Article V Supplementary Regulations

A customary home occupation may only be conducted within and/or based from a dwelling which is a bona fide residence of the principal practitioner of the occupation or in an accessory building thereto which is normally associated with and incidental to the residential use. Customary home occupations may include, but not be limited to, a doctor, lawyer, engineer, accountant, music teacher, member of the clergy, landscaper and carpenter. The conducting of a nursery school, barbershop, beauty shop and auto repair shop shall not be deemed a customary home occupation. Retail sales shall not be deemed customary home occupation. For purposes of this chapter, a customary home occupation occurring fully within the dwelling shall be considered a permitted Class I customary home occupation.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Those home occupations occurring wholly or partially in an accessory building on the same premises as the residence shall be considered Class II customary home occupations which may only be authorized by special use permit, in accordance with § 130-42 of this chapter.

An existing customary home occupation which, at the time of passage of this revision to Chapter 130, Zoning, uses an accessory building and which meets the requirements of this section shall have one year to obtain a permit from the Code Enforcement Officer which classifies the use as a Class II customary home occupation.

The customary home occupation activity, whether conducted within and/or based from the dwelling and/or an accessory structure, shall occupy no more than 500 square feet of floor area. The activity located in the dwelling shall not exceed 25% of the floor area of the dwelling.

No alteration to the exterior of the principal residential building or customary accessory buildings used for the home occupation activity shall be made which changes the character thereof as a residential premises except that a single sign, not exceeding two square feet in area, shall be permitted. Any new construction undertaken to accommodate the home occupation activity shall also be wholly consistent with the character of a residential premises.

There shall not be any exterior storage of materials or equipment, except for one two-axled vehicle parked on the property. There shall be no noise noticeable at the lot line.

Not more than two persons other than members of the household occupying such dwelling shall be employed on the residential premises in the conduct of the home occupation. No more than two nonresident employee's vehicles may be parked on the premises.

Sharing, letting or subletting of space for use by others shall not be permitted in the conduct of their profession, trade or business.

Sufficient off-street parking shall be provided as required within § 130-17 of this chapter.

The total number of home occupations on a property is not limited. However, the requirements of § 130-16A(2) and (5) shall not be exceeded and the sign shall not exceed two square feet.

Excavations.

Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create any noxious or injurious substance or condition or cause public hazard.

In any district, excavation relating to the construction on the same lot of a building or structure for which a building permit has been issued shall be permitted subject to the provisions of Subsection B(3). In the event that construction of a building or structure is stopped prior to completion and the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials, and any excavation with a depth greater than two feet below existing grade shall immediately be filled in and the topsoil replaced or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which excavation is located.

[Amended 7-8-1998 by L.L. No. 4-1998]

In any district, excavation for the purpose of mining, which includes the removal of topsoil for commercial sale from residential lots, is strictly prohibited.

[Added 2-14-1996 by L.L. No. 1-1996; amended 7-8-1998 by L.L. No. 4-1998]

Activity standards. In any district, the following standards for activities shall apply:

No offensive or objectionable noise, vibration, lights, glare or odor shall be noticeable at or beyond the property line.

[Amended 2-14-1996 by L.L. No. 1-1996]

No activity shall create a physical hazard by reason of fire, explosion, radiation or other such cause to persons or property in the same or adjacent district.

There shall be no discharge of any liquid or solid waste into any stream or body of water or any public or private disposal system or into the ground of any materials of nature that may contaminate any water supply, including groundwater supply.

There shall be no storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin or endangers health in any way.

The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals or plant life or other forms of property shall be prohibited.

No junkyard shall be allowed within the Village limits.

[Added 2-14-1996 by L.L. No. 1-1996]

Planned new streets. After the planned right-of-way line for future streets, for future extensions of existing streets or for future street widening is established on the Official Map,[1] if any, buildings and structures shall be set back from such line as though it were a street line.

Editor's Note: Said map is included as an attachment to this chapter.

Accessory buildings and uses.

Accessory buildings not attached to principal buildings shall be located no closer to the principal building than 10 feet or a distance equal to the height of each accessory building, whichever is greater.

In a residential district, accessory uses not enclosed in a building, including swimming pools and tennis courts, may not be located in the front yard of such lot and shall be distant not less than 25 feet from any lot line in an R District and 30 feet in an R-1, AR, or A District.

[Amended 1-11-1982 by L.L. No. 1-1982; 2-14-1996 by L.L. No. 1-1996; 4-10-2002 by L.L. No. 3-2002]

No boat, tractor-trailer or component thereof or large trailer or motor home shall be stored or parked on the street or on any residential lot in an A, AR, R, or R-1 District, except in the rear yard and not closer to any lot line than the required side yard setback.

[Added 2-14-1996 by L.L. No. 1-1996; amended 4-10-2002 by L.L. No. 3-2002]

Corner clearance. For purposes of minimizing traffic hazards at street intersections on any corner lot, no obstruction between a height of 2 1/2 feet and 10 feet above the elevation of the center of the adjacent streets shall be permitted to be planted, placed, erected or maintained within the triangular area formed by the intersecting pavement lines, or their projections (where corners are rounded), and a straight line joining the pavement lines at points determined from the table below:

[Amended 5-26-1977 by L.L. No. 3-1977; 2-14-1996 by L.L. No. 1-1996; 7-8-1998 by L.L. No. 4-1998; 6-14-2006 by L.L. No. 2-2006]

Street A*	Distance to Left (DL) (feet)	Distance to Right (DR) (feet)
Broad Street and Chatham Street	360	230
Hudson Street, Albany Avenue, Eichybush Road and Best Road	320	205
Gaffney Lane and Sunset Avenue	280	180
All other streets	145	90

NOTES:
*	When the following conditions exist, the Village Engineer shall determine the appropriate clear distance to the edge of pavement (DL or DR):
	(1)	When Street A is curved and the intersecting street is on the inside of the curve.
	(2)	When the intersecting street is not 90º with Street A.
	(3)	When the grades on Street A and/or the intersecting street exceed 3%.

Fences and walls. The yard requirements of this chapter shall not apply to necessary retaining walls, fences or walls not exceeding a height of six feet in any side or rear yard in an A, AR, R, R-1, B-1, or B-2 District and not exceeding a height of four feet in any front yard of an A, AR, R, R-1, B-1, or B-2 District, except where corner clearances are required for traffic safety.

[Amended 2-14-1996 by L.L. No. 1-1996; 4-10-2002 by L.L. No. 3-2002]

Commercial parking lots. Commercial parking lots shall comply with the provisions of § 130-17D, H and I.

Transition requirement. Where a lot used for business purposes abuts a lot in a residential district, there shall be provided along such side and/or rear lot line on the lot used for business purposes abutting the residential district a wall, fence, compact evergreen hedge or a landscaped strip of trees or shrubs so designed as to form a visual screen not less than six feet in height at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be solidly screened such as with a six-foot brick or stone wall, wooden fence, chain-link fence covered with an evergreen vine or by a compact evergreen hedge.

[Amended 2-14-1996 by L.L. No. 1-1996]

Agricultural uses; animals.

Agriculture shall include buildings and activities, except farms expressly for the disposal of offal and farms expressly for garbage disposal. The processing and storage of agricultural products, including packing, warehousing and storing, is permitted, except that slaughterhouses, rendering and fertilizer plants are prohibited. The unenclosed storage of manure and areas for storage of dead fowl or other odor- or dust-producing substance or use shall not be permitted within 200 feet of a property line or public street right-of-way. Buildings for the housing of fowl or farm animals shall not be located in the required front yard nor within 200 feet of a property line. Fenced areas for fowl or farm animals shall not be located within a front yard or within 25 feet of a property line.

