A structure may be constructed on any lot lawfully established
prior to adoption of this chapter if said lot is less than the minimum
area required for building lots in the district in which it is located,
provided that the following conditions exist or are met:
A.
Availability of adjacent vacant land. No structure shall be erected
on any nonconforming lot if the owner of said lot owns any adjoining
vacant land which would create a conforming lot if said vacant land
were combined with the deficient lot.
B.
Side yards. The width of a side yard and total side yards, when required,
may be reduced in the same proportion as the actual lot width ratio
is to the required lot width; provided, however, that no structure
shall be constructed on a nonconforming lot unless it shall have a
minimum side yard of five feet and total of 15 feet.
C.
Front and rear yards. No structure shall be constructed on a nonconforming lot unless it shall have front and rear yards conforming to the minimums required for the district in which said lot is located, except as said lot may meet the conditions set forth below in § 360-16C of this chapter.
D.
Lot width. The minimum lot width of any lot shall be measured along
the minimum building setback line, as required for the district in
which it is located.
E.
Corner lots. At all street intersections, no obstruction to vision,
other than an existing building, post, column, tree or hedges, exceeding
30 inches in height above the established grade of the street at the
property line shall be erected or maintained on any lot within the
triangle formed by the street lot lines of such lot and a line drawn
between the points along such street lot lines 30 feet distant from
their points of intersection.
F.
Through lots. In the case of a lot running through from one street
to another, the front of such lot shall, for the purposes of this
chapter, be considered that frontage upon which the majority of the
buildings in the same block front, but in case there has been no clearly
defined frontage established, the owner may, when applying for a building
permit, specify on the permit application which lot line shall be
considered the front line. The rear portion of such a lot shall, however,
be treated as a lot front for the purposes of determining required
setbacks and locations of permitted structures and uses so as not
to detract from the aesthetic quality of the second street frontage.
G.
Reduction of required area or space. The area or dimension of any
lot, yard, parking area or other space shall not be reduced to less
than the minimum required by this chapter, except as provided in this
chapter, and if already less than the minimum required by this chapter,
said area or dimension may be continued but shall not be further reduced.
A.
General application. No building or structure shall have a greater
number of stories nor have an aggregate height of a greater number
of feet than is permitted in the district in which such building or
structure is located, except as noted elsewhere in this chapter.
B.
Exceptions. District building height regulations shall not apply
to flagpoles, radio or television antennas, transmission towers or
cables, spires or cupolas, chimneys, elevator or stair bulkheads,
penthouses, parapets or railings, water tanks or cooling towers or
any similar structures, provided that such structures:
Every part of a required yard must be open to the sky and unobstructed,
except for accessory buildings in the rear or side yard and except
for the ordinary projection of uncovered porches, balconies, steps,
sills, belt courses, cornices and/or ornamental features, not to exceed
four inches.
A.
Side yards. Where the side wall of a building is not parallel to
the side lot line or the side lot line is broken or otherwise irregular,
the side yard may be varied. In such case, the average width of the
side yard shall not be less than the otherwise required minimum width;
provided, however, that such yard shall not be narrower at any one
point than 1/2 the otherwise required minimum width.
B.
Corner lots. Any corner lot, as defined herein, shall have a setback
equal to the required front yard from any street right-of-way. The
side yard of a corner lot may be determined by the owner if there
are no conflicting adjacent uses, and provided that the Building Inspector
concurs in the selection.
C.
Front yard exception. When a vacant lot is situated between two improved
lots, each having a principal building within 25 feet of any side
lot line of such unimproved lot, the required front yard may be reduced
to yards of the two adjoining improved lots, but shall not be less
than 10 feet. However, where such lot fronts on a right-of-way proposed
to be widened, as shown on the Official Map of the City of Plattsburgh,
the front yard shall be as required for the district in which the
lot is located and shall be measured from the proposed future right-of-way.
D.
Existing roofed porches. Existing roofed porches which project into
the required yards may be enclosed.
E.
Projections into required yards. The following projections into required
yards may be permitted:
(1)
Open fire escapes may project six feet into side or rear yards.
(2)
Awnings or movable canopies may project six feet into any yard.
(3)
Cornices or eaves may project three feet into any yard.
(4)
Chimneys.
(5)
Uncovered steps and porches at ground-floor level may project into
any yard not to exceed the following:
(a)
The width of the porch and/or steps may not exceed the lesser
of eight feet or 1/4 the width of the wall upon which it is located.
(b)
The depth of the porch may not exceed the lesser of six feet
or 1/5 the width of the wall upon which it is located.
(c)
The depth of step treads shall not exceed one foot.
(6)
Handicap access ramps are permitted at the discretion of the Building
Inspector for as long as they are needed by the owner or tenant.
F.
Transition yard requirements.
(1)
Where a residence district abuts a nonresidence district on a street
line, there shall be provided in the nonresidence district, for a
distance of 35 feet from the district boundary line, a front yard
at least equal in depth to that required in the residence district.
(2)
Where the side or rear yard in a residence district abuts a side
yard in a nonresidence district, there shall be provided along such
abutting line or lines a side or rear yard at least equal in depth
to that required in the residence district. In no case, however, shall
the abutting rear yard be less than 25 feet.
A.
The maximum percentage of land coverage by principal and accessory
buildings or structures, including covered patios and carports, on
each zone lot shall not be greater than is permitted in the district
where such principal and accessory buildings are located.
B.
The minimum percentage of land dedicated to open space on each zone
lot shall not be less than is required in the district in which such
lot is located. In calculating open space, the following criteria
shall apply:
(1)
Areas used and/or paved as parking area(s), as defined herein, shall
not be included as open space.
(2)
Areas covered by buildings or structures or their projections, except
projections specifically permitted elsewhere in this chapter, shall
not be included as open space.
(3)
Areas paved or otherwise covered and used as uncovered patios, swimming
pools, tennis courts or similar recreation-oriented uses may be included
as open space, provided that such uses do not comprise more than 1/3
of the required open space.
A.
There shall be not more than one principal use structure nor more than two accessory use structures, of which no more than one shall be a private garage, on each lot intended or used for purposes permitted in the zone in which it is located, except as provided in § 360-21, Planned unit developments, of this chapter.
A.
Unattached accessory structures in R-1, R-2 and RH Districts. Accessory
structures which are not attached to a principal structure may be
erected in accordance with the following requirements:
(1)
An accessory building shall not exceed 12 feet in average height
and shall be located in the rear yard only.
(2)
No accessory structure shall be located within five feet of side
or rear lot lines.
(3)
For corner lots, the setback from all streets shall be the same for
accessory buildings as for principal buildings.
B.
Attached accessory structures in R-1, R-2, RH Districts. When an
accessory structure is attached to the principal building, it shall
comply in all respects with the yard requirements of this chapter
applicable to the principal building.
C.
Accessory structures in other than R-1, R-2, RH Districts. Accessory
structures shall comply with front, side and rear yard requirements
for the principal structure to which they are accessory.
A.
Enclosed uses. Any enclosed use as may be required by this chapter
to be landscaped in accordance with this subsection shall provide
a fence, screen or landscaping sufficient to obscure such uses from
view from abutting properties lying in R-1, R-2, or RH Districts or
from public rights-of-way.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Unenclosed uses. Any use which is not conducted within a completely
enclosed building, including, but not limited to, junkyards, storage
yards and lumberyards and building materials yards, and which use
is in, abuts or is adjacent to an R-1, R-2, or RH District or fronts
on a public right-of-way shall be obscured from view from such R-1,
R-2, or RH Districts and public rights-of-way in an effective manner.
This subsection shall not apply to nurseries and the display for sales
purposes of new or used cars, trucks, trailers, boats, bicycles, motorcycles
or farm equipment, except that such uses shall be obscured from R-1,
R-2, or RH Districts not separated from such use by a public right-of-way.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Approval by the Planning Board. Plans and site design for the installation
of required fences or landscaping shall be reviewed by the Planning
Board prior to issuance of a building permit for such uses as are
required by this chapter to be provided with such fences or landscaping.
D.
Maintenance. Any fencing or landscaping installed in accordance with
this section shall be maintained in good order to achieve the objectives
of this section. Failure to maintain fencing or to replace dead or
diseased landscaping shall be considered a violation of this chapter.
A.
PLANNED UNIT DEVELOPMENT
Definitions. As used in this section:
[Amended 10-25-2018 by L.L. No. 5-2018]
A subdivision plat or plats, approved pursuant to City Code Chapter 300, Subdivision of Land, in which the minimum lot size requirements, minimum yard requirements, and minimum open space requirements as specified in Schedule II[1] of this chapter of the City Code, and in which the maximum number of structures and dwelling units on a lot as specified in § 360-18 of this chapter of the City Code, and any amendments thereto, may be varied to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands.
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
B.
Purpose. The purpose of a planned unit development shall be to enable
and encourage flexibility of design and development of land in such
a manner as to preserve the natural and scenic qualities of open lands.
C.
Grant of authority and general conditions.
(1)
This procedure may be followed at the discretion of the Planning
Board if, in said Board's judgment, its application would benefit
the City.
(2)
A planned unit development shall result in a permitted number of building lots or dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter 360 applicable to the district or districts in which such land is situated and conforming to all other applicable requirements. Provided, however, that where the plat falls within two or more contiguous districts, the Planning Board may approve a planned unit development representing the cumulative density as derived from the summing of all units allowed in all such districts and may authorize any actual construction to take place in all or any portion of one or more of such districts.
(3)
The Planning Board as a condition of plat approval may establish
such conditions on the ownership, use, and maintenance of such open
lands shown on the plat as it deems necessary to ensure the preservation
of the natural and scenic qualities of such open lands. The Planning
Board shall consider the goals, objectives and recommendations contained
in the City of Plattsburgh Comprehensive Plan, the City of Plattsburgh
Local Waterfront Revitalization Plan, and the Re-Use Plan for the
former Plattsburgh Air Force Base before approving such plan.
