The supplementary regulations in this section are in addition to those of §§
170-12 through
170-22 and unless otherwise indicated shall apply in all classes of districts. Supplementary regulations with respect to specific buildings, structures and uses shall be as follows.
No driveway or other means of access for vehicles
other than a public street shall be maintained or used in any residence
district for the servicing of any use located in a Business or Industrial
District.
Plans for the erection or structural alteration
of drive-in business establishments as herein defined shall be submitted
to the Planning Board for approval. The Planning Board may require
such changes therein in relation to yards, driveways, driveway entrances
and exits, and the location and height of buildings and enclosures
as it may deem best suited to ensure safety, to minimize traffic hazards
or difficulties and to safeguard adjacent properties.
Motor courts or motels, where allowable under
this chapter, shall conform to the following requirements:
A. Each rental structure shall contain at least eight
rental units.
B. Automobile parking space to accommodate not less than one car for each rental unit plus one additional space for every two persons regularly employed on the premises shall be provided. In addition, if the motel includes restaurants, taverns or meeting rooms as accessory uses, parking for these uses shall be provided as required by §§
170-36 and
170-37.
C. Each rental unit shall be supplied with hot and cold
running water and equipped with a flush toilet. All such fixtures
and those of any accessory uses shall be properly connected to the
Village water and sewer systems or other arrangements for water supply
and sewage disposal shall be made which shall be approved by the Dutchess
County Department of Health.
In all districts, on a corner lot, within the
triangular area formed by the center lines of streets from their intersection,
as shown on the schedule below, there shall be no obstruction to vision
between the height of 3 1/3 feet and the height of 10 feet above
the average grade of each street at the center line thereof. The requirements
of this section shall not be deemed to prohibit the construction of
any necessary retaining wall.
Sight Distance for Various Street Widths
|
---|
Street Right-of-Way
(feet)
|
Distance from Intersection
(feet)
|
---|
80 or more
|
120
|
70 to 79
|
110
|
60 to 69
|
100
|
50 to 59
|
90
|
40 to 49
|
80
|
under 40
|
70
|
[Amended 10-9-1985 by L.L. No. 5-1985]
A. General.
(1) Intent. The regulation of signs and the standards
established are intended to protect the public health, welfare and
safety of the community and the residents therein; to improve the
community's visual appearance; to promote an attractive business environment;
to maintain the rural nature of the community and to encourage the
installation of appropriate signs that harmonize with the buildings,
the neighborhood and other signs in the area.
(2) Sign permit approval required. No sign or other advertising
device shall be erected, constructed, displayed, moved, reconstructed,
extended, enlarged or altered except in conformity with the provisions
of these regulations and as expressly approved by the Zoning Enforcement
Officer in the sign permit approval process.
B. Administration.
(1) Sign permits are required for all signs except:
(a)
Residential identification signs.
(2) Sign permit applications must be submitted to the
Zoning Enforcement Officer for review and approval. The Zoning Enforcement
Officer shall approve or deny the sign permit application within 14
days of the receipt of the completed application. If, however, the
Zoning Enforcement Officer determines that other permits or approvals
are needed from the Planning Board (e.g., site plan approval or a
special permit), he shall approve or deny the sign permit application
within 14 days of having been notified that the other permits or approvals
have been granted. Proposed signs must conform to the provisions of
these regulations, unless a variance is obtained from the Zoning Board
of Appeals.
[Amended 2-17-2009 by L.L. No. 2-2009]
(3) The application shall contain the proposed size, type
and location of all signs and buildings constructed or proposed to
be constructed. The size, type and location of existing signs on the
property should also be stated.
(4) The fees for a sign application will be set by the
Village Board. A fee schedule is available and on file in the Village
Hall.
[Amended 2-23-1998 by L.L. No. 1-1998]
(5) Violations of the sign regulations shall be dealt with as set forth in §
170-60. However, prior to doing so, the Zoning Enforcement Officer shall notify the owner of the premises, by certified mail, of the violation and require compliance within seven days. In addition to the remedies set forth in §
170-60 and upon failure to comply with the aforesaid notice within the prescribed time, the Zoning Enforcement Officer is hereby authorized to remove or cause removal of such sign and shall assess all costs and expenses incurred in said removal against the land or buildings on which said sign is located.
[Amended 2-23-1998 by L.L. No. 1-1998]
C. Provisions applicable to all signs in all districts.
(1) Illumination.
(a)
The use of moving signs, self-illuminated signs
(other than those with bulbs concealed behind translucent glass, plates
or similar material) or the use of flashing or intermittent lighting
in connection with signs shall not be permitted. No sign shall incorporate
a rotating or moving light or lights. Strings of lights shall not
be used for the purpose of advertising or attracting attention when
not part of a sign.
