Village Of Athens City Zoning Code
ARTICLE IV
Supplemental Regulations
§ 250-16 F Special Flood Hazard District.
Development, construction or any activity requiring the issuance of a building permit within the Flood Hazard District must comply with Chapter 158, Flood Damage Prevention, of the Code of the Village of Athens.
§ 250-17 H Historic Districts and landmark structures.
A.
Purpose. The intent of this section is to promote the educational, cultural, economic and general welfare of the public through the protection, enhancement, perpetuation and preservation of the historic districts and other legally recognized designated landmarks.
B.
Boundaries of the historic districts. The historic districts shall be the areas shown and bounded as such on the map entitled "Zoning Map of the Village of Athens" and made part of this chapter. The properties listed in these districts are also listed on the National Register of Historic Places.
(1)
The Village of Athens possesses many buildings, structures and areas of historic, architectural and aesthetic value, all of which contribute to its physical well-being and cultural heritage. These assets provide a sense of identity and place that should be perpetuated, conserved, protected and enhanced as a part of the promotion of the general welfare of the community. The historical architecture of Athens includes a wide variety of styles. These assets tell a valuable story of how a community evolved over 200 years.
(2)
It is hereby declared as a matter of public policy that the protections, enhancement and perpetuation of these historic districts and designated landmarks are intended:
(a)
To promote recognition of the unique identity of the Village of Athens;
(b)
To foster civic pride;
(c)
To protect and enhance the distinctive elements of Athens' historic, architectural and cultural heritage;
(d)
To provide a stimulus for economic development in the area;
(e)
To attract visitors to the area and support revitalization programs;
(f)
To insure the harmonious, orderly and efficient growth and development of the Village;
(g)
To provide future generations an understanding of the history of the Village of Athens;
(h)
To preserve the craftsmanship of our ancestors;
(i)
To educate the general public on historic preservation, its techniques and its role in our community.
C.
Authority. In accordance with § 96-A of the General Municipal Law of the State of New York, entitled "Protection of historical places, buildings and works of art," Article 5-K of the General Municipal Law of the State of New York, entitled "Historic Preservation," the State Historic Preservation Act (L. 1980, c. 354) and the Municipal Home Rule Law of the State of New York, the Village Board of Athens has authority to provide by local law, regulations, special conditions and restrictions intended for the protection, enhancement, perpetuation and the use of places, districts, sites, buildings, structures, works of art and other objects having special character or special historical or other aesthetic interest or value. Pursuant to that authority, the Village Board prepared and adopted this section.
D.
Planning Board role in historic review. The Planning Board will be the agency in charge of all historic district review. The Village Board will create an Historic District Advisory Committee to aid the Planning Board in historic district review and to promote historic preservation. The Planning Board may seek advice from this Committee as needed, provided that such referral and submittal of an advisory opinion takes place within the time frames prescribed in this chapter.
(1)
The powers of the Planning Board will include:
(a)
Adoption of historic guidelines as necessary to carry out the historic review. Before adopting such guidelines the Village Board will hold a public hearing and receive and consider public comment. Once adopted, the historic guidelines will be made available through the Village Clerk's office and to all applicants. Any amendments or changes to the historic guidelines will need to be approved by the Village Board.
(b)
Adoption of criteria for the identification of significant historic, architectural and cultural landmarks and the delineation of historic districts;
(c)
Recommendations to the Village Board, for the designation of identified structures, resources and landmarks, by conducting significant surveys of historical, cultural and architectural landmarks.
(d)
Increasing public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs.
(e)
Review, approval or disapproval of applications for historic district work permits pursuant to the historic guidelines.
(f)
Identification of those structures and areas located within an historic district which are essential components of, or contributory to, the character of the district.
(g)
With approval of the Village Board, retain professional services to assist with any of the powers enumerated above.
(2)
The Planning Board meets once monthly, but meetings may be held at any time on the call of the Chairperson.
(3)
A quorum for the transaction of business shall consist of three of the Planning Board's members, but only a majority of the full-authorized membership may grant or deny an historic district work permit or make a recommendation for a designation.
E.
Historic District Advisory Committee. There is hereby created a committee to be known as the "Village of Athens Historic District Advisory Committee."
(1)
The Committee shall consist of three to five members appointed by the Village Board.
(2)
All members, to the extent available in the Village, shall have demonstrated a significant interest in historic preservation and architecture as evidenced by personal and/or professional involvement, or similar evidence of interest in local history or historic preservation organizations, employment in the field of historic preservation (such as architecture, building trades, or history), and/or education and training in the field of architecture, history, archeology, historic preservation, or related fields. Members shall participate in education and training programs relevant to the responsibilities of the Committee. When possible, a majority of the members shall be a resident and/or property owner in the historic district.
(3)
Members shall serve for a term of five years, except that initially one member shall serve a one-year term, one member shall serve a two-year term, one member shall serve a three-year term, and any additional members shall serve a four-year term. Thereafter, terms shall be staggered.
(4)
The Chairman and Vice Chairman of the Committee shall be elected by and from the members of the Committee.
(5)
The Committee shall be authorized to:
(a)
Advise Village agencies upon rules and regulations as necessary for the conduct of Committee business;
(b)
Suggest criteria consistent with local historic architecture and local laws and codes for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts.
(c)
Formulate historic district guidelines and research on historic paint colors.
(d)
Conduct surveys of historic, architectural, and cultural landmarks and historic districts within the Village in order to establish an inventory of all properties and structures;
(e)
Make recommendations to the Village Board for designation of structures or properties as landmarks and historic districts;
(f)
Develop and participate in public education programs to increase public awareness of the value of historic, cultural and architectural preservation;
(g)
Provide advice and guidance to property owners and Village Boards and committees concerning historic preservation issues;
(h)
Help to coordinate and expedite project review with Village Planning Board, Zoning Board of Appeals, and agencies;
(i)
Make recommendations to the Village Board concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Village;
(j)
Recommend acquisition of a landmark structure by the Village Board when its preservation is essential to the purposes of this act and when private preservation is not feasible;
(k)
Advise any Village agency on historic work permits pursuant to this section.
(6)
The Committee will normally meet monthly, but meetings may be held at any time upon the written request of any two of the Committee members or at the call of the Chairman or the Mayor. Public notice of all meetings shall be in accordance with Village Law and practice.
(7)
When vacancies are such that there are fewer than three members, the Trustees shall designate one or more members from the Planning Board to serve on the Historic Advisory Committee until the Trustees appoint new members of the Committee.
F.
Designation of landmarks and additional historic districts. The Trustees of the Village of Athens shall designate landmarks and create or modify historic districts.
(1)
Upon recommendation of the Planning Board or Historic District Advisory Committee, the Village Board may designate an individual property outside of an historic district as a landmark if it:
(a)
Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation; or
(b)
Is identified with historic personages; or
(c)
Embodies the distinguishing characteristics of an architectural style; or
(d)
Is the work of a designer whose work has significantly influenced an era; or
(e)
Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood; or
(f)
Embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
(g)
Has yielded or may be likely to yield information important in prehistory or history.
(2)
Upon the recommendation of the Planning Board, or Historic District Advisory Committee, the Village Board may designate a group of properties as an historic district if:
(3)
The boundaries of each historic district and/or landmark designated henceforth shall be described, in writing, and depicted on the Official Village Map, and shall be filed in the Village Clerk's office for public inspection.
(4)
The Village Clerk shall send, by registered mail, notice of a proposed landmark designation to the owner of the property proposed for landmark designation, describing the property proposed and announcing a public hearing by the Village Board to consider the designation. The Village Clerk shall send, by registered mail, notice of a proposed historic district designation to all property owners within the proposed district announcing a public hearing by the Village Board to consider the district designation. Notice of the public hearing shall be published in accordance with Village Law and practice at least 15 days prior to the hearing date.
(a)
Once the Village Board has issued notice of a proposed designation, no building permit(s) for a proposed landmark or property in a proposed historic district shall be issued by the Code Enforcement Officer (CEO) until the Village Board has made its decision.
(b)
A decision on the designation of a landmark or historic district shall be made within 42 days of the close of the public hearing.
(5)
The Village Board shall hold a public hearing prior to designation of any landmark or historic district. The Committee, property owners, and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural, or cultural importance of the proposed landmark or historic district. The record may also contain staff reports, public comments, or other evidence, provided the public shall have the opportunity to review and comment on such evidence at the public hearing.