[Amended 5-26-1977 by L.L. No. 3-1977]

The keeping of customary household pets is permitted in any district. The keeping of horses or ponies shall not be permitted on any lot less than two acres in area. The portion of the lot not used for horses or ponies shall at least equal one acre in the R-1 District and 1/2 acre in the R District. Horses or ponies shall not be kept in a front yard, within 25 feet of a property line or within 100 feet of a dwelling unit on an adjacent property. The fenced area shall provide at least one acre per horse or pony. Barbed wire shall not be used for fencing.

[Amended 5-26-1977 by L.L. No. 3-1977; 2-14-1996 by L.L. No. 1-1996; 4-10-2002 by L.L. No. 3-2002]

Garage sales. These regulations are designed to control garage sales in order to protect the public health, safety and convenience and to restrict garage sales to casual and/or occasional occurrences only in keeping with the character of the neighborhood where this activity is carried on. The intent is to eliminate perpetual, prolonged and extended garage sales in residential areas. Such sales, if carried indefinitely, tend to become retail businesses in residential areas and zones, thus creating a nuisance. The provisions of this regulation arise from the need to limit, regulate, restrict and control garage sales.

[Added 6-8-1981 by L.L. No. 3-1981]

Condition of sales.

No more than two garage sales shall be held on the same premises by the same persons in any twelve-month period.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

No garage sale shall be longer than three consecutive days.

Hours of sale. All garage sales shall be conducted between the hours of 8:00 a.m. and 7:00 p.m.

Advertisement.

Garage sales may be advertised through the newspapers or other media.

The signs shall be displayed no earlier than 24 hours before the sale and shall be removed within 24 hours after the sale is concluded.

Exemptions.

Persons selling goods pursuant to an order of process of a court of competent jurisdiction.

Persons acting in accordance with their powers and duties as public officials.

Any sale conducted by any legitimate business or commercial or industrial establishment, properly zoned under this Chapter 130 of the Code of the Village of Kinderhook, and any sale conducted by a business or commercial or industrial establishment under the protection of the zoning laws or by any other vendor, dealer, etc., when the sale is conducted in a properly zoned area of the Village of Kinderhook.

Sales by a bona fide charitable, nonprofit, educational, cultural or governmental institution, civic group, service club, religious or fraternal society or other tax-exempt organization; provided, however, that the burden of proof of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.[2]

Editor's Note: Former Subsection K(5), Penalties for offenses, of the 2003 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I); see now § 130-53.

No freestanding ATM uses or drive-in facilities, with the exception of self-service gasoline filling stations, shall be permitted in any district.

[Added 2-14-1996 by L.L. No. 1-1996]

Sales of motorized vehicles, boats and trailers in residential areas.

[Added 7-8-1998 by L.L. No. 4-1998]

No more than one unlicensed or unregistered motorized vehicle, trailer or boat shall be displayed for sale on the same premises at the same time.

No unlicensed or unregistered motorized vehicles, trailers or boats shall be displayed for sale on the same premises for more than 60 consecutive days and no more than 90 days in any twelve-month period.

No more than two unlicensed or unregistered motorized vehicles, trailers or boats shall be displayed for sale on the same premises in any twelve-month period.

No motorized vehicles, trailers or boats shall be displayed for sale on the front yard of the premises, except in or within 20 feet of the driveway.

Conservation subdivisions.

[Added 6-29-2000 by L.L. No. 4-2000]

Purpose. The Village of Kinderhook desires to conserve important open space lands in the Village for continued agriculture, recreation and other open space uses. Additionally, the Village wishes to encourage types and patterns of development that minimize the need for services and infrastructure, to maintain the rural lifestyle and atmosphere of the Village and to create a form of development which encourages variety in the arrangement of types and intensities of land uses and which provides for safe and pleasant community interaction. Conservation subdivisions enable and encourage flexibility and diversity of design and development of land to meet these goals. They promote the most appropriate use of land, facilitate the most efficient use of streets and utilities, preserve agricultural lands, allow for the permanent protection of open space and facilitate patterns of development that are consistent with Village styles and character. Conservation subdivisions allow flexibility in lot sizes, arrangement, setbacks and road frontages that preserve 50% or more of the buildable land as open space.

Applicability. Conservation subdivisions are mandatory for all major subdivisions in the AR District and may be required by the Planning Board for minor subdivisions in the AR District. The Planning Board may require a conservation subdivision for a minor subdivision in the AR District if any combination of the following criteria are met: the parcel is within 500 feet of a state or county highway, the parcel contains environmental constraints such as steep slopes, wetlands or floodplains, the parcel contains prime soils or the parcel has been actively managed for agriculture within the last five years. Conservation subdivisions are allowed in other districts that permit residential development, except the R District where conservation subdivisions are prohibited. The applicant for such conservation subdivisions in the R-1 and A Districts shall have the burden of proof to show that any proposed conservation subdivision will not have a significant adverse effect on the character of the neighborhood.

General rules.

All development standards of this Chapter 130 and Chapter 110, Subdivision of Land, of the Code of the Village of Kinderhook, that are applicable in the district in which the property is located shall also be applicable within any conservation subdivision, except as otherwise stated herein.

Except as otherwise provided in this section regarding the type of residential dwelling units permitted, the permitted principal and accessory uses within a conservation subdivision shall be the same as those otherwise permitted in the zoning district in which the property is located.

The number of dwelling units permitted within a conservation subdivision shall not exceed the permitted density in the district in which the property is located, unless the Planning Board has issued a density bonus for such subdivision (as authorized by § 130-9B of this chapter).

Townhouse development. In the districts where townhouses are permitted, townhouses shall additionally conform to the following requirements:

[Added 6-29-2000 by L.L. No. 4-2000]

The overall density of the district where the townhouse is to be located shall be met, unless a density bonus has been awarded. Each unit within a townhouse shall be considered one dwelling unit in density calculations.

There shall be a maximum of four dwelling units per single structure of contiguous units. There shall be no more than 16 townhouse dwelling units in a single development with townhouses.

Minimum setback and yard dimensions shall be a minimum front yard of 15 feet and rear yard of 30 feet, and minimum side yards of 25 feet. Side yards for a townhouse shall mean that land located at the narrowest ends of each structure of contiguous units.

For a townhouse subdivision, lot dimensions may be reduced to a minimum lot size of 2,000 square feet and a minimum width of 20 feet for each dwelling unit within the structure of contiguous units.

For a townhouse subdivision, a minimum of 50% of the buildable portion of the parcel shall be maintained as open space. The subdivider of a townhouse subdivision shall incorporate into the deeds of all properties within the subdivision a clause creating a homeowners' association (HOA) and a clause giving each owner in the development an interest in all or some of the open or common space. The HOA will be responsible for maintenance of the open or common space in which it has an interest. Such open space shall be permanently preserved through a conservation easement or filed declaration of covenants or deed restriction, or both.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Architectural review of new buildings for business uses, multifamily dwellings and townhouses.

[Added 6-29-2000 by L.L. No. 4-2000]

The purpose of this review is to preserve and extend the architectural character of the Village.

The Planning Board shall review and approve the architectural plans for new buildings for business uses, multifamily dwellings and townhouses located outside of the Historic Preservation District. The Planning Board shall review the plans to determine if they are compatible with the "Building Form Guidelines, October 1994," published by the New York Planning Federation or with the existing architectural forms and styles in the Village of Kinderhook Historical Preservation District, or both. The New York Planning Federation publication is on file in the Village Clerk's office.

Procedures for review of plan.

Application for a building permit to construct a new building(s) for business uses, multifamily home or townhouse shall be made to the Code Enforcement Officer at least 10 days prior to the regular Planning Board meeting. Architectural plans shall be submitted, showing the structure or structures and also their relation to each other and to adjacent structures. A fee as set from time to time by resolution of the Village Board of Trustees shall accompany the application.

