Village Of Saugerties
City Zoning Code
City Zoning Code
ARTICLE VI
Supplementary Regulations on Use
§ 210-14 Number of principal buildings per lot.
There shall be only one principal residential building per lot in Districts A, R-1, R-1W and R-2.
§ 210-15 Performance standards.
The following standards shall apply to the performance of all activities in any district:
A.
Vibration. No vibration shall be discernible at or beyond the property line.
B.
Smoke. No visible gray smoke shall be emitted of a shade equal to or darker than number 2 on the Ringelmann Chart, measured at the point of emission.
C.
Odors. No offensive odor shall be noticeable at the lot line or beyond.
D.
Fly ash, dust. No emission of fly ash or dust shall be permitted which can cause any damage to health, animal or vegetables or other forms of property or any excessive soiling.
E.
Glare. No direct or sky reflected glare shall be visible at the lot line or beyond.
F.
Liquid or solid wastes. No discharge into any present or future disposal system, public or private, or streams, or into the ground, of any materials of such nature or temperature as to contaminate groundwater supply, local watercourses or sewage treatment facilities shall be permitted.
G.
Radioactivity. No activities which emit dangerous radioactivity at any point, as covered by federal government standards, shall be permitted.
H.
Noise. No continuous hum, intermittent noise or noise with any noticeable shrillness of a volume of more than 50 decibels measured at lot lines shall be permitted.
I.
Fire and explosive hazard. No process or storage of material in such manner as to create undue hazard by reason of fire or explosion shall be permitted.
J.
Storage. No material shall be stored either indoors or outdoors in a manner that facilitates the breeding of vermin.
K.
Static. Electrical operations shall not be permitted that create disturbances to radio and/or television reception in the Village.
L.
Fumes. No toxic or hazardous fumes shall be emitted beyond fully enclosed structures designed to contain and mitigate such fumes.
§ 210-16 Home occupations.
Home occupations, as defined in § 210-8, shall be subject to the following regulations and standards, where permitted as accessory uses:
A.
Permitted home occupations. The following occupations are typical of those which can be conducted within the standards set forth in Subsection D below and qualify as permitted home occupations:
(1)
Dressmakers, milliners, tailors.
(2)
Ministers, rabbis, priests.
(3)
Music or dance teachers, tutors; provided that instruction shall be limited to two pupils at one time.
(4)
Artists, sculptors or authors.
(5)
Physicians, dentists, or other licensed medical practitioners.
(6)
Lawyers, architects, engineers, realtors, insurance agents, sales representatives and members of similar professions.
B.
Prohibited occupations. The following uses are of a character that is generally not compatible with a residential area and shall be prohibited as home occupations:
C.
Occupations requiring a special permit. The following uses are of such a character that an individual finding must be made, in each case, to determine if they are compatible with the objectives of this chapter and conform to the standards set forth in Subsection D below. Therefore, prior to the establishment of such use, an application for a special permit must be made and approved in accord with § 210-58.
D.
Standards applying to home occupations. Home occupations are permitted accessory uses only if the following standards are observed:
(1)
There shall be no indication of the home occupation from the exterior of the building, except for a sign in accord with § 210-18B, and no modification of the structure shall alter its residential character.
(2)
A home occupation shall be conducted only within the principal building on the lot or a permitted accessory structure.
(3)
The floor area designed for and allotted to the home occupation shall not exceed 30% of the total floor area of the dwelling unit.
(4)
No more than one person who is not a resident of the dwelling unit shall be employed in the home occupation.
(5)
No materials or equipment used in the home occupation shall be stored or displayed outside the dwelling unit.
(6)
At least one but no more than three off-street parking spaces shall be provided for a home occupation, in addition to those required for the principal residential use. Such space may be provided in the driveway but not elsewhere in any required front yard.
(7)
No commercial vehicle shall be used in connection with the home occupation or parked on the property.
(8)
The home occupation shall not result in traffic, noise, vibration, odor, smoke, glare or electrical interference beyond that normally generated by permitted uses in the same zoning district.
§ 210-17 Residential uses in commercial buildings in B-1 District.
[Amended 3-16-2015 by L.L. No. 1-2015]
Dwelling units are permitted in structures housing commercial uses, subject to the following conditions:
A.
Location. Residential uses may be located in a building housing a principal commercial use. However, such residence may not be located in a ground floor area originally designed for or occupied by a commercial use, or on the floor below a nonresidential use.
B.
Access. No apartment shall have access from or through another apartment or a nonresidential use.
C.
Off-street parking. One off-street parking space shall be provided for the first residential unit in a structure and one space for every two additional units in the same structure. Such parking spaces may be on the same lot as the apartments or on another lot within 400 feet of walking distance. If located on another lot, evidence that such parking space will be available as long as the unit exists shall be presented prior to the issuance of a certificate of occupancy.
D.
All applicable lot and bulk requirements for each use shall be satisfied.
§ 210-17.1 Residential uses in commercial buildings in BR District.
[Added 3-16-2015 by L.L. No. 1-2015]
Dwelling units are permitted in structures housing commercial uses, subject to the following conditions:
A.
Location. Residential uses may be located in a building housing principal commercial use including ground floor area originally designed for or occupied by a commercial use.
B.
Access. No apartment shall have access from or through another apartment or a nonresidential use.
C.
All applicable lot and bulk requirements for each use shall be satisfied.
§ 210-18 Sign regulations.
All signs hereafter constructed, erected, painted or otherwise established, moved, altered or changed within the limits of the Village of Saugerties shall comply with the following regulations:
A.