(4)
The minimum percentage of open space contained in the entire PUD shall be the minimum percentage required by Schedule II for the zoning district in which the PUD is located. In calculating the area of required open space, § 360-17B of this chapter shall apply. In addition, any land below the low-water mark in Lake Champlain, as determined from the year prior to that in which the PUD is proposed, shall not be considered as open space for purposes of the calculations.
(5)
The plat showing such planned unit development may include areas
within which structures may be located, the height and spacing of
buildings, open spaces and their landscaping, off-street open and
enclosed parking spaces, streets, driveways, and any other features
required by the Planning Board. In the case of a residential plat
or plats, the dwelling units permitted may be, at the discretion of
the Planning Board, in detached, semidetached, attached, or multistory
structures.
(6)
Planned unit developments are permitted in all zoning districts except
RH.
(7)
A planned unit development may include any mixture of uses, permitted
as of right or by special use permit that are permitted within the
zoning district.
(8)
In reviewing and approving all plans, the Planning Board, in addition
to the standards set forth herein, may utilize the standards of the
subdivision and site plan review requirements, as well as the opinions
of the City Planner, other department heads and City consultants.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(9)
No tract, parcel or lot or tracts, parcels or lots shall be developed
as a planned unit development unless it shall contain an area of adjoining
and contiguous land as specified in the following table and shall
contain sufficient access to the public road system as designated
on the Official Map of the City of Plattsburgh, as amended. For the
purpose of this section, internal streets, roads and rights-of-way
shall not be deemed to divide acreage of a planned unit development.
Development of planned unit developments shall contain an area of
adjoining and contiguous land as follows:
[Amended 10-25-2018 by L.L. No. 5-2018]
|
Zone District
|
Minimum Land Area
(acres)
|
|---|---|
|
R-1
|
5
|
|
R-2
|
5
|
|
B-1
|
5
|
|
B-2
|
5
|
|
C
|
3
|
|
I
|
5
|
|
RC-1
|
5
|
|
RC-2
|
5
|
|
RC-3
|
10
|
D.
Guidelines for review and approval of planned unit developments.
The Planning Board shall consider the following guidelines in reviewing
and approving planned unit developments. Notwithstanding the use of
the word "shall," the Planning Board may vary the requirements of
the guidelines upon a showing that standards for obtaining an area
variance have been met.
(1)
Boundary line and internal street setback requirements.
(a)
Boundary line setback requirements. All buildings, structures
and uses shall be set back no less than as required for front yard
setback in Schedule II from all external streets.[2]
[2]
Editor's Note: Schedule II, providing area and bulk controls for all districts, is included as an attachment to this chapter.
(b)
Internal street setback requirements. All buildings and structures
for principal or accessory nonresidential uses shall be set back no
less than 25 feet from any public or private street within a planned
unit development.
(2)
Building height. No building or structure shall have a height greater
than as provided in this chapter.
(3)
Distance between buildings. The minimum distance between any two
buildings, other than buildings containing common walls, shall be
not less than as computed under the following formula.
|
S=LA+LB+2(HA+HB)
|
|
6
|
|
Where:
| |||
|
S
|
=
|
Required minimum horizontal distance between any wall of Building
A at any given level and any wall of Building B at any given level
or the vertical prolongation of either.
| |
|
LA
|
=
|
Total length of Building A. Building A shall be that structure
which is of equal or greater length of the two buildings selected.
| |
|
LB
|
=
|
Length of Building B.
| |
|
HA
|
=
|
Height of Building A. The height of Building A is the average
height above the finished grade of the structure.
| |
|
HB
|
=
|
Height of Building B.
| |
(4)
Land use density. The land use density and minimum lot size requirements
set forth in this chapter for the district in which the planned unit
development is located shall apply. However, land use density calculations
shall be based on the overall development, without regard to or requirement
for division of the site.
(5)
Open space.
(a)
Required percentage of site. The percentage of the site dedicated
to open space shall be equal to the requirements set forth in this
chapter for the district in which the planned unit development is
located. In the case of multiple uses located in a single planned
unit development, the floor area ratios of the various uses will be
calculated to determine an average open space percentage, which shall
be applied to the site.
(b)
Computation. Any required open space may include common recreation
areas and required buffer areas for computation purposes.
(c)
Modification. The Planning Board, at its discretion, shall have
the right to reduce the required minimum area of open space if the
following conditions are met: if one or more tracts, parcels or lots
are required to be dedicated for public use or public purpose, including,
but not limited to, schools, fire stations, police facilities, libraries
or other similar municipal uses, but not including utility, sewer
or stormwater drainage easements, water or sewer improvements, roadways
or any other recreational facilities or other similar dedication required
by this chapter.
(d)
Circulation and off-street parking requirements. In a planned
unit development, off-street parking facilities shall be provided
in accordance with the following requirements.
[1]
Size of parking spaces and aisles. The size of off-street parking spaces and aisles shall conform to the provisions of § 360-26 of this chapter.
[2]
Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in § 360-26 of this chapter.
[3]
Access. There shall be adequate provision for ingress and egress
to all parking spaces. Access drives or driveways shall be no less
than 12 feet wide for ingress or egress and 24 feet wide for both
ingress and egress, except that for single- or two-family dwellings,
access drives or driveways shall be not less than 10 feet wide for
both ingress and egress. No driveway or access drive shall be closer
than 50 feet to the point of intersection of the street lines of any
two intersecting streets.
[4]
Location. All off-street parking or loading areas for uses other
than single-family detached dwellings shall meet the minimum setback
requirements.
[5]
Mixed or multiple uses. In the case of mixed or multiple uses within a single structure or building or in the use of land, the amount of off-street parking required shall be determined by the sum of the requirements of the various uses computed separately in accordance with § 360-26 of this chapter, except where the applicant can demonstrate to the satisfaction of the Planning Board that another method of computation will adequately serve the proposed mixed or multiple use.
(6)
Off-street loading requirements. In any planned unit development, off-street loading berths shall be provided and maintained on the same site with such building in accordance with the requirements of § 360-26 of this chapter.
(7)
Streets.
(a)
The right-of-way and pavement widths of all internal streets,
roads and vehicular traveled ways shall be determined from sound planning
and engineering standards in conformity with the estimated needs of
the full proposed development and the traffic to be generated thereby.
They shall be adequate in size, location and design to accommodate
the maximum traffic, parking and loading needs and the access of firefighting
and police vehicles. All streets and roads, either dedicated public
streets or privately owned and maintained or any combination thereof,
shall be subject to all City ordinances and regulations, as well as
the laws of the State of New York with regard to construction.
(c)
Exceptions to these limitations shall be made after review and
written approval by the City Planner.
[Amended 8-17-2017 by L.L. No. 3-2017]
(d)
When deemed necessary by the Planning Board, the landowner shall
provide a continuous street circulation system with adjoining land
areas.
(e)
The proposed street system shall conform to the proposals and
conditions shown on the Official Zoning Map and Comprehensive Plan,
except as may be modified by the Planning Board or governing body,
as provided by law.
(8)
Other improvements.
[Amended 8-17-2017 by L.L. No. 3-2017]
(a)
All utility improvements, including storm drainage systems,
sanitary sewage collection and disposal and water supply systems,
shall be in accordance with the standards and procedures as established
by other local, county and state regulations. Said improvements shall
be subject to review and approval by the City Planner and City boards,
as well as appropriate county and state agencies.
(b)
Utility service. Utility service shall be provided by the developer
in concert with the appropriate public utilities providing such service.
Said service shall be provided as a part of an underground system.
If such facilities cannot be reasonably provided due to topography
or geologic condition of the land or due to technological circumstances
and if the landowner shall adequately demonstrate the lack of feasibility
of such an undertaking to the satisfaction of the Planning Board,
a waiver of this requirement may be granted by the Planning Board.
(c)
Street improvements. Monuments, street names and other traffic
control devices, shade trees, streetlights, sidewalks, curbs, fire
hydrants and all aspects of street construction, as well as other
improvements, shall be subject to local regulations and City Planner
approval.
(d)
Consistency with approved land use plans. When reviewing PUDs
and site plans for proposals located within the former Plattsburgh
Air Force Base and/or within the OL-W (Overlay District - Waterfront),
the Planning Board shall require consistency to the maximum extent
practicable with the City of Plattsburgh Comprehensive Plan, City
of Plattsburgh Local Waterfront Revitalization Plan and any approved
or accepted base reuse plans. Open space and recreation areas on said
plans shall be conserved as open space to the maximum extent practicable.
E.
Notice and public hearing. The proposed planned unit development shall be subject to review at a public hearing or hearings held pursuant to City Code Chapter 300, Subdivision of Land, for the approval of plats.
F.
Filing of plat. On the filing of the plat in the office of the County
Clerk or register, a copy shall be filed with the City Clerk, who
shall make appropriate notations and references thereto on the City
Zoning Map.
A.
Stripping of topsoil. No person, firm, corporation or governmental
agency shall strip, excavate or otherwise remove topsoil for sale
or for use other than on the premises from which the same shall be
taken, except in connection with the construction or alteration of
a building on such premises and excavation or grading incidental thereto.
B.
Excavating, filling. No re-grading or similar operations shall commence
on any lot unless in conjunction with construction on the premises
for which a building permit has been duly issued or unless a detailed
plan for the proposed operation indicating existing natural topography
and proposed topography and incorporating all necessary drainage features
has been submitted to the Building Inspector and a building permit
for the operation has been issued.
C.
Garage sales. A garage, porch, lawn, yard or similar sale shall be
permitted on all residential lots for a maximum of two sale events
per calendar year, with a duration of not more than four days per
event.
D.
