The supplementary regulations in this article are in addition to those of Article III and, unless otherwise indicated, shall apply in all classes of districts.
No driveway or other means of access for vehicles other than
a public street shall be maintained or used in any residence district
for the servicing of any use located in a business or industrial district.
[1]
Editor's Note: See Diagram V located at the end of this chapter.
[Added 6-22-2023 by L.L.
No. 2-2023]
A.
Animal husbandry. Animal husbandry for personal noncommercial use
is permitted as an accessory use to a residential use with site plan
approval in the R10,000 and R20,000 Zoning Districts on a lot with
a minimum area of two acres, subject to the following limitations
and restrictions.
(1)
Animals shall be confined at all times to the lot on which they
are kept, possessed or maintained. Animal husbandry shall not be conducted
within 75 feet of the lot boundary.
(2)
The number of animals that may be kept on a property is as follows:
one animal with an average weight of 250 pounds or more at mature
size or two animals with an average weight of less than 250 pounds
each at mature size per 1.5 acres of available land, regardless of
the actual size or age of the animal. "Available land" is defined
as all land on a lot, excluding the residence, driveway, garage, other
buildings or structures not used for animal husbandry, and all areas
within 50 feet of wells, watercourses and wetlands.
(3)
Adult male animals shall be neutered; breeding of animals is
not permitted.
(4)
Feed shall be stored indoors or in metal containers and securely
covered with metal covers.
(5)
Animal waste and uneaten or discarded food must be disposed
of in a safe and sanitary manner with a minimum frequency of once
per week. There shall be no unenclosed storage or manure or other
odor- or dust-producing substances.
(6)
Odor from animals, animal waste and related substances shall
not create a nuisance for occupants of nearby buildings or properties.
B.
Keeping of hens. The keeping of hens for personal noncommercial use
is permitted as an accessory use to a residential use in the R10,000
and R20,000 Zoning Districts subject to issuance of a permit from
the Code Enforcement Officer and further subject to the following
rules.
(1)
All hens shall be provided with an enclosed shelter and a fenced
run inaccessible to predatory animals. The shelter and fenced run
shall be located behind the front building line of the residence and
set back from the property boundary not less than the accessory building
setback required in the District Schedule of Area and Bulk Regulations
for the applicable zoning district.
(a)
The fenced run shall be fully screened from view from any neighboring
front yard by an opaque fence, shrubbery, or other screening of a
height equivalent to the structure being screened.
(b)
The enclosed shelter shall provide a minimum floor space of
four square feet per hen. The fenced run shall have a minimum of eight
square feet per hen.
(2)
The shelter shall be maintained in a clean, dry and sanitary
condition at all times so as not to endanger the public health and
safety. Animal waste, uneaten or discarded food, and feathers are
to be removed regularly with a minimum frequency of once per week.
(3)
Feed shall be stored indoors or in metal containers and securely
covered with metal covers.
(4)
Hen waste must be disposed of in a safe and sanitary manner
with a minimum frequency of once per week or may be composted on site
with sufficient green vegetation and soil so as to prevent odors from
leaving the property.
(5)
Odor from hens, hen waste and related substances shall not create
a nuisance for occupants of nearby buildings or properties.
(6)
Hens shall be confined at all times to the lot on which they
are kept, possessed or maintained. Free-range hens are prohibited.
(7)
No more than six hens are permitted on a lot of an acre or less
and no more than 12 hens are permitted on a lot of more than one acre.
(8)
The keeping of fowl other than hens, including but not limited
to roosters, ducks, geese, turkeys, guinea fowl, peacocks and peahens,
is not permitted.
(9)
A nontransferable license shall be obtained from the Code Enforcement
Officer prior to the keeping of hens on a lot and shall be subject
to an annual renewal.
(a)
If an applicant is not the owner of the lot the license application
shall be accompanied by a notarized letter from the owner authorizing
the keeping of hens.
(b)
Prior to issuance of the license, the CEO shall inspect the premises and confirm in writing that the standards in § 200-18.1B are met.
(c)
The Village Board may establish by resolution a fee for each
license and renewal thereof.
C.
Keeping of honeybees. The personal noncommercial keeping of honeybees
shall be permitted as an accessory use to a residential use in the
R10,000 and R20,000 Zoning Districts, subject to issuance of a beekeeping
permit from the Code Enforcement Officer and further subject to the
following rules.
(1)
Hive type. All honeybee colonies shall be kept in hives with
removable frames, a maximum of 10 frames per box, or equivalent, to
control total bee density (or five frames or equivalent for a nucleus
colony defined as a hive with a queen installed at the discretion
of the beekeeper to better facilitate the health and vitality of the
entire bee colony), such box to allow disassembly for complete internal
hive inspection at all times by the Village Building Inspector, Code
Enforcement Officer, Village Engineer, Village designee, or any other
governmental agency with jurisdiction.
(2)
Site colony density.
(a)
A maximum of two colonies, consisting of no more than three
hives, shall be permitted per lot.
(b)
Should hives swarm, the beekeeper may add a temporary hive(s)
to accommodate same. If this exceeds the maximum permitted site density,
the hives must be merged during the calendar year to an allowed density.
(c)
In no event will the overwintering of colonies exceeding the
maximum total allowed permitted.
(3)
Colony location. All colonies must be located at least 50 feet
from a public sidewalk, alley, street or road and at least 25 feet
from a side or rear lot line. All colony entrances shall face inward
to the site and away from the nearest adjacent property boundaries.
A dimensioned sketch of the lot showing location and all setbacks
shall be included with the application for a beekeeping permit.
(4)
Control barrier.