(b)
Floodlights for the illumination of signs shall
be so located and/or shielded as not to interfere with the enjoyment
of residential use or detract from the safety of motorists. This shall
require that the edge of the beam of any artificial light source shall
not cross any property line of a lot on which the sign is situated.
For this purpose, the edge of the beam is defined as the surface at
which the intensity of the light does not exceed 10% of the luminescence
of the center of the beam.
(2) Rules for measuring signs.
(a)
Back-to-back signs, identical signs arranged
back to back or diverging by less than 30° from a common line
or point may be counted as one sign.
(b)
The area of a sign shall be measured by the
smallest polygon or circle enclosing the sign.
(3) No roof signs shall be erected.
(4) No sign shall have more than two faces.
(5) No portable signs shall be allowed, except as permitted in Subsection
I.
(6) No sign shall be located so as to obscure any signs
displayed by a public authority, nor shall any sign be placed in such
a way as to obstruct proper sight distance or otherwise interfere
with pedestrian or traffic flow.
(7) All signs shall present a neat appearance and be maintained
in a safe condition and shall not be permitted to become dilapidated.
(8) No banners, ribbons, streamers, spinners or other
moving, fluttering or revolving devices shall be allowed, either as
a part of a sign or when not part of a sign.
(9) No sign shall be attached to any tree, fence or utility
pole or be painted upon or otherwise directly affixed to any rock,
ledge or other natural feature, except posting signs.
(10)
All signs must relate to a current business
activity.
D. Signs in Low Density Residential (R1A), Medium Density
Residential (R20,000), High Density Residential (R10,000) and Land
Conservation Districts.
[Amended 2-23-1998 by L.L. No. 1-1998]
(1) General provisions.
(a)
The maximum height of a freestanding sign shall
be 10 feet.
(b)
No sign shall extend above the roofline of a
structure.
(c)
No sign, except residential identification signs
attached to a mailbox, shall be placed in or extend into the road
right-of-way. The minimum setback of a sign shall be five feet from
the edge of the paved road.
(d)
Illumination of signs is allowed, in accordance with the provisions of Subsection
C(1).
(2) Permitted signs.
(a)
One freestanding sign not to exceed 20 square feet in area and identifying a use permitted in the zoning regulations other than those uses for which signs are permitted in Subsection
D(2)(b) through
(g) below.
(b)
One residential identification sign not to exceed
two square feet in area and stating the name and/or address of the
resident.
(c)
One "for sale" sign not to exceed six square
feet in area.
(d)
One freestanding sign not to exceed four square
feet in area and identifying a permitted home occupation use.
(e)
Two farm produce signs (one in each direction)
for a stand or farmhouse selling farm products. The sign shall not
exceed eight square feet in area and shall be located within 1,000
feet of the stand or farmhouse where the produce is sold.
(f)
Temporary signs as permitted in Section H.
E. Signs in Industrial (M) Districts.
[Amended 2-23-1998 by L.L. No. 1-1998]
(1) General provisions.
(a)
The maximum height of a freestanding sign shall
be 10 feet.
(b)
No sign shall project above the roofline of
a structure.
(c)
No sign shall be placed in or extend into the
road right-of-way.
(d)
The minimum setback of a sign shall be five
feet from the edge of the paved road.
(e)
Illumination of signs is allowed, in accordance
with the provisions of Section C(1).
(2) Permitted signs.
(a)
One freestanding sign per tax parcel, not to
exceed 30 square feet in area.
(b)
Facade signs, not to exceed 5% of the area of
the facade to which they are attached. The aggregate area of facade
signs per tax parcel shall be 20 square feet.
(c)
On-premises freestanding directional signs,
each no larger than two square feet in area and only when necessary
to indicate service areas or to direct safe traffic flow.
(d)
Temporary signs, as permitted in Subsection
H.
(e)
One "for sale" sign, not to exceed six square
feet in area.
F. Signs in General Business Districts.
(1) General provisions.
(a)
The maximum height of a freestanding sign shall
be 10 feet; its lowest point shall be at least three feet from the
ground directly below it.
(b)
No sign shall extend above the roofline of a
structure.
(c)
No sign shall be placed in or extend into the
road right-of-way.
(d)
The minimum setback of a sign shall be five
feet from the edge of the paved road.
(2) Permitted signs.
(a)
One freestanding sign per tax parcel, not to
exceed 30 square feet in area.
(b)
One hanging sign per business establishment,
not to exceed eight square feet in area and having its lowest point
at least eight feet from the ground directly below it.
(c)
One facade sign per business establishment,
the maximum area of which shall be 60 square feet or 5% of the area
of the facade to which it is attached, whichever is less. In no event,
however, shall the aggregate area of facade signs on one building
exceed 60 square feet or 5% of the area of that building.
(d)
Temporary signs, as permitted in Subsection
H.
(e)
One "for sale" sign, not to exceed six square
feet in area.
