City of Poughkeepsie, NY Article IV Supplementary Regulations [1]

[1] This article covers a number of items that are applicable to all or substantial portions of the City.

Section 19-4.1 Home occupations.

[Ord. of 4-11-1996, § 3]

(1) Home occupations shall be conducted by members of the family residing on the premises. Not more than two nonresidents shall be employed therein.

(2) Said home occupation shall not occupy more than 25% of the total floor area of the principal building. No home occupation shall be conducted in an accessory building. The provision of this subsection shall not apply to work/live lofts.

(3) In no manner shall the appearance of the building be altered, nor shall the occupation within the residence be conducted in a manner that would cause the premises to lose its residential character, either by the use of colors, materials, construction or lighting. No display of products shall be visible from the street, and no stock in trade shall be kept on the premises.

(4) The home occupation shall not increase the vehicular traffic flow by more than one additional vehicle per hour and shall not involve the use of commercial vehicles for delivery of materials to and from the premises.

(5) No home occupation shall create noise, dust, vibration, odor, smoke, electrical interference, fire hazard or any other nuisance that is perceptible beyond the lot lines.

(6) Home occupations shall in no event be deemed to include: animal hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, dancing schools, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes, rooming houses or boardinghouses and uses similar to those listed above.

Section 19-4.2 Professional offices in residences.

Professional offices in dwellings in R-1, R-2, R-3 or R-4 Residence Districts shall comply with the following:

(1) Said office shall be limited to one professional who shall reside on the premises and not more than two nonresident assistants.

(2) Said office shall be incidental and subordinate to the residential use of the building and shall not occupy more than 25% of the total floor area of the principal building. No office shall be located in an accessory building.

(3) In no manner shall the appearance of the building be altered, nor shall the office within the residence be conducted in a manner that would cause the premises to lose its residential character, either by use of colors, materials, construction or lighting.

(4) No professional office shall create noise, dust, vibration, odor, smoke, electrical interference, fire hazard or any other nuisance that is perceptible beyond the lot lines.

Section 19-4.3 Off-street parking and loading.

[Ord. of 6-17-1985, § 1; Ord. of 6-20-1988, § 1; Ord. of 8-1-1988, § 1; Ord. of 3-20-1989, § 1; Ord. of 9-5-1995, § 3; Ord. of 10-16-1995, § 3; Ord. of 4-11-1996, § 4; Ord. of 6-20-1996, § 1; Ord. of 7-11-1996, § 1]

(1) Off-street parking. Whenever a parking area containing three or more spaces faces a street or a property line, a planting area of a minimum width of three feet with plantings at least three feet high planted three feet on center shall be provided between the parking area and the street line or property line. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review. Further, not more than 12 parking spaces shall be permitted in a continuous row, and not more than 24 spaces shall be permitted in a single parking area without being interrupted by landscaping approved by the Planning Board.

(2) Screening. Where a parking area for three or more vehicles abuts a residential property, it shall be screened from view by landscaping, opaque fence or wall or other means approved by the Planning Board.

(3) Two or more uses on same lot. Except as specified in Section 19-4.3(4), where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements, if any, for each individual use on the lot.

(4) Joint use of parking areas. In the case of two or more establishments on the same lot or on contiguous lots, the Planning Board may approve the joint use of parking areas with a total capacity of not less than 50% of the sum of the spaces required for cars and using the same driveways giving access thereto, provided that the same Board finds that the proposed capacity will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments. Joint use of parking areas shall be subject to the following requirements:

(a) If a use is enlarged or changed, the Planning Board shall have the discretion to require full compliance for each separate use upon finding that conditions justifying joint use no longer exist.

(b) Such area shall be sufficient to provide the total number of parking and loading units required collectively of the participating owners.

(c) (Reserved)

(d) Upon finding that the foregoing conditions have been met and where the joint parking facility adjoins or straddles a joint lot line, the Planning Board may, for the period covered by such agreement and bond, temporarily waive the requirements for side yards.

(5) Layout and location of off-street parking facilities.

(a) The plans for new building or enlargement of floor area in an existing building or conversion to additional dwelling units shall show specifically the location and size of the off-street parking facilities required to comply with any applicable requirements hereof and the means of access to such space from the public streets or highways.

Access shall consist of at least one fifteen-foot wide lane for parking areas with fewer than 20 spaces and at least two ten-foot wide lanes for parking areas with more than 20 spaces.

No entrance or exit to any off-street parking area with a capacity of more than four spaces shall be located within 50 feet of any street intersection, nor exceed a grade in excess of 6% within 25 feet of any street line nor 10% at any other point. All points of ingress or egress shall be appropriately signed unless such signing is considered unnecessary by the Planning Board.

Where the topography of a site is such that a potential safety hazard for parked vehicles exists, the Planning Board may require barriers or other safety devices to be incorporated into the design of the parking area.

(b) Each required space, exclusive of drives and aisles, shall be not less than 20 feet long nor less than nine feet wide and shall be served by an aisle between rows of parking spaces of not less than 22 feet wide. Notwithstanding the requirements of the preceding sentence, up to 33% of the required spaces in a structured parking facility of two or more levels, containing 100 or more spaces, or in an at-grade surface parking lot, containing 185 or more spaces, may be not less than eight feet four inches wide, and all of the spaces in such facility or at-grade surface parking lot may be not less than 18 feet long, exclusive of drives and aisles, provided that they are served by an aisle between rows of parking spaces of not less than 22 feet wide. The minimum aisle space may be reduced for angle parking, but in no case shall the aisle space be less than 16 feet. All spaces shall be clearly marked. Except as may be otherwise provided, required off-street parking facilities may be enclosed in a structure or may be located in the open, provided that such required parking facilities be graded, surface drained and maintained to the extent necessary to avoid nuisances of dust, erosion or excessive water from across public ways or paved with asphalt, oil and chip or other material that is equivalent in durability. Upon a determination by the Planning Board that the required number of parking spaces would be greatly in excess of the need of a particular use on a given lot, said Board may waive the requirement that such spaces be resurfaced to the extent that it may deem the number required to exceed the actual need.

(c) Off-street parking areas shall be adequately illuminated for convenience and safety, but no lighting for parking areas shall cause glare on adjoining property.

(6) Location and ownership of required accessory parking facilities. Required access parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or anywhere within 600 feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which they are located. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, filed with the County Clerk, binding the owner or his heirs and assigns to maintain the required number of spaces available either (a) throughout the existence of the use to which they are accessory, or (b) until such spaces are provided elsewhere. Required off-street parking facilities which, after development, are dedicated to and accepted by the city, shall be deemed to continue to serve the uses for which they were originally provided.

(7) Connections between abutting parking areas. Where appropriate, the Planning Board may require paved connections between abutting parking areas in different ownerships, so as to facilitate the flow of traffic.

(8) Operation and maintenance of off-street parking facilities. Required off-street parking facilities shall be maintained throughout the life of any use or structure which said facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times for the use of those persons who are employed at or making use of such structures and uses, except when dedicated to, and accepted by, the public as public parking areas.

(9) Waiver of parking requirements. All or portions of the off-street parking requirement may be waived by the Planning Board, provided that:

(a) The proposed use is within 600 feet of a municipally operated off-street parking facility or privately owned parking area.

(b) The Planning Board shall, at the time of its approval of a site development plan, certify on such plan that the municipally operated off-street parking facility or, in the case where nearby private parking area is to be utilized, the private parking facility has adequate capacity for storage of passenger vehicles generated by activities proposed to be conducted on the subject lot in addition to those generated by any other lots already serviced by such off-street parking facility. In determining the existence of such adequate capacity, the Planning Board shall consider the need for preventing frequent parking on the street by persons visiting or connected with each use which is proposed to be served by such off-street municipal or private parking facility.

(c) Where a private parking facility is to be utilized, the applicant shall provide assurance that such facility will be available for the life of the proposed use.

(10) Effect of parking requirements on existing uses.

(a) General provisions. Except as otherwise provided in Subsection (10)(b), structures and land uses in existence or for which building permits shall have been approved as of the effective date of this Chapter, shall not be subject to the requirements for off-street parking spaces set forth in this Chapter, provided that any parking facilities now existing and serving such structures or uses shall not in the future be reduced, except to the extent that they exceed such requirements. In the event that it is proposed to expand any use not now meeting the parking requirements, the applicant shall be required to provide additional facilities so that the use, as expanded, shall meet fully all parking requirements.

(b) 

Special provisions for commercial use of existing buildings in the W Zone. Where the owner of an existing or proposed commercial use, reuse, expansion of use or change of use in the W Zone is unable to meet part or all of the parking requirements otherwise imposed under the provisions of this Chapter on the lot on which the existing building is located, then no additional parking or loading spaces shall be required beyond those which the owner is able to provide on the lot, provided that:

(1) The use to be served by the parking is housed in a building constructed prior to the effective date of this amendment, to wit July 11, 1996;

(2) The provisions of this Subsection (10)(b) shall apply only to the use or reuse floor space existing as of July 11, 1996, together with additional floor space of up to a maximum of 600 square feet. Additions exceeding 600 square feet must meet the parking requirements otherwise imposed under the provisions of this Chapter; and

(3) The use to be served by the parking is one of the following commercial uses:

(a) Eligible uses permitted by right:

(1) Public or private marinas and parks and refreshment and service buildings accessory thereto.

(2) Small boat construction and repair.

(3) Boat charters.

(4) Retail stores, under the standards of Section 19-3.34.

(5) Libraries, museums, art or antique galleries.

(6) Arts and crafts studios or studios for teaching or practicing performing arts.

(7) Standard restaurants, under the standards of Section 19-3.34.

(b) Eligible uses subject to issuance of a special permit by the Planning Board in accordance with the requirements of Section 19-6.2 of this Chapter.

(1) Warehouse and fully enclosed storage, meeting the standards of Section 19-3.34.

(2) Light manufacturing, processing and assembly activities meeting the standards of Section 19-3.34.

(3) Buildings with mixed uses, meeting the standards of Section 19-3.34.

(4) The provisions of this Subsection (10)(b) shall not apply to any residential uses. If a mixed-use development is proposed, only the eligible elements of the reuse plan shall qualify for treatment under this Subsection (10)(b), and all noneligible elements, both residential and commercial, must meet the parking required under Subsection (10)(a).

(5) The owner shall allocate any available land, located on the same lot as the building to provide parking and to fulfill parking landscape requirements outlined in this Chapter, up to the maximum amount of parking and landscaping otherwise imposed under the provisions of this Chapter. In a mixed-use project, parking shall be first allocated to serve any residential component of the site plan, and the remainder of any available parking shall be allocated to serve the commercial uses on the site which are eligible for treatment under Subsection (10)(b). In no event shall any off-street parking already located on the same lot as the building, be reduced or diminished, except to the extent that is may exceed the requirements otherwise imposed under the provisions of this Chapter, unless such reduction is required by the Planning Board to improve safe ingress and egress, proper traffic circulation within the site, or other site plan considerations. The Planning Board, as part of its site plan approval, shall determine the extent to which the owner is unable to provide the required parking, and the extent to which land is available for parking as required herein.