(6)
The Village Board shall forward notice of each property designated as a landmark and of the boundaries of each designated historic district to the office of the Greene County Clerk for recording.
G.
Historic district work permit for alteration, demolition, or new construction. No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of property within an historic district or a landmark structure, nor shall any person make any material change in the exterior appearance of such property or other exterior elements (excluding vegetation) which affects the appearance and cohesiveness of the landmark in the historic district, without first obtaining an historic district work permit from the Planning Board and a building permit from the Code Enforcement Officer.
H.
Criteria for approval of an historic district work permit.
(1)
In reviewing an application for an historic district work permit, the Planning Board shall base its decision on the adopted guidelines and the following principles:
(a)
Contributing properties are properties that have structures built prior to 1960 or which help to define an historic district by making important contributions to the character of the district.
(b)
Noncontributing properties are properties that have structures built after 1960 and which have characteristics which do not help to define or are inconsistent with the character of the district or have been so radically altered that all historic exterior elements have been removed. Contributing properties shall be retained with their historic features altered as little as possible.
(c)
Noncontributing properties can be altered so long as the approved changes do not significantly affect the character of the neighborhood, the structural elements of any building or the ability to restore the structure at a future point in time.
(d)
Changes to interior spaces shall not be considered unless they materially affect the structural integrity of the building as determined by the Code Enforcement Officer.
(2)
When a building or landmark is designated as contributing, the Planning Board shall indicate the reasons for such designation, including reference to the following considerations:
(a)
Architectural design, arrangement features, style, details, texture, materials or craftsmanship of significance.
(b)
Aesthetic value of the building or landmark taken as a whole and its general relationship to the historic and architectural value of surrounding properties and to the historic overlay district as a whole.
(c)
Historic persons, events, development or period with which the building or landmark may have been involved or be important.
(d)
Such other factors identified by the Planning Board as pertinent to the question of contribution.
(3)
The Planning Board shall consider the following factors when reviewing an application for an historic district work permit. The Planning Board may seek an advisory opinion from the Historic District Advisory Committee.
(a)
The general design, character and appropriateness to the property of proposed alteration or new construction;
(b)
The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood;
(c)
Texture, materials and color and their relation to similar features of other properties in the neighborhood;
(d)
Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other opening within the facade, roof shape and the rhythm of spacing of properties on streets, including setbacks;
(e)
The importance of historic, architectural or other features to the significance to the property and to the district;
(f)
New construction shall be compatible with the district in which it is located in terms of general design, mass, scale, height, arrangement on the site, texture, materials and color and the relation of those elements to similar features of other structures in the immediate surroundings;
(g)
Consideration of alternatives to the demolition of contributory structures, including rehabilitation, adaptive reuse, or relocation.
I.
Historic district work permit application procedure.
(1)
Prior to the commencement of any work requiring an historic district work permit, the owner shall file an application for such a permit with the Planning Board.
(2)
An application format shall be developed by the Planning Board. An application for an historic district work permit shall, at a minimum, include:
(a)
Name, address, e-mail address and telephone number of the applicant;
(b)
Location, tax identification number and photographs of the property;
(c)
Elevation drawings of the proposed changes;
(d)
Perspective drawings, including the relationship to adjoining properties, if available;
(e)
Samples of color or materials to be used;
(f)
Where the proposal includes signs or lettering, the applicant shall provide such information as required;
(g)
Any reasonable and necessary information which the Planning Board feels is needed in order to visualize the proposed work;
(h)
For demolition applications: a written description of the structural condition of the building and its adaptability for rehabilitation by a professional structural engineer licensed in New York; all dangerous conditions should be identified; include a copy of any outstanding building code violations cited on the property.
[1]
Applications to demolish existing contributing structures may include:
[a]
One or more color photographs of the building facade that clearly detail the building or landmark subject to demolition.
[b]
A written description of the structural condition of the building and its adaptability for rehabilitation by a professional structural engineer licensed in New York. All dangerous conditions should be identified. Include a copy of any outstanding building code violations cited on the property.
[c]
An itemized breakdown of the feasibility of all possible alternatives to demolition that were considered, and reasons why such alternatives were rejected. Alternatives may include rehabilitation, adaptive reuse, relocation, or sale of the property to another owner willing to preserve it. Include financial data comparing the costs of all alternatives.
[d]
A location map showing the structure proposed to be demolished in relationship to other structures on the parcel and to the property lines.
[e]
Sketch plans and elevations showing all sides of any proposed new structure that will be visible from a public street or sidewalk, including, but not limited to, copies of site plan or subdivision plan.
[2]
Applications to demolish existing noncontributing structures shall include:
[a]
Location and color photographs of the building façade clearly detailing the building or landmark subject to change as a result of approval of the application.
[b]
Sketch plans and elevations showing all sides of any proposed new structure that will be visible from a public street or sidewalk.
[c]
Scale drawings showing the location of the structure proposed to be demolished in relationship to other structures on the parcel and to the property lines.
[d]
Any such additional information, drawings, or photographs as the Planning Board may require.
[e]
The application will not be reviewed until deemed complete by the Planning Board, at which time the applicant will be notified in writing.
(3)
The Planning Board shall approve, deny or approve the permit with modifications within 62 days from the receipt of the completed application. The Planning Board may hold a public hearing on the application at which an opportunity will be provided for public comment.
(4)
All decisions of the Planning Board shall be in writing and shall include the reasons therefor. The Planning Board will notify the applicant of its decision in writing. One copy shall be sent to the Code Enforcement Officer and one copy filed with the Village Clerk's office for public inspection.
(5)
Historic district work permits will be valid as long as the project has not changed. If the project changes, it will be the responsibility of the owner to notify the Planning Board or a stop-work order may be issued by the Code Enforcement Officer.
J.
Criteria for demolition. The applicant shall provide evidence that one or more of the following conditions exists:
(1)
The structure is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible; or
(2)
The structure cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; or
(3)
Efforts to find a purchaser interested in acquiring the property and preserving it have failed; or
(4)
The structure's condition is beyond all reasonable efforts of repair or restoration; or
(5)
The Code Enforcement Officer has determined that the structure is unsafe and must be demolished.
K.
Hardship application procedure.
(1)
After receiving written notification from the Planning Board of the denial of an historic district work permit, an applicant may commence a hardship application procedure. An owner's past neglect shall not be allowed to create the basis for an economic hardship appeal.
(a)
In order to prove the existence of hardship for demolition, the applicant shall establish that:
[1]
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
[2]
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
[3]
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
(b)
In order to prove the existence of hardship for alteration, 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. No building permit or demolition permit shall be issued until the Planning Board makes a determination.
(2)
The Planning Board may hold a public hearing on the hardship application, at which an opportunity will be provided for public comment.
(3)
The applicant shall consult in good faith with the Planning Board, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
(4)
The application may contain the following information and documentation to be considered by the Planning Board. The Planning Board is required to keep one or more of the following documentation confidential if requested by the applicant:
(a)
Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other.
(b)
Any appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property or, if no such appraisal exists, a new appraisal and purposes for which money has/will be expended which the property has been used to secure.
(c)
Any listing of the property within the past two years for sale or rent, price asked and offer received, if any, and sale prices of properties of comparable size and/or color construction in a rehabilitated condition.
(d)
Assessed value of the property according to the most recent assessments and assessment value of comparable property.
(e)
Real property taxes and other governmental surcharges for the previous two years.
(f)
A report from a licensed engineer or architect with demonstrated experience in rehabilitation of historic structures as to the structural soundness of any structures on the property and their suitability for rehabilitation.
(g)
An appraisal of the market value of the property in its current condition, including estimates of market value after completion of the proposed construction, alteration or removal.
(h)
Cost estimates by two different contractors with demonstrated experience in the rehabilitation of historic structures qualified to perform the proposed work as planned and as required.
(i)
In case of proposed demolition, an estimate from a licensed architect or engineer, or developer with demonstrated experience in rehabilitation of historic structures, as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.
(j)
Any other information that may assist the Planning Board in making a determination as to whether the applicant can reasonably afford to comply with the recommendations of the Planning Board.
(5)
All decisions of the Planning Board shall be in writing, and shall be made within 62 days following the conclusion of the public hearing. The decision shall state the reasons for that decision. A copy shall be sent to the applicant by first-class mail, a copy shall be forwarded to both the Code Enforcement Officer and the Village Clerk.
L.
