No building, structure or land shall hereafter
be used and no building, structure or part thereof shall be erected,
moved or altered unless for a use expressly permitted by and in conformity
with the regulations herein specified to the district in which it
is located, except as hereinafter provided.
[Amended 12-21-2016 by L.L. No. 1-2017]
No building or structure shall hereafter be erected or altered
to exceed in height the limit designated for the district in which
it is located, with the following exceptions:
A.
The maximum building height limitations shall not apply to spires
and belfries of a place of worship, nor to flagpoles, silos, chimneys,
ventilators, skylights, water tanks, television antennas, satellite
antennas, solar access equipment or to similar features and such necessary
mechanical appurtenances not used for human occupancy, provided that:
[1]
Editor’s Note: Former § 231-10, Space and
area regulations, was repealed 11-17-2010 by L.L. No. 1-2010.
No part of a yard or other open space required
appurtenant to any building or use shall be included as part of a
yard or other open space required for any other building on any other
lot.
Yards, as required herein, shall not be used
for the storage of merchandise, equipment, building materials, junk,
vehicles, vehicle parts or any other material or for signs except
as specific provision is made.
No driveway center line shall intersect a street
line less than 70 feet from the intersection of any two street lines.
No driveway or other means of access for vehicles,
other than a public street, shall be maintained or used in any residence
district for the servicing of any use located in any business district.
A.
No dwelling shall be erected on a lot which does not
abut on at least one street for a distance of not less than 50 feet.
B.
No dwelling may be built or erected directly behind
another dwelling having access on the same street and within 200 feet
thereof. "Directly behind another dwelling" shall mean with more than
1/2 the width of the structure so placed.
In all districts, on corner lots within the
triangular area formed by the center lines of streets at their intersection
and the distances as shown on the schedule below, there shall be no
obstruction to vision between the height of 3 1/2 feet and the height
of 10 feet above the average grade of each street at the center line
thereof. The requirements of this section shall not be deemed to prohibit
the construction of any necessary retaining wall.
|
Sight Distance for Various Street Widths
| |
|---|---|
|
Street Right-of-Way
(feet)
|
Distance from Intersection
(feet)
|
|
80 or more
|
120
|
|
70 to 79
|
110
|
|
60 to 69
|
100
|
|
50 to 59
|
90
|
|
40 to 49
|
80
|
|
Under 40
|
70
|
[Amended 12-21-2016 by L.L. No. 1-2017]
A.
A temporary structure reasonably required for construction of a permitted
use not exceeding one year's duration is a permitted accessory use
in all zoning districts, subject to site plan approval by the Planning
Board and issuance of a temporary permit from the Zoning Enforcement
Officer.
B.
A temporary structure shall be used for construction purposes only.
A temporary structure may not be used as a sales office or as a place
for human habitation.
D.
A temporary permit may be renewed upon application to the Planning
Board for an additional period of one year.
On a corner lot, there shall be provided a side
yard on a side street equal in depth to the required front yard. A
rear yard shall be provided on each corner lot and the property owner
shall elect which yard is the rear yard.
A.
Upon receipt of an application for an earth-sheltered,
subsurface or underground building, the Zoning Enforcement Officer
shall forward the applications to the Zoning Board of Appeals for
review.
C.
Due to the potential energy savings and environmental
benefits of this type of structure, the Zoning Board of Appeals may
vary provisions of this chapter where it deems appropriate.
Every building hereafter erected shall be located
on a lot as herein defined, and there shall be not more than one building
on one lot except as specifically permitted elsewhere in this chapter.
If more than one lot is located on a piece of property, each lot must
meet the requirements of this chapter.
Except as otherwise provided by this chapter,
no building or structure or land shall be used nor shall any building
or structure be built or altered except for the purposes specified
in the Schedule of Permitted Uses.[1]
[1]
Editor's Note: The Schedule of Permitted Uses is included as an attachment to this chapter.