[Amended 9-10-2003 by L.L. No. 2-2003]

Upon filing of the application, the Code Enforcement Officer shall immediately notify the Planning Board and send to the Board the application and plans or other documents. The Board shall thereupon review the application and within 45 days shall approve or disapprove the plans. If the Planning Board approves such plans, it shall issue a certificate of approval and send a copy of its approval to the Code Enforcement Officer. Approvals shall be upon such terms and conditions as the Board shall consider appropriate and that are rationally related to the application and purposes of its jurisdiction. Any such approval that is not exercised within six months shall be deemed to be void.

§ 130-17 Off-street parking and loading regulations.

If the Planning Board shall disapprove the plans, it shall notify the Code Enforcement Officer, who shall thereupon deny the application for a permit.

[Amended 2-14-1996 by L.L. No. 1-1996; 6-14-2006 by L.L. No. 2-2006; 7-10-2019 by L.L. No. 1-2019; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

In all districts, off-street automobile parking spaces and truck loading areas for the various permitted uses shall be required at the time any of the principal buildings or structures of such uses are constructed or altered, as follows:

Required off-street automobile parking spaces. The minimum cumulative number of spaces shall be determined by the amount of dwelling units, bedrooms, floor area, members, equipment, employees and/or seats contained in such new buildings or structures or added by alteration of building or structures, and such minimum number of spaces shall be maintained by the owners of such buildings or structures, as follows:

Office, business and commercial uses.

For retail business or service, bank, post office or restaurant: one space for each 200 square feet of floor area, except in the B-1 District there shall be no off-street parking requirements for retail store or restaurant.

For office, including professional, personal service and public utility: one space for each 200 square feet of floor area.

For bar or nightclub: one space for each 50 square feet of floor area.

For funeral home: one space for each five seats of chapel or chapel's capacity.

For any commercial use: one space for each company vehicle in addition to other required spaces.

For hotel and motel: one space for each bedroom, plus one space for each four employees, except in the B-1 District there shall be no off-street parking requirements for hotel and motel.

Spaces in municipal parking lots, designed to serve nongovernmental uses where provided, may be credited toward the parking requirements for the nonresidential uses in Subsection A(1), provided that:

These spaces are within 400 feet of the uses to be served.

The parking needs of existing facilities (within 400 feet and computed on the same basis as for new facilities) are satisfied first, and only excess capacity is used for this purpose.

A special permit for such use is obtained from the Zoning Board of Appeals.

Public and semipublic uses.

For places of public assembly, including churches, theaters and concert halls: one space for each four seats of seating capacity.

For elementary school or day nursery: two spaces for each classroom.

For high school or college: five spaces for each classroom.

For museum, art gallery, institution or philanthropic use: one space for each 800 square feet of gross floor area.

For hospital, sanatorium, nursing or convalescent home: one space for each two beds.

For club: one space for each 200 square feet of gross floor area or one space for six seats of seating capacity, whichever is greater.

Recreational uses.

For golf course or bowling alley: four spaces for each tee or alley.

For skating rinks: one parking space for each 100 square feet of area available for skating.

Residential uses.

For one- or two-family dwellings: two spaces per dwelling unit.

For multifamily dwellings: two spaces per dwelling unit.

Customary home occupation or professional office in a dwelling unit: one space for each 200 square feet devoted to such customary home occupation or professional office, plus the required space per dwelling unit.

Boardinghouse: one space for each bedroom.

For uses not listed herein, as established by the Zoning Board of Appeals.

Calculation of required spaces. In the case of a combination of uses, the total requirements for off-street automobile parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.

Dimensions of off-street automobile parking spaces. Such space provided shall be at least 8.5 feet wide and 18.5 feet long, and every space shall have direct and usable driveway access to a street or alley with the minimum maneuver area between spaces as follows:

Parallel curb parking: five feet end-to-end with twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.

Thirty-degree parking: thirteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Forty-five-degree parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Sixty-degree parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Perpendicular parking: twenty-six-foot aisle width for one-directional and two-directional flow.

Location of required spaces.

In any residential district, no open or enclosed parking area shall encroach on any required front yard or required open areas. Open parking areas may encroach on a required side or rear yard within three feet of a property line.

In business districts, such spaces located on the lot shall be located in side or rear yards. Rear yard locations shall be preferred.

No entrance and exit drives connecting the parking area and the street shall be permitted within 25 feet of the intersection of two public rights-of-way.

Required off-street truck loading areas.

For funeral homes: one berth for each chapel.

For hotels and motels: one space for each bedroom, plus one space for each four employees, except in the B-1 District there shall be no off-street truck loading area requirements for hotels and motels.

For office, business and commercial uses: one berth for 10,000 square feet to 25,000 square feet of floor area and one additional berth for each additional 25,000 square feet of floor area.

For other permitted nonresidential uses: one berth for 10,000 square feet to 25,000 square feet of floor area and one additional berth for each additional 25,000 square feet of floor area, unless it can be proven that truck deliveries shall not exceed one vehicle per day.

Dimensions of off-street loading berths. Each required loading berth (open or enclosed) shall have the following minimum dimensions: 35 feet long, 12 feet wide and 14 feet high, except that berths for funeral homes may be 20 feet long, 10 feet wide and eight feet high.

Location of required berths. All off-street loading areas shall be located on the same lot as the use for which they are permitted or required. Open off-street loading areas shall not encroach on any required front or side yard or accessway of off-street parking area, except that in business districts, off-street parking areas, where they exist, may be used for loading or unloading, provided that such spaces shall not be so used for more than three hours during the daily period that the establishment is open for business.

Construction of parking areas. Required parking spaces for more than two cars shall be paved with a minimum of six inches of gravel subbase and an all-weather surface of asphalt, concrete, shale, gravel penetrated with oil or material such as paving stones or concrete pavers. The individual spaces shall be visibly marked with paint or other durable material. Parking areas to be used at night shall be lighted. All lights shall be shaded or so directed as not to cause glare on adjoining residential properties and shall be so directed as not to cause a traffic hazard due to glare or color.

Landscaping, drainage and maintenance.

Twenty percent of the area of the lot usable for off-street parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material.

All loading berths and parking areas that abut a residential lot line shall be screened such as by a six-foot-high brick or stone wall, compact evergreen hedge, a landscape strip of trees and shrubs so designed as to form a year-round visual screen from the adjoining property or a six-foot-high wooden fence.

Drainage and runoff shall not adversely affect adjacent property.

All parking areas including landscaping and drainage facilities shall be properly maintained thereafter in a sightly and well-kept condition.

§ 130-18 Gasoline filling stations.

In any district where permitted, a gasoline filling station shall be subject to the following regulations:

Filling stations shall be permitted only on lots of 20,000 square feet or more, with 100 feet minimum frontage.

The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area.

No fuel pump shall be located closer than 20 feet from any side lot line nor closer than 45 feet from any street line, measured from the outside edge of the fuel island.

[Amended 2-14-1996 by L.L. No. 1-1996]

No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station unless a public street lies between such service station and such building or use.

All major repair work and all storage of equipment and parts shall be within a completely enclosed building which has a maximum height of 25 feet. Such repair work shall not include any body repair work or spray painting or car washing which requires mechanical equipment in a B-2 District except by special permit of the Zoning Board of Appeals as provided by this chapter.

§ 130-19 Sign regulations.

[Amended 5-26-1977 by L.L. No. 3-1977; 2-14-1996 by L.L. No. 1-1996; 10-9-2013 by L.L. No. 3-2013]

General requirements. No sign shall be permitted in the Village of Kinderhook except in accordance with this section. It shall be unlawful for any person to construct, erect, display, alter, or maintain any sign without having first obtained a permit from the Code Enforcement Officer, except for temporary signs as allowed by this section. The Code Enforcement Officer can approve sign applications that are in accordance with the provisions of this chapter. The Code Enforcement Officer shall refer applicants to the Historic Preservation Commission, Zoning Board of Appeals, or the Planning Board for approval prior to the issuance of any permit, if necessary, in accordance with Village laws and regulations.