(a)
The beekeeper must establish a flyaway barrier adjacent to hives
controlling the honeybee flight path away from the lot. This should
be at least six feet tall and extend 15 feet beyond the colony on
each boundary side. It can be solid, vegetative or any combination
of the two that forces the honeybee's flight path along the lot
line at a height of six feet or more.
(b)
A warning sign must be within 20 feet of the hives to warn people
and children from coming in close contact with the hives without supervision.
(5)
Purchasing and keeping of bees and queens; honeybee genetics
and defensive behavior.
(a)
Beekeepers pursuing the purchase and keeping of bees must be
mindful of honeybee genetics and defensive honeybee behavior. Thus,
before the purchase of bee packages or queen bees, whether to start,
replace or maintain colonies, beekeepers must act responsibly to limit
the spread of Africanized (defensive) and any other undesirable bee
genetics. Accordingly, every effort should be made to utilize bees
or queens from northern apiaries to limit the spread of the Africanized
bee genetics. Applicants should include documentation to verify apiary
origin of mated queens and packaged bees, including the seller's
contact information.
(b)
Any colony of honeybees exhibiting defensive or angry behavior
must be re-queened immediately. The beekeeper will make every effort
to minimize colony disruption after the defensive or angry behavior
determination. The beekeeper will also use good practices to minimize/prevent
a defensive colony swarming.
(c)
All existing and new apiaries will meet the required colony
density. All existing and new colonies will be managed to meet the
spirit and intent of these provisions, in the judgement of the Building
Inspector, Code Enforcement Officer, Village Engineer or Village designee,
who retain the authority to cancel the beekeeping permit if these
standards are not met. In such an event, if in disagreement, the beekeeper
shall have 30 days to appeal said cancellation to the Zoning Board
of Appeals.
(6)
Water. Each beekeeper shall ensure that a convenient source
(within colony property area and near the hive or hives) of water
is available to the bees in sufficient quantity as a function of number
of hives, specifically at any time during the year when temperatures
are regularly 50° F. or higher and the bees are active.
(7)
Absence. The beekeeper shall maintain a log on site recording
significant hive activities (such as disease infestation). If the
beekeeper does not reside on the property, or plans to be away, he/she
or a knowledgeable representative shall visit same no less frequently
than approximately weekly during the months of higher bee activity,
and approximately bimonthly at other times except if specific circumstances
necessitate more frequent attention. The beekeeper shall provide contact
information in case of an emergency. The on-site log shall reflect
having met this regulation, and shall be made available for review
by the Village or any person with authority to inspect the hives.
(8)
A nontransferable license must be obtained from the Code Enforcement
Officer prior to the keeping of honeybees on a lot and shall be subject
to an annual renewal.
(a)
Each application and renewal application shall be accompanied
by information on the number of hives and colonies and their location.
(b)
If an applicant is not the owner of the lot the license application
shall be accompanied by a notarized letter from the owner authorizing
the keeping of honeybees.
(c)
Prior to issuance of the license, the CEO shall inspect the premises and confirm in writing that the standards in § 200-18.1C are met.
(d)
The Village Board may establish by resolution a fee for each
license and renewal thereof.
(e)
The initial license application and each renewal application
shall require the applicant to provide notice of beekeeping activity
to adjacent property owners. Such notice shall include the applicant's
contact information in the event that there are questions or concerns.
(9)
Incidental sales of honey from the hives may be permitted by
the beekeeper.
D.
It shall be unlawful to cause, permit or allow any animals, hens
or honeybees to be kept in such a manner as to constitute a nuisance
or to create a hazard to public health or in any manner which either
annoys, disturbs, injures or endangers, or tends to annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety of
the public.
E.
Compliance requirements.
(1)
Owners of hens, honeybees or other animals other than household
pets existing on a lot within the Village at the time of adoption
of this section shall have 90 days from the effective date to come
into compliance with the provisions of this section and obtain a license
or site plan approval.
(a)
Existing hives, chicken coops and other structures which are
noncompliant by exceeding the maximum permitted size or coverage may
continue to be used provided that all other approvals and licenses
are obtained, but shall not thereafter be enlarged.
(b)
Any owner of hens, honeybees or other animals (other than household
pets) who exceeds the permitted number of such hens, honeybees or
other animals (other than household pets) at the time of adoption
of this local law[1] may apply to the Planning Board for a special use permit
to allow the hens, honeybees or other animals (other than household
pets) to remain.
[1]
Editor's Note: "This local law" refers to L.L. No. 2-2023,
adopted 6-22-2023.
(c)
The size limitations regulate the use of the residential lot
and the Zoning Board of Appeals is without authority to issue an area
variance to permit an increase in the number of hens, honeybees or
other animals (other than household pets) permitted on a lot.
(2)
Any agricultural activities conducted on properties in an agricultural
district may be exempt from these restrictions if so provided by Agriculture
and Markets Law Article 25-AA, as amended.
F.
Inspection. The Village of Red Hook, or its designee, or any governmental
agency with jurisdiction shall have the right to inspect animal enclosures
and beehives at any time with 24 hours' notice, except in an
emergency, when notice shall be given to the extent practicable.
G.
Violations. In addition to the penalties in Article VII of the Zoning Law:
(1)
A license for the keeping of hens or bees shall be automatically
revoked for a period of two years upon conviction of a second offense
and no new license for the same property or owner shall be issued
for a period of two years from the date of conviction.
(2)
A beekeeping permit shall be revoked if the beekeeper fails
to maintain the colony in a safe and secure manner.
[Amended 2-14-2022 by L.L. No. 2-2022]
A.