(f)
One "grand opening" sign, as permitted in Section
I.
G. Signs in Highway Business Districts (HB-I and HB-II).
(1) General provisions.
(a)
The maximum height of a freestanding sign shall
be 10 feet, except in shopping centers and at gas stations where the
maximum height shall be 25 feet. Its lowest point shall be at least
three feet from the ground directly below it, except at gas stations
where its lowest point shall be at least six feet from the ground
directly below it.
(b)
No sign shall extend above the roofline of a
structure.
(c)
No sign shall be placed in or extend into the
road right-of-way.
(d)
The minimum setback of a sign shall be five
feet from the edge of the paved road.
(2) Permitted signs.
(a)
Shopping centers.
[1]
Freestanding signs.
[a] One freestanding sign per shopping
center, not to exceed one square foot of signage for each two feet
of lot frontage, but in no case shall the sign exceed 40 square feet
if the sign is set back 15 feet from the edge of the paved road or
60 square feet if the sign is set back 20 feet from the edge of the
paved road or 80 square feet if the sign is set back 25 feet from
the edge of the paved road or 100 square feet if the sign is set back
30 feet from the edge of the paved road.
[b] The message on the freestanding
sign shall be divided on a 1/3:2/3 basis between the shopping center
name and an establishment directory, respectively.
[2]
One facade sign per business establishment,
the maximum area of which shall be 60 square feet or 5% of the area
of the facade to which it is attached, whichever is less. In no event,
however, shall the aggregate area of the facade signs on one building
exceed 60 square feet or 5% of the area of that building.
[3]
One hanging sign per business establishment,
not to exceed three square feet in area and having its lowest point
at least eight feet from the ground directly below it.
[4]
On-premises freestanding entrance and exit directional
signs, each no larger than two square feet in area and only when necessary
to direct safe traffic flow.
[5]
Temporary signs, as permitted in Subsection
H.
[6]
One "for sale" sign, not to exceed six square
feet in area.
[7]
One "grand opening" sign, as permitted in Subsection
I.
(b)
Gas stations.
[1]
One freestanding sign per gas station, not to
exceed 30 square feet in area. The minimum setback shall be five feet
from the edge of the paved road.
[2]
One facade sign per gas station, the maximum
area of which shall be 60 square feet or 5% of the area of the facade
to which it is attached, whichever is less. In no event, however,
shall the aggregate area of facade signs on one building exceed 60
square feet or 5% of the area of that building.
[3]
Required over-the-pump price signs are allowed,
but they are not to exceed the minimum size required by the applicable
state or federal law.
[4]
Two signs on a canopy over the service islands,
each of which shall be no more than two square feet in area.
[5]
Temporary signs, as permitted in Subsection
H.
[6]
One "for sale" sign, not to exceed six square
feet in area.
[7]
One "grand opening" sign, as permitted in Subsection
I.
(c)
Establishments in highway business districts
which are not gas stations or are not within a shopping center.
[1]
One freestanding sign per tax parcel, not to
exceed 30 square feet in area.
[2]
One hanging sign per business establishment,
not to exceed eight square feet in area and having its lowest point
at least eight feet from the ground directly below it.
[3]
One facade sign per business establishment,
the maximum area of which shall be 60 square feet or 5% of the area
of the facade to which it is attached, whichever is less. In no event,
however, shall the aggregate area of facade signs on one building
exceed 60 square feet or 5% of the area of that building.
[4]
Temporary signs, as permitted in Subsection
H.
[5]
One "for sale" sign, not to exceed six square
feet in area.
[6]
One "grand opening" sign, as permitted in Subsection
I.
H. Temporary signs. Temporary signs shall be permitted
for a period of 14 days during the campaign, drive or immediately
before the event that it purports to advertise. No permit is required
for a temporary sign. No temporary sign shall be erected, placed or
maintained in a hazardous manner.
I. "Grand opening" signs. A business, located in either
the general business or any of the highway business districts, shall
be permitted to obtain a permit for a "grand opening" sign. Applications
specifically describing the "grand opening" sign shall be made to
the Zoning Enforcement Officer, who shall issue a permit if the requirements
of this section are met. The permit shall be for a period of 14 days,
commencing on the date of the opening of the business. The sign shall
be no larger in area than the maximum area of the permitted freestanding
sign in the zoning district where the business is located. It may
have attached to it banners, flags, pennants, ribbons, streamers,
spinners or other moving, fluttering or revolving devices. It may
be illuminated with flashing lights, so long as the same do not interfere
with the enjoyment of adjacent residential uses or affect the safety
of motorists. It may be portable. In no event shall it constitute
a hazard.
J. Nonconforming signs.
(1) Within 60 days from the effective date of this chapter,
the Zoning Enforcement Officer shall make a list of and shall notify
all property owners whose signs are nonconforming. This notification
shall include the statement of nonconformity and the provisions of
this section.
