A.
Purpose. The purpose of special use approval is to
allow the proper integration of uses into the community and zoning
district which are only suitable in such areas given certain conditions
and at appropriate locations. Because of their characteristics or
the special characteristics of the area in which they are to be located,
special uses require special consideration so that they may be properly
located with respect to the objectives of this chapter and their effect
on surrounding properties.
B.
Authorization to grant or deny special uses. The special
uses listed in this chapter may be permitted, enlarged or otherwise
altered upon authorization by the Zoning Board of Appeals consistent
with § 7-725-b of New York State Village Law. In permitting
a special use or the modification of a special use, the Zoning Board
of Appeals review as part of this process may impose, in addition
to those standards and requirements expressly specified by this chapter,
any additional conditions which the Board considers necessary to protect
the best interests of the surrounding property, the neighborhood,
or the Village as a whole. These conditions may include but are not
limited to increasing the required lot size or yard dimensions; controlling
the location and number of vehicle access points; increasing the number
of off-street parking and loading spaces required; limiting the number,
size and location of signs; and required fencing, screening, landscaping
or other facilities to protect adjacent or nearby property. In the
case of a use existing prior to the effective date of this chapter
and classified in this chapter as a special use, any change in use
or in lot area or an alteration of structure shall conform to the
requirements dealing with special uses.
[Amended 4-5-2022 by L.L. No. 1-2022]
C.
Application for variance. Where a proposed special
use permit contains one or more features which do not comply with
the zoning regulations, application may be made to the Zoning Board
of Appeals for an area or use variance pursuant to § 7-712-b
of the New York State Village Law without the necessity of a decision
or determination of the Building Inspector.
D.
Conditions. The Zoning Board of Appeals shall have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed special
use permit. Upon its granting of the special use permit, any such
conditions must be met in connection with the issuance of permits
by the Building Inspector.
[Amended 4-5-2022 by L.L. No. 1-2022]
E.
Factors for consideration. The Zoning Board of Appeals'
review of an application for special use permit shall include, but
is not limited to, the following considerations:
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
The physical characteristics, topography and other
features of the lot and the scale and physical design and other features
of any new or existing buildings to be occupied by the use are suitable
and adaptable for the proposed use without any modifications which
would change the established character of the street or neighborhood
setting.
(2)
The nature and intensity of operations of the use
will not be more objectionable to surrounding properties than those
of a permitted use.
(3)
The use is not in such proximity to a religious facility,
school, community center, recreation place, or other prominent place
of community activity and public assembly so as to regularly conflict
with such other activity and thereby constitute a danger to health,
safety or general welfare.
(4)
The use will not unreasonably increase or introduce
traffic congestion or safety hazards or impose traffic volumes on
streets and street patterns which are deficient in width, design,
sight distance, intersection configuration, or other typical standards
necessary to accommodate such traffic changes.
(5)
The use makes adequate provision for off-street parking
in accordance with these regulations.
(6)
The use and the proposed design of building and other
structure and site facilities for the use are appropriate in the proposed
location and have incorporated reasonable efforts to harmonize with
surrounding uses and mitigate any adverse impacts on surrounding uses,
including but not limited to traffic congestion and hazards, untimely
scheduling of activities, removal of trees and other established natural
features, and excessive stormwater runoff, noise, nuisance, odors,
glare or vibration.
(7)
The cumulative impacts of the use in the proposed
location will not unreasonably interfere with or diminish the continued
use, preservation, stability, value, enjoyment, prosperity or growth
of the neighborhood or community.
(8)
The effect of the proposed use on the other properties
in the neighborhood and the enjoyment by the inhabitants of their
properties, and whether it will materially affect the value of such
properties and the use and enjoyment of such properties by the occupants
and any other effect of such use on the health, welfare and safety
of the occupants of such properties.
(9)
The use will not conflict in any way with the Comprehensive
Plan.
F.
Review assistance.
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
In its review of a special use permit, the Zoning
Board of Appeals is authorized to consult with an engineer and Village,
town and county officials and boards, including referral to the Village
Zoning Board of Appeals, as well as with representatives of federal
and state agencies, including the Soil and Water Conservation District,
the United States Army Corps of Engineers or the New York State Department
of Environmental Conservation. The Zoning Board of Appeals may require
that design of all structures be made by or under the direction of
a registered architect whose seal shall be affixed to the plans.
(2)
The Zoning Board of Appeals is also authorized to
retain professional assistance in reviewing the sketch plan, preliminary
site plan or final site plan as needed, including but not limited
to engineers, attorneys, hydrogeologists, traffic engineers, landscape
architects, and planners. An escrow account, funded by the applicant,
shall be established by the Village of Altamont. All expenses related
to the review of a proposal by the Zoning Board of Appeals, including
retention of professional assistance, shall be paid from this escrow
account. The applicant shall supply the Zoning Board of Appeals information
related to the total cost of the project or other information as may
be required to calculate an appropriate escrow account to cover these
expenses.
G.
Time period for permit. A special use permit shall
become void one year after approval unless construction has begun
within such time or, by conditions of the use permit, greater or lesser
time is specified as a condition of approval, or unless, prior to
the expiration of one year, the permit is extended for a period of
no more than one year.