All permitted signs shall be in compliance with the attached table.[1]

Editor's Note: Said table is included as an attachment to this chapter.

No provision of this section proscribes the use of signs by the Trustees of the Village of Kinderhook, or any other governmental agency, in order to maintain the health, safety, and welfare of the public.

All required signage dimensions are contained in attached table at the end of this § 130-19.[2]

Editor's Note: Said table is included as an attachment to this chapter.

Signs in residential districts.

Nonconforming uses and permitted nonresidential uses, except places of worship, libraries, museums, social clubs or societies, and nonprofit day nurseries, may display signs pertaining to the use of the property and/or goods or services rendered thereupon.

Dwellings for five or more families may display nonilluminated signs identifying the premises.

Any dwelling unit in a detached or attached structure may display one nameplate or professional sign, provided that such sign is fixed to the main wall of the residence building.

Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs or societies, and nonprofit day nurseries shall be located on the premises.

Signs pursuant to this section shall be set back at least five feet from the lot line if not attached to the building.

Signs in business districts.

B-1 Business District. Signs applicable to goods or services rendered on the premises upon which such sign is located are permitted.

B-2 Business District. Signs applicable to goods or services rendered on the premises upon which such sign is located are permitted.

Other provisions regulating signs.

Representational signs. No representational signs shall be permitted in any district unless approved by the Planning Board and/or the Historic Review Commission.

Advertising signs. Notwithstanding any other provisions of this chapter, signs not pertaining to the use, sale, rent, or lease of property on the same lot, and signs not representing construction or subdivision activity as allowed, are not permitted in any district.

Projecting signs. Two-faced signs attached to the building and projecting over the public right-of-way maintained by the Village will be permitted.

No sign may be located on the public right-of-way, except as provided in Subsection D(11) below.

Subdivision signs. Any persons offering lots for sale in a subdivision may erect nonilluminated directional signs within the limits of the subdivision or adjoining property in the same ownership. The permit for such signs shall be issued for a period of six months; renewal of the permit is allowed for additional periods of six months following a determination by the Code Enforcement Officer that the signs have been repainted or are in good condition in each case.

Real estate signs advertising the sale, rental, or lease of the premises upon which said signs are located may be erected within any residential district or business district. Such sign shall not be nearer than five feet to the right-of-way line. No such sign shall be attached to a tree or utility pole.

One professional or business nameplate may be erected for one professional or business establishment where such signs would not otherwise be a permitted use.

One sign denoting the architect, engineer, and/or contractor may be erected on the premises of a work site during the course of construction on said premises.

(9)

Memorial signs, historical markers or tablets, names of buildings and dates of erection may be allowed subject to specifications and review by the Planning Board and/or Historic Preservation Commission.

(10)

On buildings 50 or more years old, one sign indicating the age and history of the building may be erected in addition to any other permitted signs. This sign shall be attached flush to the front of the building and shall conform to the specifications established by the Planning Board and/or Historic Preservation Commission.

(11)

Traffic or other municipal signs, legal notices, and such temporary, emergency, or nonadvertising signs as may be authorized by the Village Board may be erected.

(12)

Illuminated signs. Signs shall be illuminated only with a steady indirect white light. This light may not be intermittent or varying in intensity and may not produce direct glare beyond the limits of the property line. All bare incandescent light sources and immediately adjacent reflecting surfaces shall be shielded from view. This means no neon or other internally lit signs shall be allowed.

(13)

No revolving or oscillating signs shall be permitted.

(14)

Banners. Temporary, nonpermanent promotional banners are allowed no more than 30 days prior to an event. Such promotional banners must be removed within five days after the event as described in the chart attached to this section.[3] If the promotional banner is not associated with a specific event, it shall be limited to a period not to exceed 90 days. However, no other sign or part thereof shall contain or consist of banners, posters pennants, ribbons, streamers, spinners, or other similar moving, fluttering, or revolving devices These devices, as well as strings of lights, shall not be used for the purposes of advertising or attracting attention when not part of a sign.

NONHOSTED SHORT-TERM RENTAL

Editor's Note: Said table is included as an attachment to this chapter.

(15)

Posters. Temporary, nonpermanent posters promoting or otherwise relating to public events, including but not limited to political events, special events, sporting events, and shows, shall not be displayed until four weeks prior to the event and must be removed within five days after the event. No such sign shall be attached to a tree or utility pole.

(16)

Removal of certain signs. Any sign now or hereafter existing which no longer advertises a business conducted or a product available for purchase by the public on the premises shall be taken down and removed by the owner, agent, or persons having the beneficial use of the building or structure upon which such sign may be found within 10 days after written notification from the Code Enforcement Officer. Upon failure to comply with such notice within the time specified in such an order, the Code Enforcement Officer is hereby authorized to cause removal of such sign(s). Any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.

(17)

Temporary signs. Temporary promotional signs for such purposes as sales in conjunction with a business, nonprofit organization functions, seasonal sales and any other temporary functions shall be permitted for a period not to exceed 30 days maximum. No portion of the temporary sign shall remain in place except during the time period of use. Temporary signs shall not be allowed more than four times per year for any one business or function. Garage sale signs must comply with § 130-16K of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(18)

Movable sidewalk signs. Movable sidewalk signs are not permitted in any district except for businesses uses in the business districts. They shall only be displayed during business hours and must be located to permit the safe and convenient flow of pedestrian traffic. Movable sidewalk signs shall not exceed two per business.

(19)

Billboards. Signs which direct attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing elsewhere than upon the same lot where such sign is displayed, or only incidentally sold, offered, or existing upon such lot, are prohibited in all districts, except that the Village may establish special public information centers wherein approved directional signs for businesses may be located.

§ 130-20 Mobile homes.

Mobile homes are specifically prohibited in all zoning districts.

Nothing in this chapter shall prohibit the storing or parking of an unoccupied camping, travel trailer or motor coach on any residential lot, provided that such trailer or motor coach is located only in the rear yard and shall not be located closer to the side lot line than the required side yard and not closer than 10 feet to the rear lot line. The temporary parking of an occupied camping, travel trailer or motor coach on a residential lot is permitted, provided that such trailer is located only in the rear yard and shall not be located closer to the side lot line than the required side yard and not closer than 10 feet to the rear lot line. For the purposes of this chapter, "temporary" shall mean not longer than 30 days in any year.

§ 130-21 Sanitary disposal.

No person shall undertake to construct any new building or structure in the Village of Kinderhook without first meeting the requirements for a system or facilities for the separate disposal of waterborne sewage, domestic or trade wastes in accordance with applicable regulations of the Village, the Columbia County Department of Health and other governmental authorities.

§ 130-22 Short-term rentals. [1]

[Added 7-31-2023 by L.L. No. 3-2023]

Definitions. Unless otherwise expressly stated, the following terms shall have, for the purpose of this section, the following meanings:

BED-AND-BREAKFAST

A food service establishment that is a transient lodging facility, which is the owner's or innkeeper's personal residence, is occupied by the owner or innkeeper at the time of rental to an in-house guest, and in which breakfast is the only meal served. Bed-and-breakfasts do not include short-term rentals.

HOSTED SHORT-TERM RENTAL

A single-family or two-family dwelling, or an accessory dwelling unit, in which at least one and not more than three bedrooms are for overnight accommodation, the rates for which include lodging only, and in which no public restaurant is maintained and no other commercial services offered. The host occupies the short-term rental property and remains on-site and resides in a habitable dwelling unit or portion thereof throughout the guest's stay. A qualifying property must be the owner's primary residence.

