uses in the C District shall be subject to site plan review, pursuant to § 250-34, except for one- and two-family dwellings.
J.
Exceptions to setbacks.
(1)
A single storage shed, not to exceed 144 square feet in size and one story in height, shall not be permitted to be set within six feet of either the side or rear lot lines.
(2)
Fences shall not be subject to setback regulations but shall not be higher than four feet in the front yard and side yards facing streets (i.e., corner lots).
(3)
Parking may be allowed by the Planning Board in any setback area, provided a three-foot wide vegetated buffer is established to screen the parking from adjacent uses and the street.
§ 250-14 MU/W Mixed Use/Waterfront District.
[Amended 3-24-2021 by L.L. No. 2-2021]
A.
The MU/W District, adjacent to the Commercial District, provides for the continuation of commercial and industrial activities in areas already containing this type of activity and provides for expanded residential or commercial water-enhanced uses consistent with the Local Waterfront Revitalization Program for the Village of Athens. Proximity to Route No. 385 and the Hudson River make these districts amenable to future growth. Uses which require a waterfront location shall be encouraged.
B.
Permitted uses shall be as follows:
(1)
No uses in the MU/W District are permitted by right; all require site plan and special use approvals by the Planning Board.
C.
(1)
Retail store and shop, oriented to and/or supportive of water-related activities and designed primarily to serve the needs of pedestrian and marine visitors to the riverfront.
(2)
Office, professional and business.
(3)
Service business oriented to and/or supportive of water-related activities.
(4)
Hotel.
(5)
Restaurant, no drive-through.
(6)
Research and development facility.
(7)
Wholesale business.
(8)
Townhouse dwelling.
(9)
Multiple-family dwelling.
(10)
Mixed-use structure.
(11)
Arts and education.
(12)
Light industry.
E.
All uses in the MU/W District shall provide for some form of water-related recreation use as an accessory use on the site.
G.
Maximum height of buildings shall be 35 feet.
H.
Minimum front yard depth shall be 25 feet.
I.
Minimum side yard depth shall be 25 feet.
J.
Minimum rear yard depth shall be 25 feet from the mean high waterline of the Hudson River.
L.
Performance standards. No land or building in any MU/W District shall be used or occupied in such manner as to create any dangerous, injurious, noxious or other hazard due to odor, fire, noise, explosion, vibration, smoke, dust or other form of air pollution, glare, electrical or other disturbance. The determination of potentially dangerous or objectionable elements shall be made at locations as follows:
M.
For the uses permitted in the MU/W District, the Planning Board shall determine, in addition to the standards set forth for review of special use permits, in its judgment that:
(1)
It shall not have a negative impact on the public health, safety and general welfare.
(2)
It is appropriately located and served with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.
(3)
Adequate off-street parking spaces are provided to handle the proposed use or uses.
(4)
The neighborhood character and surrounding property values are reasonably safeguarded.
(5)
The use will not cause traffic congestion or create a traffic hazard.
(6)
Adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwater, prevent erosion and dust is provided.
(7)
Proper design and arrangement of signs and lighting devices with respect to traffic control and adjacent neighborhoods is provided.
(8)
Adequate screen planting, fencing or walls to shield adjacent residential districts from business structures and uses is provided.
(9)
Other conditions of this chapter are satisfied.
(10)
Views to the water should be protected to the maximum extent whenever possible.
N.
Site design. The Village of Athens is looking for an attractive, well-planned, distinct riverfront development which serves to strengthen the Hudson River waterfront community image. Development plans shall incorporate traditional patterns and layout provision for walking areas and alleyways. In determining the placement of structures on the site, the Planning Board shall consider the protection and preservation of unique and sensitive environmental and historic features, the maintenance of the general character of the shoreline, scenic views and vistas, and the specific goals established for this district.
§ 250-15 W Waterfront District.
A.
The Waterfront (W) District is established to give preference on the Hudson River shore to those uses which are dependent upon or are enhanced by a waterfront location, to preserve the Village's small harbor identity, to protect views to the water from public streets, to preserve and enhance the scenic character of the waterfront as seen from the Hudson River, to retain public access to the waterfront, to prevent damage to property and to implement other policies and purposes of the approved Local Waterfront Revitalization Program.
B.
Permitted uses shall be as follows:
(1)
Recreation, outdoor requiring or enhanced by a waterfront location, such as boat slips and launches, fishing piers and swimming facilities, which provide nondiscriminating access to members of the public.
(2)
Cultural use facility which by its nature requires access to the water.
(3)
Research and development facility which by its nature requires access to the water.
C.
(1)
Commercial use which requires or would be enhanced by water transportation for transfer of goods or products or designed to serve the needs of the pedestrian and marine visitors to the riverfront.
(2)
Restaurant with river access/service.
(3)
Marina and related use which conditions use of the facility upon membership on a nondiscriminatory basis. Support facilities necessary for successful functioning, for example, parking areas, snack bars, first-aid stations and short-term storage facilities shall be sited inland of the principal use, to the extent possible.
(4)
Other water dependent use, including, but not limited to, boat rental facility, tour boat operation, and ferry.
D.
Accessory uses. The following accessory uses are permitted in the W District, provided they are incidental to a permitted or specially permitted use:
(1)
Home occupation, low-impact.
(2)
Storage structures for nonresidential uses (i.e., rental boat storage), not to exceed a height of 20 feet, which shall be screened from view by neighboring properties and water bodies through the use of vegetation, fencing or berming, or any combination thereof.