(2) Within one year of the effective date of this chapter,
all property owners must register with the Village Clerk the existence
of their nonconforming sign. This notice must include the size and
location of any and all nonconforming signs located on the property.
(3) If the nonconforming signs are registered to the satisfaction
of the municipality, within one year, the nonconforming sign shall
remain, unless the business or owner shall cease to do business.
(4) The municipality may remove or cause to be removed
any nonconforming sign which is not registered within one year of
the effective date of this chapter.
(5) A nonconforming sign may be maintained and repainted,
so long as its color, design, size, shape and location are not changed.
K. Definitions. The following terms shall have the meanings
indicated:
FACADE
That portion of a building wall containing the business's
main public entrance, which corresponds to the height and width of
the interior space rented or owned by the tenant of the business establishment.
SHOPPING CENTER
A group of stores, shops and similar establishments occupying
adjoining structures, all of which may be deemed one building if designed
as an architectural unit and if it has adequate space in the rear
for loading and unloading commodities.
SIGN
That area of a structure or part thereof visually differentiated
for purposes of advertising from its background or facade to which
it is attached, but not including the flag, pennant or insignia of
any nation, state, city or other political unit.
SIGN, DIRECTIONAL
A sign used to direct individuals or the public to specific
uses, areas or places for their safety or convenience on the premises
of the business or activity where the sign is located. Does not include
billboards or directions to commercial premises or activities.
SIGN, FACADE
A sign attached to and flat against or painted on or applied
to the front of a building. For the purposes of this definition, the
front of a building is that part of the building facing and parallel
to the main road on which the business has frontage.
SIGN, "FOR SALE"
A sign identifying property on which it is located or a building
thereon for sale.
SIGN, FREESTANDING
A sign not depending, for its main support, upon a building.
A double-face sign is considered one sign.
SIGN, HANGING
A sign which projects from the exterior of a building or
from a covered walkway, including but not limited to signs on awnings
and canopies.
SIGN, HEIGHT OF
Refers to the distance from the average ground level to the
top of the sign structure.
SIGN, NONCONFORMING
Every sign that, after the adoption of this amendment, does
not conform to the standards specified herein for the zone in which
it is located or the land or building upon which it is displayed shall
be deemed a nonconforming sign.
SIGN, PORTABLE
Any device on wheels or stand that is designed to be easily
moved, the purpose of which is to display a sign.
SIGN, POSTING
A sign which prohibits hunting and/or trespassing on the
premises at which it is displayed.
SIGN, ROOF
A sign erected above the roofline (above coping, eave or
cornice).
SIGN, TEMPORARY
A sign that identifies or gives direction to a not-for-profit
activity that is temporary in nature.
The storage of alcohol, gasoline, crude oil,
liquefied petroleum gas or any other highly flammable liquid in above
ground tanks in an amount greater than 550 gallons shall be permitted
only when such tanks up to and including 10,000 gallons' capacity
are placed not less than 50 feet from all property lines and when
all such tanks of more than 10,000 gallons' capacity are placed not
less than 100 feet from all property lines. Any such storage having
a capacity greater than 550 gallons shall be properly dyked with earthen
dykes having a capacity not less than 1 1/2 times the capacity
of the tank or tanks surrounded.
A temporary permit may be issued by the Zoning
Enforcement Officer for a period not exceeding one year for a nonconforming
use incidental to housing and construction projects, including such
structures and uses as storage of building materials and machinery,
the processing of building materials and a real estate office located
on the tract being offered for sale, provided that such permits are
conditioned upon agreement by the owner or operator to remove the
structure or structures or use upon expiration of the permit. This
section does not apply to structuring used for residential purposes.
Such permits may be renewed yearly upon application to the Zoning
Enforcement Officer for an additional period of one year.
Where the topography is such that the slope
of the land exceeds 15% and therefore access to a private garage built
back of the front building line as required by this chapter is impracticable,
it shall be permissible to place such building not exceeding 12 feet
in height within the front yard space, but not closer to the street
line than 18 feet.
[Added 9-13-1989 by L.L. No. 4-1989]
A. Legislative findings.
(1) The Comprehensive Plan of the Town of North East,
including the Village of Millerton, states that its primary housing
goal is "to provide a variety of housing types to meet the needs of
all the residents of the community." In order to achieve this objective,
it is necessary to retain diversity in housing styles, prices and
tenures. This will help the community retain a diverse population,
maintain its socioeconomic balance and sustain a diverse economy.
(2) To accomplish these objectives the Village is pursuing
a variety of approaches to increase housing opportunities. In addition
to this section to provide for accessory apartments, the Village Board
is also introducing legislation to allow ECHO units by special permit,
semidetached dwellings as a permitted and specially permitted use,
to supplement existing provisions for two-family dwellings in this
chapter.
