A.
Customary home occupation. In any district, customary home occupations, as defined in § 130-2B, shall additionally conform to the following limitations:
[Amended 2-14-1996 by L.L. No. 1-1996]
(1)
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)]
(a)
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.
(b)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Sharing, letting or subletting of space for use by
others shall not be permitted in the conduct of their profession,
trade or business.
(8)
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.
B.
Excavations.
(1)
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.
(2)
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]
(3)
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]
C.
Activity standards. In any district, the following
standards for activities shall apply:
(1)
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]
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
No junkyard shall be allowed within the Village limits.
[Added 2-14-1996 by L.L. No. 1-1996]
D.
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.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
E.
Accessory buildings and uses.
(1)
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.
(2)
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]
(3)
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]
F. 
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%.
| |
G.
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]
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]
J.
Agricultural uses; animals.
(1)
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]
(2)
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]
K.
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]
(2)
Hours of sale. All garage sales shall be conducted
between the hours of 8:00 a.m. and 7:00 p.m.
(4)
Exemptions.
(a)
Persons selling goods pursuant to an order of
process of a court of competent jurisdiction.
(b)
Persons acting in accordance with their powers
and duties as public officials.
(c)
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.
(d)
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]
L.
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]
M.
Sales of motorized vehicles, boats and trailers in
residential areas.
[Added 7-8-1998 by L.L. No. 4-1998]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
N.
Conservation subdivisions.
[Added 6-29-2000 by L.L. No. 4-2000]
(1)
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.
(2)
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.
(3)
General rules.
O.
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]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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)]
P.
Architectural review of new buildings for business
uses, multifamily dwellings and townhouses.
[Added 6-29-2000 by L.L. No. 4-2000]
(1)
The purpose of this review is to preserve and extend
the architectural character of the Village.
(2)
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.
(3)
Procedures for review of plan.
(a)
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]
(b)
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.
(c)
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:
A.
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:
(1)
Office, business and commercial uses.
(a)
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.
(b)
For office, including professional, personal
service and public utility: one space for each 200 square feet of
floor area.
(c)
For bar or nightclub: one space for each 50
square feet of floor area.
(d)
For funeral home: one space for each five seats
of chapel or chapel's capacity.
(e)
For any commercial use: one space for each company
vehicle in addition to other required spaces.
(f)
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.
(2)
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:
(a)
These spaces are within 400 feet of the uses
to be served.
(b)
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.
(c)
A special permit for such use is obtained from
the Zoning Board of Appeals.
(3)
Public and semipublic uses.
(a)
For places of public assembly, including churches,
theaters and concert halls: one space for each four seats of seating
capacity.
(b)
For elementary school or day nursery: two spaces
for each classroom.
(c)
For high school or college: five spaces for
each classroom.
(d)
For museum, art gallery, institution or philanthropic
use: one space for each 800 square feet of gross floor area.
(e)
For hospital, sanatorium, nursing or convalescent
home: one space for each two beds.
(f)
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.
(5)
Residential uses.
(a)
For one- or two-family dwellings: two spaces
per dwelling unit.
(b)
For multifamily dwellings: two spaces per dwelling
unit.
(c)
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.
(d)
Boardinghouse: one space for each bedroom.
(6)
For uses not listed herein, as established by the
Zoning Board of Appeals.
B.
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.
C.
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:
(1)
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.
(2)
Thirty-degree parking: thirteen-foot aisle width for
one-directional flow and twenty-six-foot aisle width for two-directional
flow.
(3)
Forty-five-degree parking: sixteen-foot aisle width
for one-directional flow and twenty-six-foot aisle width for two-directional
flow.
(4)
Sixty-degree parking: twenty-one-foot aisle width
for one-directional flow and twenty-six-foot aisle width for two-directional
flow.
(5)
Perpendicular parking: twenty-six-foot aisle width
for one-directional and two-directional flow.
D.
Location of required spaces.
(1)
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.
(2)
In business districts, such spaces located on the
lot shall be located in side or rear yards. Rear yard locations shall
be preferred.
(3)
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.
E.
Required off-street truck loading areas.
(1)
For funeral homes: one berth for each chapel.
(2)
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.
(3)
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.
(4)
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.
F.
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.
G.
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.
H.
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.
I.
Landscaping, drainage and maintenance.
(1)
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.
(2)
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.
(3)
Drainage and runoff shall not adversely affect adjacent
property.
(4)
All parking areas including landscaping and drainage
facilities shall be properly maintained thereafter in a sightly and
well-kept condition.
In any district where permitted, a gasoline
filling station shall be subject to the following regulations:
A.
Filling stations shall be permitted only on lots of
20,000 square feet or more, with 100 feet minimum frontage.
B.
