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