[Amended 11-17-2010 by L.L. No. 1-2010]
No building or structure shall be hereinafter erected; nor shall
any existing building or structure be altered, enlarged or moved;
nor shall any lot, yard, lot width, open space, or loading or parking
space required in relation to any building or structure or use be
encroached upon or reduced in any manner not in conformity with the
area and bulk regulations set forth in the tabular District Schedule
of Area and Bulk Regulations at the end of this chapter,[1] unless such reduction is by a duly constituted public
authority for a public purpose. The schedule is supplemented, as appropriate,
by other provisions of this chapter.
[1]
Editor's Note: The District Schedule of Area and Bulk Regulations is included as an attachment to this chapter.
[Added 2-22-2006 by L.L. No. 1-2006]
Under the conditions specified herein, in establishing
compliance with the dimensional requirements of this chapter, measurements
that result in fractional feet shall be rounded upward to the nearest
foot when the fraction is 1/2 foot or greater and downward to the
nearest foot when the fraction is less than 1/2 foot. This rule may
be applied only when, in the judgment of the Zoning Enforcement Officer,
application of the rule would have no adverse impact upon health,
safety and welfare and there is or has been no intention by the current
owner of the property, the builder or any other party to violate the
dimensional requirements of this chapter.
[Added 11-17-2010 by L.L. No. 1-2010]
A.
Intent.
(1)
The Village of Tivoli contains an important 19th Century traditional
neighborhood which has evolved as a small center for civic life, culture,
and commercial activity. Tivoli's significance is recognized by its
location within the Hudson River National Historic Landmark District,
a state-designated scenic area of statewide significance, and the
Mid-Hudson Historic Shorelands Scenic District. Tivoli is also a part
of the Hudson River Valley Greenway, is an important component of
the Hudson River American Heritage River designation, is located within
New York State's Coastal Zone boundaries, and is subject to the Village's
adopted Local Waterfront Revitalization Program. All of these recognitions
of Tivoli's historic and scenic significance support the creation
of an overlay district to ensure that when new development is proposed
or existing development is proposed for expansion, the historic and
scenic qualities of the area are maintained and enhanced. While Tivoli
has some limited potential for growth, its historic character must
always be preserved and protected.
(2)
The Historic Overlay (H-O) Zoning District, as delineated on the Village Zoning Map set forth in § 231-6 of this chapter, is an historic area that has developed with unique characteristics which have created a special identity for the Village. The H-O Zoning District requirements specified in this section are intended to implement the recommendations of the Village's adopted Comprehensive Plan to protect and maintain the traditional scale and architectural look of this historic area as new residential and commercial structures are built and old ones are expanded.
B.
Objectives. All proposed development and redevelopment within the
boundaries of the H-O District shall be consistent with the objective
to protect and enhance Tivoli's architecture and pattern of design
by:
(1)
Locating buildings and parking in conformance with a traditional
streetscape that gives priority to people over cars.
(2)
Designing building roofs, windows, doors, porches and other
architectural features to be sympathetic with the vernacular architecture.
(3)
Limiting the square footage of new dwellings and the expansion
of existing ones to prevent oversized, out-of-character homes in order
to maintain the most-desirable characteristics of the Village and
prevent alteration of the historic character of Tivoli.
(4)
Prevent the construction of a large building built to replace
a portion, or all, of a demolished one, which may be out of scale
with surrounding buildings.
C.
Regulatory effect on land uses. Within the H-O District, all of the
underlying land use district regulations remain in effect, except
as they are specifically modified by this section.
D.
Bulk regulations. Bulk regulations in the H-O District are designed
to maintain the integrity of the district. Existing patterns of development
shall govern future permitted development patterns in order to enhance
the character of the Village, to maintain harmony and compatibility
with the nationally significant historic importance of the Village,
and to protect the Village's unique environmental resources. The following
bulk requirements shall apply in the H-O District in addition to the
regulations of the underlying zoning district:
(1)
The maximum building size of a one-family dwelling and a two-family
dwelling, including an attached garage, shall be no more than 2,600
square feet.
(2)
The maximum building footprint of a one-family dwelling and
a two-family dwelling, including an attached garage, shall be no more
than 1,750 square feet.