Enforcement. All work performed pursuant to an historic district work permit issued under this section shall conform to any requirements included herein. It shall be the duty of the Code Enforcement Officer to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the historic district work permit, or upon notification of such fact by the Planning Board, the Code Enforcement Officer shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.
M.
Maintenance and repair required. Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or a structure within an historic district, which does not involve a change in design, material, color or outward appearance.
(1)
Nothing in this section shall be construed to prevent the construction, reconstruction, alteration, or demolition of any exterior architectural feature which the Code Enforcement Officer shall determine is required by public safety because of an imminently dangerous or unsafe condition. The Code Enforcement Officer may, in cases of imminent danger, issue a building permit to temporarily abate such danger. The Code Enforcement Officer shall issue such a permit only after making all reasonable efforts to consult with the Planning Board, which may call an emergency meeting if it is deemed necessary.
(2)
No owner or person with an interest in a structure designated as a landmark or included within an historic district shall permit the structure to fall into such a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Planning Board, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.
(3)
The owner, lessee or other person in actual charge of a structure designated as a landmark or included within an historic district shall comply with all applicable codes, laws and regulations governing the maintenance of the property. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of such structures. All such structures shall be preserved against decay and deterioration and shall be kept free from structural defects through prompt corrections of any of such defects.
(4)
Examples of such deterioration include:
(a)
Deterioration of exterior walls, vertical supports, foundations, flooring and floor supports.
(b)
Deterioration of roofs or other horizontal members.
(c)
Deterioration of exterior chimneys.
(d)
Deterioration or crumbling of exterior stucco or mortar.
(e)
Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors.
(f)
Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for public safety.
(g)
Flaking and peeling of painted surfaces over a significant portion of the exterior, or other severely defective exterior wall covering.
N.
Appeals. Any person aggrieved of the decision of the Planning Board relating to hardship or an historic district work permit may, within 31 days of the decision, file a written appeal with the Village Board for review of the decision. Reviews shall be based on the same record that was before the Planning Board. Upon review, the standard of appeal shall be whether the determination of the Planning Board was supported by a rational basis in the record and if so, the determination of the planning Board shall be upheld. In the event that the Village Board shall determine that decision of the Planning Board is not supported by a rational basis in the record, it may refer the matter back to the Planning Board for further proceedings or may approve the applicant with any reasonable conditions thereon which may be related to the potential impacts of the applications.
[Amended 2-13-2019 by L.L. No. 1-2019]
§ 250-17.1 SCO Supplemental Commercial Overlay Zone.
[Added 12-11-2019 by L.L. No. 5-2019]
A.
Purpose. The Village of Athens Board of Trustees recognizes that based upon the Village Comprehensive Plan, the Second Street corridor is essential to the economic viability and growth of the Village. However, recent trends indicate that many of commercial properties and buildings are being converted into residential uses. In order to protect the commercial assets of the Village further regulation of the use of properties which adjoin Second Street is vital.
B.
Supplemental Commercial Overlay Zone established. A Supplemental Commercial Overlay Zone (SCO) shall be and hereby is created. The boundaries of zone shall be defined by the property lines of and shall include, all parcels which have frontage on Second Street from Water Street to Warren Street.
C.
Regulation and uses.
(1)
All current uses, whether permitted as of right or by special use permit, contained in the underlying zone(s) shall continue as such. Additionally, all uses allowed as a permitted use as of right in the current Commercial (C) zone shall also be permitted within the Supplemental Commercial Overlay Zone (SCO) also as a permitted use.
(2)
The first floor of any parcel and or structure currently used as or designated by the Village/Town Assessor's Office as a commercial use may only be continued to be used for commercial purposes as that term is defined in the Village of Athens Zoning Law and shall not be converted to a residential use. Conversion to a residential use shall be defined as: 1) addition of cooking, restroom facilities and sleeping quarters, 2) offering for lease or sale as residential space or 3) use as personal living space. Properties which have been offered for rent or lease as residential or which have been used as a residential living space over the last three years are excluded from this regulation.
(3)
A landowner may apply to the Village Zoning Board of Appeals and obtain for relief from this section upon showing of an undue financial hardship and upon proof of the standards found in § 250-36B(4) of the Village of Athens Zoning Law.
§ 250-18 Parking.
A.
Off-street parking spaces shall be provided in any district in accordance with the specifications in this section whenever any new use is established or an existing use is enlarged. The parking requirements may be waived where it is demonstrated that sufficient public on-street parking is available. Shared parking shall be encouraged wherever parking spaces are required.
B.
The standard size parking space shall be 200 square feet. In addition, for home occupations only, a portion of a driveway measuring 200 square feet, belonging to the structure wherein such use will take place, will be deemed acceptable for the first parking space required.
Use | Parking Spaces Required |
|---|---|
Residential | 2 per dwelling unit |
Lodging | 1 per lodging unit |
Church or school | 1 per 2 seats in principal assembly room |
Professional offices, business services | 1 per every 200 feet of floor space |
Home occupations | |
Retail business and personal service establishments | 1 for every 150 square feet of floor space |
Restaurants | 1 for every 2 seats |
Wholesale, research and development, day care [Amended 3-24-2021 by L.L. No. 2-2021] | 1 for each employee based on the highest expected average employee occupancy |
C.
Within the Waterfront District, off-street parking facilities will be provided as follows:
(1)
At marinas, dedicated parking spaces shall be provided at a minimum rate of 0.6 spaces per slip, plus whatever additional spaces are deemed necessary by the Planning Board for employees and for ancillary activities on the premises.
(2)
Uses not enclosed in a structure: one space for every four persons at the maximum designed capacity of the facility.
(3)
Parking for a use in the Waterfront District may be provided on adjoining lands in adjacent districts on property owned or controlled by the same owner.
D.
These parking spaces may be waived where it is demonstrated that sufficient on-street parking is available.
§ 250-19 Height restrictions.
A.
No building or structure shall have a greater number of stories, nor have an aggregate height of a greater number of feet, than is permitted in the district in which the building or structure is located, as specified in Article III, District Regulations, of this chapter.
B.
Chimneys, communication towers, steeples, barns or silos, water towers or other appurtenances shall not exceed 60 feet in height. No towers shall be used as a place of habitation or for tenant purposes. No sign, nameplate, display or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank or other structure which extends above the height limitation listed in Article III, District Regulations.
C.
Notwithstanding any other requirement or provision of these regulations, no structure located east of Route 385 shall exceed a height of 35 feet in the Mixed Use Waterfront District (MU/W); or 30 feet in the Medium-Density Residential (RM) or Recreational Residential (RR) Districts; or 25 feet in the Open Space/Conservation (OS/C) or) Waterfront (W) Districts.
§ 250-20 Steep slope standards.
A.
Requirements of this section shall apply to all activities resulting in a site disturbance, development, or redevelopment, greater than or equal to 400 square feet gross disturbance. The Planning Board shall ensure that these standards are met prior to approval of any subdivision or site plan. The Code Enforcement Officer shall ensure that these standards are met prior to approval for any building permit.
B.
Any parcel that contains more than 10% of total acreage in slopes 15% or greater shall be considered to contain steep slopes.
C.
Site disturbances for the purpose of noncommercial home gardening and agricultural operations shall be exempt. Quarries, gravel pits, sand pits and shale pits shall be exempt when permitted and regulated under other local, state or federal laws.
D.
No development, grading of the land or stripping of vegetation shall be permitted on slopes of 25% or greater.
E.
Any proposed disturbance for improvements of utility construction in areas of 25% slopes or steeper shall require a variance approval from the ZBA and must demonstrate, via analysis of alternatives, that the utility improvements are necessary in the sloped area and affect the sloped area to the minimum extent possible.
F.
The maximum area of disturbance allowed in slope areas on a parcel having between 20.0% and 24.9% slopes shall be 5%. The maximum disturbance area allowed in slope areas between 15% and 19.9% shall be 15%.
G.
Site design and grading on slopes greater than 15% shall provide the minimum disruption of view corridors and scenic vistas and shall preserve significant natural topographic features, including ridgelines, to the extent that any portion of the ridgeline is within the regulated steep slope area.
H.
No driveway, vehicular access lane, or private road may be constructed that exceeds 10% slope for more than 5% of its total length.
I.
Development in steep slope areas requires the minimum lot size for that district, plus any additional acreage that may be needed to comply with proper engineering requirements.
§ 250-21 Lighting.
Lighting provided on the site to ensure safe movement of persons and vehicles and for security purposes shall conform to the following standards:
A.