Required permits and procedures.[1]
(1)
Sign permits. Signs shall not hereafter be erected, structurally altered, enlarged or relocated within the Village except as specifically exempted below, unless a permit has been obtained from the Building Inspector. Such permit shall only be issued following submission, review and approval of an application in accordance with the requirements set forth below, and payment of the required fee in accord with the schedule established by the Village Board.
(2)
Application and review. Application for a sign permit shall be made on a form designed for that purpose and provided by the Building Inspector and shall include:
(a)
A scale drawing of the sign which shows content, and proposed location of the sign.
(b)
A drawing, with appropriate notes, describing the construction of the sign and, where appropriate, the method of attachment to the building.
(c)
A description or sample of the predominant material of which the proposed sign will be made.
(d)
A description of the proposed method, if any, of sign illumination.
(3)
The Building Inspector shall review all sign applications and approve, disapprove, or approve with modifications the permit therefor within 30 days of receipt of the application.
[1]
Editor's Note: For additional criteria for approval of a certificate of appropriateness for signs in historic districts, see § 210-20E(2).
B.
Exemptions to sign permit requirements. The following signs do not require a permit:
(1)
Memorial plaques, cornerstones, historical tablets and the like.
(2)
Signs not visible from beyond the lot upon which they are situated.
(3)
Business or professional nameplates of a permitted use affixed to a building which do not, in total, exceed an area of four square feet.
(4)
Identification signs posted in conjunction with doorbells or mailboxes, not exceeding a total of 30 square inches in surface area.
(5)
Not more than one address sign, with a surface area of two square feet or less, per street frontage which indicates the numerical address (in numbers or script) of the premises on which is situated and the name of the occupant.
(6)
One temporary sign per street frontage advertising the sale, lease, or rental of the premises upon which it is located which shall not exceed six square feet and, if freestanding, not be located nearer than 15 feet to a street or property line. Should such sign be in place for longer than 90 days, it shall no longer be exempt from the requirement for a sign permit or any other applicable requirement of these regulations.
(7)
Cautionary, directional, regulatory, warning or informational signs of a noncommercial nature which are in the public interest such as but not limited to "danger," "no trespassing," "exit," "entrance," "parking," "one-way," "no entrance," etc. Such signs shall not exceed two square feet each.
C.
General regulations and restrictions. The following general regulations and restrictions shall apply in all districts:
(1)
Advertising signs, including the type commonly known as "billboards," are not permitted in any district.
(2)
Standard methods of constant illumination shall be permitted on any sign provided that the illumination shall be concentrated upon the area of the sign so as to prevent direct glare upon the street or adjacent property.
(3)
Except for clocks and customary time-and-temperature devices, no sign shall contain intermittent, moving or flashing illumination.
(4)
Signs with visible moving, revolving or rotating parts are prohibited.
(5)
No sign shall be erected in such a manner as to obstruct free and clear vision for drivers; interfere with, mislead or confuse traffic; or be located where, by reason of its position, shape or color such sign may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device by making use of the words STOP, LOOK, DANGER or any other work, phrase, symbol or character, or red, green or amber illumination or reflection.
(6)
Temporary signs. The erection, installation or maintenance of the following temporary signs, as defined herein, is subject to the following conditions and, where permitted, to the issuance of a temporary permit by the Building Inspector.
(a)
Mobile signs, whether or not on wheels, are prohibited in any district.
(b)
Temporary sign, not exceeding 15 square feet in area which is erected by a municipal, charitable, political or nonprofit organization is permitted for a period not to exceed 30 days.
(c)
A single temporary sign, not exceeding 32 square feet in area, which announces anticipated occupancy of a site or building or identifies the contractors, architects, engineers, etc., on a building under construction is permitted for a period not to exceed six months.
(7)
Signs made of cardboard, paper, canvas or similar impermanent materials may not be placed on the exterior of any building.
D.
Regulation of signs in residential districts. In addition to those signs listed in Subsection B above, which are exempt from these regulations, the following signs are permitted in residential districts:
(1)
Announcement signs. An announcement sign of a club, lodge, religious institution, school, or similar permitted semipublic use, no greater than eight square feet in area, shall be permitted on the premises upon which it stands. Such a sign may be illuminated provided that such lighting is not of intermittent or varying intensity such as to produce a direct glare beyond the limits of the property line. Such sign may be affixed to the structure or may be freestanding in accord with the provisions of Subsection D(2) below.
(2)
Freestanding signs. One freestanding sign shall be allowed for a residence district, excluding home occupations, subject to the following requirements:
(a)
Such sign shall only indicate the name and profession, business or other title of the permitted use on the same property.
(b)
The principal building housing the use to which the sign pertains shall be set back at least 25 feet from the street line.
(c)
The freestanding sign shall not exceed an area of 10 square feet; no part of such sign shall be higher than eight feet above grade; and such sign shall be set back at least five feet from any property line.
E.
Regulation of signs in business and industrial districts. Signs in business and industrial districts are permitted, provided such signs or lettering contain only the name or names of the lawful owners or occupants, or their trademarks, and shall identify only the business, profession, general goods or services conducted or dispensed on the premises. Such signs shall also comply with the following regulations.
(1)
Wall signs.
(a)
One wall sign shall be permitted on each wall for each nonresidential use in a structure.
(b)
Wall signs shall not project more than 12 inches from the wall to which they are affixed.
(c)
Wall signs shall not extend above or beyond the face of the wall in any direction and shall not extend above the bottom of the sill of second story windows or 15 feet above grade level.
(d)
In business districts (B-1 and B-2) the aggregate area, in square feet, of all signs on any wall shall not be greater than twice the length, in feet, of such wall.
(e)
In industrial districts the aggregate area, in square feet, of all signs on any wall shall not exceed the length, in feet, of such wall.
(2)
Projecting signs.