General provisions.
(1)
Only one accessory dwelling shall be permitted on a lot as an accessory
use to a one-family dwelling unit.
(2)
The accessory dwelling unit shall be no larger than 35% of the existing
habitable floor space of the one-family dwelling, whether in the same
structure or in a separate detached structure, and shall provide not
less than 500 square feet of habitable space.
(3)
All Uniform Code or other requirements under local law or ordinance
and other applicable laws and regulations shall be complied with,
and both a building permit and a certificate of occupancy shall be
obtained before occupancy.
(4)
The applicant shall certify that the water supply is potable by certification
through the Dutchess County Department of Behavioral and Community
Health and shall further certify that water-conserving fixtures have
been installed for the accessory dwelling in accordance with Environmental
Conservation Law § 15-0314.
(5)
The applicant shall certify that the sewage disposal system is adequate
for the two dwelling units. Certification may be obtained by a licensed
professional engineer or the Code Enforcement Officer.
(6)
Any new exterior entrance created to accommodate the accessory dwelling
unit shall be located at the side or the rear of the structure. Stairways
leading to any floor or story above the first floor shall be located
within the walls of the building wherever practicable. In no instance
shall a stairway or fire escape be located on any wall fronting on
a street.
(7)
Off-street parking satisfying the requirements of § 200-33 of this chapter shall be located on the parcel on which the accessory dwelling unit is located. Parking, where practicable, will be located behind the dwelling units.
(8)
If the accessory dwelling is located in a detached structure, the
accessory dwelling shall receive site plan and special use permit
approval from the Planning Board.
(9)
An area variance for side and rear yard setbacks shall not be required
to convert an accessory structure legally existing as of June 30,
2021, into an accessory dwelling if no expansion or enlargement of
the detached structure is proposed.
Cesspools and septic tanks shall require approval by the Dutchess
Department of Health.
A.
Family day-care homes.
(1)
The Planning Board must find that the home is a private residence
and meets all applicable zoning requirements.
(2)
The proposed provider must be certified by the Dutchess County Department
of Social Services that he or she meets the requirement of the Department
and has received clearance from the Central Registry on Child Abuse.
(3)
A map, drawing or photograph shall be submitted to the Planning Board
sufficient for the Board to make a determination that automobile access,
egress and drop off is safe and within reasonable proximity to the
house.
B.
Child-care facility.
[Amended 8-14-2023 by L.L. No. 3-2023]
(1)
The facility's operator shall show compliance with the regulations
of the New York State Office of Children and Family Services.
(2)
The setbacks, height, bulk and minimum frontage for the underlying
zoning districts shall apply. However, in the R10,000 and R20,000
Districts, in no case shall any building be less than 30 feet from
an adjacent residence nor shall parking be placed closer to a front,
side or rear property line than 25 feet.
(3)
A minimum of one off-street parking space for each employee shall
be provided in addition to visitor and dropoff parking in the amount
of one space per five children.
(4)
The proposed use shall be subject to site plan review by the Planning
Board. The Board shall particularly examine any proposed facility
to be certain that the visual and aural impact of the facility is,
to the extent possible, consistent with the character of the zoning
district in which it is located and that appropriate measures and
features are included to assure the safety of the children.
[Amended 2-1-2014 by L.L.
No. 1-2014]
A drive-through window is permitted in the General Business District as a specially permitted accessory use, subject to approval by the Planning Board. A drive-through window shall meet the special permit standards set forth in § 200-15 of this chapter and the additional criteria set forth below:
A.
A drive-through window shall not be located on a lot of less than
1.5 acres.
B.
The drive-through window and queuing lane shall be located at the
rear or side of the building that it serves, or, if on a corner lot,
the sides of the building not facing the streets.
C.
Any building extension to accommodate the drive-through window shall
be consistent with the architectural design of the structure.
D.
Only one drive-through window shall be permitted on a lot. Remote
speaker posts or ordering locations are not permitted.
E.
The drive-through window shall be clearly secondary in nature to
the primary use.
F.
A minimum queuing of six vehicle spaces shall be provided for a drive-through
window. The proposed queuing shall not create a significant adverse
impact on vehicular and pedestrian circulation within the site, including
emergency vehicles, nor shall it impact vehicular or pedestrian circulation
on any street. The Planning Board may require additional queuing spaces.
G.
A bypass lane with a maximum width of 12 feet may be required by
the Planning Board.
H.
The drive-through window shall be located a minimum of 50 feet from
a street and/or intersection of streets.
I.
The drive-through window and all associated structures, lighting
and signage shall maintain a minimum distance of 100 feet from a residential
district.
J.
Lighting for the drive-through window shall not exceed any lighting
standard set forth in the Village of Red Hook Zoning Law.
K.
The noise associated with speakers/talk back devices shall not be
audible from inside a structure across any real property boundary,
where all exterior doors and windows are closed.
L.
The hours of operation for a drive-through window shall be reviewed
and approved by the Planning Board, but shall in no case be earlier
than 8:00 a.m. nor later than 10:00 p.m., except for a drive-through
window consisting of an automated teller machine.
M.
A traffic study shall be required prior to the review and approval
of a drive-through window and the study must show that the addition
of the drive-through window shall not exceed the capacity of the ingress/egress
of the site and will not negatively impact the streets that serve
the site. The Planning Board may require that such study include an
analysis of the number of required queuing spaces based on the proposed
use.
N.
The applicant shall mitigate to the extent practicable any negative
impacts on pedestrian circulation due to the drive-through window.
O.
Any signage related to the drive-through window shall be consistent
with the Village of Red Hook Zoning Law.