All lighting shall be designed and arranged so as to minimize glare and reflection on adjacent properties.
B.
The maximum height of freestanding lights shall not exceed 20 feet.
C.
The source of the lights shall be shielded. Fixtures shall be mounted in such a manner that the cone of light is not directed at any property line of the site.
D.
Any lighting fixture used to illuminate parking areas, access drives or loading areas shall be of such design so as to minimize the amount of ambient lighting perceptible from adjacent properties.
E.
A site lighting plan shall be submitted as part of the application submission for site plan review and special use permits.
F.
Only white or off-white illumination may be used for any light source. This shall not apply to seasonal or holiday lighting.
G.
Hours of lighting may be limited by the Planning Board in acting on any site development plan.
H.
The Planning Board may, as it deems appropriate, require that lighting be controlled by automatic timing devices to extinguish offending sources during specified periods to mitigate glare. The Planning Board may also require that lighting, except for security lighting, be extinguished after hours for businesses that are not in operation during that time. Motion detectors can be considered for security lighting.
I.
Luminance and uniformity. Light levels shall be designed not to exceed the latest recommended levels for outdoor lighting set by the illuminating Engineering Society of North America (IES) for the type of activity/area being lighted, except light levels for ATM machines shall be in accordance with the New York State ATM Safety Act. Where no standard is available from the IES, the applicable standard shall be determined taking into account the levels for the closest IES activity.
§ 250-22 Signs.
A.
General. Signs shall require a permit unless exempted by this section. Signs shall be of such design and construction so as to convey information with clarity and without disruption to the character of the community. Such signs shall conform to the following general design principles:
(1)
The lowest point of any hanging sign in a pedestrian circulation area should be at least 7 1/2 feet above the ground.
(2)
Signs should be a subordinate part of the local landscape. Signs shall be architecturally compatible with the style, composition, colors, materials, and details of the building and should reflect the character of the area.
(3)
Signs should have a minimum of information in order to avoid clutter and confusion.
(4)
Whenever feasible, multiple signs should be combined into one to avoid clutter.
(5)
No sign shall be located so as to project into the public right-of-way or to be a hazard to traffic or pedestrians, to obstruct any door, window, ventilating system or fire escape, or to cause any other hazard to public safety.
(6)
Signs shall not be mounted on roofs or extend above the roof line unless they are mounted on the face parapet wall which extends above the roof line, in which case it cannot extend above the top of the parapet.
(7)
Internally illuminated signs are prohibited.
(8)
No exterior sign shall be illuminated beyond two hours after the close of business and in no event between the hours of 12:00 midnight and 6:00 a.m. unless the premises on which it is located is open for business.
(9)
Any sign not in use shall be removed within six months after cessation of business.
(10)
A noncommercial sign shall not exceed four square feet per side. Total noncommercial signage allowed on any one property shall not exceed eight square feet total.
(11)
Businesses located in corner buildings are permitted to have one sign for each street frontage.
(12)
Businesses with service entrances may identify such entrances with one sign that does not exceed two square feet.
(13)
In addition to other allowed signs, one sandwich sign per business is allowed in the CR, C, and W Districts. The sandwich sign shall not exceed five square feet, but can be made of wood, chalkboard or finished metal, have handwritten or painted letters. Such signs shall not interfere with pedestrian circulation and must be removed at the close of business each day.
(14)
Off-premises directional and advertising signs shall not exceed two square feet and must have approval by the Village Board.
(15)
All signs shall be maintained in good condition.
B.
Freestanding signs. All freestanding signs shall comply with the following standards:
(1)
Only one freestanding sign, which may be double-faced, shall be permitted for the primary frontage of a property on a public street. Not more than one freestanding sign shall be permitted for each business structure regardless of the number of stores or businesses housed therein. Each business located within the parcel may have one additional sign that is building mounted only.
(2)
The maximum height from ground level for freestanding signs shall be 10 feet.
(3)
The maximum size of the sign shall be 16 square feet per side in the RL, RR, RM, and W Districts. The maximum size of the sign in the C and MU/W Districts shall be 24 square feet per side.
(4)
Ground-mounted freestanding signs may be required to have a landscaped base.
C.
Building signs. Signs attached to a building shall conform to the following standards:
(1)
The maximum area of all signs permitted for a building shall be related to the height of the building above finished grade and the length of the wall of the building facing the nearest street. The total maximum face area of all signs shall not exceed X square feet per linear foot of building where:
Building Height | ||||
|---|---|---|---|---|
Under 2 Stories | 2 Stories | Over 2 Stories | ||
X equals: | 0.75 | 1.0 | 1.25 | |
(2)
Where a building fronts on more than one street, the face area of the sign shall not exceed the area calculated based upon the longest side on one street.
(3)
In computing the square foot area allowed, each side of a multifaced sign shall be considered a separate sign.
(4)
Signs shall not project above the highest point along the face of the building.
(5)
Iconic signs, such as barber poles, eye glasses, etc., which are traditional in appearance and size should not extend more than four feet from a building wall, nor occupy a space of more than 15 square feet when viewed from any angle.
(6)
One sign not exceeding four square feet in area may be hung under a roof overhang perpendicular to each storefront.
D.
Exempt signs. The following signs shall be exempt from requirements of this section:
(1)
Memorial or historical signs, names of buildings, and dates of erections when cut or cast into any masonry, bronze, stainless steel or similar permanent material.
(2)
Traffic or other municipal signs.
(3)
Legal notices or such temporary, emergency, or nonadvertising signs.
(4)
Temporary nonilluminated signs on the premises for up to one year for the following purposes:
(a)
Real estate "For Sale" or "For Rent" signs not exceeding six square feet and located on the front wall of the building, or, if freestanding, not nearer than 10 feet to any roadway edge or property line.
(b)
Signs which announce anticipated occupancy of a site or building or identifies the contractors, architects, engineers, etc., on a building or site under construction should not exceed 20 square feet in area. Such sign shall be a minimum of 10 feet from a roadway edge on the subject property.
(5)
Temporary, nonilluminated off-premises directional signs for the convenience of the general public not exceeding two square feet in area.
(6)
Signs or bulletin boards customarily incidental to places of worship, libraries or museums, erected on the premises for purposes of displaying temporary public information notices, not exceeding 15 square feet in area.
(8)
Noncommercial signs do not require a permit so long as they comply with the size limitations in Subsection A(10).
(9)
Existing signs are considered nonconforming signs that shall be allowed to remain until altered. Any alteration to the existing sign requires a permit.
(10)
Temporary signs which are up for no more than 45 days.
(11)
Signs required or governed by county, state or federal law.
(12)
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises not having commercial connotations.
(13)
Flags and insignia of any government, except when displayed in connection with commercial promotion.
(14)
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
E.
Prohibitions. The following features of signs shall be prohibited unless otherwise exempted by the Planning Board:
(1)
Except for holiday seasons, grand openings and other special or temporary events, not to exceed 30 days, no sign shall include or consist of pennants, ribbons, streamers, spinners or other moving, fluttering or revolving devices.
(2)
No sign shall contain flashing or neon lights.
(3)
No revolving, moving or animated signs shall be permitted.
(4)
No permanent sign shall be erected on utility poles, trees or other natural features of the site intended for other uses.
(5)
No advertising billboards shall be allowed. Billboards shall be defined as sign structures for lease or sale for purposes of advertising or announcements.
(6)
No temporary, movable signs, except for holiday seasons, grand openings, and other special events, shall be allowed beyond 45 days.
(7)
No vending machine shall be placed on sidewalks. No signs with neon, mercury vapor, low or high pressure sodium and metal halide lighting shall be permitted. No plastic panel rear-lighted signs or internally lighted signs shall be permitted.
F.
Sign permits and sign administration.
(1)
No sign shall be erected without approval from the Planning Board. An application to erect a sign shall be made to the Planning Board and shall include:
(a)
A scale drawing of the sign showing type of sign;
(b)
Dimensions, advertising content, materials, method and style of illumination;
(c)
Method of structural support;
(d)
Colors;
(e)
Location on the land or building in relation to buildings, roadways, driveways and sidewalks;
(f)
Name of the sign owner and person responsible for maintenance of the sign.
(2)
The Planning Board will accept a hand-drawn illustration of the sign to convey the above information. The Planning Board must act within 62 days of receipt of a completed application and the appropriate fee.
(3)
Upon approval of the sign site plan review, the Code Enforcement Officer shall issue a sign permit.