H.
The Zoning Board of Appeals, on its own motion, may
revoke any special use permit for noncompliance with conditions set
forth in the granting of said permit after first holding a public
hearing and giving notice of such hearing as provided in § 7-725-b
of Village Law. The foregoing shall not be the exclusive remedy, and
it shall be unlawful and punishable hereunder for any person to violate
any condition imposed by a special use permit.
[Amended 4-5-2022 by L.L. No. 1-2022]
A.
Purpose. The purpose of site plan approval is to determine
that a proposed development subject to site plan approval is in compliance
with the objectives of this chapter, creates no unhealthful or unsafe
conditions and does not adversely impact on adjacent land uses or
the health, safety or general welfare of the community.
B.
Timing. Upon completion of special use approval (if required), the proposed use shall then be reviewed for site plan approval under the purposes identified above based on the factors for consideration under Subsection E of this section.
[Amended 1-5-2010 by L.L. No. 1-2010]
C.
Authorization to grant or deny site plan approval.
The power to approve or approve with conditions site plans as required
by this section is vested in the Zoning Board of Appeals. All site
plan information shall be prepared by a licensed architect, engineer,
surveyor or landscape architect. All site plans shall show the seal
and signature of said architect, engineer, surveyor or landscape architect.
In addition, such professional shall submit to the Village a signed
affidavit that the plans for the project were prepared by said professional,
his employees or by an agency of the federal, state or local government.
No building permit shall be issued except in accordance with § 7-725-a
of the Village Law and standards and procedures set forth in this
section.
[Amended 4-5-2022 by L.L. No. 1-2022]
D.
Conditions. The Zoning Board of Appeals shall have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to a proposed site plan.
Upon its approval of the site plan, any such conditions must be met
in connection with the issuance of permits by the Building Inspector.
[Amended 4-5-2022 by L.L. No. 1-2022]
E.
Factors for consideration.
(1)
The Zoning Board of Appeals' review of a preliminary
site plan shall include, but is not limited to, the following considerations:
[Amended 4-5-2022 by L.L. No. 1-2022]
(a)
Full conformance of the site plan with the provisions
of this chapter.
(b)
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, drainage
channelization structures and traffic controls. Consideration will
also be given to the project's impact on the overall traffic circulation
system of the neighborhood and the Village.
(c)
Adequacy of fire lanes and other emergency zones,
traffic circulation and system of fire hydrants.
(d)
Adequacy and arrangement of pedestrian traffic
access and circulation, including, but not solely limited to, separation
of pedestrians from vehicular traffic, control of intersections and
overall pedestrian convenience; where appropriate, consideration of
access and facilities for bicycles.
(e)
Location, arrangement, site, design and general
site compatibility of buildings, lighting and signs. As much as it
is possible, consideration should be given to noise sources, privacy,
prevailing wind directions and seasonal sun movements when locating
structures, patios and open spaces on parcels, exhaust fans and outdoor
waste disposal locations.
(f)
Location, arrangement and setting of off-street
parking and loading areas.
(g)
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or noise-deterring
buffer between these adjoining properties.
(h)
In the case of an apartment house or multiple-dwelling
complex, the adequacy of usable open space for playgrounds and informal
recreation.
(i)
Adequacy of provisions for the disposal of stormwater
and drainage, sanitary waste and sewage, water supply for fire protection
and general consumption, solid waste disposal and snow removal storage
areas.
(j)
Adequacy of structures, roadways and landscaping
in areas with moderate to high susceptibility to flooding and ponding
and/or erosion.
(k)
Protection of adjacent properties against noise,
glare, unsightliness or other objectionable features.
(l)
Retention of existing trees and vegetation for
protection and control of soil erosion, drainage, natural beauty and
unusual or valuable ecology.
(m)
Consistency with the neighborhood and Village
character.
(n)
Consistency with the character of the National
Historic District.
(o)
The proposed use and site plan comply with all
regulations applicable to the district in which it is located.
(p)
The proposed use and site plan are to be developed
in such a way as to provide maximum land use efficiency and amenity
within the site and in relation to surrounding uses, based upon a
reasonable consideration of the site plan and functional requirements
of the proposed use.
(q)
The proposed use and site plan recognize and
will not impede development of any adjoining vacant land resources.
(r)
The proposed use and site plan will not have
an adverse impact upon the character or integrity of any land use
within the immediate neighborhood having unique recreational, cultural,
historical, architectural, or other special community values, including
those inherent in any conservation areas identified on the Zoning
Map.
(s)
The proposed use and site plan are physically
and visually compatible with and will not impede the development or
redevelopment of the general neighborhood or adversely affect existing
land uses surrounding the site, including but not limited to adverse
effects of dust, noise, vibration, heat, glare, or odor.
(t)
The site plan provides and permits adequate
supporting services such as fire and police protection, public and
private utilities and all other supporting governmental services necessary
and appropriate to the proposed use.
(u)
The site plan design and control of vehicular
and pedestrian traffic provide for the maximum safety of the general
public and the occupants, employees, visitors, and other persons using
the site.