Except as permitted as part of an approved subdivision or planned
unit development, no driveway or private street shall be constructed
on any lot that connects two streets, or that provides access to a
lot not owned by the owner of the lot where the driveway or private
street enters a City street. Except as permitted by ordinance of the
Common Council, no driveway or private street shall be approved as
part of a subdivision, planned unit development or otherwise if the
City Planner finds that the maximum allowed development of all lots
likely to be served by the proposed driveway or private street may
result in more than a 25% increase in traffic flow on any City street
located in a R-1 or R-2 or RH District. The provisions of this subsection
may not be varied by the Zoning Board of Appeals, but may be varied,
waived or modified by ordinance by the Common Council.
[Amended 8-17-2017 by L.L. No. 3-2017]
A.
Amusement center, bowling alley and similar places of amusement:
(1)
Such uses shall be conducted entirely within an enclosed structure.
(2)
Off-street parking areas shall be screened from adjoining residential properties in accordance with § 360-20 of this chapter.
(3)
A principal structure shall be not less than 20 feet from any property
line.
(4)
There shall be no offensive noise or vibration.
(5)
No bowling alley, skateboard facility or roller-skate or roller-blade
rink shall be maintained or operated within 300 feet of an entrance
or exit of a public or private school, public library, church, hospital,
children's home or homes for the aged and other similar public or
semipublic institutions.
B.
Commercial outdoor recreational facilities.
(1)
Such uses include golf courses, ice-skating rinks, amusement parks,
beach swimming facilities, swimming pools, tennis courts and similar
facilities.
(2)
In any district where permitted, no building shall be located within
50 feet of any property line.
(3)
In any district where permitted, there may be permitted retail sales
which are clearly secondary to the principal use.
(4)
Unenclosed recreational facilities shall be located not less than 25 feet from any property line, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining residential uses in accordance with the provisions of § 360-20 of this chapter.
(5)
Illuminated signs and other lights shall be directed away or shielded
from adjoining residential properties in such a way as not to disturb
the occupants thereof.
(6)
No public address system shall be permitted, except where such system
is inaudible at any property line.
(7)
All commercial outdoor recreational facilities shall not occupy a
lot or parcel of less than 20,000 square feet, and such lot or parcel
shall not be less than 120 feet in width nor less than 150 feet in
depth.
C.
Private swimming pools. Such uses shall include permanent and portable
swimming pools and hot tubs, as defined herein, and such swimming
pools shall be accessory to a principal use and shall be regulated
as follows:
(1)
Such use may be erected or constructed only on the same lot as the
principal structure.
(2)
Such use may be erected or constructed only in the rear yard of such
structure, and the waterline shall be distant not less than 10 feet
from the rear lot line nor less than five feet from any side yard,
principal structure or accessory structure attached thereto.
(3)
Such use shall be fully enclosed by a secure fence not less than
four feet in height and in accordance with the requirements of the
New York State Uniform Fire Prevention and Building Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Adult use or entertainment establishments.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
No adult use and entertainment establishment shall be located:
(a)
Within 500 feet of the boundary of any residential zoning district;
or
(b)
Within 500 feet of the property line of any preexisting residential
property, church, synagogue, mosque or other place of worship, school,
day-care facility, park, or playground;
(c)
Within 200 feet of the center line of the NYS Routes 3, 9, and
22.
(2)
The adult use shall be conducted entirely within an enclosed building. No "specified anatomical areas" or "specified sexual activities" (as defined in § 360-5 of this chapter) shall be visible at any time from outside the building. This requirement shall also apply to any sign or display.
(3)
No outside displays or advertising other than an approved sign shall
be permitted.
(4)
Such use will be allowed only by a "special use permit."
A.
Public utilities services.
(1)
Enclosed essential services; permanent structures. Such uses shall
include electric substations, transformers, switches and auxiliary
apparatus serving a distribution area and water pumping stations in
R Districts and shall be subject to the following regulations:
(a)
Such facility shall not be located on a residential street,
unless no other site is available, and shall be so located as to draw
a minimum of vehicular traffic to and through such streets.
(b)
The location, design and operation of such facility shall not
adversely affect the character of the surrounding residential area.
(c)
Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 360-20 of this chapter.
(d)
Noise emitted from electric substations shall be kept at a minimum.
(2)
Open essential services. Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment; and accessories in connection therewith which is reasonable and necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings, and, where applicable, the landscaping regulations of § 360-20 of this chapter shall apply.
B.
Fire stations and police stations. Such facilities shall be permitted
in all R Districts, provided that:
(1)
Such facility is necessary to serve the surrounding residential area
where it is not possible to serve such area from a facility located
in B-1 Districts or less restrictive districts.
(2)
Such facility shall not be located on a residential street, unless
no other site is available, and shall be so located as to draw a minimum
of vehicular traffic to and through such streets.
C.
Hospitals, institutions, philanthropic uses, sanatoriums and nursing
and convalescent homes.
(1)
No building or structure or group of buildings or structures shall
occupy a lot area of less than four acres. No building or structure
shall be located closer than 30 feet from any front lot line and 50
feet from any side or rear lot line. Hospital facilities of 50 beds
or less shall comply with all regulations of this subsection, except
that a minimum lot area of two acres is required.
D.
Nursery schools and day-care facilities. Such use shall be subject
to the following minimum requirements:
A.
Drive-in business. Such businesses, where persons are served in automobiles,
shall be not closer than 200 feet to an R District and shall be located
on a public street having a pavement width of not less than 36 feet
and shall provide ingress and egress so as to minimize traffic congestion.
The number and location of curb cuts shall be subject to the review
and approval of the Police Department.
B.
Automobile washing establishments. In addition to meeting the minimum
yard and lot coverage requirements, these establishments shall be
subject to the following regulations:
(1)
Such establishments shall not be closer than 200 feet to an R District.
(2)
Such establishments shall be located on a public street having a
pavement width of not less than 36 feet and shall provide ingress
and egress so as to minimize traffic congestion.
(3)
Such establishments, in addition to meeting the standard off-street parking and loading requirements of § 360-26 of this chapter, shall provide at least 15 off-street automobile waiting spaces on the lot in the moving lane to the automobile washing building entrance so as to reduce the number of waiting automobiles in the public street.
C.
Automobile service and repair establishments. In any district where
permitted, automobile service stations and repair garages shall conform
to the following:
(1)
All repair work and storage shall be within a completely enclosed
building, with no openings in the side or rear walls less than 15
feet from any lot line.
(2)
No access drive shall be within a radius of 200 feet of a school,
public library, theater, church or other public gathering place, park,
playground or fire station.
(3)
Service stations shall be permitted only on lots of 10,000 square
feet or more, with a minimum frontage of 100 feet. Gasoline pumps
and other such facilities shall be located at least 20 feet from a
street right-of-way line and 20 feet from any side or rear lot line.
D.
Industrial districts.
(1)
The following uses, new or expanded, shall not be located closer
than 200 feet to any business district nor 300 feet to any residence
district:
(2)
Contractors' yard. A contractor's yard shall be located at least
100 feet from a district boundary and shall be completely screened
and enclosed by a six-foot fence.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Where an industrial district abuts any residence district or a recreation-commercial district, a landscaped area, at least 20 feet in width, shall be provided along any such district boundary. Such area shall be screened from adjoining properties in accordance with the provisions of § 360-20 of this chapter.
E.
Excavation for extractive operations and soil mining.
(1)
Any excavation operation shall not adversely affect the drainage
or structural safety of adjoining lots and buildings or contribute
to soil erosion by wind or water. Open excavations deeper than 10
feet or having a slope greater than 30° from the horizontal shall
be surrounded by a fence at least six feet high and no closer than
50 feet to the edge of the excavation or other hazardous condition.
The slope of a pile of any material excavated shall not exceed its
normal angle of repose. No excavation shall take place nor shall any
mechanical equipment be stationed or supplies or excavated material
stored any closer than 100 feet to the lot line of the lot being excavated.
(2)
Before excavation starts, plans indicating the extent of planned
excavation and proposed site rehabilitation after excavation ceases
shall be submitted to the Building Inspector and a performance bond
posted with the City Clerk in an amount equal to the estimated cost
of rehabilitation as determined by the Building Inspector. Such performance
bond shall be released after the Building Inspector certifies that
rehabilitation has been completed.
F.
Cryptocurrency mining operations.
[Added 10-25-2018 by L.L.
No. 6-2018]
(1)
COMMERCIAL CRYPTOCURRENCY MINING
CRYPTOCURRENCY
HIGH-DENSITY LOAD SERVICE
SERVER FARM
Definitions.
The commercial process by which crytocurrency transactions
are verified and added to the public ledger, known as the block chain,
and also the means through which new units of cryptocurrencies are
released, through the use of server farms employing data processing
equipment. For purposes of this section, any equipment which requires
a high-density load service, or any server farm, will constitute a
commercial cryptocurrency mining operation.
A digital currency in which encryption techniques are used
to regulate the generation of units of currency and verify the transfer
of funds, operating independently of a central bank.
The provision of electrical service where the requested load
density has, for any monthly billing period, either an average power
demand in excess of 300 kilowatts, or an average power density in
excess of 250 kilowatt- hours per year per square foot, equivalent
to 35.064 square feet per kilowatt, at 100% load factor. "Square footage"
is defined as leased or owned boundaries of floor space devoted to
the operating data processing equipment, and excludes space for offices,
storage, shipping and receiving, or any other space that is not electronic
processing.
Three or more interconnected computers housed together in
a single facility whose primary function is to perform cryptocurrency
mining or associated data processing.
(2)
Firesafety.
(a)
Fire suppression. An active clean agent fire protection system must
be provided and maintained in good working order within any structure
which contains a commercial cryptocurrency mining operation. High-sensitivity
smoke detectors shall be installed and operational in order to activate
this clean agent fire suppression system.
(b)
There shall be an emergency electricity termination switch installed
outside of any containment structure which contains a commercial cryptocurrency
mining operation.