P.
The Planning Board may impose additional stipulations as deemed necessary.
No dump as defined herein shall be permitted within the Village
of Red Hook except as approved by the Village Board and the Dutchess
County Department of Health.
No special permit shall be granted for the expansion of an educational
institution unless such institution has a minimum of 400 feet of frontage
on a road designated as a primary or secondary road on the Master
Plan.
In districts where permitted by Article III or on the premises of a building occupied by a church, civic organization or similar nonprofit group in any district, a permit may be issued under the terms of § 200-15 for a fair, carnival or circus for a period not to exceed three days in any calendar year.
A.
No dwelling shall be erected on a lot which does not abut on at least
one street for a distance of not less than 40 feet.
B.
No dwelling may be built or erected directly behind another dwelling
having access on the same street and within 200 feet thereof. "Directly
behind another dwelling" means with more than 1/2 the width of the
structure so placed.
The provisions of this section are intended to protect and maintain
the residential character of the districts in which such uses are
permitted. To assure that home occupations are incidental to the residential
use of the property:
A.
Only one home occupation per residential unit shall be permitted.
B.
All home occupation activities shall be conducted within the enclosed
space of the principal building or other structure accessory thereto.
No outdoor storage or displays shall be permitted.
C.
No more than one nonresident employee shall be permitted.
D.
No more than 25% of a residential building's floor area (not to exceed
500 square feet) shall be devoted to such use.
E.
No exterior visual evidence of the existence of a home occupation shall be permitted other than signage as provided for in § 200-38.
F.
Services and instruction offered shall be limited to no more than
three clients or customers on the premises.
G.
The use shall not result in increases in truck traffic on abutting
streets.
H.
All parking shall be provided on site.
I.
No offensive noise, vibration, smoke, fumes, heat or glare shall
be produced.
The following shall apply in addition to all other regulations
of the Village with respect to kennels:
A.
Area. The minimum land area per establishment shall be five acres.
B.
Frontage. The minimum frontage per establishment shall be 300 feet.
C.
Yards. No structure, including dog runs or other structures for the
housing of animals, shall be placed closer than 100 feet from any
property line. No other structure shall be placed closer than 80 feet
to any front property line or 50 feet from any side or rear property
line.
A.
A complete plan of existing and proposed landscaping shall be submitted
to and approved by the Planning Board in the site plan approval process.
This plan shall detail the type, number, size and location of each
plant species. To minimize erosion and stormwater runoff and to maintain
and improve the aesthetics of the Village, all portions of the lot
not used for buildings, structures, off-street parking and loading,
permitted outdoor storage, driveways and walkways shall be landscaped
and maintained in accordance with the provisions of this section.
B.
All plantings shown on the site plan shall be maintained in a vigorous
growing condition throughout the duration of the use, and plants not
so maintained shall be replaced with new plants at the beginning of
the immediately following growing season.
C.
All shrubs and trees shall be protected from possible damage inflicted
by vehicles using the parking area or access drives by means of a
raised concrete curbs placed at the edge of the pavement or other
methods deemed appropriate for this purpose by the Planning Board.
D.
In connection with the review of any site plan application for a
nonresidential use, a landscaped buffer around the perimeter of the
parking areas and travel lanes may be required.
[Amended 2-1-2014 by L.L.
No. 1-2014]
E.
Landscaping. Parking areas shall be designed and landscaped to avoid
long, uninterrupted rows of vehicles. In parking lots of 20 or more
spaces, 10% of the parking area shall be surfaced with landscaping,
such as curbed planting islands, distributed throughout the lot and
to be located at the discretion of the Planning Board. Trees bearing
seed pods, fruit, nuts or other material that may damage parked cars
or injure pedestrians are to be avoided. The Planning Board shall
consider the standards for parking lot landscaping in Dutchess County
Greenway Guides E-1 and E-3.
[Added 2-1-2014 by L.L.
No. 1-2014[1]]
F.
When any nonresidential zone abuts a residential zone, there shall
be a minimum 25 feet buffer between the two zones. The buffer shall
be located within the nonresidential zone's property lines. It shall
be at the discretion of the Planning Board to dictate the type, quantity
and size of the required landscaping and/or screening. Also, the Planning
Board may reduce the required twenty-five-foot buffer area when it
deems that unique conditions exist and, in the view of the Planning
Board, an adequate landscape/screening plan is submitted and is acceptable.
The Planning Board may require a licensed landscape architect to prepare
the plan.[2]
[2]
Editor's Note: See Diagram Y located at the end of this chapter.
G.
Unique natural areas and open spaces such as streams, marshes, steeply
sloped areas, woodlands and historic architectural features which
would add value to the development or to the Village as a whole shall
be preserved.
H.
Where normal activities associated with a proposed use involve loading,
stacking or other noise-generating work, the location of the involved
docks or doors, as well as the orientation of buildings, shall be
modified to mitigate these adverse impacts if at all practical.
I.
Exterior lighting proposed for the site shall be planned, erected
and maintained so that light is confined to the property and will
not cast direct light or glare upon adjacent residential properties.
J.
All outside trash receptacles (except those intended for use by customers)
shall be so designed, constructed and maintained as to allow no view
of trash storage from the street and shall be located within an enclosure
of opaque materials and shall be provided with opaque gates of the
same height. The height of the enclosure shall be at least as high
as the trash receptacles.
Motor courts or motels, where allowable under this chapter,
shall conform to the following requirements:
A.
Each rental structure shall contain at least eight rental units.
B.
