A.
Site plan specifications. Application for multiple dwellings and
planned residential development groups shall require the submission
of a site development plan to the Planning Board[1] for review and report and approval by the Board of Appeals
and shall show all structures, roadways, pathwalks, parking areas,
recreation areas, utility and exterior lighting installations and
landscaping on the site, all existing structures and usages with 200
feet of the site boundaries and any other elements as may be deemed
essential by the Planning Board or the Board of Appeals.
B.
Before taking final action on the site plan, the Planning Board and
Board of Appeals shall make findings with respect to the following:
(1)
Traffic access. All proposed site traffic accessways are adequate,
but not excessive in number, adequate in grade, width, alignment and
visibility, and not located too near street corners, entrances to
schools or places of public assembly and other similar considerations.
(2)
Circulation and parking. The interior circulation system is adequate
and all required parking spaces are provided and are easily accessible.
(3)
Disposal of usable open space. In accordance with the spirit and
intent of this chapter, wherever possible, usable open space is disposed
of in such a way as to ensure the safety and welfare of residents.
(4)
Arrangement of buildings. Adequate provision has been made for light,
air, access and privacy in the arrangement of the buildings to each
other. Each dwelling unit shall have a minimum of two exterior exposures.
Laundry facilities, including washing machines and clothes dryers,
shall be available on the premises for use by all occupants of the
premises. Exterior clotheslines shall not be permitted.
(5)
Proper landscaping. The proposed site is properly landscaped, the
purpose of which is to further enhance the natural qualities of the
land. Where adjacent land use dictates, proper screening and buffer
zones may be required. No certificate of occupancy shall be issued
for any such building or buildings, unless the same conforms in all
respects to such site plan and unless all facilities included in the
site plan have been in accordance therein.
C.
Supplemental controls. In reviewing the proposed site plan for one
or more multiple-family structures, the Planning Board and Board of
Appeals will be guided by the following regulations:
(1)
Building relationship.
(a)
Maximum length of rows. The maximum length of any group of attached
structures shall not exceed 150 feet. A building group may not be
so arranged as to be inaccessible by emergency vehicles.
(c)
Distance between buildings and driveways.
[1]
No driveway or parking lot should be closer than 25 feet to
the front of any building nor 10 feet to the side or rear of any building.
[2]
In the case of an enclosed garage or carport provided as a portion
to the main structure, distance requirements for driveways providing
access to these accommodations shall not apply.
(2)
Recreation space. There shall be provided on the site of such development
an area or areas devoted to the joint recreational use of the residents
thereof. Such recreation space shall consist of not less than 400
square feet of space per dwelling unit. Each such recreation space
shall be developed with passive and/or active recreation facilities.
(3)
Off-street parking spaces. There shall be provided on the site of
such development an area or areas devoted to the storage of automobiles.
Two parking spaces shall be provided for each dwelling unit on the
site. Parking areas shall contain a minimum of 200 square feet per
space and shall measure 10 by 20 feet, exclusive of driveways.
(4)
Landscaping. Proper landscaping shall be provided along all walks
and streets, around recreation areas and along the outer property
line of the site.
[Added 1-11-2022 by L.L. No. 1-2022]
A.
Purpose and intent. The purpose of this section is to ensure that
the quality of tourist rooming in short term rental units operating
within the Village is adequate for protecting public health, safety
and general welfare, including:
(1)
Establishing minimum standards of space for human occupancy
and for an adequate of maintenance;
(2)
Determining the responsibilities of owners, operators and property
managers offering these properties;
(3)
To protect the character and stability of all areas, especially
residential areas, within the Village;
(4)
To provide minimum standards necessary for the health and safety
of persons occupying or using buildings, structures or premises;
(5)
Provisions for the administration and enforcement thereof.
B.
BATHROOM
BOARD OF TRUSTEES
CLERK
CODE ENFORCEMENT OFFICER
DWELLING UNIT
ENTITY
OWNER
PERMIT
PERSON
PROPERTY MANAGER
SHORT-TERM RENTAL
VILLAGE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A room containing a group of plumbing fixtures consisting
of, at a minimum, a lavatory, water closet, and shower or tub or tub/shower
combination contained within the same room; a door for privacy, such
that the door is provided with locking hardware capable of being opened
from the outside with manufacturer supplied key or pin; and, that
the room as a whole complies with applicable state code regulations.
The Board of Trustees of the Village of Dundee.
The Clerk of the Village of Dundee or his/her designee.
The Code Enforcement Officer of the Village of Dundee or
or his/her Deputy.
One or more rooms with provisions for living, cooking, sanitary,
sleeping facilities and a bathroom arranged for exclusive use by one
person or one group. Dwelling units include residential, tourist rooming
house, seasonal employee housing and dormitory units.
A corporation, partnership, limited liability company, or
sole proprietorship licensed or registered to conduct business in
this state.
The person or entity which possess legal title to premises
upon which is located a short-term rental facility.
The short-term rental permit issued pursuant to this chapter.
An individual, individuals, corporation, firm, partnership,
association, organization and any other group acting as an entity,
as well as individuals, including a personal representative, receiver
or other representative appointed according to law. Whenever the word
person is used in any section of this chapter describing a penalty
or fine, as to partnerships or associations, the word shall include
the partners or members hereof, and as to corporations or LLCs, shall
include the officers, agents or members thereof who are responsible
for any violation of such section.