(c)
Containment space. The equipment used in any commercial cryptocurrency
mining operation shall be housed in an individually metered, electrically
grounded and metal-encased structure with a fire rating designed to
resist an internal electrical fire for at least 30 minutes. The containment
space shall contain baffles that will automatically close in the event
of fire independent of a possible electric system failure.
(d)
All building requirements required by this section, including, but
not limited to, heat transfer apparatuses, fire detection/suppression
systems, or containment structures shall be designed by a New York
State licensed engineer and in accordance with all applicable codes
and standards.
(3)
Heat.
(a)
The ambient temperature inside of a containment space which houses
a commercial cryptocurrency mining operation shall not exceed 120°
F. at any time. No person shall be permitted to regularly inspect
and work within the containment area which houses a commercial cryptocurrency
mining operation if the ambient temperature within the containment
area exceeds 90° F.
(b)
Any commercial cryptocurrency mining operation shall ensure that
no more than 20% of the heat dissipated by the mining activity shall
be released directly to the outside when the average daily temperature
is less than 40° F.
(4)
Nuisance
abatement.
(a)
No commercial cryptocurrency mining operation may cause adverse or
detrimental effects to adjoining lessees, owners, or residents that
diminish the quality of life or increase the costs of serving their
business or maintaining their homes.
(b)
No commercial cryptocurrency mining operation shall produce a noise
level exceeding 90 dB from a distance of 25 feet from the exterior
of the containment structure.
(5)
Special
use permit. A special use permit, pursuant to this chapter of the
City Code, is required for any new commercial cryptocurrency mining
operation, and any expansion of any pre-existing commercial cryptocurrency
mining operation, in order to ensure conformance with this section.
(6)
Effective
date; applicability.
(a)
This subsection shall take effect immediately upon filing in the
office of the New York State Secretary of State.
(b)
This subsection shall apply to all building permit or zoning applications
pending at the time it becomes effective, unless the reviewing Council
or Board shall determine that its application would be impracticable
or unjust in the particular circumstances.
In all districts, off-street automobile parking spaces and truck
loading areas for the various permitted uses shall be required at
the time any of the main buildings or structures of such uses are
constructed, moved or altered.
A.
Off-street parking requirements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Required off-street automobile parking spaces. The minimum cumulative
number of spaces shall be determined by the amount of dwelling units,
guest rooms, floor area, members, equipment, employees and/or seats
contained in such new or moved buildings or structures or added by
such alteration of buildings or structures, and such minimum number
of spaces shall be maintained thereafter. The occupancy rating of
a structure shall be determined by the Building Inspector in accordance
with the requirements of the New York State Uniform Fire Prevention
and Building Code.
(2)
The number of off-street parking spaces required for uses is set
forth in the following table. When a proposed use is not listed, the
Building Inspector shall base his determination of the parking requirement
on the most analogous use.
|
Use
|
Parking Spaces
|
Measurement Unit
| |
|---|---|---|---|
|
All office uses
|
1
|
250 square feet
| |
|
Private recreation facilities
|
2
|
Each, lane, court, or similar facility
| |
|
Dance halls and skating facilities
|
1
|
Each 50 square feet of dance or skating area + parking required
as specified herein for other uses
| |
|
Eating and drinking establishments
|
1
1
|
Per 50 square feet customer area
Per 250 square feet other area
| |
|
Elementary schools
|
2
|
Per classroom
| |
|
High schools and colleges
|
5
|
Per classroom
| |
|
Funeral homes
|
1
1
|
Per 50 square feet reception
Per 4 auditorium seats
| |
|
Home occupations
|
Number required for residential occupancy plus 1 space
| ||
|
Hospitals
|
1
1
|
Per 2 beds
Per 300 square feet of other space
| |
|
Hotels and motels, lodging and bed-and-breakfast
|
1
|
Per rental unit
| |
|
Industrial operations
|
1
|
Per 400 square feet
| |
|
Industrial storage
|
1
|
Per 2,000 square feet
| |
|
Libraries
|
1
|
Per 200 square feet
| |
|
Mobile home parks
|
1
|
Per mobile home unit
| |
|
Licensed nursing homes and group residences
|
1
|
Per 500 square feet
| |
|
Museums
|
1
|
Per 500 square feet
| |
|
Outdoor storage and vehicle sales or rental lots
|
1
|
Per 3,000 square feet of lot area
| |
|
Auditoriums, theaters, stadiums, meeting halls
|
1
|
Per 4 seats of maximum seating capacity
| |
|
Retail sales, service, banks and government buildings
|
1
|
Per 250 square feet open to public + spaces required as provided
elsewhere for areas not open to public
| |
|
Residential dwellings
| |||
|
Single family home two family homes, townhouses
and condominiums
|
1
|
Per dwelling unit; plus 1 additional space for each adult member
of a family over 2
| |
|
Three family and multifamily dwellings
|
2
1.75
|
Per dwelling unit for the first 10 units;
Per dwelling unit over 10 units + 1 additional space per dwelling
unit for each adult occupying the unit over 2
| |
|
Nursery schools and day-care facilities
|
1
|
Per 100 square feet of gross floor area
| |
B.
Overlay parking district(s).
(1)
Two overlay parking districts are hereby established to provide parking
for lots within such districts that are of insufficient size to provide
on site parking. Such districts are designated as:
(2)
The underlying zoning district parking requirement applies to lots
located within an Overlay District - Parking. The parking requirement
of the underlying district may be satisfied by public parking upon
a determination by the Building Inspector, or the Zoning Board of
Appeals, that:
(a)
The land and building, when constructed or occupied, will be
subject to the parking district special assessment, or the lot owner
has agreed to make a payment equal to such assessment and in lieu
thereof.
(b)
There is insufficient land to meet all or part of the parking
requirements on the lot.
(c)
Each lot within the district shall be presumed to be entitled
to use a number of public parking spaces equal to the minimum number
of spaces required in the underlying zone. In the case of a combination
of uses, the total requirements for off-street automobile parking
spaces shall be the sum of the requirements for the various uses,
unless it can be proven to the Building Inspector that staggered hours
of use would permit modification. Whenever an ultimate fraction of
a space is required, a full space shall be provided.
(d)
The property's parking demand is not likely to be greater than
the minimum number of spaces required in the underlying zone.
(e)
If the parking demand is determined to be greater than the required
minimum number of spaces, the Building Inspector, or the Zoning Board
of Appeals, may permit the property to be used or occupied for the
owner's intended purpose if it is determined there are sufficient
public parking spaces to meet such demand, and the property owner
agrees to pay an additional parking assessment for such excess parking.
(f)
The Building Inspector or Zoning Board of Appeals may require
the lot owner to provide a parking survey, in such form as he/it determines
is appropriate, to assist him/it in making the determinations required
by this section.
C.
Off-street parking design standards.
(1)
Size
of space.
(a)
Every such space provided shall be at least nine feet wide and
18 feet long, and every space shall have direct and usable driveway
access to a street or alley, with minimum maneuver area between spaces
as follows:
[1]
Parallel curb parking: five feet additional between each 18-foot
space, with a 12-foot aisle width for one-directional flow and a 24-foot
aisle for two-directional flow.
[2]
30° parking: 13-foot
aisle width for one-directional flow and 26-foot aisle width for one-directional
flow and 26-foot aisle width for two-directional flow.
[3]
45° parking: 16-foot aisle width for one-directional flow
and 26-foot aisle width for two-directional flow.
[4]
60° parking: 21-foot aisle width for one-directional flow
and 26-foot aisle width for two-directional flow.
[5]
Perpendicular parking: 26-foot aisle width for one-directional
and two-directional flow.
(2)
Location of parking areas.
(a)
In R-1, R-2 and RH Zones, off-street automobile parking spaces
and maneuver areas shall be provided in the rear or side yard, or
on a paved driveway in the front yard not more than 12 feet wide for
lots under 100 feet in width, or 20 feet wide for lots more than 100
feet in width.
(b)
In all other zoning districts, parking spaces shall be provided
on the same lot as the principal use. The Zoning Board of Appeals
may grant the lot owner a special use permit for off-site parking
on a lot not more than 500 feet from such principal use, provided
said lot is restricted by deed for use as parking so long as the principal
use remains.
D.
Location of driveways. Driveways shall be located three feet from
any property line, except when a common drive is provided.
E.
Entrances and curb cuts.
(1)
Entrance drives and/or curb cuts shall be limited in width to 60%
of the total lot frontage, but in no instance shall the aggregate
width of such drives total more than 70 feet on any one street frontage.
The maximum width of any single drive shall be 30 feet, and there
shall be a minimum landscaped island of not less than five feet in
width between drives.
(2)
The remaining lot frontage shall be physically separated from the
street by means of a curb or a landscaped area at least five feet
in width.
F.
Construction of parking and maneuver areas. All open parking shall
be paved with impervious material, such as bituminous concrete, asphalt
or concrete, of sufficient depth to support the anticipated load factor
of the area in accordance with standard accepted engineering practice
and shall be adequately drained.
G.
Off-street loading requirements. Off-street loading requirements
shall be as follows:
(1)
Required
number. The required number of loading berths shall be as follows:
|
Use
|
Required Loading Berths
| |
|---|---|---|
|
General business, retail, commercial eating establishments,
offices and service establishments
|
1 per 10,000 to 25,000 square feet of floor area plus 1 for
each additional 25,000 square feet of floor area or major fraction
thereof
| |
|
Hotels/motels
|
1 per 10,000 to 25,000 square feet of floor area plus 1 for
each additional 25,000 square feet of floor area or major fraction
thereof
| |
|
Wholesale, warehouse and industrial uses
|
1 for 0 to 10,000 square feet of floor area plus 1 for each
additional 25,000 square feet of floor area or major fraction thereof
| |
(2)
Dimensions for off-street loading berths. Each required loading berth,
open or enclosed, shall have minimum dimensions of 35 feet long, 12
feet wide and 14 feet high, except that berths for funeral homes may
be 20 feet long, 10 feet wide and eight feet high.