LODGING ESTABLISHMENT

A place where overnight accommodations are regularly provided to the transient, traveling, or vacationing public, including hotels, motels, and inns. Lodging establishments do not include short-term rentals.

LONG-TERM RENTAL

A single-family dwelling, two-family dwelling, or multiunit apartment building in which a landlord leases to a tenant for 30 days or more.

A single-family or two-family dwelling, or an accessory dwelling unit, in which at least one and not more than three bedrooms are for overnight accommodation, the rates for which include lodging only, and in which no public restaurant is maintained and no other commercial services offered. The host does not remain on-site throughout the guest's stay. A qualifying property must be the owner's primary residence.

Presumption of dwelling unit as short-term rental property.

The presence of the following shall create a presumption that all or a part of the property is being used as a short-term rental:

All or a part of the property is offered for lease on a short-term rental website, including but not limited to Airbnb, Home Away and VRBO, for a rental period of less than 31 days; and/or

All or a part of the property is offered for lease for a period of 30 days or less through any form of advertising.

The foregoing presumptions may be rebutted by evidence presented to the Code Enforcement Officer that the premises are not operated as a short-term rental.

Permit required for short-term rental.

Owners shall not use their property as a short-term rental without obtaining a short-term rental permit from the Code Enforcement Officer after site plan review by the Village Planning Board.

A short-term rental permit shall be valid for two years and must be renewed 30 days prior to expiration of the current permit if the premises are to continue to operate as a short-term rental.

The short-term rental permit is not transferable to a new owner. The new owner of the premises subject to a short-term rental permit must file a new permit application.

Nonhosted short-term rental permits cumulatively issued in the Village of Kinderhook shall not exceed 12 at any one time.

Permits for nonhosted short-term rentals will be available on a first-come-first-served basis. If more residents apply than there are permits available, a waiting-list will be created by the Code Enforcement Officer. Nonhosted short-term rental permit holders will be given the opportunity to renew their permits 30 days before expiration. If a homeowner allows their permit to expire, then the next resident on the waiting list will be offered the opportunity to process an application.

Short-term rental application requirements.

Applications for a short-term rental permit may be obtained at the Village of Kinderhook. A short-term rental permit shall be submitted to the Code Enforcement Officer, accompanied by payment of a nonrefundable permit fee to be determined from time to time by resolution of the Village Board. The application shall include the following:

Residency documentation from all property owners proving primary residency. Acceptable forms of residency documentation shall be reviewed and accepted at the discretion of the Code Enforcement Officer, and shall include, but not be limited to, a driver's license or other government-issued ID, a utility bill for the property, a vehicle registration showing name and property address, or other proof of residency at the short-term rental location.

A statement authorizing the Code Enforcement Officer to inspect the property to ensure compliance with all requirements and standards contained within this chapter. The CEO will make an appointment with the property owner to inspect the property.

An acknowledgement of present and ongoing compliance with the short-term rental standards as defined in this chapter, including, but not limited to, the demonstration of adequate off-street parking spaces for the proposed short-term rental.

An accurate floor plan for each level of the dwelling that can be occupied measuring at least 8.5 inch by 11 inch, drawn to scale, and certified by the applicant. The floor plan does not need to be prepared by a professional, but must include the following:

The location of buildings and parking.

Basement: location of house utilities and all rooms including bedrooms, windows, exits and any heating/cooling units.

First floor: all rooms, including bedrooms, windows, exits and any heating/cooling units.

[4]

Second floor: all rooms including bedrooms, windows, exits and any heating/cooling units.

[5]

Attic (if present): all rooms including bedrooms, windows, exits and any heating/cooling units.

A statement that none of the owners of the subject property have had a short-term rental permit revoked within the previous year for any rental properties owned individually or together with others.

All completed applications are subject to a floor plan review and approval by the Code Enforcement Officer.

(g)

Owners wishing to apply for a variance relating to sleeping capacity, parking capacity, or other standards stated required herein must apply to the Zoning Board of Appeals. Applications will be reviewed by the Zoning Board of Appeals in accordance with this Chapter 130, Zoning.

Short-term rental site plan review.

All short-term rental applications shall be referred to the Planning Board when deemed complete by the Code Enforcement Officer for a site plan review by the Planning Board.

When the application is deemed complete by the Planning Board, a public hearing shall be conducted by the Planning Board and the applicant shall cause a notice of hearing to be delivered to all adjoining property owners, by first-class mail, no less than 10 days prior to the scheduled hearing with a copy of the application materials. The applicant shall submit an affirmation of mailing to demonstrate compliance.

After public hearing, the Planning Board, in its discretion and applying the provisions of this chapter, may approve, deny, or approve with conditions the short-term rental and, if approved, the Planning Board shall refer the application to the Code Enforcement Officer to issue the short-term rental permit.

Planning Board review is required upon the initial application for a short-term rental permit, but not upon renewals, if in the discretion of the Code Enforcement Officer there have been no changes to the operations or violations that would require additional Planning Board Review in order to renew the permit.

Short-term rental standards.

Property must comply and meet all current NYS Uniform Building Codes.[2]

Editor's Note: See also Ch. 62, Fire Prevention and Building Code.

There shall be one working smoke detector in each sleeping room and one additional smoke detector on each floor.

Carbon monoxide detectors shall be installed as required by the New York State Uniform Fire Prevention and Building Code.

Evacuation procedures must be posted in each sleeping room to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke detecting or other alarm device.

There shall be an ABC fire extinguisher on each floor and in the kitchen. Fire extinguishers shall be inspected prior to a renter occupying the property and no less than monthly by the permit holder(s) to ensure each contains a full charge. A record of the date inspected initialed by the permit holder shall be maintained and made available to the Code Enforcement Officer upon request.

The house number shall be located on the dwelling unit so that the house number is clearly visible from both the road and the driveway.

Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.

Electrical systems shall be in good operating condition, labeled, unobstructed and shall be visible for the Code Enforcement Officer during the permitting process. Any defects found shall be corrected prior to permit issuance.

(9)

All fireplaces shall comply with all applicable laws and regulations.

(10)

The property must have a minimum of one off-road parking space for every bedroom shown on the floor plan included with the application. Exception can be made for the B-1 district only, where suitable off premises overnight parking is demonstrated as available.

(11)

Maximum occupancy for each short-term rental unit shall not exceed two people per bedroom shown on the floor plan included with the application and two people per minimum full size convertible sleeping accommodation furniture (i.e., futon, hide-a-bed) also identified on the floor plan. The maximum occupancy of any short-term rental unit shall not exceed eight people, including permanent residents and renters.

(12)

In the event that the property has a septic system, the maximum occupancy shall be defined by the capabilities of the septic system as built, but in no event shall overnight occupancy for any short-term rental unit exceed 10 people total.

(13)

The septic system must have been pumped within the past four years and proof of pumping and satisfactory inspection by a qualified septic disposal firm shall be available to the Code Enforcement Officer. Once a short-term rental permit is issued, the septic system must be pumped at least once every four years.

(14)

The water supply to the property must meet all state requirements.

(15)

Signage identifying the short-term rental, or any vacancy is not allowed for any short-term rental.

(16)

The property shall be designed, maintained, and operated to preserve and complement the residential appearance of the site and the existing character of the surrounding area. There shall be no change permitted to the residential character of the outside appearance of the building, either using materials, signage, or lighting.

(17)

An owner leaving the Village overnight during the rental period for hosted and nonhosted rentals must engage the services of an agent with the right to enter and maintain possession of the dwelling. The agent shall be responsible and authorized to act on the owners' behalf to promptly remedy any violation of the standards outlined in this chapter. This agent must be available 24 hours a day to respond to renter and neighbor concerns and be capable of responding within two hours of notification from the Village. This agent must be registered with the Village, with name, address, email, and telephone contact information.