Automobile parking space to accommodate not less than one car for each rental unit, plus one additional space for every two persons regularly employed on the premises, shall be provided. In addition, if the motel includes restaurants, taverns or meeting rooms as necessary uses, parking for these uses shall be provided as required by §§ 200-34 and 200-41.
C.
Each rental unit shall be supplied with hot and cold running water
and equipped with a flush toilet. All such fixtures and those of any
accessory uses shall be properly connected to the Village water and
sewer systems or other arrangements for water supply and sewage disposal
made which are approved by the Dutchess County Health Department.
[Amended 2-14-2022 by L.L. No. 2-2022]
A.
Number of units permitted.
(1)
In the GB and GWB Districts, there is no limit on the number of apartments
permitted in a mixed-use or commercial building provided a minimum
of 600 square feet of habitable floor area per apartment is provided,
adequate provision is made for water and wastewater and all other
dimensional requirements are met. In the NMU District, six apartments
are permitted per building.
(2)
In buildings with more than five apartments, at least 20% of the
apartments shall have two or more bedrooms. The required number of
units shall be rounded down to the nearest whole number.
B.
Specific development standards.
(1)
Applicant shall connect to municipal sewer system if available or
obtain approval of wastewater disposal system from the Dutchess County
Department of Behavioral and Community Health.
(2)
All parking and service areas shall be screened with plantings or fencing from adjacent properties and streets in addition to the design standards in § 200-16.
(3)
Adequate sight distance shall be provided at all entrances and exits,
as may be required by the agency of jurisdiction.
In all districts, on a corner lot within the triangular area
formed by the center lines of streets from their intersection, as
shown on the schedule below, there shall be no obstruction to vision
between the height of 3 1/2 feet and the height of 10 feet above
the average grade of each street at the center line thereof. The requirements
of this section shall not be deemed to prohibit the construction of
any necessary retaining wall.
|
Sight Distance for Various Street Widths
| |
|---|---|
|
Street Right-of-Way
(feet)
|
Distance from Intersection
(feet)
|
|
80 or more
|
120
|
|
70 to 79
|
110
|
|
60 to 69
|
100
|
|
50 to 59
|
90
|
|
40 to 49
|
80
|
|
Under 40
|
70
|
[1]
Editor's Note: See Diagram Z located at the end of this chapter.
A.
General provisions.
(1)
Permanent off-street automobile storage, parking or standing space
shall be provided as set forth below at the time of the erection of
any building or structure, at the time any building or structure is
enlarged or increased in capacity by adding dwelling units, guest
rooms, seats or floor area or before conversion from one zoning use
or occupancy to another. Such space shall be deemed to be required
open space associated with the permitted use and shall not thereafter
be reduced or encroached upon in any manner. Except in a driveway,
no required front yard or portion thereof in any residential district
shall be utilized to provide parking space required in this chapter.
(a)
ADA requirements. Parking areas shall comply with all applicable
federal, state and local requirements of the Americans with Disabilities
Act.
[Added 2-1-2014 by L.L.
No. 1-2014]
(2)
Location. No parking shall be permitted in a front yard. Parking
spaces located in the side yard shall be substantially screened from
public view and shall be located behind the front building line. See
Diagram 10 in Appendix A, Attachment 200c.[2] One- and two-family residential structures are not subject
to this provision.
[Added 2-1-2014 by L.L.
No. 1-2014[3]]
(3)
If the vehicle storage space or standing space required by this chapter
cannot be reasonably provided on the same lot on which the principal
use is conducted, the Board of Appeals or Planning Board may permit
such space to be provided on other off-street property, provided that
such space lies within 400 feet of the main entrance to such principal
use. Such vehicle parking space shall be deemed to be required open
space associated with the permitted use and shall not thereafter be
reduced or encroached upon in any manner.
(4)
Vehicle parking or storage space maintained in connection with an
existing and continuing principal building, structure or land use
on the effective date of this chapter shall be continued and may not
be counted as serving as a new building, structure, addition or land
use, nor shall any required parking space be substituted for an off-street
loading and unloading space, nor any required loading and unloading
space be substituted for parking space.
(5)
Combined parking; joint use.
(a)
The required parking space for any number of separate uses may
be combined in one lot, but the required space assigned to one use
shall not be assigned to another use at the same time, except that
1/2 of the parking space required for churches, theaters or assembly
halls whose peak attendance will be at night or on Sunday may be assigned
to a use which will be closed at night or on Sunday.
(b)
In the case of two or more establishments on the same lot, the
Planning Board may approve the joint use of parking areas with a total
capacity of not less than 50% of the sum of the spaces required for
cars, and using the same driveways giving access thereto, provided
that the same Board finds that the proposed capacity will substantially
meet the intent of the requirements by reason of variation in the
probable time of maximum use by patrons or employees among such establishments.
Joint use of parking areas shall be subject to the following requirements:
if a use enlarged or changed, the Planning Board shall have the discretion
to require full compliance for each separate use upon finding that
condition justifying joint use no longer exist.
(c)
In order to encourage safe and convenient traffic circulation,
the Planning Board may require that adjacent parking areas be connected
to one another or to a service road or access drive wherever feasible.
If such a connection cannot be made, the Planning Board may require
the property owner to reserve areas on the site for future interconnection,
in a manner approved by the Planning Board Attorney. For examples
of interconnected parking lots, see Illustrated Sketch Plans 2 and
3.[4]
[Added 2-1-2014 by L.L.
No. 1-2014]
[4]
Editor's Note: This diagram is on file in the Village offices.
(6)
No off-street automobile parking or storage space shall be used or
designed, arranged or constructed in a manner that will obstruct the
use of any street, alley or adjoining property.