(3)
Location of required berths. Open off-street loading berths or areas
shall not be located within required front yards.
H.
Required screening. All loading berths or parking areas of 10 cars
or more which are adjacent to a residential lot line shall be screened
by a solid wall or fence or continuous hedge at least six feet in
height.
I.
Barriers. On premises containing five or more parking spaces, all
such spaces within 15 feet of the boundaries of the premises shall
be equipped with barriers not less substantial than a four inch-square
horizontal timber anchored and located so as to confine vehicles entirely
within said premises, except in those cases where a wall is provided
on the boundaries of the premises which, in the opinion of the Building
Inspector, is of such construction as to suitably protect the adjoining
property and/or right-of-way.
J.
In R-1, R-2 and R-H districts or OL-P districts, no motor vehicle
shall be parked in the front yard of any lot, except on a paved driveway
or an approved parking area. No motor vehicle shall be parked on any
property owned by the City of Plattsburgh that lies between the improved
bounds of a City street and the lot line(s) of any lot.
[Added 9-13-2007 by L.L.
No. 10-2007; amended 5-14-2015 by L.L. No. 2-2015]
K.
Common driveways. Where the dwelling units in a two family, three
family or Townhouse residence are separately owned and served by a
common driveway the Planning Board shall require, as a condition of
site plan or subdivision approval, that the rights and obligations
of the dwelling unit owners to use and maintain such common driveway
shall be in the form of a recorded, permanent easement. The Planning
Board may require such terms and conditions in such easement (or other
recorded instrument) as it finds are necessary to ensure access, maintenance
and an equitable allocation of costs between the users. Where the
lot(s) on which a two-family residence is located are of sufficient
size to provide separate driveways for each dwelling unit, the Planning
Board may decline to approve a common driveway.
[Added 12-20-2005 by L.L.
No. 7-2005]
[Amended 11-3-2011 by L.L. No. 3-2011; 12-4-2014 by L.L. No. 3-2014]
A.
Purpose, intent and scope. It is the purpose of this section to promote
the public health, safety and general welfare through reasonable,
consistent and nondiscriminatory sign standards. The sign regulations
in this section are not intended to censor speech or to regulate viewpoints,
but to insure traffic and pedestrian safety, to preserve and enhance
the visual environment of the City and, to accommodate the signage
needs of businesses and other organizations. It is the purpose and
intent of this section to:
(2)
Protect and improve the visual appearance of the City and the value
of other property by:
(a)
Encouraging the integration of signage with architectural and
landscape designs so the overall appearance is harmonious in color,
form and proportion.
(b)
Prohibiting or restricting the number and size of signs on a
lot and regulating the method and intensity of illumination.
(c)
Preventing the placement of signs that obscure the public view
of other properties and landscapes.
(3)
Accommodate the needs of businesses and other organizations by:
(a)
Allowing for the use of new, digital sign technology.
(b)
Permitting a choice of types of signs.
(c)
Recognizing the main purpose of a sign is to provide information
about the occupants of the signed premises.
(d)
Prohibiting billboard advertising which generally is not consistent
with the main purpose of a sign.
(e)
Providing greater latitude for signs with noncommercial messages
which generally concern organizations, events and activities of interest
to the community as a whole.
B.
APPURTENANT
AREA OF SIGN
AREA OF SIGN FACE
(1)
(2)
BANNERS and PENNANTS
BILLBOARD SIGN
BUSINESS
COMMERCIAL MESSAGE
CONSTRUCTION OR PROJECT SIGNS
CUT-OUT or CUT-OUT LETTERS
DIGITAL SIGNS
(1)
(2)
(3)
DIRECTIONAL SIGN
ERECT
FREESTANDING SIGN
LOT
MESSAGE
NAMEPLATE SIGN
NONCOMMERCIAL MESSAGE
PARAPET WALL
PERSON
PROJECTING SIGN
RESIDENTIAL ZONE
ROOF SIGN
ROOFLINE
SIGN
STATIC SIGN
WALL
WALL SIGN
Definitions. For the purposes of this section, the following terms
shall have the meanings indicated.
Signs and messages that pertain to the occupants or use of
the premises the sign is affixed to.
Each side of a sign that has a message is a "face." The area
of a sign is the sum of all sign faces.
For cut-out letters, the sign face area shall be computed by
taking 3/4 of the area enclosed within the smallest single geometric
figure needed to completely encompass all letters, including vertical
and horizontal spacing between letters.
For other signs the sign face area shall be the area bounded
by the edge of the sign frame.
Any advertising device affixed to poles, wires or ropes,
such as banners, pennants, streamers, wind-operated propellers, string
lighting or other similar advertising media, but not to include properly
displayed flags of the City, state, county or country.
A sign which displays a commercial message about persons,
events or goods and services that are not actually sold or delivered
on the premises where the sign is located.
A natural person or legal entity who occupies property other
than as a residence regardless of whether the person is engaged in
commerce.
Any message that directly or indirectly names, advertises
or calls attention to a product, service, sale or sales event or other
commercial activity.
Any sign or advertising device erected on a project site
prior to or during a construction period.
Letters, numbers, emblems and symbols which are detached
or separately molded from the material from which they were made.
Not to include vinyl letters, which will be treated as paint at Building
Inspector's discretion.
Programmed, automated and interactive signs as defined herein:
PROGRAMMED SIGNSSigns that display messages that can be changed by the sign's program on a predetermined schedule.
AUTOMATED SIGNSSigns whose content and display instructions can be generated dynamically by a computer that may be part of the sign or connected via a network. Automated signs may display messages, images or video.
INTERACTIVE SIGNSSigns that display content in response to actions by nearby people.
A sign not exceeding three square feet per sign face and
with lettering not exceeding six inches in height, designed to direct
and inform the public as to the location of exits, entrances, service
areas, loading and unloading areas or similar wording of an informational
nature.
To build, construct, attach, hang, place, suspend or affix
and shall also include the painting of wall signs.
A sign that is not attached to a building or other structure
and is self-supporting.
A parcel of land, including a contiguous parcel of land under
the same ownership, or leased by the same tenant as the other contiguous
parcel of land.
Letters, words, symbols, logos, images and other visual means
of communicating information.
Any sign not more than one square foot in area used to identify
the owner or owners of a private residence.
Any message that is not a commercial message, including messages
that do not pertain to the occupants or use of the signed premises.
A low wall along the edge of a roof and being a portion of
the wall which extends above the line of the roof, with the exterior
of the extension forming a continuous plane with the wall below.
Includes any person, firm, partnership, association corporation,
company or organization of any kind.
Any sign attached to a building or other structure and extending,
in whole or in part, more than six inches beyond the building line.
R-1, RH and R-2 Zoning Districts.
Any sign erected in any way upon a building or structure
which extends above the roofline of the building or structure.
The point where any part of the roof structure first touches
or bears upon the external wall, with the exception of mansard roofs.
See also "wall."
Any structure, object, device, fixture, or placard that displays
a commercial or noncommercial message that is visible from off the
premises where the sign is located.
A sign with a message or image that does not change except
when the business located on the lot and identified on the sign changes.
A static sign may be a digital sign.
The surface area of any major plane unit of any side or face
of a building. The lower slope of a mansard roof shall, for the purposes
of this section, be deemed part of the "wall," and signs shall be
permitted in this area.
A sign attached to, painted on or erected against the wall
of a building or structure, with the exposed face of the sign in a
plane parallel to the face of said wall, including any interior sign,
whether attached to windows or otherwise, which is placed in view
of the general public from outside the building or structure A "wall
sign" shall not project from the wall in excess of six inches.
C.
Sign permit. It shall be unlawful to install, erect or display a
sign without a sign permit unless the sign is an "exempt sign".
(1)
The Building Inspector is authorized to prescribe the form and content
of sign permit applications, collect permit fees as set by the Common
Council, approve or deny applications and issue sign permits.
(2)
An applicant who is denied a permit may appeal to the Zoning Board
of Appeals for an interpretation or variance as provided in this chapter.
D.
General sign requirements. The following requirements shall apply
to all signs, including exempt signs:
(1)
Maintenance. All signs and their supports, braces, guys and anchors,
shall be of substantial and sturdy construction, shall be kept in
good repair and shall be painted or cleaned as often as necessary
to maintain a clean, neat, safe and orderly appearance.
(2)
Wind pressure and dead load requirements. All signs shall be designed
and constructed to withstand wind pressures and receive dead loads
as required by recognized engineering and construction practices in
the City of Plattsburgh.
(3)
Obstruction to doors, windows or fire escapes. No sign shall obstruct
ingress or egress to or from a door, window or fire escape. No sign
shall be attached to a standpipe or fire escape.
(4)
No sign shall be erected or maintained in a manner that obstructs
the view of motorists on public streets of traffic signs and signals,
or of vehicles on intersecting streets, or of vehicles entering or
existing driveways that intersect with a public street.
(5)
Signs that identify on premises businesses, or advertise goods or
services sold on premises, shall be changed or removed within 60 days
of when the business vacates the premises, or the advertised goods
or services are no longer sold on premises.
(6)
Lighting. Indirect or interior lighting may be used to illuminate
any sign, provided that the source of light shall concentrate the
illumination upon the area of the sign so as to prevent glare upon
the street or adjacent property. Bare incandescent light sources and
immediately adjacent reflecting surfaces shall be shielded from view.
String lighting shall not be allowed.
E.
Noncommercial messages. A permitted sign or exempt sign may display
any noncommercial message or copy in lieu of other copy.
F.
Prohibited signs. The following types of signs shall not be permitted.
G.
Exempt signs. The following types of signs are exempt from the requirement for a sign permit, but are subject to the provisions of Subsection B and the conditions of this subsection.