The area for use by motor vehicles, except access
drives thereto, as well as any structures, shall not encroach on any
required yard area.
C.
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]
D.
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.
E.
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.
[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]
A.
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.
(1)
All permitted signs shall be in compliance with the attached table.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(2)
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.
(3)
[2]
Editor's Note: Said table is included as an attachment to this chapter.
B.
Signs in residential districts.
(1)
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.
(2)
Dwellings for five or more families may display nonilluminated signs
identifying the premises.
(3)
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.
(4)
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.
(5)
Signs pursuant to this section shall be set back at least five feet
from the lot line if not attached to the building.
C.
Signs in business districts.
D.
Other provisions regulating signs.
(1)
Representational signs. No representational signs shall be permitted
in any district unless approved by the Planning Board and/or the Historic
Review Commission.
(2)
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.
(3)
Projecting signs. Two-faced signs attached to the building and projecting
over the public right-of-way maintained by the Village will be permitted.
(4)
No sign may be located on the public right-of-way, except as provided in Subsection D(11) below.
(5)
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.
(6)
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.
(7)
One professional or business nameplate may be erected for one professional
or business establishment where such signs would not otherwise be
a permitted use.
(8)
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.
[3]
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.
A.
Mobile homes are specifically prohibited in all zoning
districts.
B.
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.
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.
[Added 7-31-2023 by L.L.
No. 3-2023]
A.
BED-AND-BREAKFAST
HOSTED SHORT-TERM RENTAL
LODGING ESTABLISHMENT
LONG-TERM RENTAL
NONHOSTED SHORT-TERM RENTAL
Definitions. Unless otherwise expressly stated, the following terms
shall have, for the purpose of this section, the following meanings:
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.
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.
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.
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.
B.
Presumption of dwelling unit as short-term rental property.
(1)
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:
(a)
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
(b)
All or a part of the property is offered for lease for a period
of 30 days or less through any form of advertising.
(2)
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.
C.
Permit required for short-term rental.
(1)
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.
(2)
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.
(3)
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.
(4)
Nonhosted short-term rental permits cumulatively issued in the Village
of Kinderhook shall not exceed 12 at any one time.
(5)
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.
D.
Short-term rental application requirements.
(1)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
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:
[1]
The location of buildings and parking.
[2]
Basement: location of house utilities and all rooms including
bedrooms, windows, exits and any heating/cooling units.
[3]
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.
(e)
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.
(f)
All completed applications are subject to a floor plan review
and approval by the Code Enforcement Officer.
E.
Short-term rental site plan review.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
F.
Short-term rental standards.
(2)
There shall be one working smoke detector in each sleeping room and
one additional smoke detector on each floor.
(3)
Carbon monoxide detectors shall be installed as required by the New
York State Uniform Fire Prevention and Building Code.
(4)
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.
(5)
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.
(6)
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.
(7)
Exterior doors shall be operational and all passageways to exterior
doors shall be clear and unobstructed.
(8)
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:
(a)
Maximum property occupancy.
(b)
Maximum on-site parking provided.
(c)
Good neighbor statement, stating:
[1]
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.
[2]
Guests are requested to observe quiet hours from 10:00 p.m.
to 7:00 a.m.
[3]
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.
G.
Procedure on filing application.
(1)
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:
(a)
The application does not provide sufficient information as to
the property being the host's primary residence.
(b)
The application documentation required by this chapter was not
included or the full permit fee was not paid.
(c)
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.
(2)
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.
(3)
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:
(a)
The names, addresses and phone numbers of each person that has
an ownership interest In the short-term rental property.
(b)
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.
(c)
The maximum occupancy and parking limits for the short-term
rental property.
(d)
Identification of the number of and location of parking spaces
available.
(e)
Any conditions imposed by the Zoning Board of Appeals and/or
Code Enforcement Officer.
H.
Conformity and display of permit. Short-term rental permits are subject
to continued compliance with the following:
(1)
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.
(2)
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.
(3)
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.
(4)
The short-term rental permit holder must conspicuously display the
short-term rental permit number in all advertisements for the applicable
short-term rental.
I.
Application for renewal of permit. Renewal permits will be granted
for an additional two-year term if the following conditions are met:
(1)
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.
(2)
At the time of application for renewal, the owner or designated agent
must present the previous permit for short-term rental.
(3)
The property must have undergone an inspection performed by the Code
Enforcement Officer.
(4)
Any violations must be remedied prior to renewal of a permit for
short-term rental.
J.
Violations and penalties.
(1)
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.
(2)
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:
(a)
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.
(b)
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.
(c)
Attach conditions to the permit to cure or prevent violation
of terms of the existing short-term rental permit.
(d)
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.
(e)
Issue a court appearance ticket for violation of a Village law.