(3)
The maximum building size of an accessory building shall be
no more than 1,300 square feet.
(4)
The maximum building footprint of an accessory building shall
be no more than 750 square feet.
(5)
All accessory buildings in the aggregate shall have a maximum
building size of no more than 2,600 square feet.
(6)
Not more than three accessory buildings shall be permitted on
an individual lot.
(7)
No parking shall be permitted in a front yard except in a single
driveway no more than 12 feet in width that is used as the primary
access to the property from the street.
E.
Site plan approval requirement. Within the H-O District, site plan
approval shall be required for construction of any new building, and
for construction of any addition to an existing building where the
size of the addition will be 50% or greater than the existing building
size.
F.
Site plan approval exemptions. Notwithstanding the above, site plan
approval shall not be required for agricultural uses to the extent
otherwise permitted in the underlying district, except for agricultural
structures with a footprint exceeding 10,000 square feet.
G.
Submission requirements. A concept plan showing the proposed location
of building(s) and a graphic depicting how the buildings will appear
from the street shall be submitted to the Planning Board. The Planning
Board shall determine, based on the concept plan, whether additional
site plan materials shall be required, including architectural renderings,
and whether a public hearing shall be required, if not otherwise required
by this chapter. The Planning Board may also refer an application
under this section to the New York State Historic Preservation Office
for its opinion as to the historic significance of the structure and
recommendations on appropriate restrictions on construction or alteration.
If the Planning Board, in its discretion, refers the application to
the State Historic Preservation Office, it should consider the State
Historic Preservation Office's comments in its review of the application
but shall not be bound by such comments unless other federal, state
or local law so requires. If no response is received within 30 days
of such referral, the Planning Board may proceed in the absence of
such response.
H.
Design standards. Where site plan approval is required under Subsection E of this section, new construction and additions shall harmonize with the scale and character of neighboring buildings and the H-O District setting in accordance with the following:
(1)
To maintain a harmonious street front, the setback of the principal
building from the street shall be consistent with the prevailing setback
on adjoining properties, within the range of permitted setbacks for
the underlying zoning district.
(2)
The front building line of principal buildings shall be built
parallel to the street.
(3)
If a garage is provided, it shall preferably be a detached building
located to the rear of the principal structure. Whether detached or
attached, the garage shall be located at least 20 feet back from the
front building line of the principal building.
(4)
Building design.
(a)
The applicant shall demonstrate to the satisfaction of the Planning
Board that the proposed project is consistent with the Village of
Tivoli Pattern Book, adopted November 2010.[1] In the H-O District, terms used throughout the Village
of Tivoli Pattern Book that imply guidelines or recommendations shall
be interpreted to mean required standards. For instance, the word
"should" shall be interpreted to mean "shall"; the words "recommended"
and "encouraged" shall be interpreted to mean "required."
[1]
The Planning Board may waive any requirement of
the Tivoli Pattern Book upon written request from an applicant. When
determining whether to grant a requested waiver, the Planning Board
shall consider the existing natural and constructed features of the
site and the impact of the waiver on the historic character of the
neighborhood and the H-O District.
[1]
Editor's Note: The Pattern Book is on file in the Village
offices.
(b)
Any conditions of approval imposed by the Planning Board to
ensure compliance with the Tivoli Pattern Book may be incorporated
into a deed restriction and/or a plat or site plan notation, to the
extent required by the Planning Board.
(c)
In cases where Planning Board approval of building design is
not required, applicants are strongly encouraged to consult the Village
of Tivoli Pattern Book for appropriate architectural design.
(5)
Existing large trees and other features, such as stone walls
and proposed future streets, shall be incorporated into the proposed
site design to the maximum extent practicable. During construction,
trees and site features to be retained shall be protected by temporary
fencing, and the soil within the root zone of trees to be saved shall
not be disturbed or contaminated.
(6)
Guidelines for additions to existing structures. Compatible
additions that do not compromise the character of the historic building
or destroy significant architectural features are appropriate within
the H-O District. While additions may reflect the point in time of
their construction, they should respect the architectural character
and fabric of the historic building and its surroundings as follows:
(a)
The material, style, and detail of design of additions should
be compatible with the original structure.