(7)
The parking spaces provided along with their necessary driveways
and passageways shall be paved in a manner adequate to eliminate dust
and mud problems. Plans for such parking spaces are to be included
with the plans for the construction of buildings and other structures
and are to be presented to the Code Enforcement Officer at the time
application for zoning permits are to be filed. Such parking areas
are kept free of obstructions and unsightly objects. Intersections
of sidewalks and street pavement in parking areas with must be made
in an approved manner to provide adequate drainage of parking areas.
(8)
No commercial motor vehicle of more than one-ton capacity shall be
parked or stored overnight on the street in any residential district.
(9)
Each parking space shall be at least nine feet wide and 18 feet long.
Backup and maneuvering aisles shall be at least 24 feet wide, as shall
any street access, in order to accommodate two-way traffic, or 18
feet to provide one-way traffic.
(10)
EV parking. Two EV charging stations for customer use shall be provided in parking lots of 40 or more parking spaces. The EV charging stations shall count towards the total amount of required parking under § 200-33B and be used exclusively for EV parking.
[Added 2-1-2014 by L.L.
No. 1-2014]
(11)
Bicycle parking. In parking lots of 20 or more parking spaces, a bicycle rack or racks shall be provided, capable of holding one bicycle for every 750 square feet of building space that the lot services. Each bicycle rack shall allow secure locking of the frame, be securely anchored to the ground, and resist rusting, cutting, bending or deformation. The Planning Board shall consider the visibility and convenience of the bicycle rack location and § 85-1 of the Village Code during site plan review.
[Added 2-1-2014 by L.L.
No. 1-2014]
B.
Detailed provisions. Parking spaces for the following uses shall
be required as follows:
(1)
Amusement/recreation facilities: one parking space for every five
customers computed on the basis of maximum servicing capacity at any
one time, plus additional space for every two persons regularly employed
on the premises.
(2)
Apartments (multifamily dwellings, row houses or townhouses): 1 1/2
parking spaces for each dwelling unit.
(3)
Auditoriums, public assembly and stadiums: one parking space for
every three persons to be based on the maximum design capacity of
the building.
(4)
Bed-and-breakfast/boardinghouse: one parking space for each sleeping
room occupied by roomers or boarders, plus one parking space for each
dwelling unit on the premises and one additional space for every employee
on the premises.
(6)
Clubhouses and permanent meeting places of veterans, business, civic,
fraternal, labor and other similar organizations: one parking space
for every 50 square feet of aggregate floor area in auditorium, assembly
hall and dining room of such building, plus one additional space for
every two persons regularly employed on the premises.
(7)
Dental and medical clinics: three parking spaces for each doctor
or dentist, plus one additional space for every employee.
(8)
Eating establishments/restaurants: one parking space for every 100
square feet of total floor area.
(9)
Electrical shops/plumbing: parking or storage space for all vehicles
used directly in conduct of the business, plus one parking space for
each two persons regularly employed on the premises.
(10)
Funeral homes: parking or storage space for all vehicles used
directly in the conduct of the business, plus one parking space for
every two persons regularly employed on the premises and one space
for every six seats in the auditorium or chapel at such establishment.
If the establishment does not have a chapel or auditorium, the additional
parking to be required for funeral visitors shall be determined by
the Board of Appeals based on the number of funerals that can be handled
at one time, the size of the facilities and other relevant factors.
(11)
Hotels: one parking space for each sleeping room offered for
tourist accommodation, plus 1/2 for each dwelling unit on the premises
and one additional space for every one person regularly employed on
the premises.
(12)
Indoor retail or service business: parking or storage space
for all vehicles used directly in the conduct of such use, plus one
parking space for every 250 square feet of building area for retail
uses and every 300 square feet for service business uses.
[Amended 2-1-2014 by L.L.
No. 1-2014]
(13)
Industrial plants and facilities: parking or storage space for
all vehicles used directly in the conduct of such industrial use,
plus one parking space for every three employees on the premises for
the two largest shifts.
(14)
Public/private schools: one parking space for every five seats,
occupied at maximum capacity in the assembly hall, stadium or gymnasium
of greatest capacity on the school grounds or campus. If the school
has no assembly hall, auditorium, stadium or gymnasium, one parking
space shall be provided for each person regularly employed at such
school, plus two additional spaces for each classroom.
(15)
Libraries: parking or storage space for all vehicles used directly
in the operation of such establishment, plus four parking spaces for
the first 1,000 square feet of total floor area and one additional
space for every additional 150 square feet of floor area.
(17)
Museums: parking or storage space for all vehicles used directly
in the operation of such establishment, plus four parking spaces for
the first 1,000 square feet of total floor area and one additional
space for every additional 150 square feet of floor area.
(18)
Nursing homes: one parking space for every two beds computed
on the basis of the maximum bed capacity of the structure.
(19)
Offices: one parking space for every 200 square feet of office
space.
(20)
Outdoor retail business: parking or storage space for all vehicles
used directly in the conduct of such business, plus one parking space
for every two persons employed on the premises and such additional
space as may be required by the Planning Board based on the nature
of the business and other related factors.
(22)
Public garages: indoor or outdoor parking or storage space for
all vehicles used directly in the conduct of such business, plus three
parking spaces for each person regularly employed on the premises.
(23)
Residences: one parking space for each dwelling.
(24)
Self-service laundries and/or dry-cleaning plants: one parking
space for every two washing machines and/or two dry-cleaning machines.
(25)
Service stations; motor vehicle repair: parking or storage space
for all vehicles used directly in the conduct of the business, plus
one parking space for each gas pump, three spaces for each grease
rack and one space for every two persons employed on the premises
at maximum employment on a single shift.