(3)
Sheds, private garages, or other normal residential accessory structures, provided that they are not located on the side of the property that fronts on the Hudson River.
G.
Maximum height of buildings shall be 25 feet.
H.
Minimum front yard depth shall be 10 feet.
I.
Minimum side yard depth shall be 25 feet.
J.
Minimum rear yard depth shall be 25 feet from the mean high waterline of the Hudson River.
K.
Maximum lot coverage. All buildings, parking areas and other impervious surfaces shall not exceed 75% of lot coverage.
L.
Width of all structures on a lot, including fences or walls over 48 inches high, shall not exceed 50% of the lot width as measured parallel to the Hudson River. Structures requiring a waterside location will be the minimum size that will accomplish the intended function.
M.
Exceptions to setbacks:
(1)
A single storage shed, not to exceed 144 square feet in size and one story in height, shall not be permitted to be set within six feet of the side lot lines.
(2)
Fences shall not be subject to setback but shall not be higher than four feet in the front yard and side yards facing streets (i.e., corner lots).
N.
In determining the placement of structures on the site, the Planning Board shall consider the protection and preservation of unique and sensitive environmental and historic features, the maintenance of the general character of the shoreline, scenic views and vistas, and the specific goals established for this district.
O.
Siting and design. Development proposed within these districts must afford a priority to waterfront compatible, well-designed uses, achieve public access to the coastal area, and create a distinct waterfront district which serves to enhance Athens' waterfront community image. Further, development proposed must provide opportunities for permanent public views and visual access to the Hudson River. Development must also be designed to protect, preserve, and enhance sensitive environmental areas, prevent soil erosion, sedimentation, and slope failure; prevent, to the maximum extent possible, the loss, alteration or diminution of public views of the Hudson River and opposite shore; prevent activities which will cause water and air pollution; and ensure that the proposed development will provide future generations with a continuation of those elements and resources of the Village that serve to create a distinct community character and strong sense of place for its residents. Development within this district must also serve to encourage an economic stimulus and revitalization of the Village and its Hudson River waterfront by establishing a well-designed, comprehensively planned central focus for the Village's waterfront area and to provide for land uses consistent with the Village of Athens Local Waterfront Revitalization Program, including residential and waterfront commercial uses, to serve as a catalyst for the economic and physical revitalization of the entire Village core area. Further, any proposed development within this district must provide for and increase pedestrian public access to, and the potential for enjoyment of, the waterfront and must integrate that access with existing and anticipated pedestrian public access opportunities on adjacent public lands. The following siting and design standards will be incorporated into the project:
(1)
Siting structures and other development, such as highways, power lines and signs, back from shorelines or in other inconspicuous locations to maintain the attractive quality of the shoreline and to retain views to and from the shore.
(2)
Clustering or orienting structures to retain views, save open space and provide visual organization to a development. The land shall be developed in such a way as to maximize views to the Hudson River, with design elements such as taller building heights further away from the Hudson River, view opportunities at the river's edge and view corridors throughout the development. Site layout and design shall consider view corridors identified in the Village of Athens Local Waterfront Revitalization Program (LWRP) and shall also consider the importance of views of the Village from the Hudson River toward the shore. Important views should be protected and enhanced to the maximum extent practical.
(3)
Consider important views from the Hudson River toward the shore.
(4)
Removing deteriorated and/or degrading elements.
(5)
Maintaining or adding vegetation to provide interest, encourage the presence of wildlife, blend structures into the site, and obscure unattractive elements, except when selective clearing removes unsightly or diseased vegetation or creates views of coastal waters.
(6)
Using appropriate materials, in addition to vegetation, to screen unattractive elements. Using appropriate scale, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape.
(7)
Attractive, well-planned development is envisioned as enhancing the Hudson River waterfront community image. Development plans should incorporate traditional patterns and layout with strong provisions for pedestrian uses. This may include provision for Village squares, walking areas and alleyways. Building designs should reflect the historical architectural style of Athens.
(8)
Appropriate architectural scale, form, and material shall be utilized to ensure that buildings and structures are compatible with and add interest to the landscape. More specifically, the design of all structures is to be compatible with that of the surrounding structures and neighborhoods. Compatibility shall be determined by a review of proposed:
(9)
Buildings shall be designed in consideration of appearance from all vantage points, both within and outside of the district.
(10)
Building lines shall be varied to the extent practical in order to provide an interesting interplay of buildings and open spaces.
(11)
Appurtenances on buildings and auxiliary structures, such as mechanical equipment or water towers, carports, garages, or storage buildings, shall receive architectural treatment consistent with that of principal structures.
(12)
Landscaping, screening, and buffering.
(a)
All sidewalks, open spaces, parking areas, boat storage areas, and other similar service areas shall be landscaped and/or paved in a manner which will harmonize with proposed buildings. Materials for paving, walls, fences, curbs, benches, etc., will be attractive, durable, easily maintained, and compatible with the exterior of adjacent buildings.
(b)
The Planning Board may require buffer landscaping, fencing or screening to separate different types of land uses and to screen utility buildings, refuse collection areas, cooling systems, and other similar installations and features.
(c)
All plants, trees, and shrubs shall be installed in accordance with a planting schedule provided by the developer and approved by the Planning Board. Landscape materials selected shall be appropriate to the growing conditions of the environment of the Waterfront District, this climatic zone, and native species.
(13)
All lighting, signage, traffic and pedestrian access, utility, and parking requirements of this chapter shall also be met.