(18)

The guest bedrooms shall be limited to the principal dwelling and/or one habitable, permitted accessory building. Any guest room in an accessory building shall have sanitary facilities within that accessory building approved by the Code Enforcement Officer.

(19)

Nonhosted short-term rentals are limited to 60 days in any one calendar year. A "rental day" shall be deemed to mean any day that the property is occupied for rental overnight.

(20)

The owner shall collect and preserve registration records of renters for a minimum of three years and make them available for inspection upon request of the Code Enforcement Officer.

(21)

All applicants and permit holders must provide evidence of property insurance and a certificate of liability insurance indicating the premises is rated and insured as a short-term rental and maintain such insurance throughout the term of the short-term rental permit. The owner may provide proof of third party coverage by the short-term rental booking service.

(22)

Provisions shall be made for weekly garbage removal during rental periods. Garbage containers shall be secured with tight-fitting covers at all times to prevent leakage, spilling or odors, and placed where they are not clearly visible from the road except at approximate pickup time.

(23)

All applicants and permit holders must post on the property for renters a notification which includes the following:

Maximum property occupancy.

Maximum on-site parking provided.

Good neighbor statement, stating:

The short-term rental is in a residential area in the Village of Kinderhook and renters should be considerate of the residents in neighboring homes.

Guests are requested to observe quiet hours from 10:00 p.m. to 7:00 a.m.

All renters will be subject to New York Penal Law, § 240.20, or any successor statute regarding disorderly conduct.

[4]

Littering is illegal.

[5]

Recreational campfires must be attended.

Procedure on filing application.

Short-term rental permit applications shall be filed with the Village of Kinderhook Code Enforcement Officer with all supporting documentation and the nonrefundable permit fee. Only completed applications will be accepted by the Village's Code Enforcement Officer. The Code Enforcement Officer may decline to accept an application for consideration for any of the following reasons:

The application does not provide sufficient information as to the property being the host's primary residence.

The application documentation required by this chapter was not included or the full permit fee was not paid.

A previously issued short-term rental permit was suspended or revoked within the past year and defects and/or violations have not been corrected and inspected by the Code Enforcement Officer.

Upon the Code Enforcement Officer's acceptance of the completed permit application, all documents and information required by this chapter and the permit fee, the Code Enforcement Officer shall have 30 days to conduct a property inspection to certify and approve that all short-term rental requirements have been met.

Upon approval of the short-term rental application by the Code Enforcement Officer, and site plan review by the Planning Board, a short-term rental permit will be issued. Short-term rental permits issued pursuant to this chapter shall state the following:

The names, addresses and phone numbers of each person that has an ownership interest In the short-term rental property.

The name, address and phone number of a primary contact person who shall be available during the entire time the short-term rental property is being rented.

The maximum occupancy and parking limits for the short-term rental property.

Identification of the number of and location of parking spaces available.

Any conditions imposed by the Zoning Board of Appeals and/or Code Enforcement Officer.

Conformity and display of permit. Short-term rental permits are subject to continued compliance with the following:

If the Code Enforcement Officer has probable cause to believe that the owner is not in compliance with the provisions of this chapter, the Code Enforcement Officer may request permission from an owner of the short-term rental permit to enter the premises and to conduct an inspection of the short-term rental property for purposes of ensuring compliance. If the property owner refuses to permit the Code Enforcement Officer to inspect the property, the permit will be suspended. If an inspection authorized herein is conducted, the Code Enforcement Officer shall use the results of such inspection in determining whether to suspend the permit.

The short-term rental permit, maximum occupancy limit, maximum parking, contact information and standards shall be prominently displayed inside and near the front entrance of the short-term rental.

The short-term rental permit holder shall ensure that current and accurate information is provided to the Code Enforcement Officer and that they notify the Code Enforcement Officer immediately of any change in the information for the permit. If, based on such changes, the Code Enforcement Officer issues an amended short-term rental permit, the owners must immediately post the amended permit inside and near the front entrance of the short-term rental.

The short-term rental permit holder must conspicuously display the short-term rental permit number in all advertisements for the applicable short-term rental.

Application for renewal of permit. Renewal permits will be granted for an additional two-year term if the following conditions are met:

Application for renewal of the short-term rental permit shall be made 30 days prior to expiration of current permit and requires payment of renewal fee.

At the time of application for renewal, the owner or designated agent must present the previous permit for short-term rental.

The property must have undergone an inspection performed by the Code Enforcement Officer.

Any violations must be remedied prior to renewal of a permit for short-term rental.

Violations and penalties.

Violations of this chapter or of any short-term rental permit issued pursuant to this chapter shall be subject to the following enforcement and penalties.

If the Code Enforcement Officer either witnesses or receives a written complaint of an alleged violation of this chapter or of any short-term rental permit condition, the Code Enforcement Officer shall properly record such violation and immediately investigate the report thereon. If the Code Enforcement Officer determines there is a violation, the owners shall be notified in writing by first-class mall and certified mail of said violation and must remedy said violation. In the event the violation is not remedied by the permit holder, the Code Enforcement Officer may take any or all the following actions:

Suspend the short-term rental permit. The notice of suspension shall be provided to the property owner and a copy filed with the Village Clerk.

Require corrective action that remedies the violation(s). The corrective action must be completed and approved within 30 days of notice from the Code Enforcement Officer or the owner risks revocation of the short-term rental permit.

Attach conditions to the permit to cure or prevent violation of terms of the existing short-term rental permit.

In the event the permit holder does not remedy the violation, the Code Enforcement Officer shall revoke the short-term rental permit. Should a permit be revoked, all owners of the short-term rental are prohibited from obtaining a short-term rental permit on the property for one year after the date of revocation. The Code Enforcement Officer shall send notices of revocation to property owners and shall file a copy with the Village Clerk.

Issue a court appearance ticket for violation of a Village law.

Grounds for immediate revocation of permit. The Code Enforcement Officer may immediately revoke a short-term rental permit based on any of the following grounds:

Applicant has falsified or failed to provide information in the application for a permit or the application for permit renewal.

The owner is found in violation of any other provision of the Code of the Village of Kinderhook.

Any conduct on the premises which disturbs the health, safety, or welfare of residents or the public.

Removal or disrepair of any safety devices, such as, but not limited to, smoke and carbon monoxide detectors, fire extinguishers and egresses.

Penalties for offenses.

Any person or entity that shall violate any provision of this section shall be guilty of a violation and shall be punishable by a fine of not more than $500.

Each and every violation of a provision or provisions of this section shall constitute a separate and distinct violation for each and every day said violation exists.

Editor's Note: Former § 130-22, Historic District, was repealed 2-14-2004 by L.L. No. 1-2004; see now Ch. 75, Landmarks and Historic Districts.

§ 130-23 Flood damage prevention.

[Amended 2-15-1979 by L.L. No. 1-1979; 11-22-1982 by L.L. No. 3-1982; 6-29-1987 by L.L. No. 2-1987]

Findings. The Board of Trustees of the Village of Kinderhook finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Village of Kinderhook and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this section is adopted.

Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.

Control filling, grading, dredging and other development which may increase erosion or flood damages.

Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

Qualify for and maintain participation in the National Flood Insurance Program.

Protect the public and private water from contamination.

Objectives. The objectives of this section are to:

Protect human life and health.

Minimize expenditure of public money for costly flood-control projects.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

Minimize prolonged business interruptions.

Minimize damage to public facilities and utilities, such as water and gas mains; electric, telephone, sewer lines; and streets and bridges, located in areas of special flood hazard.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.

Provide that developers are notified that property is in an area of special flood hazard.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Definitions; word usage.

Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meanings they have in common usage and to give this section its most reasonable application.