(27)
Transportation terminals: one parking space for every 100 square
feet of waiting room space, plus one additional space for every two
persons regularly employed on the premises.
(28)
Wholesale businesses: parking or storage space for all vehicles
used directly in the conduct of such business, plus one parking space
for each two persons employed on the premises based on maximum seasonal
employment.
[1]
Editor's Note: See Diagrams W and X located at the end of
this chapter.
A.
General provisions. On the same premises, with every building or
structure or part thereof hereafter erected and occupied for the purpose,
there shall be provided and maintained adequate space for the parking
of commercial vehicles while loading and unloading off the street
or public alley or, if there is no alley, to a street. Off-street
loading and unloading space shall be in addition to and not considered
as meeting a part of the requirements for off-street parking. Off-street
loading and unloading space shall not be used or designed, intended
or constructed to be used in a manner to obstruct or interfere with
the use of any street, alley or adjacent property. Off-street loading
and unloading space shall be provided as set forth below at the time
of erection of any building or structure and/or at the time any building
or structure is enlarged or increased in capacity. Loading docks and
storage areas shall be provided at the rear or side of the building.
The Planning Board may require that loading docks be screened by walls,
fencing, or landscaping as approved by the Planning Board. The Planning
Board may require shared access to loading docks through the use of
common loading zones or service roads of adjacent buildings. Truck
traffic and loading operations shall not interfere with pedestrian
and automobile traffic.
[Amended 2-1-2014 by L.L.
No. 1-2014]
[1]
Editor's Note: See Diagrams W and X located at the end of
this chapter.
No sports arena or other place of assembly having a capacity
of more than 1,000 persons shall have entrances or exits on other
than streets that have been designated as primary or secondary streets
in the Master Plan. Where feasible, access should not be on streets
intended primarily for residential use.
A.
No public garage or motor vehicle service station or private garage
for more than five cars shall have a vehicular entrance closer than
200 feet to an entrance to a church, school, theater, hospital, public
park, playground or fire station. Such measurement shall be taken
as the shortest distance between such entrances across the street
if the entrances are on the same side of the street or within the
same square block.
B.
All motor vehicle service stations shall be so arranged as to require
all servicing on the premises and outside the public right-of-way.
All fuel pumps shall be located to the rear of the principal structure.
On a corner lot, the principal structure(s) must be located along
both frontages with the pumps to the rear.
[Amended 10-15-2018 by L.L. No. 4-2018]
C.
No inoperative motor vehicle shall be kept on the premises of a motor
vehicle service station for longer than two weeks.
D.
All waste material shall be stored within a structure or enclosed
within fencing at least eight feet high and not be a nuisance.
E.
On any streets which provide access to gasoline pumps, all repair
facilities shall be at least 15 feet farther from the street line
than the side of the gasoline pumps farthest from the street line.
[1]
Editor's Note: See Diagram H located at the end of this chapter.
Satellite dish antennas may be installed subject to the following
conditions:
A.
No more than one satellite dish antenna shall be allowed on any lot.
B.
All satellite dish antennas shall be properly anchored as determined
by the Code Enforcement Officer.
C.
The construction and installation of satellite dish antennas shall
conform to all applicable building codes and other regulations and
requirements.
D.
Satellite dish antennas shall be adequately grounded.
E.
Subject to the provisions contained herein, satellite dish antennas
shall be located only in the rear yard of any lot. Notwithstanding
the foregoing, a satellite dish antenna may be located on a lot greater
than five acres in any location that is set back at least 100 feet
from a public road and 100 feet from adjoining property lines, provided
that it is not visible from a public road.
F.
The color of the antenna should be compatible with its surroundings.
G.
A landscaped evergreen planting screen shall be provided for any
ground-mounted satellite dish antenna to screen it from the view of
adjacent lots and public view, unless such screening interferes with
signal reception.
H.
A satellite dish antenna shall not be located less than 10 feet from
any easement.
I.
A satellite dish antenna shall not exceed a diameter of 12 feet.
J.
Wiring between a ground-mounted satellite dish antenna and a receiver
shall be placed beneath the surface of the ground.
Except as otherwise provided herein, no sign shall be erected, moved or altered without first obtaining a permit from the Code Enforcement Officer as provided by § 200-49D. Such permit shall confirm compliance with the following provisions:
A.
General provisions.
(1)
Signs are an accessory use only and are not permitted as a principal
use. Signs used for advertising shall be limited in quantity and length
of time to be displayed. They are to serve as site or business identifiers,
not as advertising instruments. Wherever located and whatever their
nature, signs shall conform to the following:
(a)
No attached sign shall extend within a street or road property
line unless said line is the building line, in which case a sign may
extend over the street or road property line for a distance not exceeding
four feet. Such a sign shall be visible from a road, street or public
thoroughfare and high enough to prevent any interference with normal
traffic patterns.
(b)
No freestanding sign larger than eight square feet shall have
less than three feet of open space at the bottom, extending its entire
length.
(c)
No sign shall exceed 10 feet in height or extend above the facade
of the building to which it is attached.
(d)
In matters of setback from the street or road, required yards
and other such respects, freestanding signs larger than eight square
feet shall be regarded as buildings within the meaning of this chapter.
(e)
Signage located in a window or door shall occupy no more than
25% of the glazing area of that window or door and shall not be illuminated.
(2)
Rules for measuring signs.
(a)
Back-to-back signs, identical signs arranged back-to-back or
diverging by less than 30° from a common line or point, may be
counted as one sign.