(3) In 1987, the North East Town Board commissioned the
preparation of the Town of North East Housing Study, which documented
the need for and lack of affordable housing in the town, including
the Village of Millerton. The housing study, which has been adopted
as part of the Town Master Plan by the Village Board and the Village
Planning Board, recommended that the town implement zoning changes
that would increase local housing opportunities. The community values
survey that was completed as part of the housing study indicated a
clear recognition of the need for more moderately priced apartments
in the area. One recommendation of the study was to allow for the
use of accessory apartments in the Village.
(4) Based on the housing study and the continuing gap
between actual housing costs and the housing costs that can be sustained
by people whose incomes are at or below the median income level, the
Village of Millerton Village Board hereby finds that economic conditions
have created a scarcity of affordable housing.
(5) By adoption of this legislation, the Village Board
seeks to promote affordable housing opportunities and encourage the
creation of rental units.
B. Purpose.
(1) It is the specific purpose and intent of this chapter
to allow an accessory apartment, by special permit, on one-family
dwelling lots in all districts that allow one-family dwellings as
a permitted principal use and to provide the opportunity and encouragement
for the development of small, rental housing units.
(2) The enactment of this chapter is in no way intended
to reduce the scope of the permitted use, as of right, of two-family
or semidetached dwellings as defined in this chapter, but to allow,
through the special permit process, more efficient use and design
of dwellings and existing accessory buildings. Furthermore, it is
the purpose and intent of this provision to provide economic support
for homeowners of limited income and to protect and preserve property
values. To help achieve these goals and to promote other objectives
of this chapter and the Town Master Plan, the following specific standards
are set forth.
C. Floor area. The minimum floor area of an accessory
apartment shall be 300 square feet, but in no case shall the floor
area of an accessory apartment within a principal dwelling exceed
35% of the total floor area of the building unless, in the opinion
of the Board of Appeals, a greater or lesser amount of floor area
is warranted by the specific characteristics of the particular building
and lot and the circumstances of the case.
D. Bedrooms. There shall be a maximum of two bedrooms
in the accessory apartment.
E. One-family character. A dwelling containing an accessory
apartment shall, to the degree reasonably feasible, maintain the character
and appearance of a one-family dwelling, and shall have only one front
entrance when practicable.
F. Expansion of existing structure. An accessory apartment
shall be permitted only within an existing one-family dwelling, an
existing building accessory to a one-family dwelling or built on the
same foundation as a new one-family dwelling and not on any separate
foundation. Additions to an existing building to accommodate an accessory
apartment shall increase neither the floor area of the building nor
the lot coverage of the building by more than 10%.
G. Eligible structures. All one-family dwellings shall be eligible for this special permit, whether existing or newly-constructed. An accessory building shall be eligible for this special permit if such accessory building was constructed prior to the effective date of this chapter, notwithstanding §
170-30, relating to frontage on a public street. An accessory building to a one-family dwelling, if such accessory building is constructed subsequent to the effective date of this chapter, shall be eligible for this special permit five years after it is constructed, notwithstanding §
170-30. Proof of the date of construction may be established by a certificate of occupancy or other means acceptable to the Planning Board.
[Amended 2-17-2009 by L.L. No. 2-2009]
H. Lot size. The minimum lot size for the principal dwelling
and specially permitted accessory apartment shall conform to the requirements
for a one-family dwelling in the district in which the building or
buildings are located.
I. Number of dwelling units per lot. Only one accessory
apartment per lot shall be permitted. No special permit for an accessory
apartment shall be issued for a lot where the principal dwelling is
other than a one-family dwelling or where a permit for an ECHO unit
is in force.
J. Parking. Parking requirements shall conform to those set forth in §
170-36, residences, requiring two parking spaces per dwelling unit, except that the Board of Appeals may reduce the number of parking spaces required per accessory apartment if circumstances so warrant.
K. Adequacy of infrastructure.
(1) If the water supply is from a private source, the
applicant or his or her agent shall certify that the water supply
is potable and of adequate flow. Failure to promptly correct any water
quality problems shall result in the revocation of the special permit.
(2) The applicant or his or her agent shall certify that
the sewage disposal system is adequate for the two units. Failure
to promptly correct any sewage system problem shall result in revocation
of the special permit.
(3) No special permit for an accessory apartment shall
be granted in any case where the Dutchess County Health Department
has determined that the water or sewage system in question is for
any reason not capable of handling the additional demand that the
accessory apartment would impose on it.
L. Construction. The accessory apartment shall be constructed
in accordance with all applicable laws, regulations, codes and ordinances,
including the New York State Uniform Fire Prevention and Building
Code.