K.
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:
(1)
Applicant has falsified or failed to provide information in the application
for a permit or the application for permit renewal.
(2)
The owner is found in violation of any other provision of the Code
of the Village of Kinderhook.
(3)
Any conduct on the premises which disturbs the health, safety, or
welfare of residents or the public.
(4)
Removal or disrepair of any safety devices, such as, but not limited
to, smoke and carbon monoxide detectors, fire extinguishers and egresses.
L.
Penalties for offenses.
(1)
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.
(2)
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.
[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]
A.
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.
B.
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:
(1)
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.
(2)
Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
(3)
Control the alteration of natural floodplains, stream
channels and natural protective barriers which are involved in the
accommodation of floodwaters.
(4)
Control filling, grading, dredging and other development
which may increase erosion or flood damages.
(5)
Regulate the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
to other lands.
(6)
Qualify for and maintain participation in the National
Flood Insurance Program.
(7)
Protect the public and private water from contamination.
C.
Objectives. The objectives of this section are to:
(1)
Protect human life and health.
(2)
Minimize expenditure of public money for costly flood-control
projects.
(3)
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public.
(4)
Minimize prolonged business interruptions.
(5)
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.
(6)
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.
(7)
Provide that developers are notified that property
is in an area of special flood hazard.
(8)
Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
D.
Definitions; word usage.
(1)
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.
(2)
100-YEAR FLOOD
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
CELLAR
COASTAL HIGH HAZARD AREA
DEVELOPMENT
ELEVATED BUILDING
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
FLOODPROOFING
FLOODWAY
FLOOR
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
LOWEST FLOOR
MANUFACTURED HOME
MEAN SEA LEVEL
MOBILE HOME
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
NEW CONSTRUCTION
PRINCIPALLY ABOVE GROUND
REGULATORY FLOODWAY
SAND DUNES
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL IMPROVEMENT
(a)
(b)
VARIANCE
As used in this section, the following terms shall
have the meanings indicated:
The same meaning as "base flood."
A request for a review of the local administrator's interpretation
of any provision of this section or a request for a variance.
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."
The flood having a 1% chance of being equaled or exceeded
in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
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.
Any structure built for support, shelter or enclosure for
occupancy or storage.
The same meaning as "basement."
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.
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.
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.
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.
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.
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.
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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
The same meaning as "regulatory floodway."
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.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
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.
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.
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.
The same meaning as "manufactured home."
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
Structures for which the start of construction commenced
on or after the effective date of this section.
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
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.
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
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.
A walled and roofed building, a manufactured home or a gas
or liquid storage tank that is principally above ground.
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.
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.
E.
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.
F.
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.
G.
Interpretation; conflict with other laws.
(1)
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.
(2)
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.
H.
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.
I.
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.
J.
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.
K.
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.
(1)
Application stage. The following information is required
where applicable:
(a)
The elevation, in relation to mean sea level,
of the proposed lowest floor, including basement or cellar, of all
structures.
(b)
The elevation in relation to mean sea level
to which any nonresidential structure will be floodproofed.
(c)
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in Subsection M(3)(a).
(d)
A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in Subsection N.
(e)
A description of the extent to which any watercourse
will be altered or relocated as a result of the proposed development.
(2)
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.
L.
Duties and responsibilities of the local administrator.
Duties of the Local Administrator shall include but not be limited
to:
(1)
Permit application review. The local administrator
shall:
(a)
Review all development permit applications to
determine that the requirements of this section have been satisfied.
(b)
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.
(c)
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.
(2)
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.
(3)
Information to be obtained and maintained. The local
administrator shall:
(a)
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.
(c)
Maintain for public inspection all records pertaining
to the provisions of this section, including variances, when granted,
and certificates of compliance.
(4)
Alteration of watercourses. The local administrator
shall:
(a)
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.
(b)
Require that maintenance is provided within
the altered or relocated portion of said watercourse so that the fIood-carrying
capacity is not diminished.
(5)
Interpretation of FIRM boundaries.
(a)
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.
(c)
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.
(6)
Stop-work orders.
(a)
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.
(b)
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.
(7)
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.
(8)
Certificate of compliance.
(a)
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.
(b)
All other development occurring within the designated
flood hazard area will have, upon completion, a certificate of compliance
issued by the local administrator.
(c)
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.
M.
General standards. In all areas of special flood hazard,
the following standards are required:
(1)
Anchoring.
(a)
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
(b)
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.
(2)
Construction materials and methods.
(3)
Utilities.
(a)
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.
(b)
All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the system.
(c)
New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters
into systems and discharges from systems into floodwaters.
(d)
On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding.
(4)
Subdivision proposals.
(a)
All subdivision proposals shall be consistent
with the need to minimize flood damage.