A person or entity that is not the property owner and is
empowered to act as agent and/or provides property management services
to one or more short-term rental facilities.
A residential dwelling unit that is offered for rent for
a fee for fewer than 30 consecutive days.
The Village of Dundee, Yates County, New York.
C.
Required permit.
(1)
An owner shall obtain a revocable short-term rental permit prior
to any structure being used for short-term rental purposes.
(2)
A short-term rental permit shall be valid for one year and must
be renewed by the owner or the owner's agent prior to its expiration.
(3)
The short-term rental permit is not transferable to a new owner.
Any new owner or property previously used as a short-term rental must
file a new application for a short-term rental permit.
(4)
No residential unit that was constructed as a single-family
dwelling, two-family dwelling, multiunit dwelling, dwelling with a
business or dwelling above a first-floor business, after the enactment
of this section shall be eligible to apply for a short-term rental
permit for a period not less than two years after the issuance of
the certificate of occupancy unless, at the time the application for
the initial building permit for such dwelling is filed, an application
for a short-term rental is also filed.
(5)
In the event that the conditions or the provisions of this section
of the short-term rental permit are not adhered to, the short-term
rental permit may be revoked and the owner shall be subject to any
penalties set forth in this section.
(6)
Notwithstanding the foregoing, those properties with short-term
rental commitments existing on the effective date of this section
shall be permitted to honor such existing commitments, but must apply,
within 30 days of the effective date hereof for all future short-term
rental commitments. In the event such application is denied, all commitments
must be cancelled by the owner or its agent.
D.
Short-term rental permit application requirements. Applications for
a short-term rental facility may be obtained at the office of the
Clerk of the Village of Dundee. A completed application for (or renewal
of) a short-term rental permit shall be submitted to the Code Enforcement
Officer, accompanied by payment of the nonrefundable permit fee application,
and contain at least the following:
(1)
The signature of all persons and/or entities that have an ownership
interest in the subject property.
(2)
Copy of the current deed showing ownership of the subject property.
(3)
Permission for a property inspection by the Code Enforcement
Officer.
(4)
An acknowledgement of compliance with applicable Village short-term
rental standards, including, but not limited to, the demonstration
of adequate off-street parking for occupants of the proposed short-term
rental facility.
(5)
A list of all the property owners of the short-term rental facility,
including names, addresses, telephone numbers and email addresses.
(6)
The name, address, telephone number and email address of a property
manager, who shall be responsible and authorized, to act on the owner's
behalf to promptly remedy any violation of applicable regulations,
the permit conditions or violations of other applicable local, state
or federal laws or regulations.
(7)
An, accurate, suitable site plan, measuring at least 8 1/2
inches by 11 inches, drawn to scale and certified by the applicant.
The site plan need not be prepared by a professional, but must depict
the following:
(a)
The location of buildings and required parking, as well as outbuildings
and property boundaries.
(b)
Basement, including all utilities, all rooms, including bedrooms,
windows; and exits.
(c)
First floor/all rooms showing exits, windows, bedrooms and any
heating/cooling units.
(d)
Second floor/all rooms, showing exits, windows, bedrooms and
any heating/cooling units.
(e)
Attic, if any with all rooms, showing exits, windows, bedrooms,
and any heating/cooling units.
(8)
A statement that the applicant has met and will continue to
comply with the standards of this chapter, as well as all applicable
local, state and federal laws and regulations.
(9)
A statement indicating whether any of the owners of the subject
property have had a short-term rental permit revoked within the previous
year in any jurisdiction.
E.
Short-term rental standards. All short-term rentals shall meet the
following standards:
(1)
Property requirements.
(a)
Egress.
[1]
There shall be at least one of the following alternative
means of egress:
[a]
Interior stairs protected by a limited area sprinkler
system installed in conformance with NFPA 13D;
[b]
An exterior stair conforming to the requirements
of R311.7 of the NYS Building Codes, providing a second means of egress
from all above grade stories or levels; or
[c]
An opening for emergency use conforming to the
requirements of Section R310 of the NYS Building Codes within each
bedroom for transient use, such opening to have a sill not more than
14 feet above level grade directly below and, as permanent equipment,
a portable escape ladder that attaches securely to such sill. Such
ladder shall be constructed with rigid rungs designed to stand off
from the building wall, shall be capable of sustaining a minimum load
of 1,000 pounds, and shall extend to and provide unobstructed egress
to open space at grade.
[2]
All short-term rentals must comply with all applicable
local, state, and federal laws regarding accessibility by persons
with a disability.
(b)
Smoke and carbon monoxide detectors. There shall be one working
smoke detector in each sleeping room and one additional smoke detector
on each floor. Carbon monoxide detectors shall be installed as required
by the New York State Uniform Fire Prevention and Building Code. Smoke
and carbon monoxide detectors must be hard wired and interconnected,
with a back-up for power outage events.
(c)
Emergency evacuation procedures. Evacuation procedures must
be posted in each sleeping room to be followed in the event of a fire
or smoke condition or upon activation of a fire or smoke-detecting
or other alarm device.
