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.
A.
Cellar occupancy prohibited. It shall be unlawful
to occupy all or any part of a cellar for sleeping purposes.
B.
Basement occupancy. Any basement area used for sleeping
purposes shall have not less than two means of egress, at least one
of which shall be a door giving access to an open area whose surface
is at least eight inches below the level of the basement floor. Each
basement room used for living purposes shall have a window area, opening
to the outside, equal to not less than 1/10 of the floor area of such
room.
A.
Location. No special permit shall be granted for the
construction or expansion of an educational institution unless such
institution has a minimum of 400 feet of frontage on a road designated
as a primary or secondary road on the Master Plan.
B.
Place of assembly. No sports arena or other place
of assembly having a capacity of more than 1,000 persons shall have
entrances or exits on other than streets that have been designated
as primary or secondary streets in the Master Plan of the Village
of Millerton. Where feasible, entrances and exits should be on primary
streets and not on streets intended for predominantly residential
use.
A.
No dwelling shall be erected on a lot which does not
abut on at least one street for a distance of not less than 40 feet.
B.
No dwelling may be built or erected directly behind
another dwelling having access on the same street and within 200 feet
thereof. "Directly behind another dwelling" means with more than 1/2
the width of the structure so placed.
C.
No building in the rear of a main building on the
same lot may be used for residential purposes, except for domestic
employees of the occupants of the main building.
A.
Location. No junkyard as herein defined shall be located
less than 1,000 feet from a district boundary line in which junkyards
are not a permitted use.
B.
Setback. No material shall be stored less than 50
feet from any property line of a junkyard.
C.
Fencing. All stored material shall be surrounded by
a wall or fence at least 8 feet high which visually blocks the view
of such material to that height. Said wall or fence shall be constructed
of material in good condition and kept in good repair. Where appropriate,
landscaping may be required.
D.
Visibility. Junkyards shall comply with § 136
of General Municipal Law with particular reference to aesthetic considerations.
The Village may require such additional requirements as may be deemed
appropriate.
E.
Pollution, water. No junkyard shall be so situated
that the material stored therein in any way, either through direct
contact or through runoff, pollutes the bed of any natural or man-made
watercourse or other body of water.
F.
Pollution, air. No material shall be burned in any
junkyard nor shall material be stored in any such junkyard that offensively
affects the sense of smell at any property line of the junkyard.
A.
Except as provided in §§ 170-12 through 170-22, no mobile home shall be parked or occupied in the Village of Millerton outside of an approved mobile home park for more than 48 hours except upon a special permit issued by the Village Board. Such permit shall be issued for a period not to exceed 30 days and shall not be renewable within the same calendar year.
B.
As an exception to Subsection A above, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants during the construction of a house thereon or, in the event of any emergency as determined by the Village Board, for a period not exceeding 180 days. However, if material progress with house construction work ceases for a consecutive period of 45 days, such permit shall become void.
C.
Also as an exception to Subsection A above, a permit may be issued for parking a mobile home or mobile homes if said mobile homes are used specifically to house persons employed in agriculture on the farm where the mobile home or mobile homes are located, provided that:
(1)
No mobile home shall be located closer to the street
line or any other property line than 100 feet.
(2)
Individual mobile homes shall be placed on a lot area
of not less than 6,000 square feet with a minimum width of 60 feet.
(3)
No mobile home or portion thereof shall be placed
any closer to any other mobile home or portion thereof than 35 feet.
(4)
Water supply and sewage disposal shall be provided
in a manner approved by the Dutchess County Health Department.
(5)
Such mobile homes may be exempted from minimum floor
area requirements.
D.
Also, as an exception to Subsection A above, individual mobile homes so located prior to adoption of this chapter may be replaced on their present sites with mobile homes no less than 720 square feet.
E.
The provisions of § 170-33D(4) and (5) shall apply to all individual mobile homes.
A.
License required for a mobile home park.
(1)
It shall be unlawful within the Village for any person
or persons to construct or operate a mobile home park without first
securing a written license from the Village Board and complying with
the regulations of this chapter.