(v)
Consideration of the recommendations of any
architectural guidelines as may be adopted by the Village of Altamont.
(2)
No modification of existing stream channels, filling
of lands with a moderate to high susceptibility to flooding, grading
or removal of vegetation in areas with a moderate to high susceptibility
to erosion, or excavation for and construction of site improvements
shall begin until the developer has received final site plan approval
and met any conditions thereof. Failure to comply shall be construed
as a violation of this chapter, and, when necessary, final site plan
approval may require the modification or removal of unapproved site
improvements.
F.
Review assistance.
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
In its review of a site plan application, the Zoning
Board of Appeals is authorized to consult with an engineer and Village
and county officials and boards, as well as with representatives of
federal and state agencies, including the Soil and Water Conservation
District, the United States Army Corps of Engineers or the New York
State Department of Environmental Conservation.
(2)
The Zoning Board of Appeals is also authorized to
retain professional assistance in reviewing the sketch plan, preliminary
site plan or final site plan as needed, including but not limited
to engineers, attorneys, hydrogeologists, traffic engineers, landscape
architects, and planners. An escrow account, funded by the applicant,
shall be established by the Village of Altamont. All expenses related
to the review of a proposal by the Zoning Board of Appeals, including
retention of professional assistance, shall be paid from this escrow
account. The applicant shall supply the Zoning Board of Appeals information
related to the total cost of the project or other information as may
be required to calculate an appropriate escrow account to cover these
expenses.
A.
Time of submittal.
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
Prior to issuing a building permit for the construction
of a building on a parcel of land for any permitted use in any district,
except single- and two-family dwellings and their customary accessory
structures, the owner, developer, agency or Building Inspector shall
refer the special use permit/site plans for such parcel of land to
the Zoning Board of Appeals. Such plans shall be placed on the agenda
of the Zoning Board of Appeals for its review and approval.
(2)
A special use permit/site plan shall be submitted
to the Zoning Board of Appeals only when the land on which the proposal
is situated is in the proper zoning district to allow the intended
use(s). The Zoning Board of Appeals shall determine which of the following
stages and/or date requirements are necessary and completely document
its reasons for its actions on these matters as part of the information
on an application.
B.
Preapplication sketch for special use permit and site
plan approval.
(1)
The applicant may arrange with the Building Inspector
for an informal discussion with the Zoning Board of Appeals prior
to submission of a special use permit request and site plan application.
The intent of the sketch plan meeting is to enable the applicant to
inform the Zoning Board of Appeals of the proposal prior to the preparation
of a detailed site plan and special use permit application and for
the Zoning Board of Appeals to review the basic site design concept,
advise the applicant as to potential problems and concerns and to
generally determine the information to be required on the site plan.
At the sketch plan conference the Zoning Board of Appeals will review
and determine if the proposal is in conformity with the Comprehensive
Plan of the Village of Altamont and this chapter. The Zoning Board
of Appeals shall also review with the applicant submission requirements
to determine what specific information is to be presented with the
site plan and special use application.
[Amended 12-4-2012 by L.L. No. 3-2012; 4-5-2022 by L.L. No. 1-2022]
(2)
The preapplication sketch shall include 10 copies
of the application forms and required information as set forth below:
[Amended 2-1-2011 by L.L. No. 1-2011]
(a)
Title of drawing, North arrow, date and scale.
North arrow shall point to the top of the plan sheet.
(b)
Schematic location of site with respect to existing
and proposed rights-of-way and intersections.
(c)
Internal street pattern, if any, of the proposed
development.
(d)
Location of all existing structures on the site
and future use of the same.
(e)
Existing zoning classification(s) of the property
and all adjacent properties and any restrictions on land use of the
site.
(f)
Existing natural features on the site and future
use of the same.
(g)
Contour intervals at 10 feet, including 200
feet of adjacent property.
(h)
Names of owners of adjacent properties.
(i)
Special use permit and/or site plan review application
forms, as provided by the Village of Altamont.
(3)
The Zoning Board of Appeals may suggest changes in
the preapplication sketch involving street layout, traffic patterns,
lot size or shape, preservation of natural features or other matters
which, in its opinion, will improve the layout in keeping with the
best interest of the Village.
[Amended 4-5-2022 by L.L. No. 1-2022]
(4)
The Zoning Board of Appeals shall review and accept
or reject the sketch plan within 45 days unless provided for elsewhere
in this chapter.
[Amended 4-5-2022 by L.L. No. 1-2022]
(5)
The Zoning Board of Appeals shall notify the applicant,
in writing, of its decision. A copy of the minutes of the meeting
at which the decision was made shall suffice. Upon approval of a sketch
plan, the applicant can apply for preliminary site plan approval.
[Amended 4-5-2022 by L.L. No. 1-2022]
C.
Application for special use permit and preliminary
site plan approval. After Zoning Board of Appeals approval of a sketch
plan, any preliminary application for site plan approval and special
use permit shall be made in writing on a form prescribed by the Village.