(e)
The facility shall have a house number clearly legible from the street or road (see Village of Dundee Code, Chapter 41, Buildings, Numbering of).
(f)
Exterior doors shall be operational and all passageways to exterior
doors shall be clear and unobstructed.
(g)
Electrical systems shall be serviceable with no visual defects
or unsafe conditions.
(h)
Accessible solid-fuel burning appliances are prohibited unless
the facility owner provides a signed document from a qualified individual
or entity, the insurance carrier or their designee, certifying that
the device/unit and chimney/venting have been inspected and are in
compliance with all applicable codes.
(i)
No person shall have a hibachi, gas-fired grill, charcoal grill,
or other similar device used for cooking or any other purpose on any
wood or composite material balcony, porch or deck, nor under any overhanging
structure or within 10 feet of any structure.
(j)
The proposed short-term rental must have at least one parking space for each sleeping room (see Village of Dundee Code § 138-21, Off-street parking). Such parking shall not be located in any required yard or grass area. Parking on the side of the street is specifically prohibited. This parking regulation is in effect 24 hours a day.
(k)
The maximum occupancy for each short-term rental unit shall
be the lesser of 10 people or the number of people allowed by bedroom
capacity. For this purpose, every bedroom shall contain not less than
70 square feet and every bedroom occupied by more than one person
shall contain not less than 50 square feet of floor area for each
occupant thereof.
(l)
Regardless of all other occupancy limitations, maximum occupancy
of any short-term rental facility is limited to 10 people. Occupancy
limitations are in effect 24 hours a day.
(m)
In the event that the property has a septic system, the maximum
occupancy shall be defined by the capabilities of the septic system,
but in no event shall occupancy for each short-term rental facility
exceed 10 people.
(n)
The facility shall not bear any sign that identifies or advertises
it as a short-term rental facility on any portion of the premises.
(o)
No tents, campers, trailers or other structures are permitted
for use on short-term rental facility premises.
(2)
Insurance and registration standards.
(a)
All applicants and permit holders must provide an "evidence
of property insurance" and "certificate of liability insurance" indicating
the premises is rated as a short-term rental facility and maintain
such insurance throughout the term of the short-term rental permit.
(b)
In addition to the requirements imposed by this section, all
applicants and permit holders must obtain and maintain all governmental
permits and licenses necessary to conduct business as a short-term
rental. The certificate of authority to collect occupancy tax must
be posted in the home by the facility at the door with the Village
of Dundee short-term rental permit. Regardless of the mode of sale
or who is collecting or paying occupancy taxes, the facility owner
must file with the Yates County Treasurer any and all requisite reports.
(3)
No recreational vehicles (RVs), camper, tent, or other temporary
lodging arrangement shall be permitted on the facility site as a means
of providing additional accommodations for paying guests or other
invitees.
(4)
Provisions shall be made for garbage removal on not less than
a weekly basis during rental periods. Garbage containers shall be
secured with tight-fitting covers at all times to prevent leakage,
spilling or odors, and placed where they are not clearly visible from
the street or road except at prescribed pick-up times.
(5)
Rental notice. All applicants and permit holders must present
renters prior to occupancy with a notice which includes the following
policies/statements:
(a)
The maximum facility occupancy;
(b)
The maximum on-site parking and that parking is not permitted
on the street or other unpaved yard areas on the property;
(c)
Good neighbor statement stating:
[1]
That the short-term rental is in a residential
area in the Village of Dundee and that renters should be conscious
of the residents in neighboring homes;
[2]
A statement that no vehicular traffic shall be
generated that is greater than normally expected in the residential
neighborhood;
[3]
A statement that there shall not be excessive music
or other noise, fumes, glare or vibrations generated during the use;
[4]
Any outdoor event held at the short-term rental
facility shall last no longer than one day occurring between the hours
of 10:00 a.m. and 10:00 p.m. Any activities shall be in compliance
with other noise regulations of the Village;
[5]
A statement that littering is prohibited; and
[6]
A statement that all fires must be attended and
incompliance with applicable regulations.
F.
Procedure upon filing application.
(1)
Short-term rental permit applications shall be filed with the
Code Enforcement Officer along all supporting documents and the nonrefundable
permit application fee. Only completed applications will be accepted
by the Village Code Enforcement Officer. The Code Enforcement Officer
may decline the accept an application for consideration for any of
the following reasons:
(a)
If the application is incomplete, the documentation required
was not included with the application or the full permit fee, in a
payment form acceptable to the Village Clerk, was not included with
the application.
(b)
In the event that any of the owners of the facility applying
for the permit has previously had a short-term rental permit revoked,
such information must be provided in the application.
(2)
Upon acceptance of the completed application by the Code Enforcement
Officer (CEO), shall within 14 days schedule a property inspection
to certify that all short-term rental requirements have been met.
(3)
Within 30 days of certifying compliance of the facility by the
Code Enforcement Officer, the Code Enforcement Officer shall schedule
a site plan review pursuant to the Village Code.
(4)
The Board of Trustees shall review the short-term rental application/preliminary
site plan to ensure that it meets all requirements.