(11) Parking space ratios.

(a) Residential and related uses:

	Use	Minimum Parking
	One- or two-family residences	2 spaces per dwelling unit
	Multifamily dwelling	1 space for each studio or efficiency apartment; 1.5 spaces for each 1-bedroom apartment; 2.0 spaces for each 2-bedroom or larger apartment; for dwellings designed to be occupied at least 90% by persons 62 years of age or older, 0.5 spaces per apartment, plus an additional 10% of the total required spaces for visitor parking in all cases
	Churches and places of worship	1 space per 4 seats
	Elementary or junior high schools	1.25 spaces per staff member
	High school	1 space per staff member, plus 1 space for every 5 seats in the largest assembly hall
	Colleges and universities	1 space per staff member, plus 0.75 spaces per student, plus 1 space for every 5 seats in the largest assembly hall
	Day-care center, nursery school	1 space per staff member, plus 1 space for each classroom
	Museum, art gallery, library or cultural center	1 space per 300 square feet of gross floor area
	Golf, swimming or country club	1 space per member or member family
	Membership clubs, lodges	1 space per 5 members or 1 space for every 4 seats in the largest assembly hall or meeting area or 1 space per 100 square feet of space in the largest meeting room, whichever is greater
	Community center	1 space per 300 square feet of gross floor area
	Hospital	1.5 spaces per each patient bed
	Convalescent home, skilled nursing home, proprietary home for adults	1 space per 3 beds, plus 1 space for each staff member on the largest shift
	Kennel, animal hospital	1.25 spaces per employee or 1 space for each 200 square feet of gross floor area, whichever is greater
	Group home or agency community residence	1 space per full-time staff member, plus 1 space for every 3 resident children or 1 space for each adult in facilities where residents may drive
	Rooming or boarding house	1 space per roomer and/or boarder plus 1 space for each employee.
	Work/live loft	1 space per loft

(b) Commercial and office uses:

	Use	Minimum Parking
	Professional office in a residence	3 spaces per office, in addition to that required for the residential use
	Home occupation	2 spaces in addition to that which is required for the residential use
	Office building, other than medical or dental offices	1 space per 300 square feet of gross floor area
	Medical or dental offices	4 spaces per doctor or dentist, plus 1 space for every 2 employees
	Theater	1 space per 3 seats or 1 space for each 100 square feet of gross floor area, whichever is greater
	Conference center, training facility	1 space per 4 seats in the largest assembly hall or meeting area, plus 1 space for every 4 seats in classroom facilities
	Bank, post office	3 spaces per teller or service window
	Hotel, motel	1.25 spaces per rental unit
	Retail sales and personal service establishment	1 space for each 300 square feet of gross floor area
	Restaurants (standard)	1 space per 3 seats or 1 space for each 100 square feet of gross floor area, whichever is greater
	Fast-food restaurant	1 space per 3 seats or 1 space for each 75 square feet of floor area, whichever is greater
	Drive-in food establishments (donut shops, ice cream, etc.)	1 space per 50 square feet of gross floor area
	Drinking establishments; discotheques	1 space per 1.5 persons permitted under maximum occupancy or 1 space for each 100 square feet of gross floor area, whichever is greater
	Bowling alleys	4 spaces per alley
	Indoor and outdoor tennis facilities	5 spaces per court
	Racquetball facilities and similar court games	2.5 spaces per court
	Dry cleaning or hand laundry	1 space for each 300 square feet of gross floor area
	Funeral home	1 space for every 3 seats provided therein or 1 space for each 60 square feet of space available for public use, whichever is greater
	Laundromat	1 space per 2 washing machines
	Marina	2 spaces per boat-slip, in addition to that required for any commercial use associated with said marina

(c) Industrial and heavy commercial uses:

	Use	Minimum Parking
	Light manufacturing	1 space for each 400 square feet of gross floor area or 1 space per employee, based on the number of employees during the largest shift, whichever is greater
	Lumber and building equipment sales and storage	1.25 spaces per employee
	Wholesale, storage and warehousing	1 space for each 1,000 square feet of gross floor area or 1 space for each employee on the largest shift, whichever is greater
	Printing plant	1 space for each 400 square feet of gross floor area
	Car wash	1 space for each employee (excluding storage lanes)
	Motor vehicle sales	10 spaces or 1 space per 300 square feet of sales area, whichever is greater
	Gas stations	1 space for each 100 square feet of gross floor area
	Outdoor industrial uses (coal, coke, fuel oil, junk yards, etc.)	10 spaces or 1 space for each 5,000 square feet of gross floor area, whichever is greater
	Automobile repair shops	3 spaces for each work bay or 1 space per 300 square feet of gross floor area, whichever is greater, and 1 space for every 2 employees
	Miniwarehouse	1 space for every 3 storage units, plus 1 space for each 300 square feet of gross floor area of office space associated with the use, plus 1 space per employee, and if there is a resident manager, then 2 additional spaces for the resident manager

(d) All other uses not mentioned or variations of above uses: as determined by Planning Board to be needed to prevent frequent parking on the street. Where the Planning Board determines the number of parking spaces, the decision of said Board shall be based upon (1) standards set forth herein for uses with similar characteristics, and (2) previous experience with similar uses.

(12) Off-street loading facilities.

(a) Required off-street loading facilities shall be required in the following ratio:

			Gross Floor Area or Major Fraction Thereof (in 1,000s)
			1 Berth	2 Berth	+1 Berth for each Additional
	1.	Office, research and development	50	100	100
	2.	Retail, personal service and restaurants	25	100	25
	3.	Manufacturing, printing	10	20	40
	4.	Wholesale and distribution	5	10	20
	5.	Public institutional	10	50	50
	6.	Other uses not mentioned	As determined by the Planning Board

	Where the Planning Board determines the number of loading berths, the decision of said Board shall be based upon (1) the standard set forth herein for uses with similar characteristics, and (2) previous experience with similar uses.
	Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these loading requirements.

(b) Size of spaces. Each required loading berth shall be at least 15 feet wide, 45 feet long and 14 feet high.

(c) Location and access. Said loading berths may be provided in the principal building or in any side or rear yards. No off-street loading berth shall be located in any front yard. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with the access driveway to a parking lot, provided that said driveway has a minimum width of 25 feet. All loading berths shall be on the same lot as the use to which they are accessory, except as provided in Section 19-4.3(12)(d) below.

No entrance or exit for any loading area shall be located within 50 feet of any street intersection.

(d) Joint facilities. Required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two (2) or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the aggregate of all such requirements, and provided further that the conditions enumerated in Section 19-4.3(4)(c) of this Chapter are met.

(13) Partial deferral of parking requirements. The Planning Board may grant a partial deferral of the parking requirements otherwise imposed by any section of this Chapter of not more than 25% of such requirement, provided that the following conditions exist:

(a) The Planning Board determines that the lesser parking will satisfy the intent of this Chapter;

(b) The proposed use is either commercial or industrial;

(c) The amount of parking otherwise required by this Chapter is not in excess of 125 parking spaces;

(d) The site plan must provide for the later provision of the deferred parking requirements and provide a landscape plan for all such undeveloped space to be maintained as such until development of deferred parking;

(e) Written guarantees satisfactory to the Corporation Counsel of the City of Poughkeepsie are submitted by the applicant to guarantee the eventual improvement of any such deferred parking space; and

(f) The development of deferred parking spaces must be completed in accordance with the approved site plan within six months of the date of written notice to the property owner by the Zoning Administrator.

Section 19-4.4 Off-street storage of recreation vehicles and commercial vehicles.

(1) Trailers, recreation vehicles and boats. The outdoor storage and parking and use of a trailer or recreation vehicle by any person or persons is hereby prohibited in all districts, except that:

(a) Not more than one camping trailer or recreation vehicle per dwelling unit may be stored, but not used for any purpose, on a lot in any residence district, provided that such lot is occupied by a dwelling, and provided further that such trailer or recreation vehicle is not stored in the front yard. If stored in a side or rear yard, said trailer or recreation vehicle shall be screened from view from adjoining properties by a fence or landscape screen of at least six feet in height.

(b) Not more than one boat per dwelling unit may be stored on a lot in any residence district, provided that such lot is occupied by a dwelling, and provided further that such boat is not stored in the front yard. If stored in a rear or side yard, said boat shall be screened from view from adjoining properties by a fence or landscape screen of at least six feet in height.

(c) Where a building permit has been issued for the construction or alteration of a building, the Building Inspector may issue a temporary permit for one or more trailers, for a period not to exceed one year. The number of trailers shall be limited to that which the Building Inspector shall deem to be necessary in each case. Said temporary permit may be extended for additional successive periods of six months each, if the Building Inspector finds that construction has been diligently pursued and that justifiable circumstances require such an extension.

(d) During the period immediately following an emergency or disaster, the Building Inspector may issue a temporary permit for one or more trailers for a period not to exceed one year. The number of such trailers shall be limited to one per affected household or business, unless additional temporary trailers are authorized by the Planning Board as a special permit. Said temporary permit may be extended for additional successive periods of six months each, if the Building Inspector finds that construction has been diligently pursued and that justifiable circumstances require such an extension.

(2) Storage of commercial vehicles in residential districts. The outdoor storage of a commercial vehicle for more than two nights in an R-1, R-2, R-3 or PRD District is prohibited.

Section 19-4.5 Historic District and Landmarks Preservation Commission.

[Ord. of 6-17-1999, § 1; Ord. of 6-17-1999, § 2; Ord. No. 12-06, 7-2-2012; amended by Ord. No. O-14-2002, 4-7-2014, § 1; Ord. No. O-17-2, 3-6-2017; 2-7-2022 by L.L. No. 6-2021]

(1) Definitions.

ALTERATION

Change or modification of an improvement on a landmark site or of an improvement parcel located within a historic district, including, but not limited to:

(a) Exterior changes to or modifications of structure, architectural details or visual characteristics such as paint color and surface texture;

(b) Grading or surface paving;

(c) Construction of new structures;

(d) Cutting or removal of trees and other natural features;

(e) Disturbance of archaeological sites or areas; and

(f) The placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories that affect the exterior visual qualities of the improvement parcel.

BUILDING

A building, such as a house, barn, hotel or similar construction, which is created principally to shelter any form of human activity. Building may also be used to refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn.