The application and required information shall be submitted to the
Building Inspector at least 10 business days prior to the date of
the regular meeting of the Zoning Board of Appeals. The Zoning Board
of Appeals shall, within 45 days of a preliminary application being
filed, determine whether to accept the application as complete and
begin the review process, or to reject the application as incomplete.
Incomplete applications shall be returned to the applicant, without
prejudice, with a letter stating the application deficiencies. No
application shall be considered complete until a negative declaration
under SEQRA Part 617 has been issued or until a draft environmental
impact statement has been accepted by the lead agency as satisfactory
with respect to scope, content, and adequacy.
[Amended 2-1-2011 by L.L. No. 1-2011; 4-5-2022 by L.L. No. 1-2022]
(1)
An area map showing that portion of the applicant's
property under consideration, the applicant's entire adjacent holdings
and all properties, subdivisions, streets and easements within 500
feet of the applicant's property.
(2)
Existing contour intervals of not more than five feet
of elevation, and shall include 200 feet of adjacent property.
(3)
Proposed finished contour intervals of not more than
five feet of elevation and direction of drainage with arrows.
(4)
A preliminary site plan, including the following information:
(a)
Title of drawing, including name and address
of applicant.
(b)
North arrow pointing to the top of the plan
sheet, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses.
(e)
A plan showing:
[1]
Location of all buildings and structures, including
accessory buildings;
[2]
Location and size of off-street loading and
parking facilities, with access and egress drives thereto;
[3]
Location and size of outdoor storage, if any,
and the method of screening the storage area from public view;
[4]
Location of all existing or proposed site improvements,
including drains, culverts, retaining walls and fences;
[5]
Description of method of sewage disposal and
location of such facilities and any proposed changes in existing stream
channels;
[6]
Location and size of all signs;
[7]
Location and proposed development of buffer
areas;
[8]
Location and design of lighting facilities;
[9]
Any existing and proposed easements;
[10]
Location, if any, of waste storage
and the method of screening from public view, air-conditioning units
and other facilities located on rooftops of buildings, and location
of exhaust fans for use in relationship to adjacent residential areas;
and
[11]
Landscaping.
(f)
Soil areas and their classification, and those
areas, if any, with moderate to high susceptibility to flooding and
moderate to high susceptibility to erosion. For areas with potential
erosion problems, the preliminary site plan shall also include an
outline and description of existing vegetation.
(g)
The preliminary site plan shall also include
drawings showing the building design and architectural features proposed
by the applicant.
D.
SEQRA. The Zoning Board of Appeals shall comply with
all provisions of the State Environmental Quality Review Act under
Article 8 of the Environmental Conservation Law and its implementing
regulations.
[Amended 4-5-2022 by L.L. No. 1-2022]
E.
County Planning Board referral. At least 10 business
days prior to the scheduled public hearing, the Zoning Board of Appeals
shall mail notices to the County Planning Board as required by § 239-m
of the General Municipal Law. The County Planning Board shall have
30 days to review and make a recommendation on approval of any application.
[Amended 2-1-2011 by L.L. No. 1-2011; 4-5-2022 by L.L. No. 1-2022]
F.
Public hearing. A joint special use permit/site plan
approval public hearing shall be held on the preliminary site plan
within 62 days from the day an application is determined complete.
[Amended 1-5-2010 by L.L. No. 1-2010; 2-1-2011 by L.L. No.
1-2011; 4-5-2022 by L.L. No. 1-2022]
(1)
The
Zoning Board of Appeals shall mail a notice of the public hearing
to the applicant at least 10 business days before such hearing and
shall give public notice of said hearing in a newspaper of general
circulation in the Village at least five business days prior to the
date of the hearing.
(2)
When
site plan review or an application for a special permit involves property
that is within 500 feet of an adjacent municipality, as defined in
§ 239-nn of the General Municipal Law, the Zoning Board of Appeals
shall give notice to the adjacent municipality by mail or electronic
transmission to the clerk of the adjacent municipality at least 10
business days prior to any hearing. Such adjacent municipality may
appear and be heard.
G.
Action on special use permit and/or preliminary site
plan application.
[Amended 2-1-2011 by L.L. No. 1-2011; 4-5-2022 by L.L. No. 1-2022]
(1)
Within 62 days of the public hearing, the Zoning Board
of Appeals shall act on the special use permit application and/or
the preliminary site plan application. The time within which the Zoning
Board of Appeals must render its decision may be extended by mutual
consent of the applicant and the Board. No decision shall be made
until after the thirty-day review period required for the County Planning
Board. The Zoning Board of Appeals may take action on the special
use permit and/or preliminary site plan application at the same regularly
scheduled meeting where the public hearing has been conducted and
closed, provided all proper notifications, referrals, and other procedures
as per this chapter have been completed.
(2)
The Zoning Board of Appeals' action shall be in the
form of a written statement to the applicant stating whether or not
the preliminary site plan is conditionally approved. A copy of the
appropriate minutes of the Zoning Board of Appeals shall be a sufficient
report. The Zoning Board of Appeals' statement may include recommendations
as to desirable revisions to be incorporated in the final site plan
and conditions to be met for the special use permit, conformance with
which shall be considered a condition of approval. If the preliminary
site plan is disapproved, the Zoning Board of Appeals' statement will
contain the reasons for such findings. In such a case, the Zoning
Board of Appeals may recommend further study of the site plan and
resubmission of the preliminary site plan to the Zoning Board of Appeals
after it has been revised or redesigned.