(5)
Upon review of the accepted completed short-term rental application/preliminary
site plan application the Board of Trustees shall schedule a public
hearing. Public hearings will be noticed in the Village's official
newspaper or, if there is none, in a newspaper of general circulation
in the Village at least five days before the public hearing as well
as posting such notice in the Village Hall not less than five days
prior to the hearing. In addition, a sign shall be posted in the front
yard of the subject property, not more than 10 feet from the sidewalk
or street surface, at least 10 days prior to the date of the hearing.
Such sign shall be provided by the Village, shall be the property
of the Village and be placed and removed, after the decision of the
Board of Trustees, by the Code Enforcement Officer. The sign shall
contain language in a size clearly readable from the street that the
property is subject to an application for a permit as a short-term
rental, as well as the date, time and location of the public hearing,
that the public may be heard at the public hearing and that copies
of the permit application documents are available from the Village
Clerk and the telephone number of the Village Clerk.
(6)
Upon completion of the public hearing with respect to the subject
property, the Board of Trustees shall approve, with or without conditions,
or disapprove the short-term rental permit application/site plan application.
In issuing a short-term rental permit, the Board of Trustees may impose
such reasonable conditions and restrictions as are directly related
to and incidental to the use of the property for short-term rental
facilities so long as such conditions and restrictions are consistent
with the requirements of the Zoning Law and are imposed for the purpose
of minimizing any adverse impact the short-term rental facility may
have on the neighborhood or community.
(7)
Upon approval of the short-term rental application/site plan
review application by the Board of Trustees, the Code Enforcement
Officer shall issue the applicant a short-term rental permit. Short-term
rental permits issued shall state the following:
(a)
The names, addresses and phone numbers of every person or entity
that has an ownership interest in the short-term rental property and
of a primary contact person and/or property manager who shall be available
during the entire time the short-term rental property is being rented;
(b)
The maximum occupancy and vehicle limits for the short-term
rental unit;
(c)
Identification of the number of and location of parking spaces
available;
(d)
The maximum days of occupancy for the premises for individual
rentals;
(e)
Any conditions imposed by the Board of Trustees; and
(f)
That the permit shall expire one year from the date of issuance.
(8)
A copy of the current short-term rental permit shall be provided
by mail to every adjacent property owner and to every property owner
of premises within 150 feet of the property line of the short-term
rental facility by the Code Enforcement Officer. A statement of compliance
with this provision, stating the owners served, their addresses and
the date of mailing shall be completed by the Code Enforcement Officer
within 24 hours of such mailing.
G.
Renewal.
(1)
Each application for a renewal of a short-term rental permit
shall include updated information for the documentation on file with
the Code Enforcement Officer and payment of the applicable fee.
(2)
The Code Enforcement Officer shall verify that the information
provided on the renewal application is complete and in accordance
with the requirements of this chapter. The Code Enforcement Officer
shall request reports from the Yates County Sheriff's Office
and New York State Police regarding any complaints received, calls
for service or actions taken regarding the short-term rental facility.
(3)
The Code Enforcement Officer shall issue renewal permits within
30 days of the filing of the complete application unless the information
provided is incomplete or otherwise not in compliance with the requirements
of this section.
(4)
In the event that the Code Enforcement Officer finds that the
license should not be renewed, the Code Enforcement shall deny the
renewal. The written reasons for such denial shall be placed in the
subject file.
(5)
Annual code inspection of the facility is required prior to
renewal of the permit.
(6)
No permit shall be renewed if the applicant or facility has
any past due water, sewer or taxes owed to the Village, or is under
an order issued by the Code Enforcement Officer, or his designee,
to bring the premises into compliance with applicable law, codes or
regulations.
(7)
An appeal from a denial of renewal of a permit may be appealed
to the Board of Trustees, with due process applicable to such process.
H.
Property manager. Property manager qualifications. To qualify as
a property manager the individual or entity must meet the following
requirements:
(1)
A property manager must reside in or within 30 miles of the
Village or an entity with offices located within 30 miles of the Village.
The property manager must be available 24 hours a day.
(2)
The property manager does not have pending any criminal charges
and has not been convicted of a felony or misdemeanor or any offense
involving larceny, fraud, deceit, or the illegal use or illegal threatened
use of force against any person.
(3)
The property manager must be authorized by the property owner
to act as the agent for the owner for the receipt of service of notice
of violation of this section's provisions, for service of process
pursuant to this section and shall be authorized by the owner to permit
Village officers and their designees, to enter the owner's property
for purposes of inspection and enforcement of this section and/or
the state codes or regulations.
I.
Conformity and display of permit.
(1)
The issuance of a short-term rental permit is conditioned upon
continued compliance with the requirements of all applicable laws,
codes and regulations. Failure to so comply may result in revocation
of the permit.
(2)
In the event that the Code Enforcement Officer has probable
cause to believe that the facility owner is not in compliance with
the provisions of the Zoning Chapter, the Code Enforcement Officer
may petition a court of competent jurisdiction for a search warrant
to conduct an inspection of the short-term rental facility for purposes
of ensuring compliance with this section. Alternatively, the Code
Enforcement Officer may request permission from an owner of the short-term
rental facility or the designated property manager to enter the facility
in order to conduct an inspection for purposes of ensuring compliance
with applicable laws, codes and regulations. In the event that an
inspection authorized herein is conducted, the Code Enforcement Officer
may use the results of such inspection in determining whether to revoke
the permit.