(1)
Except in residential zones, banners or pennants that promote or
announce an event held on the premises, but only during the duration
of the event and up to 30 days prior thereto.
(2)
Memorial signs or tablets, names of buildings and date of erection
when cut into any stone or masonry surface or when constructed of
bronze or other incombustible materials and not exceeding six square
feet in total area.
(3)
One residential nameplate sign.
(4)
Traffic control signs and signs with messages required by law.
(5)
Signs owned by the City of Plattsburgh which may display noncommercial
and commercial messages not appurtenant to the signed premises.
(6)
One sign with information about a construction project, not exceeding
96 square feet in area and 16 feet in height, erected not sooner than
six months before the commencement of construction and removed upon
completion of construction.
(7)
Directional signs.
(8)
Seasonal or holiday decorations which may be displayed for up to
six weeks.
(9)
Warning, danger, no-trespassing or similar signs, in size and number
as the Building Inspector determines is reasonably required to accomplish
their intended purpose.
(10)
For sale or rent signs. Not more than two signs advertising
real property for sale or rent that are located on the premises for
sale or rent, provided that in residential district the sign face(s)
do not exceed six square feet in the aggregate and in all other zoning
districts the sign face(s) do not exceed 32 square feet in the aggregate.
(11)
Signs located on premises that advertise the opening of a new
retail establishment for a period of not more than 15 days.
(12)
Official flags of a city, state or country, business or other
organization not exceeding 100 square feet in area.
(13)
Free expression signs. For each lot, one free expression sign
not exceeding four square feet in size (sign area) may be displayed.
The free expression sign may be displayed as an attached sign or as
a freestanding sign. If displayed as a freestanding sign, the freestanding
sign shall not exceed three feet in height. A free expression sign
is in addition to any other sign permitted under this article and
is permitted in any zoning district. Only one such sign shall be permitted
on each parcel.
(14)
Election signs. For each lot, one election sign for each candidate
and each issue may be displayed along each street frontage. An election
sign may be displayed as an attached sign or a freestanding sign.
An election sign shall not exceed 32 square feet in area, except that
election signs on cardboard shall not exceed six square feet in area.
All such signs shall be removed within 10 days following the election
to which they pertain.
H.
Additional regulations for types of sign. In addition to restrictions
contained in the definition of a type of sign, the following regulations
apply:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Freestanding signs.
(a)
The area around the base of the sign shall be kept clear of
rubbish and weeds. Permanent landscaping may be required as a condition
of the sign permit.
(b)
One freestanding sign is permitted for each lot.
(c)
The sign shall be supported entirely by posts or columns; guy
wires are not permitted.
(d)
The sign shall be set back not less than five feet from the
boundary of an adjacent public street.
(e)
The sign may not exceed 20 feet in height from ground level.
(f)
The bottom of the sign shall not be less than seven feet above
ground level.
(g)
Where the lot is occupied by one business, the sign area shall
not exceed 100 square feet.
(h)
Where the lot is occupied by more than one business, each of
which is a separate legal entity and occupies separate space within
the building, the allowable sign area is 100 square feet for the first
business plus 25 square feet for each additional business up to four,
but in no event shall the sign area exceed 200 square feet.
(2)
Wall signs.
(a)
A building may have more than one wall sign, but the total sign
area of all wall signs shall not exceed the greater of 75 square feet,
or a total sign area equal to two square feet per linear foot of the
side of a building that fronts on a street, but in no event more than
150 square feet.
(b)
A wall sign may not cover any part of a window or door opening
or project above the wall it is attached to.
I.
Digital signs. Digital signs are subject to all of the foregoing
regulations, except as modified by this subsection.
(1)
Where allowed. Digital signs are not permitted in RH, R-1, RC-2 and
RC-3 zoning districts. Digital signs of the type, number and sign
face area set forth in Table A are permitted in those zoning districts
listed in Table A.
(2)
Number allowed. There may not be more than one programmed digital
sign on a lot. There may not be more than one automated or interactive
digital sign for each business on a lot.
(3)
Light levels. Digital signs shall use automatic level controls to
reduce light levels at night and under cloudy and other darkened conditions,
in accordance with the following:
(a)
All digital signs shall have installed ambient light monitors,
and shall at all times allow such monitors to automatically adjust
the brightness level of the sign based on ambient light conditions.
(b)
Maximum brightness levels for digital signs shall not exceed
5,000 nits or candelas per square meter or (cd/m2) when measured from the signs face at its maximum brightness, during
daylight hours.
(c)
Maximum brightness levels for digital signs shall not exceed
500 nits or candelas per square meter or (cd/m2) when measured from the signs face at its maximum brightness, between
sunset, and sunrise, as those times are determined by the National
Weather Service.
(d)
Written certification from the sign manufacturer must be provided
at the time of application for a sign permit certifying that the light
intensity of the sign has been preset not to exceed the illumination
levels established by this section, and that the preset intensity
level is protected from end user manipulation by password protected
software or other approved method.
(4)
Dimensions. Digital signs shall comply with the sign area restrictions
of Table A.
(5)
Message changes. Messages must be displayed for a minimum of 30 seconds.
Transitions may not exceed three seconds. A transition is a sign display
that can use animation effects to change one message to another. Digital
signs that incorporate static and changing technologies may not use
more than one changing technology.
(6)
Animation on programmed signs. Messages may not contain the appearance
of motion or animation. Transitions between messages may contain the
appearance of motion or animation.
(7)
Transitions on programmed signs. Transitions may appear between messages.
They may not appear adjacent to other transitions.
|
Table A
| ||||||
|---|---|---|---|---|---|---|
|
Zoning District
|
Changing
| |||||
|
Static
|
Programmed
|
Automated or Interactive
| ||||
|
Number Per Lot
|
Maximum Area
(square feet)
|
Number Per Lot
|
Maximum Area
(square feet)
|
Number Per Lot
|
Maximum Area
(square feet)
| |
|
RH
|
Digital signs are not allowed.
| |||||
|
R-1
|
Digital signs are not allowed.
| |||||
|
R-2
|
1
|
24
|
1
|
24
|
1
|
2
|
|
B-1
|
1
|
100
|
1
|
50
|
1
|
2
|
|
B-2
|
1
|
100
|
1
|
50
|
1
|
2
|
|
C
|
1
|
100
|
1
|
50
|
1
|
2
|
|
I
|
1
|
100
|
1
|
50
|
1
|
2
|
|
RC-1
|
1
|
100
|
1
|
50
|
1
|
2
|
|
RC-2
|
Digital signs are not allowed.
| |||||
|
RC-3
|
Digital signs are not allowed.
| |||||
|
Historic districts and historic sites
|
Digital signs are not allowed.
| |||||
J.
Signs in residential districts. Signs are not permitted in residential
districts except:
(1)
One nameplate sign.
(2)
One sign with a sign area of not more than two square feet, identifying
a "home occupation" as that term is defined in this chapter.
(3)
One sign with a sign area of not more than 24 square feet and which
is appurtenant to a lawful nonconforming use, or use authorized by
use variance or special use permit.
(4)
In residential districts where multiple-family, condominium, townhouse
or other nonresidential uses are permitted as of right, one sign with
a sign area of not more than 24 square feet and which is appurtenant
to the permitted use.
K.
Nonconforming signs. A nonconforming sign that was lawfully erected
may continue to be maintained until it is substantially damaged, destroyed
or found to be unsafe, at which time the sign may be required to be
removed. A nonconforming sign shall not be enlarged, replaced or relocated
on the lot.
L.
Unsafe signs. If the Building Inspector finds a sign's physical condition
poses a risk of injury to persons or property he shall notify the
sign owner, in writing, by personal delivery or certified or registered
mail. The notice will specify required alterations or repairs and
a time by which the work must be completed.
M.
Violations and enforcement. In addition to the enforcement powers
and fines or penalties provided elsewhere in this chapter for violations
of this law. If a digital sign does not comply with the regulations
of this subsection, the Building Inspector may order that the sign
be reprogrammed or changed to a static sign.
A.
Nonresidential uses. Structures constructed within the general parameter
of the definition of mobile home, as defined herein, but originally
designed or subsequently adapted for nonresidential use shall not
be permitted.
B.
Location of mobile homes. All mobile homes shall be located in an
approved mobile home park, except that any mobile home used for living
or sleeping purposes, but not located in a mobile home park which
shall have been in existence and was so used and occupied at the time
of the adoption of this chapter, shall be a nonconforming use while
so used or occupied. However, if any such mobile home shall be removed
or when title to the property changes hands, then said nonconforming
use of the land shall cease.
C.
Existing mobile home parks. A mobile home park in existence on the
date of adoption of this chapter may maintain, as a minimum, the conditions
then present as to lot size and area and bulk provisions, with the
exception of floor area ratios and open space, provided that a minimum
of 10 feet of clearance is provided between a mobile home and an adjacent
mobile home or structure and a five-foot clearance to access road
edge and lot line. Also, each peripheral property line setback shall
be in conformance with district regulations.
D.
Area and bulk requirements.
(1)
Minimum size. Each mobile home park shall have a minimum of 175,000
square feet in area of adjoining and contiguous land.
(2)
Development intensity. For the purposes of this chapter, each mobile
home or mobile home site shall be considered a single-family residence,
and the mobile home park must conform to the requirements of Schedule
II, Area and Bulk Controls.[1]
[1]
Editor's Note: Schedule II, providing area and bulk controls for all districts, is included as an attachment to this chapter.
A.
Conversions. Conversions shall be permitted in all R-2 Districts
in accordance with the following provisions:
(1)
R-2 Districts. Conversions are permitted, provided that:
(a)
There shall not be more than the maximum number of dwelling
units than are permitted in the respective districts.
(b)
Such conversions may be permitted on lots of not less than the
minimum required for the district where situated, except that a substandard
lot width in itself shall not preclude conversion.