CERTIFICATE OF APPROPRIATENESS

A certificate issued by the Commission indicating its approval of plans for alteration, construction, removal, or demolition of a landmark, an improvement on a landmark site or an improvement located within an historic district.

COMMISSION

The Historic Preservation Commission created pursuant to this section.

COMPATIBLE

Capable of existing together in harmony (harmonious, consistent).

CONTRIBUTING PROPERTY IN A HISTORIC DISTRICT

Includes any building, other structure or site that, by age, location, design, setting, materials, workmanship or association, adds to the district's sense of time and place and historical development or is capable of yielding important information about a historically significant period.

DEMOLITION

Any act or process that destroys in part or in whole any exterior improvement or landscape feature of a historic landmark or within a historic district.

EXTERIOR ARCHITECTURAL FEATURE

The architectural style, design, general arrangement and components of all of the outer surfaces of an improvement, as distinguished from the interior surfaces enclosed by said exterior features, including, but not limited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement.

HISTORIC DISTRICT

A geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. In addition, historic districts consist of contributing and noncontributing properties. Objects, structures, buildings and sites within a historic district are usually thematically linked by architectural style or designer, date of development, distinctive urban plan, and/or historic associations.

IMPROVEMENT

Any structure, building, fixture, object or feature which, in whole or in part, constitutes an exterior or public interior betterment of any real property.

LANDMARK

A building, district, site, structure, or object significant in American history, architecture, engineering, archaeology or culture at the national, state, or local level.

NONCONTRIBUTING PROPERTY IN A HISTORIC DISTRICT

Includes any building, other structure or site that does not add to the district's sense of time and place and historical development; or one where the location, design, setting, materials, workmanship or association have been so altered or have so deteriorated that the overall integrity of the building, structure, or site has been irretrievably lost. Although changes to a noncontributing property may not have historical significance, they may affect the historic integrity of the district as a whole.

OBJECT

The term "object" is used to distinguish from buildings and structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Examples include boundary markers, mileposts, boats, fountains, monuments, and sculpture.

ORDINARY REPAIRS AND MAINTENANCE

Replacement of any part of an improvement for which a permit issued by the Building Department is not required by law, where the purpose and effect of such work or replacement is to correct any deterioration or decay of or damage to such improvement or any part thereof and to restore same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage.

OWNER

Any person or persons having such right to, title or interest in any improvement so as to be legally entitled upon obtaining the required permits and approvals from the City agencies having jurisdiction over building construction, reconstruction, alteration or other work as to which such person seeks the authorization or approval of the Commission pursuant to this chapter.

REMOVAL

Any relocation of an improvement and/or landscape feature on its site or to another site.

SITE

A geographic location of historic significance not necessarily containing a building. Examples of a site are a battlefield, designed landscape, landscape feature, trail, cemetery, or camp site.

STRUCTURE

The term "structure" is used to distinguish from buildings those functional constructions made for purposes other than creating human shelter. Examples would include bridges, piers, clocks, lighthouses, bandstands, gazebos, water towers, tunnels, and civil engineering structures such as a canal.

(2) Purpose. It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the economic, cultural, educational, and general welfare of the public. Inasmuch as the identity of a people is founded on its past and inasmuch as the City of Poughkeepsie has many significant historic, architectural and cultural resources which constitute its heritage, this section is intended to:

(a) Protect and enhance the landmarks and historic districts, which represent distinctive elements of the City of Poughkeepsie's historic, architectural, and cultural heritage;

(b) Foster civic pride in the accomplishments of the past;

(c) Protect and enhance the City of Poughkeepsie's attractiveness to visitors and the support and stimulus to the economy thereby provided;

(d) Ensure the harmonious, orderly, and efficient growth and development of the City of Poughkeepsie; and

(e) Stabilize and improve property values.

(3) Historic Preservation Commission. There is hereby created a commission to be known as the "City of Poughkeepsie Historic District and Landmark Preservation Commission."

(a) The Commission shall consist of seven members to be appointed, to the extent available in the community, by the Mayor as follows:

1. At least one shall be an architect experienced in working with historic buildings;

2. At least one shall be a historian;

3. At least three members shall reside in historic districts or historic landmarks;

4. At least one shall have demonstrated significant interest in and commitment to the field of historic preservation evidenced either by involvement in a local historic preservation group, employment or volunteer activity in the field of historic preservation, or other serious interest in the field; and

5. All members shall have a known interest in historic preservation and architectural development within the City of Poughkeepsie.

(b) Commission members shall serve for a term of four years, with the exception of the initial term of one of the members, which shall be one year, one which shall be two years, and one which shall be three years.

1. The Mayor shall act within 60 days to fill a vacancy, including expired terms. A member whose term has expired shall serve until the Mayor appoints a successor;

2. Any Commission member missing three consecutive meetings shall automatically forfeit his or her appointment, and as such, a vacancy shall automatically be created. Further, any member missing four meetings in a calendar year, except for major illness, shall forfeit his or her appointment, creating a vacancy.

(c) The Chairman and Vice Chairman of the Commission shall be elected by and from among the members of the Commission.

(d) The powers of the Commission shall include:

1. Employment of staff and professional consultants to assist the Commission in carrying out its duties, within the budget provided by the City;

2. Promulgation of rules and regulations as necessary to carry out the duties of the Commission;

3. Adoption of criteria for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts;

4. Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the City;

5. Recommending designation of identified structures or resources as landmarks and historic districts;

6. Recommendation to the Common Council of the donation of facade easements and development rights and the making of recommendations to the City government concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of this section;

7. Increasing public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs;

8. Making recommendations to City government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the City;

9. Recommending acquisition of a landmark structure by the City government where its preservation is essential to the purposes of this section and where private preservation is not feasible;

10. Approval, approval with modifications or disapproval of certificates of appropriateness pursuant to this section; and

11. Deciding hardship pursuant to this section.

(e) The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two Commission members or on the call of the Chairman or the Mayor.

(f) A quorum for the transaction of business shall consist of a majority of the Commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness or recommend landmarks or historic districts.

(g) The Commission shall publish an annual report by December 31 of each calendar year that lists the properties or districts newly designated on the local, state, or national historic registries, as well as any properties on the adopted historic resource inventory that have been lost to demolition or that are undergoing demolition by neglect, as well as other findings or Commission activities it deems pertinent to an annual report. This report shall be circulated to the Mayor, the Common Council, the Planning Board, and the Building Inspector and shall be published on the City website.

(h) The Commission shall submit a historic resource inventory to the Common Council for consideration and adoption every 10th year, commencing in the year 2022. The historic resource inventory shall be based on a reconnaissance survey that enumerates the existing and new historic resources that have reached an age threshold of at least 50 years that are designated or eligible for historic designation. The Common Council shall appropriate funds for the hiring of a qualified expert to conduct the reconnaissance survey. The expert must meet the 36 CFR 61 professional qualifications established by the National Park Service and who is chosen by the City and the Commission based on the following competencies:

1. Experience in preparing historic resource surveys;

2. Knowledge of architectural styles;

3. Experience working with certified local government programs in New York State;

4. Knowledge of the architectural history of the City of Poughkeepsie and surrounding area;

5. Experience working with municipalities in landmarking and/or the creation of historic property designations;

6. Ability to present an end product for ready public access.

The Common Council shall hold a public hearing on and adopt by majority vote the historic resource inventory within 120 days of its submission by the Commission to the Common Council. All property owners of properties listed on the historic resource inventory shall be notified of their property's appearance on the historic resource inventory by mail by the City Chamberlain to the most recent known address no fewer than 15 days prior to the public hearing.

(4) Designation of landmarks or historic districts.

(a) The Commission may designate a building, object, structure, or site as a landmark if it:

1. Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation; or

2. Is identified with historic personages; or

3. Embodies the distinguishing characteristics of an architectural style; or

4. Is the work of a designer whose work has significantly influenced an age; or

5. Because of unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.

(b) The Commission may designate a group of properties as an historic district if it:

1. Contains properties which meet one or more of the criteria for designation of a landmark; and

2. By reason of possessing such qualities, it constitutes a distinct section of the City.

(c) The boundaries of each historic district and each individual landmark designated henceforth shall be specified in detail and shall be filed, in writing, with the Building Department for public inspection.

(d) Notice of a proposed designation shall be sent by regular mail to the owner of the property proposed for designation or the property upon which the landmark sits, describing the property and/or proposed landmark under consideration for designation and announcing a public hearing by the Commission to consider the designation. Once the Commission has issued notice of a proposed designation, no building permits shall be issued by the Building Inspector until the Commission has made its decision.

(e) The Commission shall hold a public hearing prior to designation of any landmark or historic district. The Commission, the applicant, owners and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural, or cultural importance of the proposed landmark or historic district. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing.

(f) The Commission shall approve, approve with modifications or deny the application within 45 days of the public hearing, except that the Commission may agree with the owners, in writing, to extend the time period within which a designation will be made.

(g) An application recommended for approval shall be forwarded to the Common Council for their consideration. The Common Council shall hold a public hearing prior to the designation of any landmark or historic district. Such public hearing shall occur within 60 days from receipt of the approved application from the Commission. Notice of the hearing shall be sent by regular mail to the owner of the property proposed for designation. No building permits shall be issued by the Building Inspector until the Common Council has made its decision. The same criteria for designation shall be used by the Common Council and the Commission. The Common Council shall approve or disapprove the designation within 75 days from receipt of the approved application from the Commission.

(h) The City Chamberlain shall forward notice of each designated building, object, site, structure, or district and the boundaries of each to the office of the Dutchess County Clerk for recordation.

(5) Certificate of appropriateness for alteration, demolition or new construction affecting landmarks or historic districts. No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a landmark or property within an historic district, nor shall any person make any material change in the appearance of such property or landmark, its light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements which affect the appearance and cohesiveness of the landmark or historic district, without first obtaining a certificate of appropriateness from the Commission. The Building Department shall review all applications for building permits to determine if a property is a locally designated landmark or in a local historic district and shall refer all such properties to the Commission to obtain a certificate of appropriateness prior to issuance of a building permit for any of the actions listed above.

(6) Criteria for approval of certificate of appropriateness.

(a) In passing upon an application for a certificate of appropriateness, the Commission shall not consider changes to interior spaces, unless they are open to the public. The Commission's decision shall be guided by the Secretary of the Interior's Standards for Rehabilitation and based on the following principles:

1. Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible;

2. Any alteration of existing properties shall be compatible with their historic character, as well as with the surrounding district; and

3. New construction shall be compatible with the district in which it is located.

(b) In applying the principle of compatibility, the Commission shall consider the following factors:

1. The general design, character and appropriateness to the property of the proposed alteration or new construction;

2. The scale of the proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood;

3. Texture, materials, and color and their relation to similar features of other properties in the neighborhood;

4. Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof, shape, and the rhythm of spacing of properties on streets, including setback; and

5. The importance of historic, architectural or other features to the significance of the property.

(c) Actions requiring approvals of both the Historic District and Landmark Preservation Commission and the Planning Board.