(3)
Prior to any renters entering into possession of the short-term
rental facility:
(a)
The current short-term rental permit and certificate of occupancy
shall be prominently displayed inside the facility in proximity to
the front entrance of the short-term rental facility; and
(b)
A copy of the current short-term rental permit and a site plan
provided as part of the application, must be provided to the Village
of Dundee Fire Department by the Code Enforcement Officer.
(4)
The owners must ensure that current and accurate information
is provided to the Code Enforcement Officer and that they notify the
Code Enforcement Officer immediately upon any change in the information
displayed on the permit. If, based on such changes, the Code Enforcement
Officer issues an amended short-term rental permit, the Code Enforcement
Officer must immediately replace the permit displayed inside and near
the front entrance of the short-term rental with the amended permit
and must immediately provide a copy of the amended permit to every
requisite property owner as specified in Subsection G(8) hereof.
(5)
The short-term rental permit holder must conspicuously display
the short-term rental permit number in all advertisements for the
applicable short-term rental facility.
J.
Appeal and license revocation.
(1)
The denial of any license application or renewal under this
chapter may be appealed by filing a written appeal request with the
Clerk within 10 days of the notice of denial. The appeal shall be
heard by the Board of Trustees. The Board of Trustees shall consider
the appeal and may grant or deny the appeal subsequent to a hearing
at which the appellant has a right to be heard and notice of which
shall be provided at least 10 days in advance in writing.
(2)
A license may be revoked by the Board of Trustees for one or
more of the following reasons:
(a)
Failure to make payment on water, sewer, taxes or other charge
owed to the Village;
(b)
Three or more calls for police service, building inspection
or the health department for nuisance activities or other violations
in any twelve-month period;
(c)
Failure to comply with annual Village building inspection requirements;
(d)
Failure to maintain all required Village, county and state licensing
requirements;
(e)
Failure to use the property as a short-term rental for a period
of six months of issuance of a short-term rental permit;
(f)
Failure to comply with any provisions of this section;
(g)
Any violation of Village, county or state laws.
K.
Penalties. Notwithstanding any other provision of this chapter or
the Code of the Village of Dundee, any failure to comply with the
provisions of this section will be considered a violation as defined
in the Penal Law of the State of New York and may be punishable as
follows:
(1)
For conviction of a first offense a sentence of imprisonment
for a period not to exceed 15 days and/or a fine not to exceed $1,000.
(2)
For conviction of a subsequent offense within three years of
the commission of the first offense, a sentence of imprisonment not
to exceed 15 days and/or a fine of not less than $250 nor exceeding
$1,000.
(3)
A conviction for a third offense committed within three years
of the commission of the first offense resulting in a conviction shall
require the revocation of the permit for a period of three years from
the date of the conviction for the third offense.
L.
Fees. A fee schedule shall be established by resolution of the Board
of Trustees. Such fee schedule may hereafter be amended from time
to time by like resolution. The fees set forth in, or determined in
accordance with, such fee schedule or amended fee schedule shall be
charged and collected for initial rental application fee, renewal
short-term rental application fee, reinspections and any additional
fee as deemed appropriate for this chapter.
Amusement center, bowling alley and similar places of amusement.
A.
Such uses shall be conducted entirely within an enclosed structure.
B.
Off-street parking areas shall be screened from adjoining residential properties in accordance with § 138-15.
C.
A principal structure shall be not less than 50 feet from any property
line of a residential zone.
D.
No bowling alley or roller-skating rink shall be maintained or operated
within 75 feet of an entrance or exit of a public library, church,
hospital, children's or old people's home or other similar public
or semipublic institutions.
E.
Illuminated signs and other lights shall be directed away or shielded
from adjoining residential properties in such a way as not to disturb
the occupants thereof.
F.
No public-address system shall be permitted except where such system
is inaudible at any property line or where expressly permitted by
the Village.
A.
Essential services, enclosed or permanent structures. Such uses,
when in residential districts, shall be subject to the following regulations:
B.
Essential services, open. Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems or collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signs, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings, and, where applicable, the landscaping regulations of § 138-15 shall apply.
[Added 4-10-2018 by L.L.
No. 3-2018]
Dog kennels, as defined in § 138-4 of this chapter, are prohibited in all zoning districts in the Village.
Drive-in eating and drinking places. Such businesses, where
persons are served in automobiles, shall be not closer than 75 feet
to any residential district and shall provide ingress and egress so
as to minimize traffic congestion. The number and location of curb
cuts shall be subject to the review and recommendation of the Planning
Board[1] and approval by the Board of Appeals.
A.
Purpose.
(1)
The purpose of planned unit development regulations is to encourage
flexibility in the design and development of land in order to promote
its most appropriate use; to facilitate the adequate and economical
provision of streets, utilities and public spaces; and to preserve
the natural and scenic qualities of open areas.
(2)
The procedure is intended to permit diversification in the location
of structures and to improve circulation facilities and other site
qualities while ensuring adequate standards relating to public health,
safety and welfare and convenience, both in the use and occupancy
of buildings and facilities in planned groups.