(4)
Any sign permit application located within the Historic District shall be reviewed by the Planning Board which shall have 30 days to respond to the applicant.
§ 250-23 Stormwater and erosion control.
A.
Prior to approval for any building permit, the Planning Board shall verify compliance with the requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities General Permit (GP 02-01) or as amended.
B.
A stormwater pollution prevention plan (SWPPP) for development in any area disturbing greater than one acre shall be submitted to the Planning Board in connection with any application for a site plan, subdivision proposal, building permit, special use permit or variance.
C.
Any review of a SWPPP or SPDES permit by an engineer or other professional shall be at the expense of the applicant.
D.
Technical standards. For the purpose of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter:
(1)
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual).
(2)
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
§ 250-24 Commercial building design standards.
A.
General. The Village is compact and buildings are relatively close together. These standards are in addition to all requirements of the New York State Uniform Fire Prevention and Building Code. It is not the intent of this section to discourage contemporary architectural expression but rather to preserve the integrity and authenticity of the given zoning district and to ensure the compatibility of new structures within the existing district zoning. The standards established in this section are for the purpose of promoting quality development that is attractive, convenient and compatible with surrounding uses and historic buildings in the Village.
B.
Applicability. These standards apply to all development required to have site plan approval.
C.
Context and compatibility. These standards and guidelines establish an expectation that new structure is similar in context and compatible with existing structures. Context and compatibility with neighborhood structures can be judged by the following major points of comparison:
(1)
Roof shapes, slopes and cornices are consistent with the prevalent types in the area.
(2)
Rhythm of building spacing along the street and overall scale are not interrupted.
(3)
Proportions for facades and window openings are in harmony with the traditional types within the district.
(4)
Materials, textures, and colors are similar, with natural and traditional building materials preferred.
(5)
Site details (porches, entrances, signs, landscaping, lighting, screened parking and mechanical systems) complement traditional examples in the area.
D.
Building placement.
(1)
Buildings shall be designed so that entrance doors and windows, rather than blank walls, garages, side walls or storage areas, face the street. Blank walls for commercial applications are discouraged but may be allowed at the discretion of the Planning Board under certain circumstances such as when the structure is along an alley or when facing another blank wall.
(2)
The front facade of the building shall be parallel to the main street unless traditional orientation of buildings on that street differs for the majority of buildings.
(3)
In the Historic District, parking areas in front of the structure should be discouraged. If permitted, such parking areas shall be encouraged to have a vegetative buffer of sufficient density to screen the parking lot.
(4)
Detached garages to the rear of buildings are encouraged. Front-facing garages shall be located a minimum distance in feet of 60% of the depth of the structure from the corner of the front facade at the garage-side of the principal structure or be side-loaded, if attached.
(5)
Build-to line. Buildings shall define the streetscape through the use of setbacks along the build-to-line for each block. The function of the build-to line is to form a distinct street edge and define the border between the public space of the street and the private space of the individual lot.
E.
Building scale.
(1)
The scale and mass of buildings shall be reviewed by the Planning Board during site plan review and determined to be compatible with that of adjacent and nearby buildings as viewed from the all public vantage points.
(2)
In order to minimize the apparent scale of buildings greater than 40 feet in width, facades facing the main street should be broken by periodic setbacks, facade breaks, and rooflines should include offsets and changes in pitch. Other design features, such as porches or cupolas, window bays, separate entrances and entry treatments, or the use of sections that may project or be recessed may also be used.
F.
Building facades.
(1)
Exterior materials of new construction shall be compatible with those traditionally used in the Village and may include wood or wood-simulated, clapboard, board and batten or shingles, vinyl, red common brick, natural stone, and man-made or processed masonry materials if they simulate brick or stone and have the texture and architectural features sufficiently similar to that of the natural material to be compatible.
(2)
The front facade of the principal structure on any lot shall face onto a public street.
(3)
A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character.
(4)
The front facade shall not be a blank wall.
G.
Roof types and materials.
(1)
All roofs shall be pitched with a minimum pitch of five inches vertical rise for each 12 inches horizontal run and have a roof overhang of traditional proportions on all structures.
(2)
Roofing materials of slate, metal, asphalt or fiberglass shingles or cedar shakes or composites that have the same appearance as these materials are acceptable.
(3)
Porches, roof overhangs, hooded front doors or other similar architectural elements that define the front entrance to all residences are encouraged.
(4)
Multiple buildings within a development shall have a variety of roof overhang profiles, proportioned to replicate a traditional downtown street-front rhythm.
H.
Windows.
(1)
The spacing, pattern and detailing of windows and window openings shall be reviewed by the Planning Board during site plan review and determined to be compatible with adjacent buildings, including historic buildings, where possible.
(2)
The relationship of the width of windows to the height of windows in a building shall be visually compatible with adjacent buildings.
I.
Accessory equipment.
(1)
All roof-, wall- or ground-mounted mechanical equipment, such as heating and air-conditioning units, exhaust fans, etc., shall be confined within the principal structure or within an area enclosed by a well, screen, fence, berm or hedge of sufficient height and density to screen the equipment year round from view from adjacent streets, properties and parking lots. No equipment shall be located in front of a building, and the preferred location is to the rear of the building or alleyway.
(2)
All dumpsters or other trash containers shall be fully enclosed by a fence and screened by appropriate landscaping. No dumpster shall be located in front of a building, and the preferred location is to the rear of the building or alleyway.
§ 250-25 Supplemental regulations for specific uses.
A.
Automobile repair shops and service stations. Repair and servicing of motor vehicles shall take place only within a building or at auto service stations according to the requirements of this chapter, with the exception of personally owned vehicles, towing service, road calls and emergency repairs.
B.
Accessory apartments.
(1)
General. All accessory apartments shall meet the following requirements:
(a)
All applicable minimum setbacks, road frontage and area requirements for the district shall be met.
(b)
Adequate off-street parking must be provided on site in order to accommodate occupation by tenants.
(c)
The design of any proposed alteration to the principal single-family dwelling or any accessory structure in which the accessory apartment is proposed shall conform to the general character and appearance of the principal dwelling and be consistent with the general character of the neighborhood.
(d)
The driveway for ingress and egress to the accessory apartment should utilize the existing driveway for the ingress and egress of the principal single-family dwelling to the maximum extent practicable.
(e)
The design, size, and layout of the accessory apartment shall be consistent with the continual use of the apartment as an accessory use to the principal single-family dwelling on the lot. Such accessory apartment shall not be subdivided from any parcel containing a single-family dwelling for any use.
(f)
Only one accessory apartment shall be allowed in any single-family dwelling and only one accessory apartment shall be allowed on any single-family residential lot.
(2)
When accessory apartment is in single-family dwelling:
(a)
No exterior changes shall be made which will alter or extend the existing foundation of the principal structure.
(b)
The accessory apartment is self-contained, with separate cooking, sleeping and sanitary facilities for use by the occupant(s).
(c)
The accessory apartment shall be a minimum of 320 square feet and a maximum of 800 square feet.
(d)
The accessory apartment shall be limited to two bedrooms.
(e)
The conversion of any existing single-family dwelling to accommodate an accessory apartment is limited to one accessory apartment per principal residence.
(f)
Parking, as required for an accessory apartment/principal residence, shall be a minimum of one space for the accessory apartment and two spaces for the primary dwelling on site and shall be designed and located to be convenient without encroaching on any required yard or setback area.
(g)
The water supply and sanitary system of the accessory apartment shall be connected to water supply and sanitary system of the single-family dwelling.
(h)
Either the accessory apartment or single-family dwelling must be owner-occupied.
(i)
When an existing single-family structure is altered to accommodate an accessory apartment, all construction associated with adaptation of the existing structure shall be performed in a manner that retains and enhances the character of the structure. The design and construction of the adaptation of the accessory structure shall further be compatible with the parent structure on the premises and with the overall character of the neighborhood.
(3)
When accessory apartment is an accessory structure to single-family dwelling:
(a)
The principal dwelling and the accessory apartment are, at the time of construction, on a single lot.
(b)
The accessory apartment is self-contained, with separate cooking, sleeping and sanitary facilities for use by the occupant(s).
(c)
Parking, as required for an accessory apartment/principal residence, shall be a minimum of two spaces per dwelling unit on site and shall be designed and located to be convenient without encroaching on any required yard or setback.
(d)
The total square footage of an accessory apartment shall be a minimum of 320 square feet and a maximum of 800 square feet.