(a)
Each establishment in a business district shall be permitted one projecting sign for each frontage on a public right-of-way. No more than one such sign may be located on each frontage.
(b)
The distance between the faces of projecting signs shall not exceed six inches; however, internally illuminated signs may have a dimension between faces of 12 inches.
(c)
Projecting signs shall not exceed an area of 15 square feet per face and the outer edge of such sign shall not extend more than 72 inches from the face of the building to which it is applied.
(d)
The bottom edge of projecting sign shall be no less than nine feet nor more than 15 feet above the ground and shall not extend into any access drive which is intended for use by service or emergency vehicles.
(e)
No part of projecting sign shall extend within two feet of the curbline of any public street or right-of-way.
(3)
Freestanding signs.
(a)
Where a building is set back at least 15 feet from the street, one freestanding sign shall be permitted on each frontage of a property on a public street. However, not more than one such sign shall be located within 200 feet of the same intersection. No part of any freestanding sign or its support shall be located within six feet of any building or extend beyond any street line.
(b)
The area of freestanding signs shall not exceed 36 square feet per sign face.
(c)
No part of any freestanding sign shall be higher than 18 feet above grade.
(4)
Marquee, canopy and balcony signs. Signs may be hung from, or attached to the underside of, or affixed to the edge of a marquee, canopy or balcony, either parallel or perpendicular to the face of the building to which attached. Such sign shall not exceed an area of eight square feet and shall not extend above the front or side edge of the marquee, canopy or balcony in any direction. The bottom edge of such sign shall be at least eight feet above the ground and shall not extend within two feet of the curbline of any street or right-of-way.
(5)
Iconic signs. Iconic signs such as barber poles, eyeglasses, mortar and pestle, etc., which are traditional in nature shall be permitted as long as they comply with the pertinent regulations pertaining to size and location herein.
(6)
Roof signs. Roof signs shall only be permitted upon approval of a special permit by the Planning Commission based on a finding that no other suitable location for signage exists on the building or property. If permitted such sign shall not exceed 30 square feet in area nor extend more than five feet above the lowest point of the roof.
(7)
Window signs. Temporary interior signs affixed to or within three feet of the inside of a display window announcing special sales or events shall be permitted in any business district provided such signs shall not cover more than 60% of the window area to which they are affixed and shall be removed within 15 days.
F.
Unsafe, abandoned, and unlawful signs.
(1)
Upon a finding by the Building Inspector that any sign regulated herein is unsafe or insecure, or is a menace to the public, or has been erected in violation of the provisions of this chapter, or advertises, identifies, or pertains to an activity no longer in existence, except as provided hereinafter, the Building Inspector shall give written notice to the permittee thereof. This provision shall not apply to seasonal activities during the regular period in which they are closed.
(2)
If the permittee fails to remove or alter the sign so as to comply with the standards herein set forth with 14 days after such notice, such sign may be removed or altered to comply by the Building Inspector at the expense of the permittee or owner of the property on which it is located. The Building Inspector shall refuse to issue a new permit to any permittee or owner who refuses to pay costs so assessed. The Building Inspector may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.
G.
Existing signs and nonconforming signs.
(1)
The Building Inspector shall review any existing sign that was in place prior to the date of adoption of this chapter and determine whether the sign conforms to the requirements of this chapter.
(3)
A sign determined to be nonconforming shall not be physically altered or enlarged. The relettering, painting, decorating or normal maintenance of such sign shall be permitted. However, any such sign once removed for purposes other than relettering, painting, decorating or maintenance shall be deemed permanently removed and may be replaced only in accordance with the provisions of this chapter.
H.
Criteria for approval of a certificate of appropriateness for signs in historic districts.[2]
(1)
Any exterior sign or any interior sign intended to be visible from a public street or alley which shall be erected or replaced shall require a certificate of appropriateness. The relettering, repainting, decorating or normal maintenance of any existing sign shall be permitted. However, any sign removed for any other purpose or removed for more than one year and not replaced within that one-year period shall be deemed permanently removed and may be replaced only after the owner has secured a certificate of appropriateness in accordance with § 210-20. Relettering, repainting, or redecorating as the result of a change in ownership and subsequent change in business name shall be deemed permanent removal of the former business sign and may be replaced only after the owner has secured a certificate of appropriateness.
(2)
No internal illumination or backlit sign will be permitted. Only nonilluminated or externally illuminated signs shall be permitted.
(3)
No external neon signs shall be permitted. Interior neon window signs promoting alcoholic beverages shall be permitted in premises serving or selling alcohol. One neon sign is allowed for each major window pane. Exception: Each place of business is allowed to have one fixed, nonblinking "open" sign not to exceed two square feet. This sign may be lit only during business hours and may either show "open" or an icon representing the type of business. Illumination may be by neon, LED or similar light source. Note that the aggregate area of all signs cannot exceed the limit in Subsection E(2)(e).
(4)
Sandwich boards are allowed under Chapter 165, Streets and Sidewalks, § 165-10, Display of goods, wares or merchandise for advertising purposes. Sandwich boards may not exceed nine square feet per face and may not exceed four feet in height. Since they are not permanent, the sign area does not count toward allowable area for signage. The width and placement of the boards and displays must allow five feet of unobstructed pedestrian passage on the sidewalk. They must be removed from the sidewalk during the hours on which the business is closed. Overall design of the boards must be approved by the Historic Review Board. Inflatable or other nontraditional displays are not permitted.
(5)
Awnings are regulated under Subsection E(1)(c)[1], [2] and [3] and Subsection E(2)(b), (e) and (f) Chapter 165, § 165-8. All awnings are reviewed for compatibility with the requirements of the Historic District. Traditional cotton or synthetic canvass in stripes or solid colors is allowed. Awnings must be of traditional shape (not curved). Awnings may have lettering which will be counted as part of the allowed total area of signage. Lettering must not be internally illuminated. Awnings shall be seven feet from the lowest part to the ground.