(b)
Additions should be located, designed and constructed so that
the character-defining features of the structure are not obscured,
destroyed, damaged or radically changed.
(c)
The size and scale of additions should be limited so that the
integrity of the original structure is not compromised.
(d)
Changes in height that alter the character and scale of the
existing building to accommodate an addition are not appropriate.
(e)
Site disturbance for construction of additions should be minimized
to reduce the possibility of destroying site features and/or existing
trees.
(f)
Stone walls, natural rock formations or other cultural features
should be retained and incorporated into proposed site plans to the
greatest extent practicable.
[Added 11-17-2010 by L.L. No. 1-2010]
A.
Boundaries. The Zoning District Map set forth in § 231-6 of this chapter delineates the boundaries of the Pine Street Overlay (PS-O) District.
B.
Regulatory effect on land uses. Within the PS-O District, all of
the underlying land use district regulations remain in effect, except
as specifically modified by this section.
C.
Ground-floor dwelling units. Within the PS-O District, dwelling units
occupying the ground-floor area of a building are a permitted use.
D.
Multifamily and row or townhouse dwellings. Within the PS-O District,
multifamily and row or townhouse dwellings shall be permitted, subject
to site plan approval from the Planning Board and the following additional
requirements:
(1)
Density. The number of dwelling units shall not exceed 10 per
gross acre.
[Amended 12-21-2016 by L.L. No. 1-2017]
(2)
Area and bulk requirements.
(a)
The minimum lot area per development shall be 1/4 acre.
(b)
The minimum lot width at the front building line shall be 60
feet.
(c)
The minimum front yard setback shall be six feet, and the maximum
front yard setback shall be 18 feet.
(d)
The minimum side yard setback shall be the same as in the GB
District.
(e)
The minimum rear yard setback shall be 35 feet.
(f)
The maximum building coverage shall be 60%.
(g)
The maximum lot coverage shall be 90%.
(h)
The maximum building height shall be 35 feet.
(i)
The minimum dwelling unit size shall be 500 square feet of usable
interior floor area.
(3)
Parking shall be provided in accordance with § 231-39. Only uncovered surface parking shall be permitted; garages are not permitted for multifamily and row or townhouse dwellings.
[Amended 12-21-2016 by L.L. No. 1-2017]
(4)
Landscaped area. At least 5% of the gross area of the site shall
be landscaped in accordance with plans approved by the Planning Board.
The plans shall detail the type, number, size, caliper, and location
of each new plant species. All plantings shall be natural and shall
be maintained in a vigorous growing condition throughout the duration
of the use, and plants not so maintained shall be replaced with new
plants at the beginning of the next immediately following growing
season.
[Added 9-19-2012 by L.L. No. 3-2012]
A.
Intent. The RB District is intended to permit a multistory mix of
housing types and commercial uses that may not be appropriate for
the Village Center, while acting as a scenic gateway to the Village
and preserving the rural character of the Route 9G corridor. Specifically,
the intent of the RB District is to:
(1)
Permit small-scale commercial uses serving local needs that
do not generate significant traffic and do not adversely impact the
viability of the Village Center.
(2)
Promote orderly, attractive development of business clusters
accessed by a limited number of curb cuts along Route 9G in order
to minimize conflicts with through traffic and conserve the capacity
of the roadway without the need for road widening. Curb cuts are to
be minimized by encouraging vehicular and pedestrian linkages between
business establishments on adjacent parcels.
(3)
Enhance the quality of the built environment and promote site
layout and architectural design compatible with the rural, scenic,
historic, and natural character of the community.
(4)
Maintain the rural charm and natural beauty of the corridor
by incorporating natural features such as existing topography and
mature trees into the site design and by planting canopy trees in
parking lots and between buildings and the roadway.
(5)
Restrict building size, building height, and lot coverage to
promote a scale and quality of new development that is architecturally
compatible with the rural and scenic character of the corridor.