1. Any development that requires both approval from the Planning Board and a certificate of appropriateness is required to first make application to and receive from, the Commission a certificate of appropriateness. For developments that are subject to review under the State Environmental Quality Review Act (SEQRA), the SEQRA process must be completed before the Commission may issue a certificate of appropriateness.

(7) Certificate of appropriateness application procedure.

(a) Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for a building permit as necessary along with an application for a certificate of appropriateness on a form as approved by the Building Inspector and shall contain, at a minimum, the following:

1. Name, address and telephone number of applicant;

2. Location and photographs of property;

3. Elevation drawings of proposed changes, if available;

4. Perspective drawings, including relationship to adjacent properties, if available;

5. Samples of color or materials to be used;

6. Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the sign's location on the property; and

7. Any other information which the Commission may deem necessary in order to visualize the proposed work.

(b) No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Commission. The certificate of appropriateness required by this section shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of Poughkeepsie.

(c) The Commission shall approve, deny or approve the certificate of appropriateness with modifications within 45 days after receiving the completed application from the Building Department. The Commission may hold a public hearing on the application at which an opportunity will be provided for proponents and opponents of the application to present their views.

(d) All decisions of the Commission shall be in writing. A copy shall be provided to the applicant and a copy filed with the Building Department for public inspection. The Commission's decision shall state the reasons for denying or modifying the application.

(e) Certificates of appropriateness shall be valid for a concurrent period of time with the building permit required to complete the work approved by the certificate of appropriateness or for one year if no building permit is required.

(8) Early design guidance.

(a) Large projects, as defined below, could potentially have a significant impact on an individual landmark or historic district. For this reason, large projects are required to participate in the early design guidance process. The purpose of this process is to provide input from the Commission on the design of the project as it relates to criteria for the approval of a certificate of appropriateness at a time when such input may readily be incorporated into the design without adversely affecting design costs or the project schedule.

(b) For the purposes of this chapter, large projects are defined as:

1. New construction in an historic district of any primary structure, or

2. New construction of any accessory structure with a gross square footage of 800 square feet or more in an historic district, or new construction of any accessory structure with a gross square footage of 800 square feet or more on the same tax parcel as an individual landmark, or new construction of any accessory structure with a gross square footage of 800 square feet or more when the proposed accessory structure will be located within 150 feet of the individual landmark, or

3. New additions that will increase the existing footprint of an individual landmark or a structure located within an historic district by 50% or more, or

4. Any renovation or reconstruction (excluding projects that involve only the replacement of roof coverings) that will affect 50% or more of the exterior envelope of an individual landmarks or a structure located within an historic district.

(c) Applicants subject to early design guidance shall submit materials for review by the Commission as soon as the design has reached a stage of development that would allow the Commission to understand the basic proposal and its significant details.

(d) Based on the information provided, the Commission will provide written general feedback and nonbinding recommendations and comments that might help the applicant further refine the project prior to submitting an application for a certificate of appropriateness.

(e) The Commission shall circulate the written recommendations and comments from early design guidance to the Chamberlain who will then circulate such document to the Planning Department, Planning Board Chair, Common Council Chair, and Corporation Counsel.

(9) Certificate of economic hardship.

(a) Relief where a certificate of appropriateness is denied. An applicant whose certificate of appropriateness has been denied or approved with conditions that the applicant finds unacceptable may apply for a certificate of economic hardship for the purposes of obtaining relief from the strict application of this chapter.

(b) Application form. Application for a certificate of economic hardship shall be made on a form prepared by the Commission.

(c) The Commission shall schedule a public hearing concerning the application, and any person may testify at the hearing concerning economic hardship. The Commission may solicit expert testimony or request that the applicant for a certificate of economic hardship make submissions concerning any or all of the following information before it makes a determination on the application:

1. Estimate of the cost of the proposed construction, alteration, demolition, or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the Commission for changes necessary for the issuance of a certificate of appropriateness;

2. A report from a licensed architect or engineer with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

3. The estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition, or removal; after any changes recommended by the Commission; and in the case of a proposed demolition, after renovation of the existing property for continued use;

4. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property;

5. Amount paid for the property upon which the landmark exists, the date of purchase, and the party from whom was purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased and any items of financing between the seller and buyer;

6. If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

7. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;

8. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property;

9. Any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two years;

10. Assessed value of the property according to the two most-recent assessments;

11. Real estate taxes for the previous two years;

12. Form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture, or other;

13. Any other information, including the income tax bracket of the owner, applicant, or principal investors of the property, considered necessary by the Commission to make a determination as to whether the property does yield a reasonable return to the owners.

(d) Proof required. In order to prove the existence of economic hardship, the applicant must establish that unless the proposed work is accomplished, the property will be incapable of earning a reasonable return or of being put to reasonable use.

(e) In the case of a proposal to remove or demolish a landmark or structure within an historic district, the applicant must additionally prove that:

1. The property cannot be adapted for any other use, whether by the current owner or a purchase, which would result in reasonable return; and

2. Reasonable efforts to find a purchaser interested in acquiring the property for rehabilitation and preservation have been made and failed.

(10) Determination by the Commission.

(a) Hardship not proven. If hardship is not proven, the Commission shall deny the application and notify the applicant, in writing, of the final denial, and a copy shall be filed with the Building Department for public inspection.

(b) Hardship proven. If the Commission finds that economic hardship has been proven, relief shall be provided in one of the following ways:

1. The Commission may relax the strict application of the criteria concerning certificates of appropriateness sufficiently to relieve the hardship. In this case, the Commission shall issue a certificate of appropriateness, with conditions as necessary. The Commission shall approve only such work as is necessary to alleviate the hardship.

2. The Commission may investigate plans and make recommendations to the Common Council for City actions which, if taken, will allow for a reasonable use of or reasonable return from the subject property or will otherwise preserve the property without hardship to the owner.

(c) If neither Subsection (10)(b)1 nor 2 resolves the issue, the Commission may issue a certificate of economic hardship allowing the work to proceed as proposed.

(11) Demolition review.

(a) The purpose of this section is to establish a procedure for reviewing requests to demolish building(s) or structure(s) designated on the State and/or National Register of Historic places or listed on the adopted City of Poughkeepsie Historic Resource Inventory as potentially eligible for designation at the local, state and/or national level. Before any building permit is granted, such building(s) or structure(s) proposed for demolition will first be reviewed to determine whether the property shall be recommended by the commission for designation as a local landmark.

(b) Said inventory heretofore mentioned and on file in the Development Department was prepared pursuant to a memorandum of agreement between the city, the State Historic Preservation office (SHPO) and the federal Advisory Council on Historic Preservation. Said inventory may be amended to include additional building(s) or structure(s) and said amendments shall be filed in the Development Department and shall be subject to the provisions of this article. Amendments may be initiated by the commission or the property owner following submittal of a historic determination application documenting the significance of the resource. The commission shall determine whether or not the property will be added to the inventory based on the criteria of historic significance listed in Section 19-4.5, Section 4(a).

(c) Procedure for demolition review:

1. Whenever an application is filed with the appropriate City department for a demolition permit of any building or structure, said City department shall review the property to determine if it is on the State and/or National Register of Historic Places, is in a local historic district, or is enumerated on the adopted City of Poughkeepsie Historic Resource Inventory.

2. Whenever an application is filed with the appropriate City department for a demolition permit of any building or structure designated on the State and/or National Register of Historic Places or enumerated on the City of Poughkeepsie Historic Resource Inventory, said City department shall forward a copy of said application to the commission within two business days of receipt of the same.

3. Any owner of a property who proposes to demolish any building or structure designated or enumerated as provided in Subsection (11)(c)1 above, may prior to the filing of an application with the appropriate City department for a demolition permit, request the commission to initiate the procedure set forth in this article for a determination whether said property shall be recommended for designation as a local landmark as if an application for demolition had been filed.

4. The Commission shall hold a public hearing for consideration as to whether said building or structure shall be recommended for designation as a local landmark.

5. The Commission shall make its recommendation within 45 days of the date of filing of the application for a demolition permit with the City of Poughkeepsie or 45 days of the date of receipt of a request for a commission demolition review. Failure to take action thereon within such time shall be deemed a determination not to recommend the designation of the building or structure as a local landmark.

6. In the event the Commission recommends to City Council that the subject property be designated a local landmark, the Chairperson or his designee shall appear at the public hearing of the City Council to give testimony on behalf of the Commission. The City Planner shall be responsible for transmitting the Commission's recommendation to the City Chamberlain and members of the City Council within two business days of the Commission's decision.

7. In making its determination, the commission shall use the criteria specified in Section 19-4.5, Subsection (4)(a). The procedure for recommending the designation of building(s) or structure(s) as local landmark shall be completed in accordance with the provisions of Section 19-4.5, Subsection (4)(a-h).

8. Buildings or structures which have been determined to constitute an imminent danger to public health, safety or welfare are subject to the exercise of the Chief Code Enforcement Officer's emergency powers to cause said building(s) or structure(s) to be immediately demolished.

(12) Enforcement. All work performed pursuant to a certificate of appropriateness issued under this section shall conform to any requirements included therein. It shall be the duty of the applicant to notify the Building Inspector to inspect any work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Commission, the Building Inspector shall issue a stop-work order, and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.

(13) Maintenance and repair required.

(a) Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within an historic district which does not involve a change in design, material, color or outward appearance.

(b) No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any architectural feature which would, in the judgment of the Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.

(c) Examples of such serious disrepair and deterioration include:

1. Deterioration of exterior walls, foundations or other vertical support that causes leaning, sagging, listing, or buckling or deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, slitting, listing, or buckling;

2. Deterioration of roofs or other horizontal members;

3. Deterioration of exterior chimneys that causes leaning, sagging, listing or buckling;

4. Deterioration or crumbling of exterior plaster, stucco or mortar;

5. Ineffective waterproofing of exterior walls, including lack of paint or weathering due to lack of paint or other protective covering, roofs or foundations, including broken windows or doors;

6. Deterioration of any feature so as to create a hazardous condition, which could lead to the claim that demolition is necessary for the public safety;

7. Rotting, holes, or other forms of decay;

8. Deterioration of exterior stairs, porches, handrails, windows and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling;

9. Deterioration that has a detrimental effect on the surrounding historic district or deterioration that contributes to a hazardous or unsafe condition;

10. Deterioration of fences, gates, and accessory structures.

(14) Demolition by neglect.