(6)
All lettering styles and color schemes shall be appropriate to the character of the historic district.
(7)
The aggregate area in square feet of all signs, both interior and exterior, visible as part of the facade of any one wall shall not be greater than 1 1/2 times the length, in feet, of such wall.
(8)
Where a sign consists of lettering painted directly onto glass, the size of the sign shall be considered the area between the height and width of the lettering at its maximum height and width, i.e., that area which would be created by a "rectangular frame" around the lettering.
(9)
Examples of appropriate sign designs are included as Appendix A.[3]
[3]
Editor's Note: Appendix A, Appropriate Signs Already in Use in the Village, is included at the end of this chapter.
§ 210-19 Offices in certain existing residential buildings.
Buildings erected prior to the date of adoption of this chapter may be used for professional or business offices, subject to the issuance of a special permit by the Planning Board in accord with § 210-58, and the following requirements:
A.
The building must be located on Main Street east of Washington Avenue on the west side of Malden Avenue and situated on a lot with at least 50 feet of frontage or on both sides of Ulster Avenue between North Street and Elizabeth Street.
[Amended 6-16-2003 by L.L. No. 2-2003]
B.
The building shall not be extended or enlarged and no exterior modifications shall be made which would alter its basic character in terms of scale, materials, door and window openings, and architectural details.
§ 210-20 Historic districts.
[Amended 10-20-1986 by L.L. No. 5-1986; 3-16-1987 by L.L. No. 2-1987]
A.
Purpose. It is hereby declared as a matter of public policy that the protection, enhancement and preservation of buildings of historic, architectural, and cultural value is necessary to promote the economic, cultural, educational, and general welfare of the public. Inasmuch as the identity of a people is founded on its past, and inasmuch as the Village of Saugerties has many significant historic, architectural, and cultural resources which constitute its heritage, this section is intended to:
(1)
Protect and enhance the landmarks and historic districts which represent distinctive elements of Saugerties' historic, architectural, and cultural heritage;
(2)
Focus attention on and foster civic pride in the Village's historic resources;
(3)
Stabilize and improve property values in designated historic districts;
(4)
Protect and enhance the Village's attractiveness to visitors and the support and stimulus to the economy thereby provided; and
(5)
Strengthen the economy of the Village by preserving its historic assets and thereby ensure the harmonious, orderly, and efficient growth and development of the Village.
B.
Historic District Review Board.
(1)
There is hereby created a Review Board to be known as the "Village of Saugerties Historic District Review Board."
(2)
Membership.
(a)
The Review Board shall consist of five members to be appointed, to the extent available in the community, by the Mayor as follows:
[1]
At least one shall be an architect or engineer;
[2]
At least one shall be an historian or member of the Saugerties Historical Society or a similar group concerned with preservation of the Village's heritage;
[3]
At least one person shall be a person with professional involvement in real estate or building construction or renovation; and
[4]
Two other residents of the Village.
(b)
All members shall have a known interest in historic preservation and architectural development within the Village of Saugerties and shall take such steps as are practical to become better trained in these areas. The Mayor shall designate an appointee to fill any vacancies within 60 days of such position becoming vacant. Such appointee shall serve the balance of the unexpired term.
(3)
Review Board members shall serve for a term of three years, with the exception of the initial terms which shall be one member for one year, two members for two years, and two members for three years.
(4)
The Chairman and Secretary of the Review Board shall be elected by and from among the members of the Review Board.
(5)
The powers of the Review Board shall include:
(a)
Employment of staff and professional consultants as necessary to carry out the duties of the Review Board, with the prior approval of the Village Board.
(b)
Promulgation of rules and regulations as necessary for the conduct of business.
(c)
Adoption of criteria for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts additional to those stated in Subsection C below.
(d)
Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the Village.
(e)
Designation of identified structures or resources as landmarks and historic districts.
(f)
The making of recommendations to the Village government concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purpose of this section; and with the approval of the Village Board, acceptance on behalf of the Village government of the donation of facade easements and development rights.
(g)
Increasing public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs. The members of the Board may attend programs which further the education regarding renovation and historic preservation.
(h)
Making recommendations to Village government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Village.
(i)
Making recommendations to the Village Board concerning the modification or deletion of existing historic districts.
(j)
Approval or disapproval of applications for certificates of appropriateness pursuant to this section.
(6)
The Review Board shall meet monthly, but meetings may be held at any time on the written request of any two of the Review Board members or on the call of the Chairman or the Mayor. There shall be at least four meetings per year.
(7)
A quorum for the transaction of business shall consist of three of the Review Board's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness.
(8)
All meetings shall be open to the public.
C.
Designation of landmarks or historic districts.
(1)
The Review Board may designate an individual property 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 age; or
(e)
Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.
(2)
Districts.
(a)
The Review Board may designate a group of properties as an historic district if it:
[1]
Contains properties which meet one or more of the criteria for designation of a landmark; and
[2]
By reason of possessing such qualities, it constitutes a distinct section of the Village, even though not all of the buildings within the proposed district meet one or more of the criteria for designation of a landmark.
(b)
The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the Village Clerk's office for public inspection.
(3)
An owner may petition the Review Board for designation of property as a landmark or for inclusion in an historic district. If the owner has not petitioned the Review Board for designation of the property as a landmark or for inclusion in an historic district, notice of a proposed designation shall be sent by certified mail, return receipt requested, to the owner as listed on the Village tax rolls of the property proposed for designation. The notice shall describe the property proposed and announce a public hearing by the Review Board to consider the designation. Once the Review Board has issued notice of a proposed designation, no building permits shall be issued by the Building Inspector until the Review Board has made its decision.