(3)
If the Zoning Board of Appeals shall recommend in
its review report that a special use permit shall not be granted,
the preliminary site plan shall not be approved.
H.
Filing. The decision of the Zoning Board of Appeals
shall be filed in the office of the Village Clerk within five business
days after the decision is made and a copy mailed to the applicant.
[Amended 4-5-2022 by L.L. No. 1-2022]
I.
Application for final detailed site plan approval.
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
After receiving preliminary site plan approval and
a special use permit from the Zoning Board of Appeals and approval
for all necessary permits and curb cuts from state and county officials,
the applicant may prepare a final detailed site plan and submit it
to the Zoning Board of Appeals for approval; except that if more than
six months has elapsed between the time of the Zoning Board of Appeals'
report on the preliminary site plan and if the Zoning Board of Appeals
finds that conditions have changed significantly in the interim, the
Zoning Board of Appeals may require a resubmission of the preliminary
site plan for further review and possible revision prior to accepting
the proposed final site plan for approval.
(2)
The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It shall incorporate any revision or other features that may have been required by the Zoning Board of Appeals at the preliminary review. If the preliminary site plan and final site plan are largely in conformance with each other, no public hearing needs to be held on the final site plan. If however, the final site plan differs significantly from the approved preliminary plan, the Zoning Board of Appeals may hold an additional public hearing as per Subsection F of this section.
J.
Action on the final detailed site plan application.
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
Within 62 days of the receipt of the application for
final site plan approval, the Zoning Board of Appeals shall render
a decision to the applicant and Building Inspector.
(2)
Upon approving an application, the Zoning Board of
Appeals shall endorse its approval on three copies of the final site
plan and shall forward one copy to the Building Inspector who may
then issue one or more building permits to the applicant if the project
conforms to all other applicable requirements of this chapter. The
second copy shall be filed with the Zoning Board of Appeals, and it
shall be considered the legally approved plan with which all development
on the respective site must conform. The third copy shall be forwarded
to the applicant.
A.
Home occupation.
(1)
Only one home occupation shall be permitted in a dwelling.
(2)
The home occupation shall not alter the primary use
of the premises as a dwelling and shall be limited to 30% of the floor
area of the first floor of the dwelling.
(3)
For major home occupations, the applicant shall identify
anticipated average peak weekday vehicle trips generated by the dwelling
and the home occupation and shall demonstrate the off-street and on-street
parking capacity available to meet this parking need. Any on-street
parking resources shall not include regular use of spaces fronting
on adjoining properties. Off-street parking and loading shall accommodate
access and egress of any supply or service vehicles to the home occupation
without obstructing traffic.
(4)
For major home occupations only, external signs shall only be attached to the dwelling. External signage shall comply with § 355-23.
(6)
In no way shall the appearance of the dwelling be
altered nor shall the activity within the dwelling be conducted in
a manner which would cause the residential character of the premises
to change, either by the use of colors, materials, construction, lighting,
or signs or the emission of noise, odor, vibration, glare, electrical
disturbance, or conditions which are not typical of dwellings in the
neighborhood.
(7)
There shall be no exterior storage of stock or equipment
nor exterior display of goods or products.
(8)
There shall be no other exterior evidence of the home
occupation such as for display or storage purposes or such that the
exterior of the work area is altered in any way.
(9)
Any application for a special permit for a home occupation
which does not clearly comply with all above requirements and which
does not demonstrate that peak parking needs can be satisfied without
undue impact on the residential character of the street and neighborhood
shall be denied.
B.
Bed-and-breakfast.
(1)
No exterior alterations, other than those mandated
by any other codes or regulations to assure safety and sanitation,
shall be made to any existing dwelling for the purpose of operating
and conducting a bed-and-breakfast.
(2)
No outdoor advertising other than one sign permitted
by these regulations shall be provided.
(3)
No walk-in guests shall be permitted.
(4)
Only a breakfast meal may be served to guests.
(5)
The owner/occupant shall maintain a current guest
register, including names, addresses and dates of occupancy of all
guests; such register shall be available for inspection by the Building
Inspector.
(6)
Off-street parking shall be provided in accordance
with these regulations without unreasonably changing the existing
residential character of the lot.
C.
Group family home and day-care center.[2]
(1)
Such uses shall be as defined and as required below.
(2)
No exterior alterations other than those mandated
by any other codes or regulations to assure safety and sanitation
shall be made to any existing dwelling.
(3)
Within a residential district, any new building shall
be compatible with the scale, character and design of surrounding
dwellings and shall comply with all regulations herein applicable
to the district.
(4)
The number of residents in a group family home shall
be reasonably consistent with the number of bedrooms and other living
accommodations available in the structure.
(5)
A day-care center shall operate only between the hours
of 6:00 a.m. and 6:00 p.m. Monday through Saturday.