(2)
The application for such annual license or renewal
thereof shall be filed with the Village Clerk and shall be accompanied
by a fee set by the Village Board. The fee schedule is on file and
available at the Village Hall. Thereafter, each mobile home shall
be assessed on the tax rolls of the Village against the mobile home
park owners in accordance with § 102 of the New York Real
Property Tax Law.
[Amended 2-23-1998 by L.L. No. 1-1998]
(3)
The application for a license or renewal thereof shall
be made on forms prescribed by the Village and shall include the name
and address of the owner in fee of the tract (if the fee is vested
in some person other than the applicant, a duly verified statement
by the person that the applicant is authorized by him to construct
or maintain the mobile home park shall accompany the application).
Each license or renewal thereof shall expire on the 30th day of April
following the issuance thereof. An application for renewal of license
shall be made 30 days prior to its expiration.
(4)
A license or renewal shall not be issued until the
park or park site has first been checked by the Zoning Enforcement
Officer for verification that the park or park site complies with
the regulations of this chapter.
(5)
Notwithstanding any of the above provisions, a mobile
home park consisting of three mobile homes or less shall not be required
to obtain a license or pay a fee; but all other regulations of this
section shall apply.
B.
Application for a mobile home park license. Any applicant
for a mobile home park license shall state that he, as agent or owner,
shall be responsible for the proper maintenance and upkeep of the
proposed park and shall furnish the following information:
C.
Park plan.
(1)
A mobile home park or house trailer camp shall have
an area of not less than 10 acres, and no mobile home lot or office
or service building shall be closer to the street line or other property
line than 50 feet. Margins along the side and rear property line of
the mobile home park shall be planted with at least one row of deciduous
and/or evergreen trees spaced not more than 40 feet apart. The minimum
height of plantation must be three feet.
(2)
A mobile home park or house trailer camp shall be
located on a well-drained site suitable for the purpose with all roads
paved or covered with calcium chloride to a width of at least 24 feet.
(3)
Individual mobile home lots shall have an area of
not less than 6,000 square feet with a minimum width of 60 feet.
(4)
No mobile home or portion thereof shall be placed
closer to any other mobile home or portion thereof than 35 feet.
(5)
The total number of mobile home lots shall not exceed
six per gross acre.
D.
Additional provisions. Each mobile home park and each
individual mobile home shall be provided with sanitary conveniences,
service and utilities, including water supply, sewage disposal and
garbage disposal, commensurate with the following:
(2)
Sewage disposal. Waste from each mobile home shall
be wasted into a public sewer system in a manner approved by the Dutchess
County Health Department or into a private sewer system and disposal
plant or septic tank approved by the same Department.
(4)
Storage. Storage space within a building shall be
provided in an amount equal to at least 80 square feet for each mobile
home lot in the mobile home park.
(5)
Maintenance.
(a)
The under portion of the mobile home shall be
properly enclosed within 30 days.
(b)
All service buildings and the grounds of the
camp shall be maintained in a clean, sightly condition and kept free
of any condition that will menace the health of any occupant or the
public or constitute a nuisance.
(6)
Registration.
(a)
The licensee shall keep a record of all occupants
of the park, noting the name and address of each occupant, license
numbers of all units and the state issuing such license, if licensed.
(b)
The licensee shall keep a copy of the register
available for inspection at any reasonable time by any authorized
person and shall not destroy such a registry until the expiration
of 12 months from the date of registration.
(7)
Inspection. Before any park commences operation, the
Zoning Enforcement Officer shall make an inspection of the premises
to determine that all requirements of this chapter shall have been
complied with and issue a certificate of occupancy. No use shall be
permitted until such a certificate has been issued.
[Amended 2-23-1998 by L.L. No. 1-1998]
(8)
Revocation or suspension of license.
(a)
The Village Board shall have the authority to
enter and inspect for health, sanitary and other provisions of this
chapter, any facility licensed hereunder, at any reasonable time.
(b)
If, upon inspection, it is found that the licensee
has violated any provision of this chapter, the Village Board shall
have the power to suspend such license and order the mobile home removed
or the mobile home park closed after notice and an opportunity to
be heard.
(10)
Snow removal. Roads shall be kept free of snow
by the licensee.