(a) If, in the judgment of the commission, a violation of this local law exists that will result in a detrimental effect upon the life and character of a designated historic resource, landmark, property or on the character of a historic district as a whole, the Commission shall request the Building Department to establish a record of violations. Such record may include dated materials such as photographs and written reports of the condition of the property so as to record or measure the deterioration.

(b) The Building Inspector and the Commission are authorized to work with a property owner to identify resources for maintenance and stabilization before taking enforcement action under this section.

(c) The Commission, based on the written record of violations, shall hold a public hearing to receive testimony from the Building Inspector, property owner, and other members of the public or City staff or officials to determine if a demolition by neglect is occurring. The Commission shall make such determination by a majority vote and state in writing the necessary repairs to reverse the demolition by neglect.

(d) The Building Department and the owner of record shall be notified of the Commission's finding, stating the reasons thereof. Such notice shall be accomplished in the following manner:

1. By certified mailing to the last known address of the owner of record by the City Chamberlain; or

2. Notice shall be attached to the building or landmark by the Building Inspector.

(e) Upon receipt of the Commission's written notice of determination of demolition by neglect, the Building Inspector shall issue a written notice to the owner of record giving 90 days from the date of mailing such notice to satisfy the commission that necessary repairs have been effected. The Commission, upon request, may allow an extension for a reasonable period to allow the owner to secure financing, labor or materials.

(f) If the necessary repairs are not completed, the Building Inspector and Corporation Counsel shall commence legal action against the owner and shall have the right to pursue all remedies available to the City at law or equity.

(15) Violations.

(a) Failure to comply with any of the provisions of this section shall be deemed a violation, and the violator shall be liable to a penalty of not less than $500 or 15 days in jail, or both for each day the violation continues.

(b) Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this section shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the Corporation Counsel. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

(16) Any person aggrieved by a decision of the Commission may bring a proceeding to review in a manner provided by Article 78 of the Civil Practice Law and Rules.

(17) Miscellaneous.

(a) The provisions of this section shall supersede any inconsistent law or ordinance of the City of Poughkeepsie.

Section 19-4.6 Flood damage prevention.

[Ord. of 12-19-1983, § 1, 2; Ord. of 9-8-1987, § 1; L.L. No. 2-2012, 4-16-2012]

(a) Statutory authorization findings of fact, purpose and objectives.

(1) Statutory authorization. The Legislature of the State of New York has in Article 9, § 2 of the New York State Constitution delegated to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. This section for Flood Damage Prevention is authorized by the New York State Constitution, Article 9, § 2, and Environmental Conservation Law, Article 36.

(2) Findings of fact.

a. The Common Council of the City of Poughkeepsie finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the City of Poughkeepsie and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this section is adopted.

b. These potential flood losses can be caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage can also contribute to the flood loss.

(3) Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

a. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

b. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

c. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;

d. Control filling, grading, dredging and other development which may increase erosion or flood damages;

e. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and

f. Qualify and maintain for participation in the National Flood Insurance Program.

(4) Objectives. The objectives of this section are to:

a. Protect human life and health;

b. Minimize expenditure of public money for costly flood control projects;

c. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

d. Minimize prolonged business interruptions;

e. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; streets; and bridges located in areas of special flood hazard;

f. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

g. Provide that developers are notified that property is in an area of special flood hazard; and

h. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(b) Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

APPEAL

A request for a review of the local administrator's interpretation of any provision of this section or a request for a variance.

AREA OF SHALLOW FLOODING

A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or one-hundred-year floodplain. For purposes of this section, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard."

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT

That portion of a building having its floor subgrade (below ground level) on all sides.

BUILDING

See "structure."

CELLAR

Has the same meaning as "basement."

CRAWL SPACE

An enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.

ELEVATED BUILDING

A nonbasement building built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls that meet the federal standards.

FEDERAL EMERGENCY MANAGEMENT AGENCY

The federal agency that administers the National Flood Insurance Program.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)

An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.

FLOOD ELEVATION STUDY

An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.

FLOOD INSURANCE RATE MAP (FIRM)

An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

See "flood elevation study."

FLOOD or FLOODING

(1) A general and temporary condition of partial or complete inundation of normally dry land areas from:

a. The overflow of inland or tidal waters;

b. The unusual and rapid accumulation or runoff of surface waters from any source.

(2) "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)a above.

FLOODPLAIN or FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source (see definition of "flooding").

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

Has the same meaning as "regulatory floodway."

FUNCTIONALLY DEPENDENT USE

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approval programs.

LOCAL ADMINISTRATOR

The person appointed by the community to administer and implement this section by granting or denying development permits in accordance with its provisions. The Zoning Administrator shall be deemed the local administrator for the City.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this section.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MEAN SEA LEVEL

For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

MOBILE HOME

Has the same meaning as "manufactured home."

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure.

ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD

Has the same meaning as "base flood."

PRINCIPALLY ABOVE GROUND

At least 51% of the actual cash value of the structure, excluding land value, is above ground.

RECREATIONAL VEHICLE

A vehicle which is:

(1) Built on a single chassis;

(2) Four hundred square feet or less when measured at the largest horizontal projections;

(3) Designed to be self-propelled or permanently towable by a light-duty truck; and

(4) Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Subsection (d)(4) of this section.

START OF CONSTRUCTION

The date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

VARIANCE

A grant of relief from the requirements of this section which permits construction or use in a manner that would otherwise be prohibited by this section.

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations.

(c) General provisions.

(1) Lands to which this section applies. This section shall apply to all areas of special flood hazard within the jurisdiction of the City of Poughkeepsie, Dutchess County.

(2) Basis for establishing the areas of special flood hazard.

a. The areas of special flood hazard for the City of Poughkeepsie, Community Number 360222, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

1. Flood Insurance Rate Map Panel Numbers 36027C0354E, 36027C0358E, 36027C0359E, 36027C0362E, 36027C0366E, and 36027C0367E, whose effective date is May 2, 2012, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.

2. A scientific and engineering report entitled "Flood Insurance Study, Dutchess County, New York, All Jurisdictions," dated May 2, 2012.

b. The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study and/or maps are on file at the Administrative Office of the Department of Public Works/Engineering Department, 62 Civic Center Plaza, Poughkeepsie, New York 12601.

(3) Interpretation and conflict with other laws.

a. This section includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention.

b. In their interpretation and application, the provisions of this section shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern.

(4) Severability. The invalidity of any section or provision of this section shall not invalidate any other section or provision thereof.

(5) Penalties for noncompliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this section and any other applicable regulations. Any infraction of the provisions of this section by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the City of Poughkeepsie from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this section for which the developer and/or owner has not applied for and received an approved variance under Subsection (f) will be declared noncompliant, and notification will be sent to the Federal Emergency Management Agency.

(6) Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the City of Poughkeepsie, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(d) Administration.

(1) Designation of the local administrator. The Zoning Administrator is hereby appointed local administrator to administer and implement this section by granting or denying floodplain development permits in accordance with its provisions.

(2) The floodplain development permit.

a. Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section (c)(2), without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

b. Fees. All applications for a floodplain development permit shall be accompanied by an application fee as established by resolution of the Common Council of the City of Poughkeepsie. Such fee may thereafter be amended from time to time by like resolution. In addition, the applicant shall be responsible for reimbursing the City of Poughkeepsie for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs.

c. Application for a permit. The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form.

1. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones A1-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.

2. The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.

3. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Section (e)(7), Utilities.

4. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in Section (e)(9), Nonresidential structures.

5. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Section (c)(2), when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.

6. A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.

7. In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres.

(3) Duties and responsibilities of the local administrator. Duties of the local administrator shall include, but not be limited to, the following.

a. Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit:

1. Review all applications for completeness, particularly with the requirements of Subsection (d)(2)c Application for a permit, and for compliance with the provisions and standards of this section.

2. Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Subsection (e), Construction standards and, in particular, Subsection (e)(2), Subdivision proposals.

3. Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Subsection (e), Construction standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.

4. Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.

(4) Use of other flood data.

a. When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to Subsection (d)(2)c7 as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this section.

b. When base flood elevation data are not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this section.

(5) Alteration of watercourses.

a. Notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submittal of evidence of such notification to the Regional Administrator, Region II, Federal Emergency Management Agency.

b. Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

(6) Construction stage.

a. In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).

b. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.

(7) Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.

(8) Stop-work orders.

a. The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in Subsection (c)(5) of this section.

b. The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this section and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in Subsection (c)(5) of this section.

(9) Certificate of compliance.

a. In areas of special flood hazard, as determined by documents enumerated in Subsection (c)(2), it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this section.

b. A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard.

c. Issuance of the certificate shall be based upon the inspections conducted as prescribed in Subsection (d)(9), Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.

(10) Information to be retained. The local administrator shall retain and make available for inspection, copies of the following:

a. Floodplain development permits and certificates of compliance;

b. Certifications of as-built lowest floor elevations of structures, required pursuant to Subsection (d)(6)a and b, and whether or not the structures contain a basement;

c. Floodproofing certificates required pursuant to Subsection (d)(6)a, and whether or not the structures contain a basement;

d. Variances issued pursuant to Subsection (f), Variance procedures; and

e. Notices required under Subsection (d)(5), Alteration of watercourses.

(e) Construction standards.

(1) General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Subsection (c)(2).

(2) Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):

a. Proposals shall be consistent with the need to minimize flood damage;

b. Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and

c. Adequate drainage shall be provided to reduce exposure to flood damage.

(3) Encroachments.

a. Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:

1. The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or

2. The City of Poughkeepsie agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City of Poughkeepsie for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City of Poughkeepsie for all costs related to the final map revision.

b. On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Subsection (c)(2), no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:

1. A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or

2. The City of Poughkeepsie agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City of Poughkeepsie for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City of Poughkeepsie for all costs related to the final map revisions.

(4) Standards for all structures. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Subsection (c)(2).

(5) Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(6) Construction materials and methods.

a. New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.

b. New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.

c. For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:

1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

2. The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.

3. Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Enclosed areas subgrade on all sides are considered basements and are not permitted.

(7) Utilities.

a. New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall also elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations;

b. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

c. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and

d. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(8) Residential structures.

a. Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in Subsections (e)(2), Subdivision proposals, (e)(3), Encroachments, and (e)(4), Standards for all structures.

1. Within Zones A1-A30, AE and AH and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation.

2. Within Zone A, when no base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.

3. Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Subsection (c)(2) (at least two feet if no depth number is specified).

4. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

(9) Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in Subsections (e)(2), Subdivision proposals, (e)(3), Encroachments, and (e)(4), Standards for all structures.

a. Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure shall either:

1. Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or

2. Be floodproofed so that the structure is watertight below two feet above the base flood elevation, including attendant utility and sanitary facilities, with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

b. Within Zone AO, new construction and substantial improvements of nonresidential structures shall:

1. Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or

2. Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Subsection (e)(9)a2.

c. If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection (e)(9)a2, including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.

d. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

e. Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.