(b)
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.
(c)
All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood damage.
(d)
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.
(5)
Encroachments.
(a)
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.
(b)
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.
N.
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]
(1)
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.
(2)
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.
(3)
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.
(a)
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:
[1]
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.
[2]
The bottom of all such openings shall be no
higher than one foot above the lowest adjacent finished grade.
[3]
Openings may be equipped with louvers, valves,
screens or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(b)
If the structure is to be floodproofed:
[1]
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.
[2]
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.
[3]
The cost incurred by the Village or the local
administrator for engineering and surveying review shall be charged
back to the applicant.
(c)
The local administrator shall maintain on record
a copy of all such certificates noted in this section.
(4)
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.
(a)
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.
(b)
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:
[1]
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.
[2]
The bottom of all such openings shall be no
higher than one foot above the lowest adjacent finished grade.
[3]
Openings may be equipped with louvers, valves,
screens or other coverings or openings, provided that they permit
the automatic entry and exit of floodwaters.
O.
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.
P.
Appeals board.
(1)
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.
(2)
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.
(3)
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.
(4)
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:
(a)
The danger that materials may be swept onto
other lands to the injury of others.
(b)
The danger to life and property due to flooding
or erosion damage.
(c)
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner.
(d)
The importance of the services provided by the
proposed facility to the community.
(e)
The necessity to the facility of a waterfront
location, where applicable.
(f)
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.
(5)
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.
(6)
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.
Q.
Conditions for variances.
(1)
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.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
(2)
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.
(3)
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:
(4)
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(5)
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(6)
Variances shall only be issued upon receiving written
justification:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant.
(c)
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.
(7)
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.
R.
Specific provisions applicable to the 500-Year Flood
Plain Overlay District.
[Added 6-29-2000 by L.L. No. 4-2000]
(1)
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.
(2)
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.
(3)
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:
(a)
Preserve natural drainage.
(b)
Minimize fill and other actions that require
fills.
(c)
For any permanent fill within the 500-year floodplain
boundary, provide an equal volume of excavation to offset the water
displaced by the fill.
(d)
Use minimum grading requirements.
(e)
For residential and commercial buildings, provide
siting and design to minimize damage from flooding.
(f)
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]
A.
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.
B.
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.
C.
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:
(1)
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.
(2)
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.
(3)
That all structures, equipment and materials shall
be reasonably accessible for fire and police protection.
(4)
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.
(5)
That the outdoor storage of waste, equipment and other
items required for operation shall be adequately screened.
(6)
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.
D.
Prescribed standards. In addition to the above general
provisions, the following uses shall comply with the following prescribed
standards:
(1)
Nursing home or convalescent home.
(a)
The total building area shall not exceed a lot
coverage of 30%.
(b)
Primary access to such use shall not be a minor
street serving as access to abutting properties.
(c)
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.
(d)
No building shall be located within 100 feet
of any lot line.
(2)
Multifamily dwelling, bed-and-breakfast/boardinghouse.
(a)
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.
(b)
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.
(c)
There shall be a finding that the water supply
and sewage disposal systems shall be adequate to serve the use.
(d)
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.
(e)
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.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
(f)
Signs accessory to a multifamily dwelling shall comply with the regulations in § 130-19B(2).
E.
Additional conditions. In issuing a special use permit,
the Planning Board may require any walks, fences or landscaping or
attach such conditions as it deems necessary to protect the value
of adjacent properties or to prevent any hindering of the appropriate
use of adjacent land.
[Added 10-8-2008 by L.L. No. 1-2008]
A.
The Planning Board shall have the power, after public
notice and hearing, to grant special use permits for the conditional
uses specified in this chapter.
B.
The Planning Board shall conduct a public hearing
within 62 days from the day an application is received on any matter
referred to it under this section. Public notice of such hearing shall
be printed in a newspaper of general circulation in the Village at
least five days prior to the date thereof. The Planning Board shall
decide upon the application within 62 days after the hearing and its
decision shall be filed in the office of the Village Clerk within
five business days of such decision, and a copy thereof mailed to
the applicant.
C.
In each case where a building or use requires a special use permit approval, the Code Enforcement Officer (CEO) shall refer the special use permit application to the Planning Board for review before issuing a zoning permit. The application shall be accompanied by a payment as set from time to time by resolution of the Village Board of Trustees and four copies of a site plan, drawn to scale and accurately dimensioned, as required in § 130-24 of the Village of Kinderhook Code. The special use permit application shall be submitted to the Code Enforcement Officer at least 10 days prior to the regular Planning Board meeting. If needed, the applicant shall deposit in escrow an amount specified by the Planning Board to cover the cost of consultant fees in accordance with Article XI, §§ 130-54 through 130-58.