(11)
Recreation. Each mobile home park shall set
aside an area for recreational use not less than 10% of the total
land area of the park.
E.
Nonconforming mobile home/parks. Mobile homes presently
located in nonconforming mobile home parks may be replaced on existing
lots within said mobile home parks; however, any expansion or additions
to said mobile home park must conform to the regulations provided
in the law.
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
|
A.
General provisions.
(1)
Permanent off-street automobile storage, parking or
standing space shall be provided as set forth below at the time of
the erection of any building or structure and at the time any building
or structure is enlarged or increased in capacity by adding dwelling
units, guest rooms, seats or floor area or before conversion from
one zoning use or occupancy to another. Such space shall be deemed
to be required open space associated with the permitted use and shall
not thereafter be reduced or encroached upon in any manner. Except
in a driveway, no required front yard or portion thereof in any residential
district shall be utilized to provide parking space required in this
chapter.
(2)
If the vehicle storage space or standing space required
by this chapter cannot be reasonably provided on the same lot on which
the principal use in conducted, the Board of Appeals may permit such
space to be provided on other off-street property, provided that such
space lies within 400 feet of the main entrance to such principal
use. Such vehicle parking space shall be deemed to be required open
space associated with the permitted use and shall not thereafter be
reduced or encroached upon in any manner.
(3)
Vehicle parking or storage space maintained in connection
with an existing and continuing principal building, structure or land
use on the effective date of this chapter shall be continued and may
not be counted as serving as a new building, structure, addition or
land use, nor shall any required parking space be substituted for
an off-street loading and unloading space, nor any required loading
and unloading space be substituted for parking space.
(4)
The required parking space for any number of separate
uses may be combined in one lot, but the required space assigned to
one use shall not be assigned to another use at the same time, except
that 1/2 of the parking space required for churches, theaters or assembly
halls whose peak attendance will be at night or on Sunday may be assigned
to a use which will be closed at night or on Sunday.
(5)
No off-street automobile parking or storage space
shall be used or designed, arranged or constructed to be used in a
manner that will obstruct or interfere with the free use of any street,
alley or adjoining property.
(6)
The parking spaces provided along with their necessary
driveways and passageways shall be paved in a manner adequate to eliminate
dust and mud problems. Plans for such parking spaces are to be included
with the plans for the construction of buildings and other structures
and are to be presented to the Zoning Enforcement Officer at the time
application for building permits are to be filed. Such parking areas
are kept free of obstructions and unsightly objects. Intersections
of parking areas with sidewalks of street pavements must be made in
an approved manner. Provision must be made for the adequate drainage
of parking areas.
(7)
No commercial motor vehicle of more than a one-ton
capacity shall be parked or stored overnight on the street in any
residential district.
B.
Detailed provisions.
(1)
Amusement facilities: one parking space for every
five customers computed on the basis of maximum servicing capacity
at any one time, plus additional space for every two persons regularly
employed on the premises.
(2)
Apartment houses (multifamily dwellings, row houses
or townhouses and apartment hotels): one and one-half parking spaces
for each dwelling unit.
(3)
Auditoriums: one parking space for every five seats
occupied at maximum capacity.
(4)
Boardinghouses: one parking space for each sleeping
room occupied by roomers or boarders, plus one parking space for each
dwelling unit on the premises, plus one additional space for every
two persons regularly employed on the premises.
(5)
Bowling alleys: as listed under amusement facilities.
(6)
Churches: as listed under auditorium.
(7)
Civic centers: parking or storage space for all vehicles
used directly in the operation of such establishment, plus 5.5 parking
spaces per 1,000 square feet of floor area.
(8)
Clubhouses and permanent meeting places of veterans,
business, civic, fraternal, labor and other similar organizations:
one parking space for every 50 square feet of aggregate floor area
in auditorium, assembly hall and dining room of such building, plus
one additional space for every two persons regularly employed on the
premises.
(9)
Colleges (educational institutions): one parking space
for every five seats occupied at maximum capacity in the assembly
hall, auditorium, stadium or gymnasium of greatest capacity on the
campus. If the institution has no assembly hall, auditorium or gymnasium,
one parking space shall be provided for each person regularly employed
at such institution, plus five additional spaces for each classroom.