(e)
No accessory apartment shall be housed in a mobile home.
(f)
The accessory apartment shall be connected to the same water supply and/or sanitary system of the single-family dwelling. Any proposed accessory apartment in an accessory structure shall first receive approval from the Department of Health with respect to the on-site water supply and sanitary system to be utilized by the accessory apartment before a building permit is granted.[1]
(g)
Either the accessory apartment or the single-family dwelling must be owner-occupied.
C.
Accessory structures. On a lot devoted to a permitted principal use, customary accessory uses and structures are permitted.
(1)
Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of a principal use, except as permitted hereafter.
(2)
Any accessory building or structure hereafter constructed, erected, placed, structurally altered or enlarged, except as otherwise permitted in this chapter, shall be subject to the following bulk requirements:
(a)
No accessory building or structure shall be permitted within the required front yards, as set forth in each district.
(b)
All accessory buildings or structures shall meet all side and rear setbacks.
(c)
No accessory building or structure in any district shall exceed 1 1/2 stories or 21 feet in height (whichever is less).
(d)
No mobile home or other portable structure or building shall be used as an accessory building or structure, except when used incidentally to and temporarily for construction operations of a principal use; said buildings shall be removed prior to the occupancy of the principal use; provided, however, lawn equipment storage buildings not exceeding 144 square feet in area are permitted. Accessory structures greater than 144 square feet require a building permit.
(e)
Any accessory building which is attached to a principal structure shall be considered as a part of the principal structure and shall be subject to all regulations governing the location of principal structures.
D.
Mobile homes and mobile home parks.
(1)
Mobile homes.
(a)
No new additional or replacement mobile home shall be located within the Village of Athens. New mobile homes shall be allowed only in a mobile home park.
(b)
Remodeling; issuance of permit; inspection; certificate of compliance. Remodeling of existing mobile homes must be approved by the Village of Athens Planning Board. A written description and sketch of intent for the work proposed must be submitted to the Village Clerk.
(c)
Upon receipt of an application for a permit to remodel an existing mobile home, the Village Clerk shall transmit same to the Village Code Enforcement Officer, who shall make an examination of the site and report his findings to the Planning Board. After receipt of such report, the Planning Board shall approve or disapprove the issuance of the permit applied for. Remodeling shall not enlarge the footprint of the mobile home or accessory structures.
[1]
Site dimensions to be maintained for existing mobile homes shall be as follows:
[a]
Front yard depth or setback from the property line: 30 feet.
[b]
Setback where the front property line is not clearly defined: 50 feet from the center of a Village street and 30 feet from a state road right-of-way.
[c]
Back yard depth: 10 feet.
[d]
Side yard width: both sides of mobile home shall have a minimum of 10 feet of side yard.
[2]
Foundation skirting; water lines. All mobile homes shall be supported on masonry pier or foundation in order to protect the structure from ground frost, water and other contingencies and shall have appropriate skirting on sound framing. Heat tapes must be attached to all water lines and have the capacity to keep said lines from freezing to -30° F.
[3]
Sewage disposal. All mobile homes must be connected to Village sewer lines where available. Where service is not available, all systems for disposal of sewage shall conform to all of the requirements of the New York State Department of Health for waste treatment.
(d)
Conditions for occupancy.
[1]
No mobile home shall be occupied and no water service shall be turned on until the Code Enforcement Officer has made final inspections and given written approval.
[2]
Any mobile home that has been unoccupied for a period of 12 months shall be removed from its location by the owner of the property 30 days after notification by the Village Code Enforcement Office.
(e)
Accessory structures. Any accessory structures shall be constructed only with the approval of the Planning Board and shall conform to all setbacks and yard requirements as defined in their respective districts.
(2)
Recreational vehicles.
(a)
Temporary residential use.
[1]
Recreational vehicles may not be used for permanent residential purposes in the Village of Athens. Temporary use permits must be obtained from the Village Clerk annually.
[2]
With a temporary use permit, a recreational vehicle (RV) may be used as a temporary vacation dwelling for a period beginning the Friday before Memorial Day and ending on Columbus Day.
[3]
A recreational vehicle (RV) shall not be connected to Village sewer and water. Metered water and sewer connections are only for full-time residential dwellings.
[4]
The permitted recreational vehicle (RV) must be owned by the owner or the tenant of the property.
[5]
Only one recreational vehicle is allowed per parcel.
[6]
Commercial renting of space for the parking of a recreational vehicle (campgrounds) or renting a recreational vehicle as a temporary vacation dwelling is not permitted in the Village of Athens.
(b)
Conditions for additional temporary use. With a temporary use permit, a recreational vehicle (RV) may be used as a temporary dwelling for not more than six months subject to the following conditions:
(c)
Storage.
[1]
A recreational vehicle (RV) shall not be stored in the Special Flood Hazard Districts (SFP) of the Village of Athens between Columbus Day and the Friday before Memorial Day.
[2]
A stored recreational vehicle (RV) must be licensed and maintained in good mechanical condition. When so stored, no water or electrical connections shall be permitted. Wheels may not be removed from stored units.
[3]
The recreational vehicle (RV) must be owned by the owner or tenant of the parcel.
[4]
The recreational vehicle (RV) shall not be stored or parked in an established front yard and must meet all setback requirements in the district it is in.
[5]
Only one stored recreational vehicle is allowed per parcel.
(3)
Mobile home parks are allowed only in the RL District and shall require approval of a special use permit by the Planning Board. Site plan review is required. All mobile home parks shall meet the following minimum requirements at all times.[4]
(a)
The park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from pools of water.
(b)
Mobile home spaces shall be provided consisting of a minimum of 5,000 square feet for a single-wide unit and 9,700 square feet for a double-wide unit. The maximum number of units per gross acre shall be four. The minimum setback from public highway right-of-way lines shall be 100 feet. The minimum unit separation shall be 50 feet. The minimum lot width for each mobile home shall be 50 feet.
(c)
The minimum size of a mobile home park in the Village of Athens shall be eight acres.
(d)
Space for parking two automobiles must be provided on each mobile home space. One additional space for each four manufactured homes shall be provided within the mobile home park.
(e)
All mobile home spaces shall abut on a driveway not less than 20 feet in width, which shall have unobstructed access to a public street or highway.
(f)
All driveways and walkways within the park shall be of suitable grade and hard-surfaced.
(g)
All driveways and walkways within the park shall be lighted during the hours of darkness.
(h)
All mobile home spaces shall have a patio constructed of water-resistant material, convenient to the entrance of the mobile home, of a minimum size of 180 square feet.
(i)
Methods for supplying water and disposing of sewage shall conform to the requirements of the New York State Department of Health.
(j)
Open space/landscape plantings. All areas of the site, except wetland buffers, stream corridors, steep slopes, or other natural undisturbed areas not occupied by buildings, units, parking areas, driveways or walkways, shall be maintained as lawn area with landscape plantings of trees and shrubs, or as natural areas as follows:
[1]
All margins along the front, side and rear property lines of the manufactured home park site shall be planted with evergreen or deciduous trees in a mass planting or hedgerow, for the purpose of visual screening and noise abatement. Such plantings shall be provided to the extent needed in order to provide for the screening of objectionable views, adequate shade, and suitable settings for the manufactured home and other facilities as approved by the Village of Athens.
[2]
The design of individual sites shall take into consideration the natural growth presently on the site and the nature and condition of the terrain as well as the relationship of the site itself with respect to adjoining lands. Screening and/or landscape plantings for such individual sites shall be provided as deemed necessary by the Village of Athens Planning Board.
(k)
Required recreation area. A recreation area shall be incorporated into the design of the manufactured home park to be a minimum of 500 square feet per manufactured home unit with appropriate facilities to satisfy the needs of the park residents.
(l)
No manufactured home, manufactured home accessory building, manufactured home park office or service building shall be located within 50 feet from any property line encompassing the site unless otherwise determined by the Planning Board that a lesser distance would be sufficient due to topography, existing on-site screening or other circumstance to ensure adequate screening and buffering of adjacent properties.
(m)
Rent/ownership. The land lying wholly within the perimeter boundaries of any proposed or established manufactured home park shall be held in single ownership and shall consist of separately dimensioned, individual lots, collectively held in single ownership and used entirely for rental purposes only.