(c)
Off-street parking shall be provided in an amount not less than as set forth in accordance with the provisions of § 360-26 of this chapter.
(d)
All provisions of the state Multiple Residence Law are met.
(2)
Nondwelling structures. No commercial or manufacturing structure
originally designed for other than residential use shall be converted
to a dwelling structure nor shall any such structure which was so
converted prior to the adoption of this chapter be further converted
to provide for additional dwellings unless, in either case, such building
meets all the requirements of Schedule II for that zone, except that
substandard lot width shall not in itself preclude conversions.[1]
[1]
Editor's Note: Schedule II, providing area and bulk controls for all districts, is included as an attachment to this chapter.
B.
Home occupations. In the zoning districts, a home occupation may
be operated in any dwelling unit only if it complies with all of the
following conditions:
(1)
A home occupation may be permitted within a single dwelling unit
or in a building or other structure accessory to a dwelling unit and
only by the person or persons maintaining a dwelling therein, and
not more than one additional person may be employed or otherwise engaged
in the performance of the home occupation.
(2)
The home occupation shall not display or create outside the building any evidence of such home occupation, except that one sign complying with § 360-27J(2) shall be permitted on the lot on which the building is situated.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
The home occupation shall not utilize more than 20% of the gross
floor area of the dwelling unit, and the use, if in an accessory structure,
shall not detract from the required parking space area, except that
medical and dental offices may utilize not more than 30% of the gross
floor area of the dwelling unit.
(4)
Permitted uses shall be as defined herein and may include not more
than one of the following types of uses, provided that such uses are
clearly incidental and secondary to the use of the dwelling unit for
residential purposes:
(a)
Medical and dental offices.
(b)
Other offices, including lawyer, engineer, architect, public
accountant, financial planner, stock broker, insurance agent, bookkeeper,
real estate agent with up to one salesperson and similar uses.
(c)
Custom dressmaking, seamstress and milliner.
(d)
Artist or musician providing instruction to one pupil at a time.
(e)
Tutoring for not more than three students at a time.
(f)
Telecommunicating, telemarketing or computer-based business.
(5)
Permitted home occupants shall also comply with the following standards:
(a)
The use shall not noticeably affect the residential character
of the property or the neighborhood.
(b)
The use shall not generate pedestrian or vehicular traffic in
excess of that which is normally expected from a residence.
(c)
The use shall not create offensive glare, noise, odor and/or
vibration.
(d)
The use shall not include wholesale or retail sales of products
or materials on the premises.
(e)
The use may include only incidental stocking or warehousing
of products or materials (5% of the gross floor area of the dwelling
unit or less).
C.
Outdoor storage areas. Such uses shall not be located within 20 feet
from the nearest R District, and the operation thereof shall be governed
by the following provisions and any other conditions as may be required
by the Planning Board to protect the public health, safety, comfort,
convenience and general welfare and especially with regard to abutting
properties and the occupants thereof:
(1)
Screening, fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall and shall be screened to adequately conceal such facilities and the contents thereof from adjacent property in accordance with the provisions of § 360-20 of this chapter. Such walls and fences shall be distant not less than 25 feet from any public street.
(2)
Deposit of materials and wastes. No materials or wastes shall be
deposited on any premises in such form or manner that they may be
transferred off such premises by natural causes or forces and vandalism.
(3)
Hazardous materials. All materials or wastes which might cause fumes
or dust or which constitute a fire hazard or which may be edible by
or otherwise be attractive to rodents or insects shall be stored outdoors
only in closed containers.
D.
Excavations. In any district, excavation relating to the construction
on the same lot of a building for which a building permit has been
issued shall be permitted. In the event that construction of a building
is stopped prior to completion and the building permit is allowed
to expire, the premises shall immediately be cleared of any rubbish
or building materials, and any excavation shall immediately be filled
in and the topsoil replaced.
E.
Cemeteries. No burial or memorial plots or buildings shall be located
closer than 50 feet to any residential lot line, except that, when
a dense evergreen hedge or a wall or fence at least six feet in height
is provided, such burial or memorial plots of less than six feet in
height may be located no closer than 20 feet to any residential lot
line. Entrances and exits shall be located, wherever possible, on
major roads and streets, but under no circumstances shall minor residential
streets be used as a principal means of access to cemeteries.
F.
Retaining walls. Retaining walls shall be permitted anywhere on a
lot, provided that the following conditions are met:
(1)
Height. The vertical height of any retaining wall shall not exceed three feet. In cases where topographic features require retaining walls of greater height, the retaining wall shall be terraced with not less than three feet of horizontal surface for each three feet of vertical rise. Where terracing is not feasible, a special use permit shall be required, and the top of the wall shall be secured with a four-foot-high fence and screened in accordance with the provisions of § 360-20 of this chapter.
(2)
Construction. Retaining walls shall be constructed of masonry, concrete,
pressure-treated timber or similar material and shall be installed
in accordance with commonly accepted engineering and design standards.
(3)
Maintenance. Maintenance of retaining walls shall be the responsibility
of the owner of the property upon which such walls are located. Retaining
walls shall be maintained in such a manner as to ensure that there
is no soil erosion or other hazard affecting adjacent properties.
G.
Fences and walls. Walls and fences to provide for security, privacy
or screening of a property shall be permitted anywhere on a lot, provided
that the following conditions are met:
(1)
Corner clearance. Any wall or fence constructed on a corner lot shall comply with the provisions of § 360-14E of this chapter.
(2)
Street frontage height requirement. Any wall or fence located in
the required front yard or the required setback from a street right-of-way
shall have a height of no more than four feet.
(3)
Height in other yards. The maximum height of any wall or fence located
in a rear or side yard may not exceed six feet in a residence district
and eight feet in any other district.
(4)
Special use permit conditions. The maximum height of any wall or
fence located in a rear or side yard may be 10 feet in a residence
district and may exceed eight feet in other districts, provided that
the property owner has secured a special permit for such wall or fence.
H.
Professional offices. In the R-2 or RH District, professional offices,
other than home occupations, may be permitted by special permit, provided
that no structure in such use shall contain more than four businesses
and all parking and other regulations are met. And the total gross
floor area is no more than 10,000 square feet.
I.
Standards for accessory apartments.
(1)
Permits. A special permit shall be required. Special permits shall
be issued for a three-year period, after which time they shall expire
if they are not renewed.
(2)
Renewals. Renewal permits for an additional three-year period shall
be granted by the Code Enforcement Officer following: 1) submission
of a renewal application form by the applicant, 2) an inspection of
the premises by the Code Enforcement Office, and 3) submission of
a signed statement by the applicant stating that the conditions as
originally set forth in granting the special permit have not changed
in any way. The Code Enforcement Officer shall determine that the
premises still meet the standards of the New York State Fire Protection
and Building Code, and that the original qualifying conditions still
exist.
(3)
Owner-occupancy required. The owner(s) or contract vendee of the
lot upon which the accessory apartment is located shall occupy and
maintain as a legal full-time resident at least one of the dwelling
units on the premises, except for temporary absences not to exceed
18 months in any five-year-period. Longer absences will result in
revocation of the temporary permit, except by approval of the Board
of Appeals. Owner-occupants must maintain an interest of 33 1/3%
in the property. In the event of the transfer of the property, either
by deed or land contract or lease, to other than the owner's spouse
or other family member residing on the premises, the permit shall
automatically expire, and a new owner or contract vendee must apply
for a renewal permit.
(4)
Occupancy. An accessory apartment may be occupied by no more than
one family, as defined herein.
(5)
Location. An accessory apartment must be established within the existing
residential structure, and not within a garage or other accessory
building.
(6)
Size. The floor area of an accessory apartment shall not exceed 33 1/3%
of the of the total habitable floor area of the building in which
it is located. Each accessory apartment shall be limited to a maximum
of two bedrooms.
(7)
Area requirements. A residential structure containing one accessory
apartment shall meet the area and bulk requirements for a two-family
dwelling.
(8)
Parking. No accessory apartment shall be permitted unless there is
provided one on site parking space in addition to the parking spaces
required for other uses in the building.
(9)
Exterior appearance. The entry to the building and its design shall
be such that the appearance of the building shall remain as a single-family
residence. New or additional front entrances or windows are discouraged
but in any event must be in keeping with the architectural style of
the rest of the structure. Exterior stairways may only be constructed
in the rear, except where an alternate location would be less publicly
visible.
(10)
Deed restriction. Within 30 days of an accessory apartment permit,
the owner(s) must record at the Clinton County Clerk's office a declaration
of covenants on the subject property, with cross-referencing to the
original deed, and provide proof of such recording and cross-referencing
to the Code Enforcement Officer, who may then issue a building permit.
The declaration shall state that the right to let an accessory apartment
ceases upon transfer of the title. The Code Enforcement Officer shall
note the existence of an accessory apartment on the record of the
property.
J.
Moratorium on commercial cryptocurrency mining operations.
[Added 3-15-2018 by L.L.
No. 3-2018]
(1)
Enactment and title. The Common Council of the City of Plattsburgh
does hereby ordain and enact the City of Plattsburgh moratorium on
commercial cryptocurrency mining operations in the City of Plattsburgh.
This subsection shall impose a moratorium on applications or proceedings,
or the issuance of approvals or permits, for commercial cryptocurrency
mining operations in the City of Plattsburgh.
(2)
Authorization, purpose and definitions.
(a)
Authorization.
[1]
Pursuant to the authority and provisions of § 10 of
the Municipal Home Rule Law of the State of New York and the statutory
powers vested in the Common Council of the City of Plattsburgh to
regulate and control land use and to protect the health, safety and
welfare of its residents, the Common Council of the City of Plattsburgh
hereby declares an 18-month moratorium on all applications, or proceedings
for applications, for the issuance of approvals or permits for the
commercial cryptocurrency mining operations in the City of Plattsburgh.