(10)
Dental clinics: three parking spaces for each
doctor or dentist, plus one additional space for every two regular
employees.
(11)
Dormitories: one parking space for every two
beds computed on the basis of the maximum bed capacity of the structures.
This requirement is in addition to the parking space as set forth
under colleges.
(12)
Eating establishments: one parking space for
every 100 square feet of total floor area.
(13)
Electrical shops: parking or storage space for
all vehicles used directly in the conduct of the business, plus one
parking space for each two persons regularly employed on the premises.
(14)
Fraternity houses: as listed under dormitories.
(15)
Freight terminals: parking or storage space
for all vehicles used directly in the business, plus one parking space
for each two persons regularly employed on the premises.
(16)
Funeral homes: parking or storage space for
all vehicles used directly in the conduct of the business, plus one
parking space for every two persons regularly employed on the premises
and one space for every six seats in the auditorium or chapel at such
establishment. If the establishment does not have a chapel or auditorium,
the additional parking to be required for funeral visitors shall be
determined by the Board of Appeals based on the number of funerals
that can be handled at one time, the size of the facilities and other
relevant factors.
(17)
Hospitals: one parking space for every two beds
intended for patients, excluding bassinets.
(18)
Indoor retail or service business: parking or
storage space for all vehicles used directly in the conduct of such
business, plus 5.5 parking spaces per 1,000 square feet of floor area.
(19)
Industrial plants and facilities: parking or
storage space for all vehicles used directly in the conduct of such
industrial use, plus one parking space for every two employees on
the premises at the maximum employment on a single shift.
(20)
Junior high schools (secondary): one parking
space for every five seats occupied at maximum capacity in the assembly
hall, stadium or gymnasium of greatest capacity on the school grounds
or campus. If the school has no assembly hall, auditorium, stadium
or gymnasium, one parking space shall be provided for each person
regularly employed at such school, plus two additional spaces for
each classroom.
(21)
Medical clinics: as listed under dental clinics.
(22)
Mobile homes: two parking spaces for each mobile
home.
(25)
Nursing home: one parking space for every two
beds computed on the basis of the maximum bed capacity of the structure.
This requirement is in addition to the parking space requirements
for hospitals.
(26)
Offices: one parking space for every 200 square
feet of office space.
(27)
Outdoor retail business: parking or storage
space for all vehicles used directly in the conduct of such business,
plus one parking space for every two persons employed on the premises
in maximum seasonal employment and such additional space as may be
required by the Board of Appeals based on the nature of the business
and other related factors.
(28)
Plumbing shops: as listed under electrical shop.
(29)
Post offices: as listed under civic centers.
(30)
Private schools: as listed under junior high
schools.
(31)
Public assembly: as listed under auditoriums.
(32)
Public school (elementary): one parking space
for each person regularly employed at such school, plus one additional
space for each classroom.
(33)
Public garage, motor vehicle repair: indoor
or outdoor parking or storage space for all vehicles used directly
in the conduct of such business, plus three parking spaces for each
person regularly employed on the premises.
(34)
Recreational centers and facilities: as listed
under amusement facilities.
(35)
Repair shops: as listed under electrical shops.
(36)
Residences (one-family, two-family and semidetached
dwellings): two parking spaces for each dwelling unit; dwelling unit
with home occupation, four parking spaces.
(37)
Restaurants: as listed under eating establishments.
(38)
Roofing shops: as listed under electrical shops.
(39)
Rooming houses: as listed under boardinghouse.
(40)
Self-service laundries and/or dry cleaning plants:
one parking space for every two washing machines and/or two dry-cleaning
machines.
(41)
Senior high school (secondary): as listed under
junior high schools.
(42)
Service establishment: as listed under indoor
retail or service business.
(43)
Service station, motor vehicle: parking or storage
space for all vehicles used directly in the conduct of the business,
plus one parking space for each gas pump, three spaces for each grease
rack and one space for every two persons employed on the premises
at maximum employment on a single shift.
(44)
Sorority house: as listed under dormitories.
(45)
Stadium: as listed under auditorium.
(46)
Swimming pool: as listed under amusement facilities.
(47)
Tavern: as listed under eating establishments.