(10) Manufactured homes and recreational vehicles. The following standards in addition to the standards in Subsections (e)(1), General standards, and (e)(4), Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.

a. Recreational vehicles.

1. Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either:

(i) Be on site fewer than 180 consecutive days;

(ii) Be fully licensed and ready for highway use; or

(iii) Meet the requirements for manufactured homes in Subsection (e)(10)b, c and d.

2. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

b. A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

c. Within Zone A, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement.

d. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as two feet above the depth number specified on the Flood Insurance Rate Map enumerated in Subsection (c)(2) (at least two feet if no depth number is specified).

(f) Variance procedure.

(1) Appeals Board.

a. The Zoning Board of Appeals as established by the City of Poughkeepsie shall hear and decide appeals and requests for variances from the requirements of this section.

b. The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this section.

c. Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

d. In passing upon such applications, the Zoning Board of Appeals, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section and:

1. The danger that materials may be swept onto other lands to the injury of others;

2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4. The importance of the services provided by the proposed facility to the community;

5. The necessity to the facility of a waterfront location, where applicable;

6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;

9. The safety of access to the property in times of flood for ordinary and emergency vehicles;

10. The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding;

11. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

12. The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.

e. Upon consideration of the factors of Subsection (f)(1)d and the purposes of this section, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

f. The local administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request.

(2) Conditions for variances.

a. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in Subsection (f)(1)d1 through 12 have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

b. Variances may be issued for the repair or rehabilitation of historic structures upon determination that:

1. The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure; and

2. The variance is the minimum necessary to preserve the historic character and design of the structure.

c. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

1. The criteria of Subsection (f)(2)a through f of this section are met; and

2. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

d. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

e. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

f. Variances shall only be issued upon receiving written justification of:

1. A showing of good and sufficient cause;

2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

g. Written notice.

1. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that:

(i) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

(ii) Such construction below the base flood level increases risks to life and property.

2. Such notification shall be maintained with the record of all variance actions as required in Subsection (d)(10) of this section.

Section 19-4.7 Swimming pools [1]

Except as provided hereinafter, no swimming pool shall be located, constructed or maintained on any lot, except in conformance with the following requirements:

(1) Said pool may be installed or maintained in any residential district or in any nonresidential district where specifically permitted.

(2) Said pool shall be used as an accessory use to a dwelling or group of dwellings or as part of the recreational facilities of a camp, club or similar use.

(3) When accessory to a single-family residence, such pool may be located in a side or rear yard.

(4) The portion of the premises upon which such pool is located shall be entirely enclosed with a good quality security fence, which, any other provision of this Chapter notwithstanding, shall have a height of not less than four feet. All gates or doors opening through the fence shall be equipped with self-closing and self-latching devices designed and capable of keeping such gates or doors securely closed at all times when not in actual use. Said fence shall be of a type approved by the Building Inspector.

(5) Every gate or other opening in the fence enclosing such pool shall be kept securely locked at all times when said pool is not in use.

(6) Such pool shall be located not less than five feet from any lot lines and 10 feet from the main building.

(7) Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.

(8) Where the proposed pool is so located or is of such height or design that protective fencing is not required or is impractical, the Building Inspector may, at his discretion, issue a permit for the erection of said pool without such fencing. The Building Inspector shall, however, first make a finding to the effect that, in his opinion, said pool has protection from entry equivalent to that afforded by the erection of a fence as provided for in Section 19-4.7(4) of this Chapter.

(9) Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupant of any adjoining property.

(10) No permission shall be granted for the installation of any swimming pool unless the plans therefor meet the minimum City of Poughkeepsie construction requirements, nor until the owner has filed with the Building Inspector a certification, approved by the Director of Public Works, the Plumbing Inspector and by a professional engineer licensed by the State of New York, that the drainage of such pool is adequate and will not interfere with the public water supply system, the existing sanitary facilities and the public highways.

[1] Editor's Note: See also Ch. 17, Swimming Pools.

Section 19-4.8 Tennis courts, paddle tennis courts and similar accessory recreation facilities.

(1) When accessory to a single-family residence, any tennis court, paddle tennis court or similar accessory recreation facility may be located in a rear yard or, if in a side yard, not nearer than 25 feet to any side lot line. No such facility may be located closer to the property lines than is permitted for accessory structures in the district in which the property is located.

(2) A fence or suitable planting strip shall be provided to screen the recreation use from view from adjacent properties.

Section 19-4.9 Signs.

[Ord. of 6-1-1987, § 1; Ord. of 12-2-1991, § 1; Ord. of 9-18-1995, § 1; Ord. No. O-18-6, 8-27-2018, § 1]

(1) Purpose. The purpose of this section is to regulate existing and proposed signs in order to:

(a) Protect property values;

(b) Create a more attractive economic and business climate;

(c) Enhance and protect Poughkeepsie's physical appearance and environment;

(d) Preserve the historic and architectural heritage of the City;

(e) Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents;

(f) Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way; and

(g) Provide reasonable conditions for advertising.

(2) Definitions. Words and terms used in this section shall have the meanings given in this subsection. Unless expressly stated otherwise, any pertinent word or term not part of this listing but vital to the interpretation of this section shall be construed to have its legal definition or, in absence of a legal definition, its meaning as commonly accepted by practitioners, including civil engineers, surveyors, architects, landscape architects, and planners.

AWNING

A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is permanently attached to a building and may be raised or retracted to a position against the building when not in use.

AWNING SIGN

Any sign painted on, or applied to, an awning.

BILLBOARD AND OFF-PREMISES SIGN

A sign structure advertising an establishment, merchandise, event, service or entertainment which is not sold, produced, manufactured or furnished at the property on which the sign is located.

CANOPY

A structure other than an awning made of fabric, metal, or other material that is supported by columns or posts affixed to the ground and may also be connected to a building.

CANOPY SIGN

Any sign painted on, or applied to, a canopy.

CHANGEABLE COPY SIGN

A fixed sign that is designed so that characters, letters, or illustrations can be changed or rearranged manually to change the message on the sign without altering the face or surface of the sign.

DIRECTIONAL SIGN

Signs designed to provide direction to pedestrian and vehicular traffic into and out of, or within, a site.

ELECTRONIC MESSAGE DISPLAY

The portion of a sign message made up of internally illuminated components capable of changing the message periodically. Televisions and electronic video displays are not considered electronic message displays and are prohibited.

FLAG SIGN

Any sign printed or painted on cloth, canvas, or other like materials deemed appropriate with distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners.

FOOTCANDLE

A unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter, aka footcandle or light meter. One footcandle is equal to one lumen per square foot.

FREESTANDING SIGN

A sign supported by structures or supports that are placed on, or anchored in, the ground and that is independent and detached from any building or other structure. The following are subtypes of freestanding signs:

MONUMENT SIGN — A sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or attached to any part of a building.

POLE SIGN — A freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure.

ILLUMINATION

A source of artificial light from electricity, gas or other artificial means.

EXTERNAL ILLUMINATION — Artificial light, located away from the sign, which lights the sign face.

INTERNAL ILLUMINATION — A light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Electronic message display signs and signs incorporating neon lighting shall not be considered internal illumination for the purposes of this section.

HALO ILLUMINATION — A sign using a three-dimensional message, logo, etc., which is lit in such a way as to produce a halo effect (also known as back-lit illumination).

INFLATABLE SIGN

A sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor that provides a constant flow of air into the device.

MARQUEE

A permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a building and providing protection from the elements; typically associated with theaters.

NEON SIGN

A sign illuminated by a neon tube, or other visible light-emanating tube, that is bent to form letters, symbols, or other graphics. This may include, but is not limited to, LEDs, exposed glass tube lighting, neon, or rope lighting.

NONCOMMERCIAL SIGN

A sign which in no way identifies, advertises, or directs attention to a business or is intended to induce a purchase of a good, property, or service, or portrays or symbolizes a good, property, or service, especially, but, without limitation, a brand or trade name, an identifiable container shape, or a trademark, within 1,000 feet from a point of commercial solicitation, sale, or distribution of such good, property, or service.

NONCONFORMING SIGN

A sign that was legally erected and maintained as of the effective date of this section, or amendment thereto, that does not comply with sign regulations of the district in which it is located.

PENNANT/STREAMERS

Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series and designed to move in the wind.

POLITICAL SIGN

A noncommercial sign concerning candidates for public office or ballot issues in a primary, general, municipal, or special election.

PROJECTING SIGN

A building-mounted, double-sided sign with the two faces generally perpendicular to the building wall.

ROOF SIGN

Any sign erected on or attached to a roof or a sign attached to a building that projects above the cornice line.

SIGN

Any device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors, illumination, symbols, numbers, or letters for the purpose of communicating a message. "Sign" includes the sign faces as well as any sign supporting structure.

SIGN AREA

The measurement shall be determined by the smallest rectangle encompassing the entire face of a sign. This rectangle includes the advertising surface and any framing, trim, molding, background, and the supporting structure situated above the lowest edge of the sign face.

TELEVISION DISPLAY SIGN

A sign that contains electronic video displays intended to emit television-quality video.

TEMPORARY SIGN

A banner, pennant, poster or advertising display that appears to be intended or is determined by the code official to be displayed for a limited period of time.

THREE-DIMENSIONAL SIGN

Signs such as barber poles, eyeglasses, mortar and pestles, etc., related to the business's products or services, having length, width, and depth and including, but not limited to spheres, balloons, and or objects. A rectangular or circular sign with a thickness/diameter of less than 13 inches shall not be considered a three-dimensional sign.

VEHICULAR SIGN

Any vehicle and/or trailer to which a sign is affixed in such a manner that the carrying of the sign is no longer incidental to the vehicle's purpose but becomes the primary purpose of the vehicle.

VERTICAL BLADE SIGN

A tall, double-sided, narrow projecting sign that is oriented perpendicular to the building's face and may extend above the second-story window sill.

WALL SIGN

Any sign attached parallel to, but within 12 inches of, a wall, painted on the wall surface of, or erected and confined within the limits of, an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

WINDOW SIGN

Any sign that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. This does not include signs inside a building, or other enclosed facility, which are not meant to be viewed from the outside and are located greater than three feet from the window.

WORD

In addition to traditional word classes such as, but not limited to, nouns, verbs, adverbs, prepositions, conjunctions and determiners, telephone numbers and web addresses will also be counted towards a sign's total word count. Depending on length, an email address may be counted as more than one word.

(3) Permit requirements. Unless otherwise provided in this chapter, a permit must be obtained before any sign can be erected, structurally altered, enlarged, or relocated.