M. Application process. Application for a special permit for an accessory apartment shall be made to the Zoning Enforcement Officer in accordance with the standards and procedures set forth in §
170-23 of this chapter, subject to the following additional provisions:
[Amended 2-17-2009 by L.L. No. 2-2009]
(1) Materials to assist the Planning Board in reviewing an application for a special permit, as described in §
170-23B, shall include a floor plan of the existing building and proposed accessory apartment, a survey or other appropriate drawing or document showing the location and size of the septic system and well and the structures on the lot, both as they exist and as they would appear with the accessory apartment.
(2) In determining whether to grant the application, the Planning Board shall consider the following factors, in addition to those described in §
170-23B:
(a)
Whether the use will be in harmony with and
promote the general purpose of this chapter.
(b)
Whether the use will conserve property values
and encourage the most appropriate uses of land.
(c)
Whether the lot area is sufficient, appropriate
and adequate for the use, particularly with regard to septic system
and water requirements.
(d)
Whether the application is consistent with the
Town Master Plan.
N. Revocation of special permit. A special permit for
an accessory apartment may be revoked by the Planning Board after
notice and a hearing if:
[Amended 2-17-2009 by L.L. No. 2-2009]
(1) It shall reasonably appear to the Planning Board that
the accessory apartment is not in compliance with applicable laws,
regulations, codes, ordinances or special permit conditions; or
(2) Any lawful inspection of the accessory apartment is
refused or prevented by the owner.
O. Existing accessory apartments. All owners of existing accessory apartments not created in compliance with the Zoning Law of the Village of Millerton shall apply for a special permit within six months of the effective date of this chapter. If application is not made within this period, the owner shall be in violation of this chapter, as incorporated within the Zoning Law of the Village of Millerton, and shall be subject to the penalties provided in §
170-60.
[Added 9-13-1989 by L.L. No. 4-1989]
A. Legislative findings.
(1) The Comprehensive Plan of the Town of North East,
including the Village of Millerton, states that its primary housing
goal is "to provide a variety of housing types to meet the needs of
all the residents of the community." In order to achieve this objective,
it is necessary to retain diversity in housing styles, prices and
tenures. This will help the community retain a diverse population,
maintain its socioeconomic balance and sustain a diverse economy.
(2) To accomplish these objectives the Village is pursuing
a variety of approaches to increase housing opportunities. In addition
to this section to provide for ECHO housing, the Village Board is
introducing legislation to allow accessory apartments by special permit
and semidetached dwellings as a permitted and specially permitted
use to supplement existing provisions for two-family dwellings in
this chapter.
(3) In 1987, the North East Town Board commissioned the
preparation of the Town of North East Housing Study, which documented
the need for and lack of affordable housing in the town, including
the Village of Millerton. In the housing study, North East was found
to have Dutchess County's highest percentage of elderly people living
alone, second lowest median household income and second highest percentage
of households in poverty. Yet the town's housing stock is dominated
by single-family dwellings and includes very few small apartments.
The town has no nursing homes or housing units specifically designated
or designed for elderly people.
(4) The housing study, which has been adopted as part
of the Town Master Plan by the Village Board and the Village of Millerton
Planning Board, recommended that the Village implement zoning changes
that would increase local housing opportunities. The community values
survey that was completed as part of the housing study indicated strong
support for permitting families to move their elderly parents into
a small temporary home on their own property.
(5) Based on the housing study and the continuing gap
between actual housing costs and the housing costs that can be sustained
by people whose incomes are at or below the median income level, the
Village of Millerton Village Board hereby finds that economic conditions
have created a scarcity of affordable housing. Moreover, local housing
opportunities are often inappropriate for the special needs of elderly
people.
B. Purpose. It is the purpose and intent of this chapter
to accomplish the town's Master Plan objectives by allowing by special
permit the installation of small, removable homes known as Elder Cottage
Housing Opportunity (ECHO) units, on the same lots with one-family
dwellings, in all districts that allow one-family dwellings as a permitted
principal use. Specifically, this chapter is intended to:
(1) Foster and support extended families.
(2) Permit adult children to provide small, temporary
homes for their aging parents who are in need of support, while maintaining
as much of the independence of the two generations as possible.
(3) Reduce the degree to which elderly homeowners have
to choose between increasing isolation in their homes and institutionalization
in nursing homes.
(4) Encourage the continued development and use of small
homes specifically designed and built for elderly people, which include
such features as easy adaptation to handicapped accessibility, safe
exit features and fire-resistant construction.
(5) Permit ECHO housing in a manner that protects the
property values and character of neighborhoods by ensuring that the
units are compatible with the neighborhood and are easily removable.
(6) Enable the elderly living in homes too large for their
needs to move to more appropriate housing and thereby make larger
homes available to house larger families.