(n)
Every mobile home in a park shall be under the management of a resident superintendent who shall manage such park from an office located on the premises; there shall be maintained in such office a bound book containing a record of the names of all persons accommodated at the park, including their home addresses and the license number and make of their automobile or other vehicle. Such record shall be available at all times for inspection by the Code Enforcement Officer or police officer. It shall be the duty of the licensee of a park to:
[1]
Provide for the collection and removal of garbage and any other waste material and furnish suitable garbage cans with tight-fitting covers in quantity adequate to permit disposal of garbage and rubbish. The cans shall be kept in a sanitary condition at all times and the garbage and rubbish shall be collected and disposed of at least once a week or as frequently as may be necessary to ensure that the garbage cans do not overflow.
[2]
Prohibit the placing or storage of unsightly material or unregistered vehicles of any kind.
[3]
Provide for the cleaning, painting and repairing of all buildings and structures owned by the licensee.
[4]
Take such other measures as deemed necessary by the Health Officer to preserve the health, comfort and safety of all persons accommodated in the park and of the general public.
[5]
Prevent the committing of any nuisance in the park premises and report immediately to the proper authorities all acts of a disorderly character committed by any person or persons inside the park, and to that end maintain proper policing thereof.
[6]
Report to the Health Officer all cases of suspected communicable diseases affecting any inhabitant of the park.
[7]
Comply with the Greene County Electrical Code with respect to electric wiring and equipment.
[8]
Prevent any addition from being built, erected or maintained in connection with any mobile home other than the usual awning or similar weather-protective structure.
[9]
Provide and keep in good order at all times fire-extinguishing equipment of such type, size and number and so located within the park as to satisfy applicable regulations of the Fire Department. No fires shall be left unattended at any time.
[10]
Provide an electrical outlet of one-hundred-ampere capacity capable of supplying 220 volts at each mobile home space.
E.
Multiple-family dwellings.
(1)
There shall be a minimum dimension of 600 square feet per unit and a maximum of 2,000 square feet per unit.
(2)
All structures containing multiple-family units shall have a minimum roof pitch of 6 over 12.
(3)
Multiple-family structures shall have a clearly defined front yard using landscaping, fencing, hedging, or brick or stone wall, none of which shall exceed four feet in height. Front yards of attached townhouses may be unified into one common yard treated as a single front yard for the entire building.
(4)
All multiple-family structures shall meet the following standards:
(5)
All multiple-family developments shall limit uniformity and monotony by limiting the repetition of colors, materials and architectural details throughout the neighborhood. Buildings should vary in appearance but share a common design style. The front facade shall not be a blank wall.
(6)
Paved off-street parking areas shall be provided as follows:
(a)
On-site pedestrian and vehicle circulation shall be designed to limit traffic hazards.
(b)
Two parking spaces per dwelling unit shall be required.
(c)
Parking and traffic circulation should include appropriate signs and striping to direct traffic on and off site.
(d)
Sidewalks shall be provided, as appropriate, to connect the residential units with parking areas, public streets, recreation areas, and other apartment building(s) and other existing sidewalks if present.
(7)
Buffer areas shall be used to maintain natural areas between multiple-family structures. Buffer strips shall consist of trees, hedges, dense plantings, earth berms, and other changes in grade.
(8)
Landscaping and screening shall conform to the following minimum standards:
(a)
Use of existing vegetation to the greatest extent possible.
(b)
The Planning Board may require a ten-foot wide, landscaped buffer along road frontage designed so as not to obstruct sight distance at road access points.
(c)
Units shall be sited for maximum preservation of mature trees (trees of 12 inches or more in diameter measured at 4 1/2 feet above ground level).
(d)
Clear cutting of the entire site area is prohibited.
(e)
Lighting provided on the site to ensure safe movement of persons and vehicles and for security purposes shall conform to the lighting standards of § 250-21.
(f)
The Planning Board may require that all utilities, exclusive of transformers, be placed underground at the time of initial construction. Required utilities may include water, sewer, storm drainage, telephone, TV cable, electricity, gas, and wiring for streetlights.
(g)
Solid waste and recycling receptacles of adequate capacity shall be provided for the maximum number of residents. Receptacles shall be screened from view by fencing or landscaping and properly emptied to prevent odor and unsanitary conditions. The receptacle shall be designed to prevent loose litter.
(h)
Snow storage areas shall be indicated on the site plan and shall not interfere with required parking or traffic circulation.
G.
Domestic animals. In all districts, animals kept on residential properties, not as part of a farm operation conducted within a New York State certified Agricultural District shall be limited as follows:
(1)
Keeping of domestic animals accessory to a residence in any zoning district shall meet the following acreage requirements:
Animal Type | Minimum Lot Size (acres) | Animal Type Maximum | |
|---|---|---|---|
Horses and mules | 3 | 1 per 1 acre to a maximum of 10 | |
Cattle, llamas and deer | 3 | 1 per 1 acre to a maximum of 10 | |
Fowl and game birds | 1 | 10 per 1 acre to a maximum of 25 | |
Goats, pigs, sheep | 1 | 2 per 1 acre to a maximum of 10 | |
Rabbits | 1 | 10 per 1 acre to a maximum of 25 |
(2)
Pens for such animals shall not exceed 5,000 square feet or 10% of the lot area, whichever is greater.
(3)
Buildings, pens, or other structures housing animals shall be located 20 feet from any lot line and 35 feet from any road or highway. No manure may be stored within 50 feet of any property boundary line or 100 feet from any watercourse.
(4)
All buildings and structures used to store feed or other materials used for the domestic animal use shall be located a minimum of 35 feet from all property lines. A minimum of 100 feet shall be provided between any area or structure used for the storage of animal wastes and wetlands and waterways.
(5)
All domestic animals shall be fenced.
(6)
No animal shall have direct access to a jurisdictional wetland, impoundment, stream, spring or well on the lot.
H.
Bed-and-breakfasts.
(1)
No exterior alterations, other than those mandated by any other codes or regulations to assure safety, shall be made to any existing dwelling for the purpose of operating and conducting a bed-and-breakfast.
(2)
The owner/occupant shall maintain a current guest register, including names, addresses and dates of occupancy of all guests; such register shall be available for inspection by the Code Enforcement Officer.
(3)
Off-street parking shall be provided in accordance with these regulations without unreasonably changing the existing residential character of the lot.
I.
Home occupations, major. Major home occupations shall meet the following:
(1)
Only one major home occupation shall be permitted in a dwelling.
(2)
The major home occupation shall not alter the primary use of the premises as a dwelling and shall be limited to 30% of the floor area of the first floor of the dwelling.
(3)
For major home occupations, the applicant shall identify anticipated average peak weekday vehicle trips generated by the dwelling and the home occupation and shall demonstrate the off-street and on-street parking capacity available to meet this parking need. Off-street parking and loading shall accommodate access and egress of any supply or service vehicles to the home occupation without obstructing traffic.
(4)
For major home occupations only, external signs shall only be attached to the dwelling. External signage shall comply with § 250-22.
(5)
The major home occupation shall not be conducted in a manner that would cause the residential character of the premises and neighborhood to change.
(6)
Exterior evidence of the major home occupation, such as for storage or display of equipment, goods or materials, shall be minimized.
(7)
The Planning Board shall deny any application for a special use permit for a major home occupation which does not clearly comply with all above requirements and which does not demonstrate that peak parking needs can be satisfied without undue impact on the residential character of the street and neighborhood.
§ 250-26 Density bonuses.
A.
Purpose and applicability and incentives.
(1)
Purpose. Pursuant to § 7-703 of the New York State Village Law, the Village of Athens hereby establishes a program to encourage the preservation of open space, to promote environmentally sustainable and energy efficient development, to enhance public access to recreational lands or water bodies, to promote development of housing for senior citizens, and to promote provision of other facilities and amenities that would benefit the Village by providing incentive(s) to applicants seeking approval of a subdivision or site plan. The Planning Board may grant zoning incentives that are in compliance with the Village of Athens Comprehensive Plan and with the provisions of this section.
(2)
Applicability.
(a)
The incentives set forth herein shall be applicable to all zoning districts in the Village for which an application for approval of a subdivision or an application for approval of a site plan pursuant to this chapter except for all lands within the OS/C and Waterfront Districts.
(b)
Where an application seeks both subdivision and site plan approval, the project shall be considered in its entirety and incentives shall not be granted separately for both approvals.
(c)
Incentives shall be granted only when the community benefits or amenities offered would not otherwise be required or likely to result from the applicable planning process before the Planning Board.