(4)
The Review Board shall hold a public hearing prior to designation of any landmark or historic district. The Review Board, owners, and any interested parties may present 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 shall include the application and any subsequent modifications. The record may also contain staff reports, public comment, or other evidence offered outside of the hearing. If the applicant desires a stenographic transcript of the testimony taken at such hearing, it shall be the responsibility of the applicant to arrange for the presence of the stenographer and to bear the cost of such expense.
(5)
The Review Board shall approve, deny, or approve the designation with modification within 45 days from its receipt of the completed application. The first such public hearing on an application must be held within 45 days from the date of receipt of the completed application, in which case the Review Board shall approve, deny, or approve the permit with modifications within five days of the completion of the public hearing or hearings.
D.
Certificate of appropriateness for alteration, demolition or new construction affecting landmarks or historic districts.
(1)
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark or property within an historic district, nor shall any person make any material change in the appearance of such a property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the historic district, without first obtaining a certificate of appropriateness from the Historic District Review Board.
(2)
The Village Building Inspector shall be responsible for administering and maintaining records of the applications for a certificate of appropriateness, whether or not they are accompanied by an application for a building permit. The Village Building Inspector shall have the same enforcement capability with respect to a certificate of appropriateness that the Inspector may exercise with respect to a building permit.
E.
Criteria for approval of a certificate of appropriateness.
[Amended 5-2-1988 by L.L. No. 1-1988]
(1)
Criteria for approval of a certificate of appropriateness for alteration, demolition or new construction affecting landmarks or historic districts.
(a)
In passing upon an application for a certificate of appropriateness, the Historic District Review Board shall not consider changes to interior spaces, unless they are open to the public, or to architectural features that are not visible from a public street or alley.
(b)
The Review Board's decision shall be based upon the following principles:
[1]
Properties which contribute to the character of this historic district shall be retained, with their historic features altered as little as possible;
[2]
Any alteration of existing properties shall be compatible with its historic character, as well as with the surrounding district; and
[3]
New construction shall be compatible with the district in which it is located.
(c)
The Review Board shall consider the following factors:
[1]
The general design, character and appropriateness to the property of the proposed alteration or new construction.
[2]
The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood.
[3]
Texture, materials, and color and their relation to similar features of other properties in the neighborhood.
[4]
Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties on streets, including setback.
[5]
The importance of historic, architectural or other features to the significance of the property.
[6]
Any other factors relating to historical or architectural considerations deemed pertinent to the objectives of this section.
(2)
Criteria for approval of a certificate of appropriateness for signs.
[Amended 7-19-2010 by L.L. No. 2-2010]
(a)
Any exterior sign or any interior sign intended to be visible from a public street or alley which shall be erected or replaced after the adoption of this section shall require a certificate of appropriateness. The relettering, repainting, decorating or normal maintenance of any existing sign shall be permitted. However, any sign removed for any other purpose or removed for more than one year and not replaced within that one-year period shall be deemed permanently removed and may be replaced only after the owner has secured a certificate of appropriateness in accordance with this section. Relettering, repainting, or redecorating as the result of a change in ownership and subsequent change in business name shall be deemed permanent removal of the former business sign and may be replaced only after the owner has secured a certificate of appropriateness.
(b)
No internal illumination or backlit sign will be permitted. Only nonilluminated or externally illuminated signs shall be permitted.
(c)
No external neon signs shall be permitted. Interior neon window signs promoting alcoholic beverages shall be permitted in premises serving or selling alcohol. One neon sign is allowed for each major window pane. Exception: Each place of business is allowed to have one fixed, nonblinking "open" sign not to exceed two square feet. This sign may be lit only during business hours and may either show "open" or an icon representing the type of business. Illumination may be by neon, LED or similar light source. Note that the aggregate area of all signs cannot exceed the limit in Subsection E(2)(e).
(d)
Sandwich boards are allowed under Chapter 165, Streets and Sidewalks, § 165-10, Display of goods, wares or merchandise for advertising purposes. Sandwich boards may not exceed nine square feet per face and may not exceed four feet in height. Since they are not permanent, the sign area does not count toward allowable area for signage. The width and placement of the boards and displays must allow five feet of unobstructed pedestrian passage on the sidewalk. They must be removed from the sidewalk during the hours on which the business is closed. Overall design of the boards must be approved by the Historic Review Board. Inflatable or other nontraditional displays are not permitted.
(e)
Awnings are regulated under Subsection E(1)(c)[1], [2] and [3] and Subsection E(2)(b), (e) and (f) Chapter 165, § 165-8. All awnings are reviewed for compatibility with the requirements of the Historic District. Traditional cotton or synthetic canvass in stripes or solid colors is allowed. Awnings must be of traditional shape (not curved). Awnings may have lettering which will be counted as part of the allowed total area of signage. Lettering must not be internally illuminated. Awnings shall be seven feet from the lowest part to the ground.
(f)
All lettering styles and color schemes shall be appropriate to the character of the historic district.
(g)
The aggregate area in square feet of all signs, both interior and exterior, visible as part of the facade of any one wall shall not be greater than 11/2 times the length, in feet, of such wall.
(h)
Where a sign consists of lettering painted directly onto glass, the size of the sign shall be considered the area between the height and width of the lettering at its maximum height and width, i.e., that area which would be created by a "rectangular frame" around the lettering.
(i)
Examples of appropriate sign designs are included as Appendix A.[1]
[1]
Editor's Note: Appendix A, Appropriate Signs Already in Use in the Village, is included at the end of this chapter.
F.
Certificate of appropriateness application procedure.