C. Occupancy.
(1) At the time the special permit is issued, at least
one intended occupant of the ECHO unit must be at least 62 years of
age and any other occupant must be at least 55 years of age. Subsequently,
if the occupant who is 62 no longer occupies the ECHO unit and all
other conditions continue to apply, the permit may be renewed for
the other occupant, even if the person is less than 62 years of age.
(2) At least one occupant of the principal dwelling and
at least one occupant of the ECHO unit must be related by blood, marriage
or adoption.
(3) In no case shall there be more than two occupants
of an ECHO unit.
(4) The special permit shall be issued to the owner of
the principal dwelling and lot.
D. Construction. The unit shall be constructed in accordance
with all applicable laws, regulations, codes and ordinances, including
the New York State Uniform Fire Prevention and Building Code.
E. Size of unit. The minimum floor area of an ECHO unit
shall be 300 square feet, the maximum floor area 900 square feet and
the maximum height 16 feet or one story.
F. Placement of an ECHO unit. Notwithstanding §
170-30, relating to road frontage on public streets, the ECHO unit shall be placed in the side yard or the rear of the principal dwelling. Pedestrian access must be provided to the ECHO unit without going through the principal dwelling.
G. Lot size and coverage.
(1) The minimum lot size for a principal dwelling with
an ECHO unit shall conform to the requirements for a one-family dwelling
in the district in which the ECHO unit will be located.
(2) Coverage of the entire lot by the ECHO unit and principal
dwelling shall not exceed 30%.
H. Access. All walkways from parking areas and from the
principal dwelling to the ECHO unit shall be suitable for wheelchair
and stretcher access.
I. Parking. In addition to the parking required for the
principal dwelling, one parking space for the ECHO unit shall be required,
except that the Board of Appeals may increase the required number
of parking spaces to two, if circumstances so warrant.
J. Waiver of requirements. The Board of Appeals may waive
the requirements of this chapter if so warranted by the specific characteristics
of the particular structures and lot and circumstances of the case,
upon showing that the waiver will not negatively affect public health,
safety or welfare and that the waiver will be in harmony with and
promote the general purpose of this chapter.
K. Number of dwelling units per lot. Only one ECHO unit
per lot shall be permitted. No special permit for an ECHO unit shall
be issued for a lot where the principal dwelling is other than a one-family
dwelling or where a permit for an accessory apartment is in force.
L. Enclosure of underportion. The underportion of the
unit shall be properly enclosed within 30 days of installation.
M. Removability.
(1) The unit shall be constructed so as to be easily removable.
(2) The unit's foundation should be of easily removable
materials, such as timber pilings or cement block piers, so that the
lot may be restored to its original use and appearance after removal
with as little expense as possible.
(3) No permanent fencing, walls or other structures should
be installed that will hinder removal of the ECHO unit from the lot.
N. Adequacy of infrastructure.
(1) If the water supply is from a private source, the
applicant or his or her agent shall certify that the water supply
is potable and of adequate flow. Failure to promptly correct any water
quality problems shall result in the revocation of the special permit.
The applicant or his or her agent shall certify that the sewage disposal
system is adequate for the two units. Failure to promptly correct
any sewage system problem shall result in revocation of the special
permit.
(2) No special permit shall be granted in any case where
the Dutchess County Health Department has determined that the water
or sewage system serving the principal dwelling is for any reason
not capable of handling the additional demand that the ECHO unit would
impose on it.
O. Application process. Application for a special permit for an ECHO unit shall be made to the Zoning Enforcement Officer in accordance with the standards and procedures set forth in §
170-23, subject to the following additional provisions:
(1) Materials to assist the Planning Board in reviewing an application for a special permit, as described in §
170-23B, shall include:
[Amended 2-17-2009 by L.L. No. 2-2009]
(a)
The names of all owners of record of the principal
dwelling, lot and ECHO unit.
(b)
The names of the proposed occupants of the ECHO
unit.
(c)
The relationship between the occupants of the
principal dwelling and the occupants of the ECHO unit.
(d)
If neither the occupants of the principal dwelling
nor the occupants of the ECHO unit own the ECHO unit, the lease or
other agreement with the owner of the ECHO unit.
(e)
A floor plan of the ECHO unit, including the
square footage (may be the manufacturer's or builder's brochure).
(f)
A survey or other appropriate drawing or document
showing the location and size of the septic system and well and the
structures on the lot, both with and without the ECHO unit.
(g)
The applicant's plan for removal of the ECHO
unit at the time the special permit terminates.
(2) In determining whether to grant the application, the Planning Board shall consider the following factors, in addition to those described in §
170-23B:
[Amended 2-17-2009 by L.L. No. 2-2009]
(a)
Whether the use will be in harmony with and
promote the general purpose and intent of this chapter.
(b)
Whether the use will conserve property values
and encourage the most appropriate uses of land.
(c)
Whether granting the application will cause
an undue concentration of ECHO units.