B.
C.
Regulations governing planned unit developments.
(1)
Minimum area. A planned unit development shall include no less than
five acres of contiguous land.
(2)
Open space. A minimum of 25% of planned unit site area shall be developed
as open space. Parking areas and vehicle access facilities shall not
be considered in calculating open space.
(3)
Residential density. Planned unit developments shall have densities
no greater than those permitted in the residential district in which
they are located.
(4)
Land use. Proposed land uses shall not adversely affect surrounding
development and shall be in accordance with the objectives and principles
of the Comprehensive Plan.
D.
Standards for approving planned unit developments. The Village Board
shall approve the required site plan only if it finds that the planned
unit development satisfies all of the following standards:
(1)
General standards.
(a)
The planned unit development group plan shall be consistent
with the Comprehensive Plan of the Village of Dundee.
(b)
The planned unit development shall provide for an effective
and unified treatment of the development possibilities on the project
site making appropriate provision for the preservation of scenic features
and amenities of the site and the surrounding areas.
(c)
The planned unit development shall be planned and developed
to harmonize with any existing or proposed development in the area
surrounding the project site.
(2)
Design standards.
(a)
All buildings in the layout and design shall be an integral
part of the development and have convenient access to and from adjacent
uses and blocks.
(b)
Individual buildings shall be related to each other in design,
masses, materials, placement and connections to provide a visually
and physically integrated development.
(c)
The design of buildings and the parking facilities shall take
advantage of the topography of the project site, where appropriate,
to provide separate levels of access.
(d)
All building walls shall be so oriented as to ensure adequate
light and air exposures to the rooms within.
(e)
All buildings shall be arranged so as to be accessible to emergency
vehicles.
(3)
Landscape design standards.
(a)
Landscape treatment for plazas, roads, paths, service and parking
areas shall be designed as an integral part of a coordinated landscape
design for the entire project area.
(b)
Primary landscape treatment shall consist of shrubs, ground
cover and street trees and shall combine with appropriate walks and
street surfaces to provide an attractive development pattern. Landscape
materials selected should be appropriate to local growing conditions.
(c)
Whenever appropriate, existing trees shall be conserved and
integrated into the landscape design plan.
(d)
All streets bordering the project area shall be planted at appropriate
intervals with street trees.
(4)
Circulation system design standards.
(a)
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation facilities, roadways, driveways, off-street
parking and loading space.
(b)
Roads, pedestrian walks and open space shall be designed as
integral parts of an overall site design. They shall be properly related
to existing and proposed buildings and appropriately landscaped.
(c)
Buildings and vehicular circulation open spaces shall be arranged
so that pedestrians moving between buildings are not unnecessarily
exposed to vehicular traffic.
(d)
Landscaped, paved and comfortably graded pedestrian walks shall
be provided along the lines of the most intense use, particularly
from building entrances to streets, parking areas and adjacent buildings.
(e)
Materials and design of paving, lighting fixtures, retaining
walls, fences, curbs, benches, etc., shall be of good appearance,
easily maintained and indicative of their function.
(5)
Parking and loading design standards.
(a)
Parking facilities shall be landscaped and screened from public
view to the extent necessary to eliminate unsightliness and monotony
of parked cars.
(b)
Pedestrian connections between parking areas and buildings shall
be by special pedestrian walkways and/or elevators.
(c)
Parking facilities shall be designed with careful regard to
orderly arrangement, topography, landscaping and ease of access and
shall be developed as an integral part of an overall site design.
(d)
Any above-grade loading facility should be screened from public
view to the extent necessary to eliminate unsightliness.
A.
Off-street parking. In all districts, in connection with every manufacturing
business, institutional, recreational, residential or any other use,
there shall be provided, at the time any new building or structure
is erected, off-street parking spaces open at no charge for patrons'
automobiles in accordance with the requirements set forth herein.
(1)
Size and access. Each off-street parking space shall have an area
of not less than 200 square feet exclusive of access drives or aisles,
and shall measure not less than 10 feet by 20 feet. Except in the
case of dwellings, no parking area provided hereunder shall be established
for less than three spaces.
(2)
Number of parking spaces required. The number of off-street parking
spaces required shall be as set forth in the Off-Street Parking Schedule
below. In the case of any building, structure or premises, the use
of which is not specifically mentioned herein, the provisions for
a use which is so mentioned and to which said use is similar, in the
opinion of the Zoning Officer, shall apply.
[Amended 5-23-1989 by L.L. No. 2-1989]
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Off-Street Parking Schedule
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|---|---|
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Uses
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Required Parking Spaces
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Churches and synagogues
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1 for each 3.5 seats
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Community buildings and social halls
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1 for each 200 square feet of gross floor area or 1 for each
3.5 seats, whichever is greater
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Motels, hotels, boarding- and rooming houses
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1 for each sleeping room or dwelling unit
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Manufacturing plants or research or testing laboratories
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1 for each employee in the maximum working shift and not less
than 1 for each 200 square feet of gross floor space
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Restaurants, bars and nightclubs
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1 for each 50 square feet of patron space
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Retail stores, store groups, shops, etc.