(d)
Incentives shall not be granted where the community benefits or amenities offered are already required under other provisions of this chapter or state law, including any mitigation measures required pursuant to the State Environmental Quality Review Act.
(3)
Incentives. Notwithstanding any contrary provision of Village or state law or this chapter that limits or restricts the maximum unit density of a proposed project or subdivision, an applicant may apply for an incentive adjustment to the maximum unit density requirements of this section in exchange for the following benefits. In no case shall the total approved incentives exceed a thirty-percent aggregate increase to the maximum unit density for the proposed project.
(a)
Permanent conservation of natural areas or open spaces. A bonus may be granted for the permanent preservation of open space lands when a subdivision is designed as a cluster or conservation subdivision pursuant to Chapter 205, Subdivision of Land, of the Village Code, up to a fifteen-percent increase to the maximum unit density for the zoning district.
(b)
Cultural, archaeological, historic facilities or other unique features deeded to municipality or qualified not-for-profit agencies. A bonus may be granted for the permanent preservation of a cultural, archaeological or historic resource or facility, up to a fifteen-percent increase to the maximum unit density for the zoning district may be approved.
(c)
Public access or recreational. A bonus may be granted for the creation of public recreational lands or facilities open to the public, public access to streams, access to old railroad beds, access to other open space lands, the provision of fishing rights, or provision of trails and trail linkages, up to a fifteen-percent increase to the maximum unit density for the zoning district may be approved.
(d)
Senior housing. For the provision of housing dedicated for use by senior citizens, up to a thirty-percent increase to the maximum unit density for the zoning district may be approved. The bonus units may be assigned for either senior citizen or non-senior citizen units but shall be distributed proportionately to the ratio of senior to non-senior units. (For example, if 100% of all proposed units are for senior housing, then the applicant may be eligible for a thirty-percent bonus. If 50% of proposed units are proposed for senior citizen occupancy, then the applicant may be eligible for a maximum of a fifteen-percent bonus.)
(e)
Energy efficient and environmentally sustainable (green) structures. A bonus may be granted when projects and structures are designed using LEED certified and other green building technologies, up to a fifteen-percent increase to the maximum unit density for residential development, or adjustments in area requirements for nonresidential development in the zoning district may be approved.
(f)
Where the plat falls within two or more contiguous districts, the Planning Board may approve an incentive development representing the cumulative density as derived from summing of all residential lots allowed in all such districts, together with the incentive density, and may authorize actual construction to take place in all or any portion of one or more such districts.
(g)
Bonus units shall be compatible with the design or use of the remaining units in terms of appearance, materials, and finish quality.
(4)
Procedures and criteria for approval of incentives.
(a)
Authorization of zoning incentives is subject to the approval by the Planning Board prior to the grant of preliminary plat or site plan approval. Applicants may seek nonbinding input from the Planning Board as to whether the proposal is worthy of consideration prior to the preliminary plat or site plan application. The Planning Board may schedule a workshop to discuss the incentive application with the applicant. The intent of the workshop is to share information between the applicant, the Planning Board and interested members of the public. The workshop will not supplant the formal hearing which will be conducted by the Planning Board later in the review process.
(b)
Community benefits may be but is not limited to be accomplished by:
[1]
Use of permanent conservation easements.
[2]
Donations of land in fee simple for conservation and other community benefit purposes.
[3]
Construction of amenities, serving a Village-wide need, accessible to the general public, above and beyond that required to mitigate proposed impacts in accordance with SEQRA and the Village law.
[4]
Construction or improvement to public works above and beyond that required to mitigate proposed impacts in accordance with SEQRA and the Village Law.
(c)
Applications for incentives in exchange for amenities shall be submitted to the Planning Board. In order to preliminarily evaluate the adequacy of amenities to be accepted in exchange for the requested incentive, the following information shall be given by the applicant:
[1]
The requested incentive.
[2]
The proposed amenity.
[3]
The incremental cash cost of the proposed amenity.
[4]
A narrative which describes the benefits to be provided to the community by the proposed amenity.
[5]
A narrative which describes the method and adequacy of sewer, water, transportation, waste disposal and emergency service protection facilities in the zoning districts in which the proposal is located to handle the additional demands the incentive and amenity, if it is an on-site amenity, may place on these facilities beyond the demand that would be placed on them as if the district were developed to its fullest potential.
[6]
A narrative that explains how the amenity helps implement the physical, social or cultural policies of the Village of Athens Comprehensive Plan.
(d)
The Planning Board may engage a consultant to assist in review of the application, the cost of which will be borne by the applicant pursuant to § 250-35.
(e)
Compliance with SEQRA. All applicable requirements of the State Environmental Quality Review Act shall be complied with as part of the review and hearing process.
[1]
Every decision by the Planning Board concerning an application for use of incentive zoning on a particular project will fully comply with the provisions of SEQRA.
[2]
The applicant will submit an environmental assessment form, Part 1, to the Planning Board.
[3]
The Planning Board will establish itself as SEQRA lead agency for all applications submitted pursuant to this section.
(f)
The Planning Board shall, before taking action, refer the proposal for review and comment to the Village Board and other governmental agencies as may be required and may refer the proposal to other boards and officials in the Village for review and comment.
(g)
Within 45 days of the close of the public hearing and upon completion of the SEQRA process, the Planning Board will approve, approve with modifications or conditions, or deny the proposed incentive zoning application. A written statement of the findings will be prepared by the Planning Board documenting the basis of its decision. The findings will include, but not be limited, to the following:
[1]
That the proposed adjustments would not have a significant adverse impact on the property, or to adjoining property, or to the neighborhood in which the property is situated.
[2]
That proper easements, surety or performance guarantees, if necessary, between the applicant and the Village is or will be in existence as of the date the final plat map is signed by the Chairman of the Planning Board.
[3]
That the necessary water and septic requirements can be met with the proposed density adjustments.
[4]
That the proposed amenity provides sufficient public benefit to provide the requested incentive.
[5]
SEQRA. That all requirements of SEQRA have been met, including the required findings under that law.
[6]
Development capacity. That the proposed project, including the incentive, can be adequately supported by the public facilities available or provided as a result of the project, including, but not limited to, sewer, water, transportation, waste disposal and fire protection, without reducing the availability of such facilities for projects permitted as of right under this chapter.
[7]
Public benefit. That the public benefit realized by the amenity provided by the applicant is commensurate with the incentive granted by the Planning Board.
[8]
Project quality. That the project is in harmony with the purpose and intent of this chapter and with the stated objectives and will promote the purposes herein, that the project is sufficiently advantageous to render it appropriate for grant of an incentive and that the project will add to the long-term assets of the Village of Athens.
[9]
Comprehensive Plan. That the use of an incentive for the particular project is consistent with the Comprehensive Plan.
(h)
The Planning Board may impose conditions on a project to ensure that the above findings are ensured through the subsequent plan review and construction phases of the project.
(i)
In no circumstances shall the Planning Board be compelled to approve any amenity/incentive proposal and it may deny any such proposal.
B.
Referral process.
(1)
Should the Planning Board make a preliminary determination to recommend issuance of an incentive, within 62 days of receipt of the application for the incentive, it shall refer the application to the Village Board for comment. The Planning Board's referral to the Village Board shall include a report with the following information:
(a)
An evaluation of how the incentive would benefit the site and how increased density relates to adjacent uses and structures. The Planning Board shall assess whether such benefits would not otherwise result as provided in the provisions of the Village's laws. (This evaluation is not intended to serve as a site plan or subdivision review, which would otherwise occur after a final decision of the Planning Board on the incentive application.)
(b)
A SEQRA determination as to whether the proposal will have a significant impact on the environment.
(c)
An assessment that there are adequate resources, sewer, water, transportation, waste disposal, and emergency service facilities to serve the proposed incentive development and that such development will not substantially and deleteriously impact upon the development prerogatives of neighboring lands pursuant to local law.
(2)
The Village Board shall review the application and report and, within 30 days of their receipt, transmit advisory comments and any suggested modifications to the Planning Board for its consideration.
(3)
If after receiving the advisory comments from the Village Board on the application, the Planning Board decides to further consider the application for incentives, a public hearing shall be held. The public hearing related to the incentive application may be combined with any public hearing the Planning Board holds pursuant to SEQRA or any other state or local law. At least five days’ notice (14 days if a draft environmental impact statement or supplemental environmental impact statement is required) of the time and place of a hearing will be published in an official newspaper of the Village.