(1)
Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Historic District Review Board. The application shall contain:
(a)
Name, address and telephone number of applicant, plus existing blue sheets, if any.
(b)
Location and photographs of property.
(c)
Elevation drawings of proposed changes, if available.
(d)
Perspective drawings, including relationship to adjacent properties, if available.
(e)
Samples of color or materials to be used.
(f)
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the sign's location on the property.
(g)
Any other information which the Review Board may deem necessary in order to visualize the proposed work.
(2)
No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Historic District Review Board. The Building Inspector shall refer any application for a building permit on property within the historic district or on landmark property to the Historic District Review Board within five days of receipt by the Building Inspector.
(3)
The Review Board shall approve, deny, or approve the permit with modification within 45 days from its receipt of the completed application. The Review Board may hold a public hearing on the application at which an opportunity will be provided for proponents and opponents of the application to present their views. The first such public hearing on an application must be held within 45 days from the date of receipt of the completed application, in which case the Review Board shall approve, deny, or approve the permit with modifications within five days of the completion of the public hearing or hearings.
(4)
All decisions of the Review Board shall be in writing. A copy shall be sent to the applicant by certified mail, return receipt requested, and a copy filed with the Village Clerk's office for public inspection. The address used for such notification shall be the address of the applicant as shown on his application for the building permit. The Review Board's decision shall state the reasons for denying or modifying any application.
G.
Hardship criteria.
(1)
An applicant whose certificate of appropriateness has been denied may apply for relief from landmark or historic district designation on the grounds that designation is working a hardship upon him.
(2)
In order to prove the existence of hardship in order to permit demolition, the applicant shall establish that:
(a)
The property is incapable of earning a reasonable return as a long-term capital investment, regardless of whether that return represents the most profitable return possible;
(b)
The property cannot be adapted, whether by the current owner or by a purchaser, for any other use which would result in a reasonable return; and
(c)
Diligent efforts to find a purchaser interested in acquiring the property and preserving it have failed.
(3)
In order to prove the existence of hardship in order to permit alteration not in keeping with the architectural character of the district, the applicant shall establish that:
(a)
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(b)
The property cannot be adapted, in keeping with the architectural character of the district, whether by the current owner or by a purchaser, for any other use which would result in a reasonable return; and
(c)
Diligent efforts to find a purchaser interested in acquiring the property and preserving it have failed.
H.
Hardship application procedure.
(1)
After receiving written notification from the Historic District Review Board of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Review Board makes a finding that a hardship exists.
(2)
The Review Board may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views.
(3)
The applicant shall consult in good faith with the Review Board, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
(4)
All decisions of the Review Board shall be in writing. A copy shall be sent to the applicant by certified mail, return receipt requested, and a copy filed with the Village Clerk's office for public inspection. The Review Board's decision shall state the reasons for granting or denying the hardship application.
I.
Enforcement. All work performed pursuant to a certificate of appropriateness issued under this section shall conform to any requirements included therein. It shall be the duty of the Building Inspector to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Historic District Review Board, the Building Inspector 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.
J.
Maintenance and repair required.
(1)
Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within an historic district which does not involve a change in design, material, color, or outward appearance.
(2)
No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature and which would, in the judgment of the Historic District Review 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)
Examples of such deterioration include but are not limited to the following:
(a)
Deterioration of exterior walls or other vertical 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 the public safety.
K.
Violations.
(1)
Failure to comply with any of the provisions of this section shall be deemed a violation and the violator shall be subject to the penalties set forth in § 210-47.
(2)
Any person who demolishes, alters, constructs or permits a designated property to fall into a serious state of disrepair in violation of this section shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the Village Attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty under Subsection K(1) above.
L.
Appeals.
(1)
Any person aggrieved by a decision of the Historic District Review Board relating to hardship or a certificate or appropriateness may, within 30 days of the date of receipt of the decision, as shown on the receipt for certified mail, file a written application with the Village Board of Trustees for review of the decision.
(2)
The Village Board may overrule the Review Board at a regularly scheduled meeting at which an opportunity to comment on the appeal is afforded to all interested parties or any member of the public. A majority of the Village Board must be in favor of overruling the Historic District Review Board in order to overrule the Historic District Review Board. In deciding whether or not to overrule the Historic District Review Board, the Village Board shall consider the same criteria used by the Historic District Review Board and the same record of the case provided to the Historic District Review Board. Any new issues, additional information or considerations must first be referred to the Historic District Review Board for its initial determination.
§ 210-21 Planned Waterfront Districts.
A.
Objectives. These regulations are intended to allow maximum flexibility in the design, layout and combination of uses permitted subject to issuance of a special permit in the Planned Waterfront District.
B.
Procedures. Applications for a special permit for one or more of the uses requiring such permit shall be submitted to the Planning Board, in accord with § 210-58. Such application shall also be submitted to the Village of Saugerties Waterfront Commission for review and comment. No action shall be taken within 30 days of such referral, unless comment has been received.
C.
Basic development standards. The following basic standards shall apply to all uses requiring a special permit in the PW District unless the Planning Board modifies such standards upon a finding that such modification is not inconsistent with the purposes and objectives of the district.
D.
Review criteria. In addition to criteria set forth in §§ 210-58 and 210-59, the Planning Board shall consider the following factors concerning site development and appropriateness of uses in arriving at a decision:
(2)
The extent to which proposed uses are water-dependent or -enhanced.
(3)
The quality and extent of views from the adjacent public streets through the development to the water.
(4)
The design and relationship of development as viewed from the water.
(5)
The design, location and function of easements or other access providing public access to the water's edge.
(6)
The design and function of waterfront improvements such as bulkheads, docking facilities, launch ramps, etc.