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1 for each 200 square feet of floor space, plus 1 for each employee
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Wholesale establishments or warehouses
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1 for each employee in maximum shift; the total parking area
shall be not less than 25% of the building floor area
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Offices, general
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1 for each 200 square feet of first-floor area and each 300
square feet of floor area on the second floor and above
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Doctor's or dentist's office
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5 for each doctor
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Home occupation
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Minimum of 3
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B.
Off-street loading.
(1)
In any district, in connection with every building, or building group
or part thereof thereafter erected and having a gross floor area of
4,000 square feet or more, which is to be occupied by manufacturing
or commercial uses or other uses similarly requiring the receipt or
distribution by vehicles of material or merchandise, there shall be
provided and maintained, on the same lot with such building, off-street
loading berths or unloading berths as follows:
(2)
The loading berth required in each instance shall be not less than
12 feet in width, 25 feet in length and 14 feet in height, and may
occupy all or any part of any required yard.
C.
Gasoline service stations.
(1)
Locations of exits and entrances. No gasoline service station or
automobile repair shop shall have an entrance or exit for vehicles
within 300 feet as measured along the public street on which there
exists a school, public playground, church, chapel, convent, hospital,
public library or any residential district. Such access shall be not
closer to any intersection than 30 feet.
(2)
Location of oil drainage pits and hydraulic lifts. All oil drainage
pits and hydraulic lifts shall be located within an enclosed structure
and shall be located no closer than 50 feet to any property line.
(3)
Gasoline pumps. Gasoline service stations shall have their gasoline
pumps, including other service facilities, set back at least 30 feet
from any street line.
Special uses, as enumerated in Schedule I,[1] shall be permitted only upon authorization by the Board
of Appeals, subsequent to review by the Planning Board[2], provided that such uses shall be found by the Board of
Appeals to comply with the following requirements and other applicable
requirements as set forth in this chapter:
A.
The use is a permitted special use as set forth in Schedule I hereof.
B.
The use is so designed, located and proposed to be operated that
the public health, safety, welfare and convenience will be protected.
C.
The use will not cause substantial injury to the value of other property
in the neighborhood where it is to be located.
D.
The use will be compatible with adjoining development and the proposed
character of the zone district where it is to be located.
E.
Adequate landscaping and screening is provided as required herein.
F.
Adequate off-street parking and loading is provided and ingress and
egress is so designed as to cause minimum interference with traffic
on abutting streets.
G.
The use conforms to all applicable regulations governing the district
where located, except as may otherwise be determined for large-scale
developments.
[Added 5-23-1989 by L.L. No. 2-1989]
Adult homes shall be permitted as special uses, subject to the
following requirements:
A.
The special permit shall be reviewed every two years.
B.
Total occupants shall not exceed one for each 1,000 square feet of
lot area.
C.
Said home shall not be located within 600 feet of any other lot on
which another adult home or other similar use is located. Said distance
shall be measured from those points on the periphery of the lots on
which such houses are located or proposed to be located nearest to
each other.
D.
Said home shall conform to and be maintained in harmony with the
overall character and appearance of the surrounding neighborhood.
E.
Said home shall not erect any sign that identifies or advertises
the use or occupancy of the home.
F.
Where residents are permitted to own or operate an automobile, one
off-street parking space shall be provided for each resident for whom
the facility is designed and each employee while on duty, and such
parking shall not be located in any required yard.
G.
Said home shall be registered with the Village Clerk, and the following
information shall be filed and kept up-to-date:
A.
Extractive operations shall not be conducted closer than 300 feet
to the adjacent property. A location map which shows land to be quarried
or mined and the location of adjacent properties, roads and natural
features shall be filed with the Board of Appeals. A plan for the
restoration of the land, including anticipated future use of the restored
land, the proposed final topography indicated by contour lines of
no greater interval than five feet, steps which will be taken to conserve
the topsoil and the location of future roads, drainage courses or
other improvements contemplated shall be submitted to the Board of
Appeals for approval.
B.
Upon approval of the plan, the Board of Appeals shall issue a use
permit for a period of two years. Application for renewal of the permit
shall be made to the Board. The Board of Appeals shall extend the
permit from year to year if it finds that restoration of the landscape
is proceeding at a pace commensurate with the earth-removal operations.
Permitted home occupations operated in any dwelling unit may
be operated only if they comply with all of the following conditions:
A.
Home occupations are permitted within a single dwelling unit, or
in a building or other structure accessory to a dwelling unit, and
only by the person or persons maintaining a dwelling therein, and
not more than three additional persons shall be employed in the home
occupation.
B.
Evidence of use. There shall not be displayed or created outside
the building any evidence of the home occupation, except that one
unanimated, nonilluminated flat or window sign having an area of not
more than 72 square inches shall be permitted on each street front
of the lot on which the building is situated.
C.
Extension of use. Home occupations shall not utilize more than 30%
of the gross floor area of the dwelling unit, except foster-family
care.
D.
Permitted uses include not more than one of the following uses, provided
that such uses are clearly incidental and secondary to the use of
the dwelling unit for residential purposes:
(1)
Medical and dental offices in accordance with provisions for off-street
parking as required herein, with not more than three nonresident assistants.
(2)
Other professional offices, including lawyer, engineer, architect
and similar professions.