(48)
Theater: as listed under auditorium.
(49)
Transportation terminal: one parking space for
every 100 square feet of waiting room space, plus one additional space
for every two persons regularly employed on the premises.
(50)
Trucking terminal: as listed under freight terminals.
(51)
Warehouse: as listed under freight terminals.
(52)
Wholesale business: parking or storage space
for all vehicles used directly in the conduct of such business, plus
one parking space for each two persons employed on the premises based
on maximum seasonal employment.
A.
General provisions.
(1)
On the same premises with every building or structure
or part thereof hereafter erected and occupied for the purpose of
business, trade or industry, there shall be provided and maintained
adequate space for the parking of commercial vehicles while loading
and unloading off the street or public alley. Such space shall have
access to a public alley or, if there is no alley, to a street. Off-street
loading and unloading space shall be in addition to and not considered
as meeting a part of the requirements for off-street parking space.
(2)
Off-street loading and unloading space shall not be
used or designed, intended or constructed to be used in a manner to
obstruct or interfere with the free use of any street, alley or adjoining
property. Off-street loading and unloading space shall be provided
as set forth below at the time of erection of any building or structure
and/or at the time any building or structure is enlarged or increased
in capacity.
B.
Detailed provisions.
(1)
Freight terminals: one off-street loading and unloading
space at least 12 feet by 55 feet by 14 feet high for every 5,000
square feet of total floor space area.
(2)
Hotels: one off-street loading and unloading space
at least 12 feet by 35 feet by 14 feet high.
(3)
Hospitals: one off-street loading and unloading space
at least 12 feet by 35 feet by 14 feet high in addition to any necessary
emergency unloading space for ambulances.
(4)
Indoor markets: one off-street loading and unloading
space at least 12 feet by 55 feet by 14 feet high for every 7,500
square feet or less of total floor area.
(5)
Industrial plants: one off-street loading and unloading
space at least 12 feet by 55 feet by 14 feet high for every 10,000
square feet of total floor area or as required by the Board of Appeals.
(6)
Retail Business: as listed under indoor markets.
(7)
Service establishments: as listed under indoor markets.
(8)
Trucking terminals: as listed under freight terminals.
(9)
Warehouse: as listed under freight terminals.
(10)
Wholesale storage facilities: as listed under
freight terminals.
A.
No public garage or motor vehicle service station
or private garage for more than five cars shall have a vehicular entrance
closer than 200 feet to an entrance to a church, school, theater,
hospital, public park, playground or fire station. Such measurement
shall be taken as the shortest distance between such entrances across
the street if the entrances are on opposite sides of the street and
along the street frontage if both entrances are on the same side of
the street or within the same square block.
B.
All motor vehicle service stations shall be so arranged
as to require all servicing on the premises and outside the public
way; and no gasoline pump shall be placed closer to any side property
line than 50 feet or closer to any street line than 10 feet.
C.
No inoperative motor vehicle shall be kept on the
premises of a motor vehicle service station for longer than two weeks.
D.
All waste material shall be stored within a structure
or enclosed within a fencing at least eight feet high and not visible
at any property line of the establishment.
E.
On any streets which provide access to gasoline pumps,
all repair facilities shall be at least 15 feet farther from the street
line than the side of the gasoline pumps farthest from the street
line.
A.
Rock and stone crushing and mixing stone or gravel with asphaltic oils or other binders shall be prohibited in all districts. However, the above shall not prevent issuance by the Zoning Enforcement Officer of a temporary permit, under § 170-43, for a mixing plant in connection with a particular construction project for the period of its construction.
[Amended 2-23-1998 by L.L. No. 1-1998]
B.
A quarry for the removal of stone in bulk without crushing, a sand or gravel pit and topsoil removal may be authorized by the Board of Appeals where permitted by §§ 170-12 through 170-22 as a special exception under the conditions set forth in § 170-23, provided that:
(1)
No permit shall be issued for an excavation covering
an area of more than five acres.
(2)
No permit shall be issued for a period of more than three years, except that upon application and after the procedure described in § 170-23 has been reinitiated and completed, a permit may be issued for an additional three-year period or portion thereof.