§ 210-22 Two-family dwellings in R-1 and R-1W Districts.
It is the intent of this provision to allow more efficient use of existing larger structures; to permit certain structures to be used in accord with their original design; to enhance the economic return of such structures; and to foster rental housing opportunities in the Village. In furtherance of these objectives, a second dwelling unit in an existing structure located in an R-1 or R-1W District may be permitted, subject to the issuance of a special permit by the Planning Board and the following conditions:
A.
Size of structure. A second apartment may be located in the principal dwelling provided the existing structure contains a minimum of 1,600 square feet of habitable space and conforms with the other requirements of this chapter unless a variance therefor shall have been granted by the Board of Appeals.
B.
Apartment size. The minimum floor area for a second apartment shall be 400 feet.
C.
Exterior appearance. The exterior appearance of the building shall be altered to the minimum extent feasible.
D.
Off-street parking. One additional off-street parking space shall be provided for the accessory apartment. In no case shall there be parking space for less than a total of three cars on the property.
§ 210-23 Marinas and other dock floats or wharfs.
[Added 8-19-1991 by L.L. No. 2-1991]
A.
Purpose: to manage Village of Saugerties waterways in a manner which will enhance their recreational appeal and simultaneously protect their natural beauty and the ecology of the area; to provide established regulations and statements of intent to ensure the Esopus Creek and other Saugerties waterways maintain their rural character, beauty and water quality for the benefit of and to protect the health, safety and welfare of Saugerties residents, visitors and future generations of residents to come.
B. BOAT or VESSEL IMMEDIATE FAMILY LOWER ESOPUS CREEK MARINA PERMANENTLY
Definitions. As used in this section, the following terms shall have the meanings indicated:
Includes every description of watercraft or other contrivance capable of being used as a means of transportation in the water and designed to be propelled under its own power.
[Amended 4-5-1999 by L.L. No. 1-1999]
Property owner's spouse, children and parents.
That portion of the Esopus Creek between Cantine's Dam and the Hudson River.
Any property, facility, yacht club or area on land or water used to harbor boats/vessels other than those belonging to the property owner, or used to harbor boats/vessels from which the owner derives income.
Includes seasonal mooring or mooring for any period in excess of two weeks in a calendar year.[1]
[Amended 4-5-1999 by L.L. No. 1-1999]
[1]
Editor's Note: The definition of "season," which immediately followed this definition, was repealed 4-5-1999 by L.L. No. 1-1999.
C.
Docks, wharfs, floats or mooring for personal use.
[Amended 4-5-1999 by L.L. No. 1-1999]
(1)
No dock, float, wharf, barge, floating building or mooring shall be constructed or placed so as to interfere with normal navigation or reasonable access to adjacent docks, floats, wharfs, moorings or land.
(2)
No person or organization shall construct, place or enlarge or expand any dock, float, wharf, barge, floating building or mooring on the Upper or Lower Esopus Creek or other waters within the Village of Saugerties without having first obtained a special use permit. A property owner of a single-family residence, a vacant lot or a two-family residence whose property immediately borders waters within the Village of Saugerties may obtain the permit from the Building Inspector. All others shall obtain the permit from the Planning Board of the Village of Saugerties which shall seek the recommendation of the Waterfront Advisory Board.[2]
D.
Criteria for granting permits.
(1)
A property owner of a single-family residence, a vacant lot or a two-family residence whose property immediately borders waters within the Village of Saugerties shall be entitled as of right to a special use permit to construct a private dock, float or wharf measuring up to 150 square feet and extending a maximum of 30 feet into the Esopus Creek or Hudson River from the owner's mean high-water mark for the mooring of boats/vessels belonging to the owner or his immediate family.
(2)
The owners of multifamily dwellings including condominiums, townhouses and co-ops whose property immediately borders waters within the Village of Saugerties shall be limited to a special use permit for docking facilities or slips for a number of boats equal to not more than 30% of constructed units.
(3)
Prior to granting any special use permit relative to a dock, float, wharf, barge, floating building, mooring or marina to which the applicant is not entitled as of right, the Village Planning Board shall ascertain the probable effect of the proposed facility and the operation thereof on the health, safety and welfare of the public and on the resources of the Esopus Creek or other Saugerties waterways. The Village Planning Board shall also ascertain the impact of the proposed facility upon the congestion of the Lower Esopus Creek or other Saugerties waterways and the probable visual, cultural, and audible effects of the proposed on the waterway and the effects such proposed facility would have on the natural resource values of the waterway and adjacent areas. If the Board determines that the facility will have an adverse impact upon the health, environment, beauty, safety or welfare of the public or the resources of the waterway, lead to overcrowding or congestion, or cause undue visual, cultural, audible or natural resource impacts on the neighborhood or the waterway, a special use permit shall be denied. The Planning Board shall seek the recommendation of the Waterfront Advisory Board[3] prior to rendering its decision.
[Amended 4-5-1999 by L.L. No. 1-1997]
E.
Marinas.
(1)
No person shall construct or expand a marina without obtaining a special use permit from the Village Planning Board which shall seek the recommendation of the Waterfront Advisory Board.
(2)
In addition to complying with Chapter 103, Flood Damage Prevention, of the Code of the Village of Saugerties, marinas must comply with the following additional regulations in order to obtain a special use permit:
(a)
Rest rooms, including toilet facilities, shall be provided for the use of customers and the public and shall be available at all times during the boating season or when the marina is open or operating.
(b)
On-site parking space or adequate off-site parking shall be provided for each vessel berthed. Where the marina offers rides, instruction or water-based recreation for a fee, adequate parking must be provided for customers of the marina.
(c)
An adequate storage area for boat trailers shall be provided. When such storage is not available, the storage of trailers shall be prohibited.