[2]
This moratorium will allow time for the Zoning Code and Municipal
Lighting Department regulations to be amended to regulate this potential
use.
(b)
Purpose.
[1]
It is the purpose of this subsection to allow the City of Plattsburgh
the opportunity to consider zoning and land use laws and Municipal
Lighting Department regulations before commercial cryptocurrency mining
operations results in irreversible change to the character and direction
of the City.
[2]
Further, it is the purpose of this subsection to allow the City
of Plattsburgh time to address, through planning and legislation,
the promotion of the protection, order, conduct, safety, health and
well-being of the residents of the City which are presented as heightened
risks associated with commercial cryptocurrency mining operations.
[3]
It is the purpose of this subsection to facilitate the adoption
of land use and zoning and/or Municipal Lighting Department regulations
to protect and enhance the City's natural, historic, cultural and
electrical resources.
(c)
COMMERCIAL CRYPTOCURRENCY MINING
CRYPTOCURRENCY
HIGH-DENSITY LOAD SERVICE
SERVER FARM
Definitions. As used in this section, the following terms shall
have the meanings indicated:
The commercial process by which cryptocurrency transactions
are verified and added to the public ledger, known as the "block chain,"
and also the means through which new units of cryptocurrencies are
released, through the use of server farms employing data processing
equipment. For purposes of this definition, any equipment which requires
a high-density load service, or any server farm, will presumably be
a commercial cryptocurrency mining operation.
A digital currency in which encryption techniques are used
to regulate the generation of units of currency and verify the transfer
of funds, operating independently of a central bank.
The provision of electrical service where the requested load
density, in the portion of the premises containing the load consuming
equipment, exceeds 250 kWh/ft2/year.
Three or more interconnected computers housed together in
a single facility whose primary function is to perform cryptocurrency
mining or associated data processing.
(3)
Scope of controls. During the effective period of this subsection:
(a)
The Code Enforcement Officer, Building Inspector, Planning Board,
or Zoning Board of Appeals shall not accept an application for a commercial
cryptocurrency mining operation.
(b)
The Code Enforcement Officer, Building Inspector, Planning Board,
or Zoning Board of Appeals shall not grant any permit for a commercial
cryptocurrency mining operation.
(4)
No consideration of new applications. No applications for commercial
cryptocurrency mining operations or for approvals for a site plan,
special use permit, building permit, or any other permit shall be
approved by any board, officer, employee or agent of the City of Plattsburgh
while the moratorium imposed by this subsection is in effect. Nothing
in this subsection shall be construed such as to result in any default
approval for any application heard or considered during the moratorium
imposed by this subsection. This moratorium shall apply to all such
applications, whether pending or received prior to the effective date
of this law.
(5)
Term. The moratorium imposed by this subsection shall be in effect
for a period of 18 months from the effective date of this subsection.
It may be terminated earlier if the Common Council determines by resolution
that the purpose of the local law has been fulfilled. During the period
of the moratorium, the Common Council shall endeavor to amend the
local Zoning Code and/or Municipal Lighting Department regulations
to address and regulate commercial cryptocurrency mining operations.
(6)
Location. The moratorium imposed by this subsection shall apply to
the territorial limits of the City of Plattsburgh.
(7)
Penalties. Any firm, person, corporation, or other entity that shall
establish, place, construct, erect or in any way site or locate a
commercial cryptocurrency mining operation described in this subsection
in the City of Plattsburgh in violation of the provisions of this
subsection shall be subject to, in addition to any penalties prescribed
by state or local law, a civil penalty of not more than $1,000 for
each day or part thereof during which such violation continues. If
necessary to remove any construction or property that may have taken
place in violation of this subsection, then the cost of such removal,
including reasonable attorneys' fees incurred by the City, shall constitute
a lien and charge against any real property owned or leased by the
violator located within the City and shall be collected in the same
manner and at the same time as other City charges. The civil penalties
provided for by this subsection shall be recoverable in an action
instituted in the name of the City in any court of competent jurisdiction.
(8)
Validity. The invalidity of any provision of this subsection shall
not affect the validity of any other provision of this subsection
that can be given effect without such invalid provision.
In any district, the following standards for uses shall apply:
A.
Vibration, odor and glare. No offensive or objectionable noise, vibration,
odor or glare shall be noticeable at or beyond the property line.
B.
Restriction of activities. No activity shall create a physical hazard
by reason of fire, explosion, radiation or other such cause to persons
or property in the same or adjacent district.
C.
Discharge of wastes. There shall be no discharge of any liquid or
solid waste into any stream or body of water or any public or private
disposal system or into the ground or any materials of such nature
that may contaminate any water supply, including groundwater supply.
D.
Storage of materials. There shall be no storage of any material,
either indoors or outdoors, in such a manner that it facilitates the
breeding of vermin or endangers health in any way.
E.
Restrictions on emissions. The emission of smoke, fly ash or dust
which can cause damage to the health of persons, animals, plant life
or to other forms of property shall be prohibited.
A.
General procedure. Application for a zoning and building permit shall be made to the Building Inspector prior to the commencement of the excavation for or the construction of any building or structure or the use of land as required under the provisions of § 360-53 of this chapter. If, upon receipt of such application, the Building Inspector determines the excavation, construction or use of land for which the application is made requires the issuance of a special use permit, the Building Inspector shall forward a copy of such application to the Zoning Board of Appeals in accordance with the specific procedures in § 360-56 of this chapter.
B.
Standards. Such special use permits, however, may be authorized by
the Zoning Board of Appeals only upon satisfaction of each instance
of such conditions as to the general character, height and use of
the structure or structures; as to the provision of surrounding open
space and the treatment of grounds; as to the general fitness of the
structure or use to its proposed location; as to the provision for
automobile parking or storage; and as to street capacity and use as,
in the opinion of the Board, may be necessary to safeguard public
health, convenience and as may be required for the preservation of
the general character of the neighborhood in which such building and/or
structure is to be placed or such use is to be conducted. Specifically,
the standards established by this chapter shall be applied as they
may be applicable to a specific request for a special use permit.
To assist the Zoning Board of Appeals in its determination, an application
for a special use permit shall be accompanied by plans and other descriptive
matter sufficient to clearly portray the intentions of the applicant,
and such plans and other descriptive matter shall become a part of
the record.
C.
Special use permit conditions. The following special permitted uses
shall be subject to the conditions set forth below and such other
conditions as the Zoning Board of Appeals may impose.
[Added 4-30-2009 by L.L.
No. 3-2009]
(1)
A community garden special use permit shall be subject to the following
conditions:
(a)
The corporation shall be open to membership by any person who
wishes to become a member and meets the corporation's membership requirements.
(b)
The property shall be shall kept in productive use during the
growing season.
(c)
At the end of each growing season, annual vegetation shall be
cut down to a height of not more than six inches above ground level.
(d)
The property shall be maintained in accordance with City laws.
(e)
If the property ceases to be used and maintained as a garden
for more than one year after it is established, the special use permit
shall expire.
(f)
No structures shall be erected on the property, except that
the Zoning Board of Appeals may permit the corporation to install
or erect a building for storing garden tools and supplies and a fence.
The location, size, materials, and design of the storage building
and fence shall be approved by the Board.
(g)
The cultivated garden plot shall be set back a minimum distance
of five feet from adjoining lots.
(h)
The garden plot shall have suitable access to a public street.
(i)
The special use permit may be revoked by the Zoning Board of
Appeals for a material violation of the permit conditions, following
a hearing.
A.
General procedure.
(1)
Application for a zoning and building permit shall be made to the Building Inspector prior to the commencement of the excavation for or the construction of any building or structure or the use of land as required under the provisions of § 360-53 of this chapter. Upon receipt of the application, the Building Inspector shall review the application to determine if the proposed action is located on an historic site.
(2)
If the action is located on an historic site or within an historic district, the applicant shall be required to secure an historic site approval prior to undertaking proposed actions. In such cases, the Building Inspector shall forward a copy of the application to the Planning Board for its review and approval or denial of activities affecting an historic site in accordance with the specific procedures set forth in § 360-56 of this chapter. Documentation to be submitted shall be as may be required by the Building Inspector and/or the Planning Board. Scale drawings of site plans, building design, elevations and narrative explanation shall be submitted in sufficient detail to allow the Planning Board to review the proposed activity in light of the standards found in Subsection B below. At a minimum, the documentation shall meet the requirements of Subsection B(1) below.
B.
Standards. In reviewing applications for an historic site permit,
the Planning Board shall consider the compatibility of the proposed
action in light of guidelines and standards which may be established
from time to time by the Secretary of the United States Department
of the Interior "Standards for Historic Preservation Projects with
Guidelines for Applying Standards," as well as the following standards:
(1)
Every reasonable effort should be made to provide a compatible use
for a property which requires minimal alteration of the building,
structure or site and its environment or to use a property for its
originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure or site and its environment should not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
(3)
All buildings, structures and sites should be recognized as products
of their own time. Alterations that have no historical basis and which
seek to create an earlier appearance should be discouraged.
(4)
Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure or site and
its environment. These changes may have acquired significance in their
own right, and this significance should be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure or site should be treated
with sensitivity.
(6)
Deteriorated architectural features should be repaired, rather than
replaced, wherever possible. In the event that replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historic, physical or pictorial evidence,
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(7)
The surface cleaning of structures should be undertaken with the
gentlest means possible. Sandblasting and other cleaning methods that
will damage the historic building materials should be discouraged.
(8)
Every reasonable effort should be made to protect and preserve archaeological
resources affected by or adjacent to any project.
(9)
Contemporary design for alterations and additions to existing properties
should not be discouraged when such alterations and additions do not
destroy significant historical, architectural or cultural material
and such design is compatible with the size, scale, color, material
and the character of the property, neighborhood or environment.
(10)
Wherever possible, new additions or alterations to structures
should be done in such a manner that if such additions or alterations
were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