D.
Drive-in facility or car wash.
(1)
Such use shall be as defined and as required below.
(2)
Provision shall be made for off-street stacking of
at least five vehicles entering and waiting for service for each drive-in
station or unit and for adequate stacking and movement of existing
vehicles from the drive-in stations to the street. Any facility which
may regularly generate stacking of vehicles on travel lanes of access
streets so as to impede either public vehicle or pedestrian traffic
shall be denied.
(3)
All vehicle movements required by the facility shall
meet all reasonable sight distance and other safety standards, and
such movements shall be properly controlled with uniform traffic control
signs and other devices.
(4)
Drive-in traffic shall not interfere with access to
required off-street parking.
(5)
The lot shall have a minimum width of 100 feet along
each fronting street.
(6)
Substantial curbed and landscaped buffers in accordance
with these regulations or otherwise acceptable to the Zoning Board
of Appeals based on lot dimensions and site plan requirements shall
be provided along all side and rear lot lines.
[Amended 4-5-2022 by L.L. No. 1-2022]
(7)
Surface drainage shall be controlled and collected
on site and connected to a storm drainage system; significant runoff
onto streets shall not be permitted; proper provision shall be made
for directing car wash wastewater to a sanitary sewer system.
E.
Gasoline service station.
(1)
Such use shall be as defined and as required below.
(2)
Entrance and exit driveways shall be located at least
20 feet from any side or rear lot lines and at least 35 feet from
any intersecting street right-of-way line. Driveways shall be planned
to avoid the necessity of any vehicle backing into a street or across
a sidewalk. All areas of vehicular servicing and movement other than
driveways shall be located on the lot and not in the street right-of-way.
(3)
The use shall be laid out to avoid stacking of entering
vehicles in travel lanes of access streets.
(4)
No building or other structure, except a fence, shall
be closer than 50 feet to any lot in a residential district or any
other lot used for residential purposes.
(5)
Any permitted repair or servicing of vehicles, other
than the dispensing of fuel, oil, water and air, shall be performed
indoors.
(6)
No unlicensed or dismantled motor vehicles shall be
stored outdoors.
(7)
No vehicle shall be parked or stored outdoors for
the purpose of sale or offering for sale of such vehicle.
(8)
Adequate off-street parking shall be provided for
employees at peak shift.
(9)
In the event that the continuous business operation
of a gasoline service station shall be discontinued for a period exceeding
one month, the owner and/or any lessee shall provide adequate protection
against unlawful entry into the buildings and onto the property to
prevent the storage of abandoned vehicles thereon and shall legally
remove and dispose of all flammable liquids from all fuel tanks in
accordance with all prescribed regulations applicable to such action.
(10)
In the event that any gasoline service station
is permanently abandoned, the owner and/or any lessee shall immediately
remove all fuel tanks, gasoline pumps, signs, light poles, and other
accessory structures. A gasoline service station shall be considered
permanently abandoned when there has been no continuous business operation
for a period of six months.
(12)
The area for use by motor vehicles, except access
drives thereto, as well as any structures shall not encroach on any
required yard area.
(13)
No fuel pump shall be located closer than 20
feet to any side lot line or closer than 35 feet to any street line,
measured from the outside edge of the fuel island.
(14)
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 street 50 feet wide or more lies between such service station
and such building or use.
(15)
All repair work and storage shall be within
a completely enclosed building which has a maximum height of 25 feet.
G.
Funeral home.
(1)
Such use in any residential district shall only be
permitted in an existing structure, and the exterior residential character
of the structure shall not be modified except as may be required by
other applicable codes and regulations for safety and sanitation.
(2)
Required off-street parking shall be provided on the
lot.
H.
Medical center or clinic; club.
(1)
Requirements for such a facility shall be based on
and deal with the intensity of use and the corresponding adequacy
of off-street parking in relation to established uses and structures,
particularly traffic, noise and other impacts on adjoining and surrounding
residential districts and uses.
(2)
Such use shall comply fully with all minimum yard
depth and related buffering and screening requirements and off-street
parking schedules of these regulations.
(3)
If typical weekday peak traffic and parking needs
expected to be generated by the use are determined by the Zoning Board
of Appeals to exceed the applicable off-street parking schedule and
the lot is located so that such traffic will affect residential districts
and uses, additional parking spaces shall be provided as required
by the Zoning Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
I.
Motel/hotel.
(1)
Such use is classified as a special use because of
the potential scale and density of development and traffic generation.
The Zoning Board of Appeals shall review such use primarily in terms
of architectural and site plan review criteria and considerations
but shall also focus on any special traffic considerations which are
appropriate.
[Amended 4-5-2022 by L.L. No. 1-2022]
(2)
The location of entrance and exit driveways and the
traffic volumes and patterns currently being experienced on access
streets shall be particularly reviewed in relation to anticipated
additional peak hour traffic expected to be generated by the use.
Any significant adverse impacts expected from such traffic and any
visual, noise or other impacts on surrounding residential districts
and uses shall be considered by the Zoning Board of Appeals in determining
the appropriateness of the use.