(d)
Proof of compliance with New York State Uniform Fire Prevention and Building Code standards and DEC bulk storage standards for the storage and retail sale of gasoline and hazardous materials shall be provided. No permit application shall be complete until proof of compliance with such standards is submitted.
(e)
Each marina operator operating a petroleum sales facility shall submit a plan relative to the inspection and maintenance of petroleum storage facilities and all associated equipment, and appropriate measures relative to spill prevention and countermeasures. Each marina operating a petroleum sales facility shall, as part of such plan:
[1]
Inspect all plumbing and related pumping equipment, not less than daily, to guard against leakage of petroleum products into Saugerties waters.
[2]
Train each person pumping motor fuels in procedures to guard against the spillage of such motor fuels into Saugerties waters and procedures to respond to a spill; and
[3]
Maintain, in close proximity to the pumping facilities, such equipment as is necessary to contain any spill of petroleum products in Saugerties waters, or onto land or structures where it may flow into such waters.
(f)
Adequate garbage and debris disposal facilities with leakproof containers must be provided and properly maintained.
(g)
Sanitary waste disposal.
[1]
Every marina owner or operator is required to provide the following facilities for the disposal of sanitary wastes from vessels with onboard sanitary devices or facilities:
[a]
On-site vessel waste pumpout facilities, or access to pumpout facilities, for use by vessel operators and patrons which use the services of the marina; and
[b]
Facilities for the disposal of waste from portable marine toilets or sanitation devices or access to such facilities for use by vessels which use the services of the marina. Such facilities shall be designed, installed, operated and maintained to prevent the discharge of contaminants from all marine sanitation devices or toilets to Saugerties waters or the ground from which they may flow into such waters.
[2]
For the purposes of this subsection, vessels using the services of the marina shall include vessels which moor, dock, are quick launched, or which purchase goods or services from the marina. Written proof of access to sanitary waste disposal facilities shall be required. Off-site facilities must be located within a reasonable distance of the marina.
(h)
A boat cleaning area that is designed, operated and maintained in such a manner to prevent contamination of Saugerties waters shall be provided. Boat cleaning with environmentally unsafe cleaners shall be prohibited where there is no such area.
§ 210-24 Adult uses.
[Added 4-5-1999 by L.L. No. 1-1999]
A. ADULT BOOKSTORE or ADULT VIDEO STORE ADULT ENTERTAINMENT CABARET ADULT THEATER MASSAGE ESTABLISHMENT
Definitions. As used in this section, the following terms shall have the meanings indicated:
An establishment having as a substantial or significant portion of its stock-in-trade adult material such as books, magazines, other periodicals, films, slides, and videotapes in which the establishment is customarily not open to the public generally but excludes any minor by reason of age.
A public or private establishment which presents topless or bottomless dancers, strippers, male or female impersonators, exotic dancers, or other similar entertainment and which establishment is not customarily open to the public generally but excludes any minor by reason of age.
A theater that customarily presents motion pictures, films, video tapes, or slide shows that are not open to the public generally but excludes any minor by reason of age.
Any establishment having a fixed place of business where massages are administered for pay, including, but not limited to, massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home, or medical clinic, or the office of a physician surgeon, chiropractor, osteopath, or duly licensed physical therapist, or barbershop, or beauty salon where massages are administered only to the face, scalp, neck or shoulders. This definition shall exclude health clubs which have facilities for physical exercise such as tennis courts, racquetball courts, or exercise rooms which do not receive their primary source of revenue through the administering of massages as well as those individuals holding New York State Department of Education licenses as a masseuse or masseurs, who may also practice in a private residence in the Village of Saugerties.
B.
Restrictions.
(1)
An adult use establishment shall be permitted in a B-2 (Highway Business) Zoning District subject to the following restrictions:
(a)
No adult use establishment shall be allowed within a one-thousand-foot radius of another existing adult use establishment whether within the Village of Saugerties or in a neighboring community. The one-thousand-foot radius shall be measured in a straight line from the nearest point of the wall of the portion of the building in which an adult use business is conducted to the nearest point on the property of the area in question.
(b)
No adult use establishment shall be located within a five-hundred-foot radius of any zoning district which is zoned to allow residential use or within 200 feet of any Village street or state highway.
(c)
No adult use establishment shall be located within a five-hundred-foot radius of a preexisting school, library, civic or youth oriented center, designated historic preservation site or district, park, playground, place of worship, as well as any areas designated as "scenic" under New York State law. The five-hundred-foot radius shall be measured in a straight line from the nearest point of the wall of the portion of the building in which an adult use business is conducted to the nearest point on the property of the area in question.
(2)
An adult use establishment shall not be permitted in any other district.
C.
Sign regulations.
(1)
Advertisements, displays or other promotional material shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or other areas, public or semipublic, and such displays shall be considered signs.
(2)
No signs or other structures shall be placed, erected or used on the premises except as provided in § 210-18 of this chapter. Nor shall the building be painted in garish colors or other such fashion as will effectuate the same purpose as a sign without the approval of the Village of Saugerties Planning Board.
(3)
Not more than one business wall sign shall be permitted for an adult use and said sign shall be permitted only on the front facade.
(4)
Sign messages shall be generic in nature, shall not contain material classified as advertising and shall only identify the business which is being conducted.
D.
Curfew. It shall be unlawful for any person maintaining or operating any adult use establishment to operate said establishment between the hours of 4:00 a.m. and 8:00 a.m. Monday through Saturday and 4:00 a.m. through 12:00 p.m. on Sunday.
E.
Waivers. The restrictions enumerated in Subsection B may be waived by the Village of Saugerties Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general standards contained in § 210-56 of this chapter:
(1)
That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed.
(2)
That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.