(a) Application. Applications for sign permits shall be made available through the Planning Department and shall be completed in full before submission. The application shall include:

1. A scaled color rendering of the sign which shows content, color, and typography.

2. A description of the material of which the sign will be made.

3. A description of proposed lighting, if any.

4. If not a freestanding sign, a dimensioned elevation of the building that shows the scale and placement of the sign.

5. If a freestanding sign, a plot plan of the property that shows sign placement and distance to the property line.

6. Any other information which the Planning Department or Planning Board may deem necessary in order to visualize the proposed sign.

7. If illuminated, a certification or statement from the lighting or sign manufacturer stating that footcandles and/or nits will not exceed regulations as described in Section 19-4.9(8)(c) of this chapter.

(b) Approval.

1. The Planning Department shall review the proposed sign(s) with respect to the requirements of this chapter. Signs shall either be administratively approved by the Planning Department or forwarded to the Planning Board for approval, in accordance with Summary Table 2, "Permitted Signs by District."

a. Due to an increased potential for impacts to the surrounding community, the following signs shall be reviewed and approved by the Planning Board. Administrative approval is not permitted.

i. Three-dimensional signs;

ii. Marquee signs;

iii. Signs with neon lighting; and

iv. Electronic message display signs.

b. All other permitted sign types that meet the requirements specified within this chapter shall be administratively approved, or approved with conditions, by the Planning Department within 15 working days, and a permit shall be issued.

2. If, upon review, it is determined that the proposed signage does not comply with the requirements specified within this chapter, the Planning Department shall notify the applicant within 15 working days of receipt of the application. The applicant may either revise and resubmit the application to the Planning Department or, upon receipt of a denial letter, appeal to the Zoning Board of Appeals for relief from the code.

3. After approval, and after all conditions (if any) have been satisfied, the applicant shall be granted a sign permit. Failure to erect the sign within one year of approval shall cause the approval to become null and void.

(4) Exempt signs. The following signs do not require a permit, provided they meet the requirements specified. Signs which exceed the requirements shall not be considered exempt from these regulations:

(a) Signs required by duly constituted governmental bodies and their agencies.

(b) Flags or emblems of government, political, civic, charitable, educational, religious, fraternal or similar organization, which are hung on a flagpole or mast.

(c) Noncommercial signs.

(d) Signs mandated by E911 address requirements that are no more than 12 inches high and 18 inches wide.

(e) Nameplates with a maximum area of two square feet.

(f) Bulletin boards, kiosks and similar sign structures used for the posting of flyers, posters and notices. Signs shall not equal a total area greater than 16 square feet.

(g) Signs not visible from outside the lot upon which they are situated.

(5) Prohibited signs. In order to protect the aesthetic and historic quality of the City of Poughkeepsie and to reduce the risk of accidents due to visual distractions, the following signs are prohibited within the City:

(a) Billboard and off-premises signs.

(b) Inflatable signs.

(c) Pennants/streamers.

(d) Roof signs.

(e) Vehicular signs.

(f) Television display signs.

(g) Signs attached to a tree, utility pole, or otherwise affixed to anything other than an approved sign support structure.

(h) Signs containing reflective materials.

(i) Signs that obstruct the public way or obstruct the view of traffic.

(j) Signs that obstruct the view of another sign on an adjacent property.

(6) Temporary signs.

(a) Temporary signs do not require the formal issuance of a permit, but the date of erection of a temporary sign must be written in indelible ink on the lower right hand corner of the sign.

(b) Temporary signs allowed at any time:

1. A property owner or lessee may place one sign with a sign face no larger than two square feet on the property at any time.

2. A property owner or lessee may place a sign no larger than 8.5 inches by 11 inches in one window on the property at any time.

(c) One temporary sign per 0.25 acre of land may be located on a property for a period of 30 days prior to an election involving candidates for a federal, state or local office per issue and per candidate. Where the size of the property is smaller than 0.25 acre, one sign may be posted on the property for each principal building lawfully existing on the property.

(d) One temporary sign may be located on a property when that property is being offered for sale. Said sign shall be removed not more than 15 days following the date on which a contract of sale has been executed.

(e) One temporary sign per year may be located on a property up to 30 days prior to the owner or lessee opening the property to the public. These 30 days shall be consecutive. The sign shall be removed within 24 hours following the conclusion of the event.

(f) One temporary sign may be located on a commercial property on a day when the owner is opening the property to the public, provided that the owner may not use this type of sign for more than 14 days in a year and the days shall be consecutive.

(g) The City of Poughkeepsie ("the City") or the property owner may confiscate signs installed in violation of this section. Neither the City nor the property owner is responsible for notifying sign owners of confiscation of an illegal sign.

(7) Permitted signs by district.

(a) Signs shall only be permitted in the districts specified in the following summary table:

Summary Table 2: Permitted Signs by District
	Districts
Sign Type	R-1	R-2	R-3, R-3A	R-4 to R-6	C-1, O-R, W-G	W, WTOD	C-2A, C-3	R-D, I-1, I-2	C-2	H-M
Awning			D	D	D	D	D	D	D	D
Canopy				D	D	D	D	D	D	D
Changeable Copy	*D	*D	*D	*D	D		D	D	D
Free-standing	D	D	D	D	D	D	D	D	D	D
Marquee						PB			PB
Projecting					D	D	D	D	D
Three-Dimensional					PB	PB	PB	PB	PB	PB
Vertical Blade					D	D	D	D	D
Wall					D	D	D	D	D	D
Window					D	D	D	D	D	D
Sign features as part of the above sign types
Neon					PB	PB	PB	PB	PB
Electronic Message Display					PB	PB	PB	PB	PB	PB

NOTES:

*Only permitted on government, school, or religious property.

Bolded text indicates that reduced dimensional standards apply

D = Administrative approval from the Planning Department is permitted if the sign adheres to applicable sign ordinance regulations.

PB = Approval required from the Planning Board.

(b) Additional location standards.

1. There shall be no more than one freestanding or one electronic message sign permitted for any one site. Consideration of additional signage may be had, when necessary or appropriate, for sites with multiple street frontages.

2. There shall be no more than one wall sign, one projecting sign, one vertical blade sign, or one marquee sign permitted for any one business on any one side of a building adjacent to a street.

(8) General sign regulations.

(a) Signs are not permitted as the principal use of a lot.

(b) Design standards. In reviewing an application for a sign permit, the following design standards shall be considered:

1. Signs shall be designed to complement the building's architecture rather than detract from it.

2. Colors and materials which are discordant with the general character of the adjacent area shall be avoided. High-quality materials are strongly encouraged. DayGlo™ colors are strongly discouraged.

3. Signs shall be as small as practicable.

4. Signs shall be easily legible.

5. Signs shall have a minimum of information in order to avoid clutter and confusion. Extraneous information, phone numbers, and web addresses are discouraged.

6. Freestanding signs should be integrated with site landscaping where appropriate.

7. Sign materials shall be durable, requiring little maintenance, and properly maintained at all times.

8. Signs within pedestrian-oriented shopping districts should be located and sized to be viewed by people on foot rather than drivers.

(c) Lighting and illumination standards.

1. Sign illumination.

a. Signs may be illuminated, with the following exceptions:

i. Awning and canopy signs shall not be illuminated.

ii. No signs shall be internally, halo or back-lit illuminated in any residential district.

b. Except for specially permitted electronic message displays, and the regulations that apply thereto in § 19-4.9(8)(c)3, any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity. No flashing, intermittent, rotating, or moving lights shall be permitted.

c. Light sources to illuminate signs shall neither be visible from any street right-of-way, nor cause glare hazardous or distracting to pedestrians, vehicle drivers, or adjacent properties.

d. Signs that have external illumination shall be down-lit and shall have lighting fixtures or luminaires that are fully shielded.

e. No more than 0.2 footcandle of light shall be detectable at the boundary of any abutting nonresidential property. No light shall be detectable at the boundary of any residential property.

f. All lights shall be kept in working condition or immediately repaired or replaced.

g. Hours of operation:

i. Signs on nonresidential properties may be illuminated from 5:00 a.m. until 11:00 p.m., or 1/2 hour past the close of business of the facility being identified or advertised, whichever is later. A business or facility that is open 24 hours a day is not required to turn off its sign(s).

ii. Signs shall provide an automatic timer to comply with the intent of this section.

2. Types of illumination. Where permitted, illumination may be:

a. External. Externally illuminated signs are subject to the following regulations:

i. External illumination shall be by a steady, stationary light source, shielded and directed solely at the sign from a down-lit position. The light source must be static in color and intensity.

b. Internal. Internally illuminated signs, where permitted, are subject to the following regulations:

i. Internal illumination, including neon lighting, must be static in intensity and color.

ii. In order to reduce light pollution and to contribute to readability, internally illuminated signs shall have dark backgrounds with light lettering.

c. Halo or back-lit. Halo or back-lit signs are subject to the following requirements:

i. The light source shall be static in color and intensity.

ii. The background surface that the light shines on shall not be reflective.

iii. The background surface shall be of dark material.

3. Electronic message display. These signs are subject to the following brightness limits:

a. Brightness. In order to limit light pollution, these signs are subject to the following regulations:

i. During daylight hours between sunrise and sunset, luminance shall be no greater than 5,000 nits.

ii. At all other times, luminance shall be no greater than 250 nits.

iii. Each sign must have a light-sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change to comply with the limits set here within.

b. Message duration:

i. With the exception of "time and temperature" messages, any electronic message shall be displayed for not less than 12 hours without change.

ii. All digital signs shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

(9) Standards by sign type. Upon issuance of a permit in accordance with this chapter, the following signs are permitted subject to the following requirements.

(a) Awning sign.

1. Location. The bottom of an awning shall be a minimum of seven feet or a maximum of nine feet above the sidewalk and shall not extend into any access driveways intended for service or emergency vehicles.

2. Maximum dimensions. The lettering on an awning sign shall not exceed 60% of the awning width, nor a maximum width of 10 feet. Lettering height shall not exceed 12 inches.

3. Maximum number of colors. No more than three colors are permitted per awning sign.

4. Maximum number of words. No more than five words are permitted per awning sign.

(b) Canopy sign.

1. Location. The bottom of a canopy shall be a minimum of seven feet or a maximum of nine feet above the sidewalk. A clear walkway with a minimum width of eight feet shall be provided beneath each canopy.

2. Maximum dimensions. The lettering on a canopy sign shall not exceed eight feet in width nor 18 inches in height.

3. Maximum number of colors. No more than three colors are permitted per canopy sign.

4. Maximum number of words. No more than five words are permitted per canopy sign.

(c) Changeable copy sign.

1. Location. Changeable copy signs shall be located a minimum of five feet from the property line.

2. Maximum dimensions. The dimensions of a changeable copy sign shall not exceed five feet in width nor four feet in height.