AREA OF SPECIAL FLOOD HAZARD

As used in this section, the following terms shall have the meanings indicated:

100-YEAR FLOOD

The same meaning as "base flood."

APPEAL

A request for a review of the local administrator's interpretation of any provision of this section or a request for a variance.

AREA OF SHALLOW FLOODING

A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one feet to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.

The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1 through A99, V, VO, VE or V1 through V30. It is also commonly referred to as the "base floodplain" or "100-year floodplain."

BASE FLOOD

The flood having a 1% chance of being equaled or exceeded in any given year.

BASEMENT

That portion of a building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

BUILDING

Any structure built for support, shelter or enclosure for occupancy or storage.

CELLAR

The same meaning as "basement."

COASTAL HIGH HAZARD AREA

The area subject to high-velocity waters, including but not limited to hurricane wave wash. The area is designated on a FIRM as Zone V1 through V30, VE, VO or V.

DEVELOPMENT

Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard.

ELEVATED BUILDING

A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) or shear walls.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)

An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided.

FLOOD INSURANCE RATE MAP (FIRM)

An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary and Floodway Map and the water surface elevations of the base flood.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters.

FUNCTIONALLY DEPENDENT USE

The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The same meaning as "regulatory floodway."

FLOOR

The top surface of an enclosed area in a building, including basement, i.e., the top of the slab in concrete slab construction or the top of wood flooring in wood frame construction.

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair. The term does not include long-term storage, manufacture, sales or service facilities.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

LOWEST FLOOR

The lowest level, including basement or cellar, of the lowest enclosed area. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

MEAN SEA LEVEL

For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

MOBILE HOME

The same meaning as "manufactured home."

NATIONAL GEODETIC VERTICAL DATUM (NGVD)

As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this section.

PRINCIPALLY ABOVE GROUND

At least 51% of the actual cash value of the structure, excluding land value, is above ground.

REGULATORY FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Subsection L(2) of this section.

SAND DUNES

Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

START OF CONSTRUCTION

The initiation, excluding planning and design, of any phase of a project or physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes, the "actual start" means the affixing of the manufactured home to its permanent site.

STRUCTURE

A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

Any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

Any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

VARIANCE

A grant of relief from the requirements of this section which permits construction or use in a manner that would otherwise be prohibited by this section.

Lands to which this section applies. This section shall apply to all areas of special flood hazard within the jurisdiction of the Village of Kinderhook.

Basis for establishing the areas of special flood hazard. The areas of special flood hazard are identified by the Federal Emergency Management Agency in a scientific and engineering report, entitled the "Flood Insurance Study for the Village of Kinderhook of Columbia County, New York," dated June 1, 1982, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, which is hereby adopted and declared to be a part of this section. The Flood Insurance Study and maps are on file at the Village Hall in Kinderhook, New York.

Interpretation; conflict with other laws.

This section is adopted in response to revisions to the National Flood Insurance Program effective October 1, 1986, and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance.

In their interpretation and application, the provisions of this section shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern.

Penalties for noncompliance. No structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this section and any other applicable regulations. Any infraction of the provisions of this section by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent said Board of Trustees from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this section for which the developer and/or owner has not applied for and received an approved variance under Subsections P and Q will be declared noncompliant and notification be sent to the Federal Emergency Management Agency.

Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Village of Kinderhook, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

Designation of the local administrator. The Code Enforcement Officer is hereby appointed local administrator to administer and implement this section by granting or denying development permit applications in accordance with its provisions.

Establishment of development permit. A development permit shall be obtained before the start of construction or any other development within the areas of special flood hazard as established in Subsection F. Application for a development permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; and existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.

Application stage. The following information is required where applicable:

The elevation, in relation to mean sea level, of the proposed lowest floor, including basement or cellar, of all structures.

The elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.

When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in Subsection M(3)(a).

A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in Subsection N.

A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

Construction stage. Upon placement of the lowest floor, or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the local administrator a certificate of the elevation of the lowest floor, or floodproofed elevation, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.

Duties and responsibilities of the local administrator. Duties of the Local Administrator shall include but not be limited to:

Permit application review. The local administrator shall:

Review all development permit applications to determine that the requirements of this section have been satisfied.

Review all development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

Review all development permit applications to determine if the proposed development adversely affects the areas of special flood hazard. For the purposes of this section, "adversely affects" means physical damage to adjacent properties. An engineering study may be required of the applicant for this purpose.

If there is no adverse effect, then the permit shall be granted consistent with the provisions of this section.

If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit.

Review all development permits for compliance with the provisions of Subsection M(5), Encroachments.

Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with Subsection F, Basis for establishing areas of special flood hazard, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to Subsection M(4)(d), in order to administer Subsection N, Specific standards, and Subsection O, Floodways.

Information to be obtained and maintained. The local administrator shall:

Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar, of all new or substantially improved structures and whether or not the structure contains a basement or cellar.

For all new or substantially improved floodproofed structures:

Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed.

Maintain the floodproofing certifications required in Subsections M and N.

Maintain for public inspection all records pertaining to the provisions of this section, including variances, when granted, and certificates of compliance.

Alteration of watercourses. The local administrator shall:

Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York 10278.

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the fIood-carrying capacity is not diminished.

Interpretation of FIRM boundaries.

The local administrator shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified areas of special flood hazard and actual field conditions.

Base flood elevation data established pursuant to Subsection F and/or L(2), when available, shall be used to accurately delineate the areas of special flood hazard.

The local administrator shall use flood information from any other authoritative source, including historical data, to establish the limits of the areas of special flood hazard when base flood elevations are not available.

Stop-work orders.

All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in Subsection H of this section.

All floodplain development found noncompliant with the provisions of this section and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in Subsection H of this section.

Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and to enable said inspector to certify that the development is in compliance with the requirements of either the development permit or the approved variance.

Certificate of compliance.

It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this section.

All other development occurring within the designated flood hazard area will have, upon completion, a certificate of compliance issued by the local administrator.

All certifications shall be based upon the inspections conducted subject to Subsection L(7)(c) and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit.

General standards. In all areas of special flood hazard, the following standards are required:

Anchoring.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Manufactured homes shall be elevated to or above the base flood elevation or two feet above the highest adjacent grade when no base flood elevation has been determined. Methods of anchoring may include but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

Construction materials and methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

Utilities.

Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into systems and discharges from systems into floodwaters.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Subdivision proposals.

All subdivision proposals shall be consistent with the need to minimize flood damage.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed so as to minimize flood damage.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

Base flood elevation data shall be provided for subdivision proposals and other proposed developments, including proposals for manufactured home parks and subdivisions, greater than either 50 lots or five acres.

All subdivision proposals shall be required to fulfill requirements in Chapter 110, Subdivision of Land, and this chapter.

Encroachments.

All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the areas of special flood hazard set forth in Subsection L(1)(c). This may require the submission of additional technical data to assist in the determination.

In all areas of special flood hazard in which base flood elevation data is available pursuant to Subsection L(2) or M(4)(d) and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.

In all areas of special flood hazard where floodway data is provided or available pursuant to Subsection L(2), the requirements of Subsection O, Floodways, shall apply.

Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in Subsection F, Basis for establishing the areas of special flood hazard, and Subsection L(2), Use of other base flood and floodway data, the following standards are required:

[Amended 6-29-2000 by L.L. No. 4-2000]

Residential construction within the 100-year floodplain (F-1 District). In addition to any restrictions, requirements or permits imposed or required by this § 130-23, no new structure intended for human habitation and no new septic tank, leach field or other sanitary sewage system shall be located within the 100-Year Flood Plain (F-1) District.

Nonresidential construction within the 100-year floodplain (F-1 District). In addition to any restrictions, requirements or permits imposed or required by this § 130-23, no new structure intended for any service, retail, office or other commercial use, except for agricultural activities, shall be located within the 100-Year Flood Plain (F-1) District.

Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either have the lowest floor, including basement or cellar, elevated to or above the base flood elevation or be floodproofed so that the structure is watertight below the base flood level, with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.

Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

If the structure is to be floodproofed:

A licensed professional engineer or architect shall develop and/or review structural design specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

A licensed professional engineer or licensed land surveyor shall certify the specific elevation, in relation to mean sea level, to which the structure is floodproofed.

The cost incurred by the Village or the local administrator for engineering and surveying review shall be charged back to the applicant.

The local administrator shall maintain on record a copy of all such certificates noted in this section.

Construction standards for areas of special flood hazard without base flood elevations. New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the base flood elevation as may be determined in Subsection L(2) or two feet above the highest adjacent grade where no elevation data is available.

New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent grade next to the proposed foundation of the structure.

Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.

Openings may be equipped with louvers, valves, screens or other coverings or openings, provided that they permit the automatic entry and exit of floodwaters.

Floodways. Located within areas of special flood hazard are areas designated as floodways. (See definition, Subsection D.) The floodway is an extremely hazardous area due to high velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by Subsections F and L(2), all encroachments, including fill, new construction, substantial improvements and other development are prohibited within the limits of the floodway unless a technical evaluation, including the written certificate of either a professional engineer or architect licensed in the State of New York, demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

Appeals board.

The Zoning Board of Appeals, as established by Article VIII of this chapter, shall hear and decide appeals and requests for variances from the requirements of this section.

The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this section.

Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other subsections of this section and:

The danger that materials may be swept onto other lands to the injury of others.

The danger to life and property due to flooding or erosion damage.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

The importance of the services provided by the proposed facility to the community.

The necessity to the facility of a waterfront location, where applicable.

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

(g)

The compatibility of the proposed use with existing and anticipated development.

(h)

The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.

(i)

The safety of access to the property in times of flooding for ordinary and emergency vehicles.

(j)

The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding.

(k)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(l)

The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

Upon consideration of the factors of Subsection P(4) and the purposes of this section, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.

Conditions for variances.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of a size specified on a Zoning Map for the Village of Kinderhook[1] contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in Subsection P(4)(a) through (l) have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.

Editor's Note: Said map is included as an attachment to this chapter.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the contributing structures procedures set forth in the remainder of this section.

Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:

The criteria of Subsection Q(1), (4), (5) and (6) are met.

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon receiving written justification:

A showing of good and sufficient cause.

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

A determination that the granting of a variance will not result in increased flood height, additional threats to public safety or extraordinary public expense; create nuisances; or cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation.

Specific provisions applicable to the 500-Year Flood Plain Overlay District.

[Added 6-29-2000 by L.L. No. 4-2000]

Findings. The purpose of this district is to preserve the natural functioning of a floodplain, protect health, safety and welfare and to prevent flood damage.

Basis for establishing the area of the 500-Year Flood Plain Overlay District. The area of the 500-Year Flood Plain Overlay District is identified by the Federal Emergency Management Agency in a scientific and engineering report entitled the "Flood Insurance Study for the Village of Kinderhook of Columbia County, NY," dated June 1, 1982, with accompanying Flood Insurance Rate Maps and Flood Boundary Maps, which is hereby adopted and declared to be part of this section. The Flood Insurance Study and maps are on file in the Village Clerk's office.

Uses within the 500-Year Flood Plain Overlay District shall be in accordance with the base zoning district but shall require a special use permit from the Zoning Board of Appeals. Such uses shall:

Preserve natural drainage.

Minimize fill and other actions that require fills.

For any permanent fill within the 500-year floodplain boundary, provide an equal volume of excavation to offset the water displaced by the fill.

Use minimum grading requirements.

For residential and commercial buildings, provide siting and design to minimize damage from flooding.

§ 130-24 Conditional uses allowed by special use permit.

Control runoff. Require use of permeable surfaces where practicable and encourage the use of detention and retention basins. Minimize the amount of impervious surface to control runoff and reduce flood damage.

(g)

Require topsoil protection programs during construction.

[Amended 2-14-1996 by L.L. No. 1-1996; 10-8-2008 by L.L. No. 1-2008]

General provisions. Conditional uses are hereby declared to possess characteristics which require that each specific use shall be considered an individual use. Any use for which a special use permit is granted by the Planning Board shall be deemed a permitted use for that lot or portion thereof, except that for any addition to or enlargement of such use, a separate special use permit shall be required for each addition or enlargement. A conditional use must be in conformity with the provisions of this chapter and shall affect only the lot or portion thereof for which it shall have been granted.

Required plan. A plan for the proposed development of a site for a permitted conditional use shall be submitted with the application to the Planning Board. The plan shall be to scale and accurately dimensioned and shall include the information listed for a site plan in § 130-36B and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of the chapter.

Basis for deliberation; general provisions. Before issuing a special use permit, the Planning Board shall take into consideration the public health, safety, morals and welfare and shall assure itself of the following:

That there shall not be any detrimental effect by the establishment of such use on any other existing uses within the district. The primary consideration shall be protection of the uses that are permitted by right within the district.

That such use shall be in harmony with orderly development of the district and that the location, nature and height of buildings, walls, fences and parking areas will not discourage the appropriate development and use of the adjacent lands.

That all structures, equipment and materials shall be reasonably accessible for fire and police protection.

That such use shall not operate during hours that are disruptive to adjacent land uses and shall not emit objectionable glare, sound and offensive odors.

That the outdoor storage of waste, equipment and other items required for operation shall be adequately screened.

That the use meets the prescribed requirements for the district in which located, including minimum yard requirements for the district in which located or as further specified in this article, and including maximum height, required off-street parking, required landscaping and screening and compliance with the sign regulations and the following prescribed standards.

Prescribed standards. In addition to the above general provisions, the following uses shall comply with the following prescribed standards:

Nursing home or convalescent home.

The total building area shall not exceed a lot coverage of 30%.

Primary access to such use shall not be a minor street serving as access to abutting properties.

Off-street parking areas and outdoor storage areas shall be screened from adjacent residential properties. Any lighting shall be so arranged as not to cause glare on adjacent properties.

No building shall be located within 100 feet of any lot line.

Multifamily dwelling, bed-and-breakfast/boardinghouse.

A multifamily dwelling shall comply with minimum lot area per dwelling unit requirement for the district in which located. A boardinghouse shall not contain more than six rentable units in addition to a dwelling unit.

There shall be off-street parking provided on the same lot as the principal use, at least equal to the minimum requirements specified by this chapter. Off-street parking accessory to a multifamily dwelling shall not be located in a front yard or side yard abutting a street and shall be screened from adjacent properties.

There shall be a finding that the water supply and sewage disposal systems shall be adequate to serve the use.

The primary access to a multifamily dwelling shall not be a minor street designed to serve primarily as access to single-family residential units, but shall be by means of a collector street or other street on which, in the opinion of the Planning Board, the traffic generated by such multifamily dwelling will not adversely affect existing or potential development in the area.

Multifamily dwellings and boardinghouses shall meet the minimum specified front yard, side yard, rear yard, coverage and maximum height requirements specified on the Density Control Schedule[1] for the district in which located.

Editor's Note: Said schedule is included at the end of this chapter.

Signs accessory to a multifamily dwelling shall comply with the regulations in § 130-19B(2).

Gasoline filling station. In addition to complying with the provisions of Subsection C, gasoline filling stations shall comply with the provisions of § 130-18.

Commercial parking lots. In addition to complying with the provisions of Subsection C, shall comply with the provisions of § 130-16H.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Car washing station.

There shall be a finding that such use provides sufficient space for the storage of automobiles waiting to enter the car wash without using public streets.