(3)
No permit shall be issued unless the applicant provides
a plan of reclamation to be effected before termination of operations
meeting with the approval of the Board of Appeals. Such plan shall
provide for the restoration of the premises through grading, seeding,
sodding and other means to the end that the premises are left in a
safe and attractive condition. Insofar as is practical, the plan will
provide for the return of the premises to natural slopes and eliminate
gullies and holes. Operations shall not be permitted below the water
table; however, in the event that ponds are created during operations,
care will be exercised that these do not become public nuisances.
Insofar as it is possible, operations will not be permitted to disturb
the natural drainage pattern of the area; however, if such does occur,
the plan of reclamation shall provide for the restoration of the natural
drainage pattern of the area. To assist the Board of Appeals in its
deliberations, the applicant shall provide a topographic survey prepared
by a licensed professional engineer or a licensed land surveyor showing
the existing contours and the contours proposed to be established
at the conclusion of the operation, such contours to be shown at two-foot
intervals.
(4)
No permit shall be issued unless a performance bond payable to the Village of Millerton satisfactory to the Village Board as to the form and manner of execution and in an amount estimated by the Board of Appeals necessary to effect the plan described in Subsection (3) above has been posted with the Village Clerk. Said bond shall not be released until a certificate of completion has been issued by the Zoning Enforcement Officer certifying that the Plan of Restoration described in Subsection (3) above, including any conditions imposed by the Board of Appeals, has been executed.
(5)
Existing quarries, sand or gravel pits. Any quarry, sand or gravel pit existing at the time of the enactment of this chapter shall be discontinued within two years from the date of the adoption of this chapter; however, upon the expiration of this period, application may be made to the Board of Appeals for a permit as provided by Subsection B(1) through (4) inclusive.
C.
In the operation of any quarry, sand or gravel pit,
the following shall be observed:
(1)
No excavation, blasting or stockpiling of materials
shall be located within 300 feet of any public road or other property
line.
(2)
No power activated sorting machinery shall be located
within 600 feet of any public road or other property line and all
such machinery shall be equipped with satisfactory dust elimination
devices.
(3)
All excavation slopes in excess of 50% shall be adequately
fenced as determined by the Zoning Enforcement Officer.
(4)
Extension of a nonconforming quarrying operation shall
not be permitted.
(5)
Major excavating, grading or filling as herein defined
shall not be permitted except with the approval of the Board of Appeals.
[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.
(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.
(3)
No roof signs shall be erected.
(4)
No sign shall have more than two faces.
(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.
(2)
Permitted signs.
(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.
(g)
Posting signs.
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.
(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.
(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.
[6]
One "for sale" sign, not to exceed six square
feet in area.
(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.
[6]
One "for sale" sign, not to exceed six square
feet in area.
(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.
[5]
One "for sale" sign, not to exceed six square
feet in area.
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.
FACADE
SHOPPING CENTER
SIGN
SIGN, DIRECTIONAL
SIGN, FACADE
SIGN, FARM PRODUCTS
SIGN, "FOR SALE"
SIGN, FREESTANDING
SIGN, HANGING
SIGN, HEIGHT OF
SIGN, NONCONFORMING
SIGN, OFF-PREMISES DIRECTIONAL
SIGN, PORTABLE
SIGN, POSTING
SIGN, RESIDENTIAL IDENTIFICATION
SIGN, ROOF
SIGN, TEMPORARY
Definitions. The following terms shall have the meanings
indicated:
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.
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.
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.
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.
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.
A sign identifying the sale of farm products raised on the
premises.
A sign identifying property on which it is located or a building
thereon for sale.
A sign not depending, for its main support, upon a building.
A double-face sign is considered one sign.
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.
Refers to the distance from the average ground level to the
top of the sign structure.
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.
Signs of a directional nature not located on the property
on which the business or activity referred to is located.
Any device on wheels or stand that is designed to be easily
moved, the purpose of which is to display a sign.
A sign which prohibits hunting and/or trespassing on the
premises at which it is displayed.
A sign which identifies a residential use of a property,
stating the name and/or the address of the resident(s).
A sign erected above the roofline (above coping, eave or
cornice).
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]
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.
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.
(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.