(d)
Whether the lot area is sufficient, appropriate
and adequate for the use, particularly with regard to septic system
and water requirements.
(e)
Whether the application will be compatible with
the Town Master Plan.
(3) A special permit may be granted for an initial period
of up to one year, expiring on April 30. Thereafter, upon application
to the Planning Board showing that there have been no changes in circumstances
which would result in the ECHO unit's being in violation of the provisions
of this chapter, the permit may be renewed yearly, for a period running
from May 1 to April 30. Upon development of appropriate procedures
by the Planning Board, such renewal may be granted administratively
by the Zoning Enforcement Officer.
[Amended 2-17-2009 by L.L. No. 2-2009]
(4) At the time of application, the applicant must verify
that he or she understands that the permit is issued solely for the
use of the named occupants; has made plans for the removal of the
unit; and recognizes the possible sanctions for failure to promptly
remove the ECHO unit upon termination or revocation of the special
permit. These sanctions include all those specified in this chapter;
injunctive relief; criminal penalty; removal and salvage by the Village
to defray any enforcement costs incurred; the placement of a lien
against the applicant's property to defray any enforcement costs incurred;
and any other remedies available to the Village.
P. Renewal of special permit. At the time of application
for renewal of the special permit, the applicant or his or her agent
shall verify that:
(1) The conditions upon which the special permit was granted
continue to apply.
(2) He or she has made plans for removal of the ECHO unit
upon termination of the special permit.
(3) He or she understands the possible sanctions for failure
to promptly remove the ECHO unit upon termination of the special permit.
Q. Termination of special permit.
(1) The special permit shall terminate 90 days after:
(a)
The death or permanent change of residence of
the original occupant or occupants of the ECHO unit; or
(b)
Any of the occupancy requirements set forth in Subsection
C are no longer met.
(2) During this ninety-day grace period, the ECHO unit
shall be removed and the site restored so that no visible evidence
of the ECHO unit and its accessory elements remains. If the ECHO unit
has not been removed by the end of this grace period, in addition
to the existing sanctions in this chapter, actions to ensure removal
may be taken, including removal and salvage by the Village with a
lien imposed to defray any costs incurred.
(3) The Planning Board, upon a showing of extraordinary
circumstances making removal of the ECHO unit impossible during the
ninety-day grace period, may grant one extension of up to 90 days
for removal of the ECHO unit.
[Amended 2-17-2009 by L.L. No. 2-2009]
R. Revocation of special permit. A special permit for
an ECHO unit may be revoked by the Planning Board after notice and
a hearing, if:
[Amended 2-17-2009 by L.L. No. 2-2009]
(1) It shall reasonably appear to the Planning Board that
the ECHO unit is not in compliance with applicable laws, rules, regulations
codes or ordinances or that the conditions of the special permit are
not satisfied; or
(2) Any lawful inspection of the ECHO unit is refused
or prevented by the owner or occupant.
[Added 11-21-1994 by L.L. No. 1-1994]
A. Legislative findings and statement of purpose.
(1) The Comprehensive Plan of the Village of Millerton
recommends the main street of the Village be maintained as the center
of economic activity for the town, and the Village and toward that
end recommends that land use and zoning regulations limit the location
of new commercial facilities to the Village as close to the central
business district as possible. It urges the Village to encourage the
development of small businesses that are consistent with the needs
of the community and further notes that the mixture of residential
and commercial and public buildings is one of the contributing factors
to the vitality of the Village center.
(2) By adopting this legislation, the Village Board seeks
to ensure that new commercial growth is located in close proximity
to the Village center in a way that strengthens the function of Main
Street as the central business artery of the community and it intends,
subject to appropriate regulatory review, to have commercial and cultural
facilities located in areas of the Village accessible to Village residents
and compatible with neighboring properties. The enactment of this
chapter will encourage the development of small, tourism-related businesses
and strengthen this vital sector of the Village's economy. It will
also expand the cultural resources available to our residents.
B. Street access. A fine arts center must have access
on arterial highway Route No. 22 or Route No. 44.
C. Coverage. The maximum coverage shall be 10%.
D. Lot size. A fine arts center shall be located on a
site not less than three acres in area.
E. Site plan review. A fine arts center use shall be subject to site plan approval as provided in §
170-24.
F. Height. The principal structure of a fine arts center
may exceed 35 feet in height but may be no higher than 75 feet.
G. Off-street parking. Parking requirements shall be as set forth in §
170-36 and, for purposes of application of those sections, a fine arts center shall be considered an auditorium.
H. Signs. Notwithstanding §
170-41:
(1) Cloth banners may be displayed from the front facade
of the principal structure of a fine arts center.
(2) A supplemental sign used to announce current or future
events at the fine arts center may be attached to a permitted freestanding
sign. The supplemental sign may be no larger than 10 square feet in
area.