(3)
Custom dressmaking, seamstress or milliner.
(4)
Artist or musician.
(5)
Foster-family care [for not more than four children simultaneously].
(6)
Tutoring for not more than one student at a time.
(7)
Similar home occupations as determined by the Board of Appeals to
be compatible with the intent of this section.
E.
Nonresidential employees. Nonresidential employees shall not exceed
three persons. The operator of the home occupation shall be a resident
of the structure.
Signs may be erected and maintained only when in compliance
with the following provisions:
A.
Prohibited signs. The following signs are prohibited:
(1)
Signs which are erected or maintained on trees or painted or drawn
upon rocks or other natural features of the landscape.
(2)
Signs which are structurally unsafe or in disrepair.
(3)
Signs located in such a manner as to obscure or otherwise interfere
with the effectiveness of an official traffic sign, signal or device,
or obstruct or interfere with the effectiveness of or obscure an official
traffic sign, device or signal.
(4)
Freestanding advertising signs located off of the premises where
the business or activity advertised is conducted.
B.
Signs in residential districts. The following types of nonilluminated
signs are permitted in all residential districts as follows:
[Amended 5-23-1989 by L.L. No. 2-1989]
C.
Sign restrictions in nonresidential zones. Signs shall be permitted,
with restrictions, in all nonresidential districts, subject to the
following regulations:
(2)
Lighting and moving parts. Signs which contain moving parts or which
are illuminated by any flashing, intermittent or moving light or lights
are prohibited except those giving public service information, such
as time, date, temperature, weather or similar information.
(3)
Light shielded. Signs which are not effectively shielded so as to
prevent beams or rays of light from being directed at any portion
of the traveled way of an interstate or primary highway and which
are of such intensity or brilliance as to cause glare or to impair
the vision of the driver of any motor vehicle or which otherwise interfere
with any driver's operation of a motor vehicle are prohibited.
(4)
Illumination interference. No sign shall be so illuminated as to
interfere with the effectiveness of or obscure an official traffic
sign, device or signal.
A.
Motels shall have a minimum area of 150 square feet of rentable space
for each unit, exclusive of bathroom facilities.
[Added 11-9-2021 by L.L. No. 5-2021]
A.
No cannabis sales/dispensary establishment or cannabis on-site consumption
establishment shall be located other than in the first-floor story
of any building.
C.
No cannabis sales/dispensary establishment or cannabis on-site consumption
establishment shall be located within 200 feet of the nearest property
line of a place of worship or a public park or playground.
D.
Cannabis products shall not be sold or dispensed from any mobile
facility nor shall any cannabis on-site consumption establishment
be a mobile facility.
E.
Only cannabis products approved by the State of New York shall be
sold, dispensed, or consumed.
F.
No facility shall sell or dispense cannabis products without being
licensed by the State of New York.
G.
Cannabis sales/dispensing and on-site consumption facilities shall
contain a security system approved by the Village Code Enforcement
Officer.
H.
The means of public ingress and egress to and from any cannabis sales/dispensary
establishment or cannabis on-site consumption establishment shall
be directly onto a public street or public sidewalk.
All uses shall comply with the following:
A.
Sound. The volume of sound inherently and recurrently generated shall
be controlled so as not to become a nuisance to adjacent uses.
B.
Vibration. An operation which creates intense earthshaking vibration,
e.g., heavy drop forges and heavy hydraulic surges, shall not be discernible
beyond the property lines of the industry.
C.
Radioactivity. No operation shall be permitted which causes radioactivity in violation of Title 10, Chapter 1, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, dated June 16, 1957, or any subsequent revision or amendments.
D.
Odor. No emission of odorous gas or other odorous matter in such
quantity as to be readily detectable at any point along lot lines
without use of instruments shall be permitted.
E.
Toxic or noxious matter. No discharge beyond lot lines of any toxic
or noxious matter in such quantity as to be detrimental to or endanger
the public health, safety, comfort or welfare or cause injury or damage
to property or business shall be permitted.
F.
Glare. No direct or reflected glare shall be detectable from any
residential zone boundaries.
G.
Heat. No direct or reflected heat shall be detectable from any residential
or commercial zone boundaries.
H.
Dust and fly ash. No solid or liquid particles shall be emitted in
such quantity as to be readily detectable at any point along lot lines
or as to produce a public nuisance or hazard beyond lot lines.
I.
Smoke. No smoke shall be emitted in such quantity as to become a
nuisance.
J.
Open space. A minimum of 25% of the site shall be developed as open
space. Parking areas and vehicle access facilities shall not be considered
in calculating open space.
K.
Public-address system. No public-address system shall be permitted
except where such system is inaudible at any property line or where
expressly permitted by the Village Board.
L.
No final approval shall be granted until all proposals for water
supply and sewage disposal have been approved by the New York State
Department of Health. Copies of the approved plans and specifications
shall be submitted to the appropriate board.
M.
The standards for review of site plans as set forth in this Code
shall apply to all hotel, motel or resort development applications.
N.
No certificate of occupancy shall be issued for any such building
or buildings unless the same conforms in all respects to such site
plan and unless all facilities included in the site plan have been
constructed in accordance therein.