[Amended 4-5-2022 by L.L. No. 1-2022]
(3)
The proposed extent of grading of the site and drainage
management shall also be considered. Stormwater runoff shall be controlled
and collected on site and discharged to a public storm sewer system
or to a natural drainage system with capacity to accept such runoff.
An on-site stormwater detention facility may be required to provide
controlled release if potential runoff exceeds the capacity of downstream
systems to accept such runoff without flooding, erosion or other adverse
impacts.
(4)
No motel shall be constructed on any lot unless the
area is serviced by municipal water and sewer facilities.
(5)
Except where otherwise provided by this chapter, the
minimum distance between the building and any side lot shall be 15
feet, and the minimum distance between buildings shall be 10 feet.
No motel shall be constructed on any lot where the land area shall
be less than 2,000 square feet per unit; provided, however, that the
area is serviced by municipal water and sewer facilities.
J.
Parking facility/lot.
(1)
Any such use developed by one or more applicant property
owners, with or without any government participation, shall reasonably
comply with all regulations as they may affect the design, dimensions,
surfacing, lighting, buffering and screening, signing, or other aspects
of development of a parking lot.
(2)
Such use shall preferably have two driveway connections
to streets and shall be located and designed to avoid stacking up
of entering vehicles in travel lanes of adjoining streets or any conflict
with pedestrian traffic.
(3)
The Zoning Board of Appeals shall also review such
proposed use in relation to surrounding neighborhood, business area,
and other uses in order to consult and participate with the applicant
in suggesting any modifications which may be appropriate to serve
current or anticipated parking needs.
[Amended 4-5-2022 by L.L. No. 1-2022]
K.
Accessory apartments and conversion of single-family
to two-family residences.
(1)
General. All accessory apartments and conversions
of single- to two-family residences in any zoning district where allowed
are considered special uses and require a special use permit from
the Zoning Board of Appeals.
[Amended 12-4-2012 by L.L. No. 3-2012; 4-5-2022 by L.L. No. 1-2022]
(b)
Adequate off-street parking must be provided
on site in order to accommodate occupation by tenants.
(c)
The design of any proposed addition to the principal
single-family dwelling or any accessory structure in which the accessory
apartment is proposed shall conform to the general character and appearance
of the principal dwelling and be consistent with the general character
of the neighborhood.
(d)
The driveway for ingress and egress to the accessory
apartment should utilize the existing driveway utilized for the ingress
and egress of the principal single-family dwelling to the maximum
extent practicable. If another driveway is needed, its location and
design should not adversely affect the existing driveway on the lot
or driveways of neighboring lots in the area with respect to safety
and layout.
(e)
The location and use of the accessory apartment
shall not adversely affect neighboring properties.
(f)
The design, size, and layout of the accessory
apartment shall be consistent with the continual use of the apartment
as an accessory use to the principal single-family dwelling on the
lot. Such accessory apartment shall not be subdivided from any parcel
containing a single-family dwelling for any use.
(g)
Only one accessory apartment shall be allowed
in any single-family dwelling and only one accessory apartment shall
be allowed on any single-family residential lot.
(2)
When accessory apartment is in single-family dwellings:
(a)
No exterior changes shall be made which will
alter or extend the existing foundation of the principal structure.
(b)
The accessory apartment is self-contained, with
separate cooking, sleeping and sanitary facilities for use by the
occupant(s).
(c)
The accessory apartment is subordinate to the
principal residence and contains no more than 40% of the total habitable
space of the existing structure prior to the construction of such
accessory apartment or 1,000 square feet, whichever is the more restrictive.
(d)
The accessory apartment shall be limited to
two bedrooms.
(e)
The conversion of any existing single-family
dwelling to accommodate an accessory apartment is limited to one accessory
apartment per principal residence.
(f)
Parking, as required for an accessory apartment/principal
residence, shall be a minimum of two spaces per dwelling unit on site
and shall be designed and located to be convenient without encroaching
on any required yard or setback area.
(g)
The water supply and sanitary system of the
accessory apartment shall be connected to the water supply and sanitary
system of the single-family dwelling.
(h)
Either the accessory apartment or single-family
dwelling must be owner-occupied.
(i)
The lot may not be an existing nonconforming
lot of less than the prescribed lot area or lot width.
(j)
When an existing single-family structure is
altered to accommodate an accessory apartment, all construction associated
with adaptation of the existing structure shall be performed in a
manner that retains and enhances the character of the structure. The
design and construction of the adaptation of the accessory structure
shall further be compatible with the parent structure on the premises
and with the overall character of the neighborhood.
(3)
When accessory apartment is in accessory structure
to single-family dwelling:
(a)
The principal dwelling and the accessory apartment
are, at the time of construction, on a single lot with a lot area
no less than the minimum specified for the zoning district. The accessory
apartment shall satisfy all setback requirements set forth for a principal
structure within the zoning district.
(b)
The accessory apartment is self-contained, with
separate cooking, sleeping and sanitary facilities for use by the
occupant(s).
(c)
Parking, as required for an accessory apartment/principal
residence, shall be a minimum of two spaces per dwelling unit on site
and shall be designed and located to be convenient without encroaching
on any required yard or setback.