(6)
Conserve the natural features of the land, such as open fields,
pastures and woodlands.
(7)
Preserve westward views from New York State Route 9G.
(8)
Protect historic structures and features along New York State
Route 9G.
B.
Site plan and special permit design standards. The following design
standards shall apply to all uses which require site plan and/or special
use permit approval in the RB District and shall be in addition to
other requirements of the Village Code. In the event of any conflict,
the provisions of this section shall take precedence over other sections
of the Village Code.
(1)
The principal building on the site shall be located to the front
of the lot.
(2)
The front building line of garages, whether attached or detached,
shall be located at least 20 feet behind the front building line of
the principal building.
(3)
Parking lots shall be landscaped with trees and low plantings.
The front building line of a parking lot shall be located to the rear
of the lot, at least 20 feet behind the front building line of the
principal building. In all parking lots providing eight or more off-street
parking spaces, a minimum of one canopy tree and 10 shrubs shall be
planted for each eight parking spaces and any additional portion thereof.
In parking lots with more than 16 parking spaces, said tree(s) and
shrubs shall be planted in median dividers, landscape islands or such
other locations as may be determined by the Planning Board to relieve
the monotonous expanse of asphalt and provide shade for parked vehicles.
(4)
Driveways shall be shared with adjacent parcels whenever possible.
Driveways should be placed at the edge of parcels to facilitate shared
access points and reduce repetitive curb cuts. Curb cuts should be
limited to one per parcel.
(5)
The Planning Board may require the interconnection of parking areas in accordance with § 231-39F(7).
[Amended 12-21-2016 by L.L. No. 1-2017]
(6)
A connected secondary street to the rear of parcels should be
encouraged, with consolidated connecting drives to Route 9G.
(7)
Facilities for pedestrians, such as sidewalks and walking paths,
to facilitate pedestrian movement along Route 9G, shall be provided
within the site and to adjacent parcels where deemed appropriate by
the Planning Board.
(8)
Existing vegetation shall be preserved as much as possible by
minimizing clearing and grading in new developments. Existing large
trees and other features, such as stone walls, shall be incorporated
into the proposed site design to the maximum extent practicable.
(9)
To enhance the rural character of Route 9G, all site plans shall
include a minimum twenty-foot-wide landscaped strip planted with trees
and shrubs adjacent to the right-of-way. A minimum of one canopy tree
and 10 shrubs shall be planted per 40 feet of frontage. Pedestrian
facilities may be permitted within the landscaped strip along Route
9G.
(10)
Drive-in or drive-through businesses, self-storage units, motor vehicle sales and rentals, filling stations and other uses not explicitly listed under permitted and special permitted uses in § 231-21 are not permitted.
[Amended 12-21-2016 by L.L. No. 1-2017]
(11)
New construction and rehabilitation shall reflect the traditional
architecture of the community in building and roof forms, window proportions,
materials, colors and details, as illustrated in the Tivoli Pattern
Book.[1] All four sides of commercial buildings shall be designed
with windows and/or other architectural features to avoid visible
blank walls.
[1]
Editor's Note: The Pattern Book is on file in the Village
offices.
(12)
To protect the area's rural character, walls and fences shall
be constructed of natural materials and be no more than four feet
high in a front yard.
(13)
All open storage, as defined in § 231-4, and outdoor storage of materials, equipment, and temporary structures shall be located behind the principal building and fully enclosed from view by opaque fencing.
(14)
Internally illuminated signs are not permitted. Externally illuminated
signs shall be lit from the top of the sign down to minimize glare
on adjacent properties and impacts on the night sky.
(15)
Lighting fixtures shall be no more than 15 feet in height and
shall use full cut-off fixtures with no direct light above the horizontal
plane. Lighting levels shall be consistent with the recommendations
of Dutchess County Greenway Connections, Greenway Guide E4, Lighting,
attached hereto as 231 Attachment 11.
(16)
Uses shall not generate excessive noise, dust, fumes, vapors,
gases, smoke, odors, or hazardous conditions.