(b)
The area of a sign consisting of insignia or other device shall
be calculated as the smallest polygon or circle possible of enclosing
the insignia.
(c)
The total area of hanging or facade signs may be divided among
a number of distinct signs equal to the number of businesses. However,
only one freestanding sign will be permitted on a lot.
(3)
Design and lighting of signs.
(a)
The use of moving signs, or the use of flashing or intermittent
lighting in connection with signs, or the use of internally illuminated
signs, shall not be permitted.
(b)
Floodlights for the illumination of signs shall be so located
and/or shielded as not to interfere with the enjoyment of residential
use or detract from the safety of motorists. This shall require that
the edge of the beam of any artificial light source shall not cross
any property line of a lot on which the sign is situated. For this
purpose, the "edge of the beam" is defined as the surface at which
the intensity of the light does not exceed 10% of the luminescence
of the center of the beam.
(4)
Signs to be removed.
(b)
Structural signs. Any nonconforming sign that is a structure
or a removable part of a structure existing at the time of the adoption
of this chapter or an amendment thereto shall be discontinued.
(c)
Any conforming sign that is in a state of disrepair or that
applies to a use that no longer exists shall be repaired, replaced
or removed, as appropriate.
(5)
Permitted signs. In the following districts, the following signs
shall be permitted:
[Amended 9-12-2016 by L.L. No. 4-2016]
(a)
In residence districts:
[1]
A real estate sign not larger than 12 square feet only when
placed on the property for sale or rent.
[2]
Any sign necessary for the identification, operation or protection
of a public utility installation.
[3]
Any sign incident to a legal process or necessary to the public
welfare.
[4]
One bulletin board not exceeding eight square feet in area for
a church or other nonprofit institution.
[5]
One home occupation sign not exceeding two square feet in area
per dwelling.
[6]
Temporary signs displayed only to advertise campaigns, drives
or events sponsored by civic, nonprofit, educational or religious
institutions for a period of greater than 30 days.
(b)
In business or industrial districts:
[1]
Signs as permitted in residence districts.
[2]
Business or identification signs not exceeding 12 square feet
in area for any hanging sign; or 24 square feet for any sign parallel
to and flat against the facade of a building; or 15 square feet for
a freestanding sign.
[3]
Where buildings are set back from the roadway by greater than
50 feet, an attached wall sign not exceeding 60 square feet.
[4]
One home occupation sign not exceeding two square feet in area
per dwelling.
(6)
Signs not subject to permit process. The following signs shall be
permitted and not subject to the permit process:
(a)
One sign denoting the name and address of the occupants of the
premises, which shall not exceed one square foot in area.
(b)
One sign denoting the contractor, placed on the premises where
construction, repair or renovation is in progress, which will not
exceed 12 square feet for nonresident sites and three square feet
for residential sites. Such signs must be removed upon termination
and/or completion of the work project.
(c)
Temporary signs displayed only to advertise campaigns, drives
or events sponsored by civic, nonprofit, educational or religious
institutions for a period of not more than 30 days.
(e)
In a business district, notwithstanding the prohibition on internally illuminated signs in Subsections A(1)(e) and A(3)(a), one internally illuminated window sign per business not to exceed 1.5 square feet (216 square inches) which is illuminated with a constant intensity, no flashing, intermittent or moving lights, only illuminated during business hours, and further subject to all other limitations in § 200-38, including but not limited to the limitation that signage located in a window or door shall not occupy more than 25% of the glazing area of that window or door.
[Added 6-12-2023 by L.L.
No. 1-2023]
B.
Signs and billboards: business complex.
(1)
Business complex directory. When three or more businesses share access
to and from a road or highway, a single accessory business directory
containing business signs or announcements which does not exceed one
square foot for every 1,500 square feet of the total floor area, but
in no case exceeding 20 square shall be permitted. Lighting shall
be as required by the Planning Board. The sign must have three feet
of open space at the bottom extending the entire length. The sign
must be no higher than 10 feet.
(2)
Individual business identification signs in a business complex. One
sign only for each individual business location within a business
complex shall be mounted parallel and flush to building face or mounted
on a bracket perpendicular to the building face or hung from the porch
ceiling. All hanging signs must have a minimum of eight feet of clearance
between the bottom surface of the sign and the grade directly beneath
the sign. These signs shall be a maximum of four square feet in area.
None of these signs may be lighted.
(3)
To ensure proper circulation, smaller directory placards may be placed
on or about the building at specified locations, the size and location
as stipulated by the Planning Board.
(4)
Roof signs are prohibited above coping, eaves or cornices.
The storage of alcohol, gasoline, crude oil, liquefied petroleum
gas or any other highly flammable liquid in aboveground tanks in an
amount greater than 550 gallons shall be permitted only when such
tanks up to and including 10,000 gallons' capacity are placed not
less than 50 feet from all property lines and when all such tanks
of more than 10,000 gallons' capacity are placed not less than 100
feet from all property lines. Any such storage having a capacity greater
than 550 gallons shall be properly diked with earthen dikes having
a capacity not less than 1 1/2 times the capacity of the tank
or tanks surrounded.
A temporary permit may be issued by the Code Enforcement Officer
for a period not exceeding one year for a nonconforming use incident
to housing and construction projects, including such structures and
uses as storage of building materials and machinery, the processing
of building materials and a real estate office located on the tract
being offered for sale, provided that such permits are conditioned
upon agreement by the owner or operator to remove the structure or
structures or use upon expiration of the permit. Such permit may be
renewed yearly, upon application to the Code Enforcement Officer,
for an additional period of one year.