(d)
The total square footage of the accessory apartment
shall not exceed 1,000 square feet or be less than a minimum of 320
square feet.
(e)
No accessory apartment in an accessory structure
shall be housed in a mobile home.
(f)
The accessory apartment shall be connected to
the same water supply and/or sanitary system of the single-family
dwelling. Any proposed accessory apartment in an accessory structure
shall first receive approval from the Albany County Department of
Health with respect to the on-site water supply and sanitary system
to be utilized by the accessory apartment before a special use permit
is granted.[5]
(g)
Either the accessory apartment or the single-family
dwelling must be owner-occupied.
L.
Multiple-family developments.
(1)
In the R-10M District, no more than 65% of all structures
proposed on a parcel or lot shall be multiple-family units.
(2)
There shall be a minimum dimension of 800 square feet
per unit and a maximum of 2,000 square feet per unit.
(3)
All structures containing multiple-family units shall
have a minimum roof pitch of six over 12.
(4)
All front yards attached to multiple-family structures
shall have a clearly defined front yard using landscaping, fencing,
hedging, or brick or stone wall, none of which shall exceed three
feet in height. Front yards of attached townhouses may be unified
into one common yard treated as a single front yard for the entire
building.
(5)
All townhouse multiple-family units shall have the
following dimensions:
(6)
All apartment or other multiple-family units shall
have the following dimensions:
(7)
All multiple-family developments shall:
(a)
Consist of structures of an architectural style
that emulates single-family residences in building design, entrance,
and other architectural details.
(b)
Limit uniformity and monotony by limiting the
repetition of colors, materials and architectural details throughout
the neighborhood. Buildings should vary in appearance but share a
common design style.
(8)
Paved off-street parking areas shall be provided as
follows:
(a)
On-site pedestrian and vehicle circulation shall
be designed to limit traffic hazards.
(b)
Two parking spaces per dwelling unit shall be
required.
(c)
Parking and traffic circulation should include
appropriate signs and striping to direct traffic on and off site.
(d)
Sidewalks shall be provided, as appropriate,
to connect the residential units with parking areas, public streets,
recreation areas, and other apartment buildings and other existing
sidewalks if present.
(10)
Landscaping and screening shall conform to the
following minimum standards:
(a)
Use of existing vegetation to the greatest extent
possible.
(b)
Along road frontage, a ten-foot-wide landscaped
buffer shall be provided and designed so as not to obstruct sight
distance at road access points.
(c)
Units shall be sited for maximum preservation
of mature trees (trees of 12 inches or more in diameter).
(d)
Clear-cutting of the entire site area is prohibited.
(e)
Lighting provided on the site to ensure safe
movement of persons and vehicles and for security purposes shall conform
to the following standards:
[1]
All lighting shall be designed and arranged
so as to minimize glare and reflection on adjacent properties.
[2]
The maximum height of freestanding lights should
not exceed 20 feet.
[3]
The source of the lights shall be shielded or
located such that it shall not be visible outside the boundaries of
the parcel being developed.
(f)
The Zoning Board of Appeals may require that
all utilities, exclusive of transformers, be placed underground at
the time of initial construction. Required utilities may include water,
sewer, storm drainage, telephone, television cable, electricity, gas,
and wiring for streetlights.
[Amended 4-5-2022 by L.L. No. 1-2022]
(g)
Solid waste and recycling receptacles of adequate
capacity shall be provided for the maximum number of residents. Receptacles
shall be screened from view by fencing or landscaping and properly
emptied to prevent odor and unsanitary conditions. The receptacle
shall be designed to prevent loose litter.
(h)
Snow storage areas shall be indicated on the
site plan and shall not interfere with required parking or traffic
circulation.
(i)
There shall be adequate provision for firefighting.
The applicant shall provide a fire-fighting plan to assure the required
water quantity will be readily available and that such water will
be provided for fire-fighting purposes.
(11)
One sign per entrance that identifies the development
is permitted and should be compatible with the general environment
of the project site. Signs should conform to the following standards.
M.
Medical/dental/optical
laboratory
[Added 9-6-2012 by L.L. No. 1-2012]
(2)
There
shall be no direct pickup from patients.
(3)
Outdoor
storage of materials shall be prohibited unless fully enclosed in
an approved accessory structure that meets all requirements of this
chapter.
(4)
Buildings
shall be a maximum of 2,000 square feet in total area.
(5)
Adequate
evidence shall be furnished by the applicant demonstrating that noise
levels will not disturb nearby residential or commercial properties
and that ambient noise levels will be maintained. The applicant shall
be required to take all measures necessary to reduce noise levels
so that they do not exceed ambient levels. The applicant shall demonstrate
that there shall be no vibration affecting properties beyond the limits
of the lot.
(6)
The
location, arrangement, size, nature, intensity of operations and design
of the use shall be compatible with the neighborhood in which it is
located, with the aesthetic character of Altamont, and shall safeguard
surrounding properties from glare, unsightliness, odors, or other
objectionable features.
[Added 6-7-2016 by L.L.
No. 2-2016]
