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