3. Maximum number of colors. No more than three colors are permitted per changeable copy sign.

4. Maximum number of words. No more than five permanent words are permitted per sign face per changeable copy sign. No more than 20 changeable words are permitted per face per changeable copy sign.

(d) Freestanding sign.

1. Location. Freestanding signs shall be located in a front yard and a minimum of five feet from the front property line.

2. Maximum dimensions. Within nonresidential zoning districts, a freestanding sign shall not exceed a maximum dimension of six feet in height or width, nor a maximum area of 36 square feet per sign face. Within permitted residential districts, a freestanding sign shall not exceed a maximum dimension of three feet in height or width, nor a maximum area of six square feet per sign face. Maximum height, including sign face and base, shall not exceed eight feet in nonresidential and five feet in residential districts.

3. Maximum number of colors. No more than three colors are permitted per freestanding sign.

4. Maximum number of words. No more than five words are permitted per face per freestanding sign.

(e) Marquee sign.

1. Location. Signs shall not be permitted on any marquee, other than signs built into and forming a part of the marquee itself. The base of a marquee sign shall be a minimum of 10 feet above the sidewalk. No portion of a marquee shall extend vertically above the eaveline.

2. Maximum dimensions. A marquee sign shall not exceed a height of three feet or total area greater than 30% of the marquee facade.

3. Maximum number of colors. No more than five colors are permitted per marquee sign.

4. Maximum number of words. No more than 20 words are permitted per each marquee sign face.

(f) Projecting sign.

1. Location. A projecting sign shall be affixed to the facade of the ground floor level. No portion of the projecting sign shall project higher than the bottom sill of second-story windows. The base of a projecting sign shall be a minimum of eight feet or a maximum of 10 feet above the sidewalk and shall not extend into any access driveways intended for service or emergency vehicles.

2. Maximum dimensions. Projecting signs shall not exceed six square feet in area per face nor exceed 12 inches from sign face to sign face. No portion of the sign shall extend more than three feet from the building.

3. Maximum number of colors. No more than three colors are permitted per projecting sign.

4. Maximum number of words. No more than five words are permitted per face per projecting sign.

(g) Three-dimensional sign.

1. Location. A three-dimensional sign shall be affixed to the facade of the ground floor level. No portion of the sign shall project higher than the bottom sill of second-story windows. The base of a three-dimensional sign shall be a minimum of eight feet or a maximum of 10 feet above the sidewalk and shall not extend into any access driveways intended for service or emergency vehicles.

2. Maximum dimensions. A three-dimensional sign shall not extend more than three feet from a building wall nor encompass a space more than six square feet when viewed from any angle.

3. Maximum number of colors. No more than three colors are permitted per three-dimensional sign.

4. Maximum number of words. No more than five words are permitted per each three sign face.

(h) Vertical blade sign.

1. Location. The base of a vertical blade sign shall be a minimum of eight feet or a maximum of 10 feet above the sidewalk and shall not extend into any access driveways intended for service or emergency vehicles. Unlike a projecting sign, a vertical blade sign may extend beyond the bottom sill of windows on the second story.

2. Maximum dimensions. The vertical dimension of a blade sign shall be proportional to the building height, but shall not exceed 2/3 of the building height. No portion of the sign shall extend more than three feet from the building. The thickness of a blade sign shall not exceed 12 inches from sign face to sign face.

3. Maximum number of colors. No more than three colors are permitted per vertical blade sign.

4. Maximum number of words. No more than three words are permitted per vertical blade sign.

(i) Wall sign.

1. Location. The bottom of a wall sign shall be a minimum of eight feet or a maximum of 12 feet above the sidewalk.

2. Maximum dimensions. Wall signs shall not exceed a height of three feet and shall not exceed an area in square feet equal to one times the length of the frontage, up to a maximum of 60 square feet. For one-story buildings, a wall sign shall not extend higher than the top of the cornice line. For buildings of two stories or more, a wall sign shall not extend above the bottom sill of windows on the second story.

3. Maximum number of colors. No more than three colors are permitted per wall sign.

4. Maximum number of words. No more than five words are permitted per wall sign.

(j) Window sign.

1. Location. Window signs shall only be permitted on the first floor of street-facing facades, and should be located in such a way that does not unnecessarily detract from pedestrian visibility into buildings.

2. Maximum dimensions. A window sign shall not exceed a maximum of 30% of total glass area.

3. Maximum number of colors. No more than five colors are permitted per window sign.

4. Maximum number of words. No more than 10 words are permitted per window sign.

(10) Nonconforming signs. A nonconforming sign shall not be structurally altered or substantively changed. The relettering or painting of such signs shall be permitted, but any such sign, once removed for purposes other than relettering or painting, shall be deemed permanently removed and may be replaced only in accordance with the provisions of this chapter.

(11) Substitution clause. Any sign authorized pursuant to this chapter may contain a noncommercial message in lieu of other copy.

(12) Maintenance.

(a) All signs shall be maintained in original condition.

(b) Nonfunctioning lights associated with signs shall be repaired or replaced immediately.

(c) Signs that are not safe shall be removed.

(13) Enforcement. Enforcement of the provisions of this section shall be in accordance with the provisions of Section 19-7.8 of the Zoning Ordinance.

(14) Severability.

(a) The provisions of this section are severable. The invalidity of any word, subsection, clause, phrase, paragraph, sentence, part or provision of this section shall not affect the validity of any other part of this section, which can be given effect without such invalid part or parts.

(b) If any portion of this section is found to be in conflict with any other provision of any other local law or ordinance of the Code of the City of Poughkeepsie, the provision which establishes the more restrictive standard shall prevail.

Section 19-4.10 Open storage.

(1) No unenclosed storage, except parking of operable passenger vehicles capable of passing inspection or recreation vehicles as set forth in Section 19-4.4 shall be permitted in an R-1 through R-6, O-R or PRD District.

(2) When open storage is permitted in a commercial or industrial district as a principal or accessory use, the following conditions shall be met:

(a) Storage shall be screened from view by an eight-foot high fence or evergreen screening, the design and location of which shall be approved by the Planning Board. In no case shall the stored material exceed the height of the screening.

(b) No outdoor storage may be permitted within 25 feet of an R-1 through R, O-R or PRD District boundary.

Section 19-4.11 Landscaping requirements.

(1) Required landscaping.

(a) All portions of improved multifamily and nonresidential properties which are not used for buildings, structures, off-street parking and loading, permitted outdoor storage, driveways, walkways or similar purposes shall be appropriately landscaped with grass, shrubs, trees and other ground cover in such manner as to minimize erosion and stormwater runoff and to maintain or improve the aesthetics of such development.

(b) Landscape strips shall be provided along all property lines of multifamily and nonresidential uses. Such landscape strips shall comply with the following minimum standards, as well as all applicable requirements set forth elsewhere in this Chapter:

1. Said landscape strips shall be at least three feet wide and include evergreen planting and other landscaping of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively screen the activity on the lot from neighboring uses. New trees shall have a caliper of not less than eight inches three feet from the base and shall be at least six feet high when planted.

2. Unless specifically required elsewhere in this Chapter, an opaque wall or fence of location, height, design and materials approved by the Planning Board may be substituted for part or all of the required landscape strips.

3. Where the existing topography and/or existing landscaping provides adequate screening, the Planning Board may waive or modify the planting and/or landscape requirements of this Chapter.

(2) Maintenance. All fences, trees, plantings, shrubbery or other screening required by direction of the City Council, the Zoning Board of Appeals, the Planning Board or by this zoning chapter shall be maintained at all times at least to the same quality required of said items at the time they were initially installed.

(3) Penalties. If, after 30 days' notice, such fences, trees, plantings, shrubbery or other screening are not erected, replaced, repaired or maintained by or on behalf of such owner, the City Council may authorize the Department of Public Works to perform the necessary work and provide for the assessment of all costs and expenses so incurred by the city, in connection with any action taken as above, against the land on which such screening facilities are located. The costs and expenses so incurred shall be certified to the Tax Assessor and shall become a municipal lien against the property.

Section 19-4.12 Supplementary lot, yard and bulk regulations.

(1) Street access. No building shall be erected on a lot that does not have direct access to a public street or indirect access to a public street via a private street or way approved by the Planning Board. All buildings and structures shall be so located as to provide safe and convenient access for servicing, fire and police protection and off-street parking and/or loading.

(2) Residential flag lots and accessways. Any flag lot occupied or to be occupied by a one-family dwelling shall have access thereto by means of an accessway, having a width of not less than 20 feet, serving only such lot. The area of the accessway shall not be included in determining the area of any lot. The front yard of any lot having access to a street by means of an accessway shall be the required front yard specified for the district in which the lot is located and shall be measured from the rear lot line of the front lot.

(3) Side yards. For purposes-of side yard requirements, attached dwellings on adjacent lots may be considered one building, occupying one lot.

(4) Corner lots. On a corner lot, one yard other than the front yards shall be deemed to be a rear yard and the other or others shall be deemed to be side yards.

(5) Obstruction to vision at street intersections. At all street intersections in all districts requiring a front yard, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 20 feet distant from their point of intersection. Further, the Director of Public Safety is hereby empowered to order removal of any such structure or growth which, in his opinion, does in fact cause a danger to traffic.

(6) Lots under water or subject to flooding. Not more than 10% of the minimum area requirement of a lot may be fulfilled by land which is under water or subject to periodic flooding. All minimum front, side and rear yard requirements shall be satisfied on dry land.

Section 19-4.13 Location of accessory uses.

[Ord. of 7-5-1983, § 1, 2; Ord. of 1-20-1987, § 1; Ord. of 6-20-1988, § 1]

(1) Unless otherwise provided, all accessory uses permitted in this Chapter shall be located either within the principal building or in any side or rear yard. Accessory parking areas for commercial uses, excluding mixed uses, can be located within front yards or front yard areas, provided that the principal and/or accessory structures maintain a minimum front yard setback of at least 100 feet. Unless otherwise specified and except as provided hereinafter, such uses shall be located not nearer than six feet to an adjoining property line.

(2) Off-street parking having access to a street or alley shall be provided and maintained according to the requirements of Section 19-4.3(11) of this Chapter. No parking or storage of motor vehicles shall be allowed in the front yard of any property located in an R-1, R-2, R-2A, R-3, R-3A or R-4 Zoning District, unless said front yard is crossed by a duly constructed driveway extending through such front yard to a garage, carport or properly surfaced parking area located beyond the front yard line. For uses requiring four or fewer parking spaces, said driveway shall be not less than eight feet nor more than 15 feet in width.

(3) Notwithstanding the prohibitions on parking in front yards set forth in Subsection (2) above, the Zoning Administrator may permit parking in the front yards of single-family residences upon satisfactory proof that:

(a) Fifteen percent or more of the residential properties on the same street block, at the time of application to the Zoning Administrator, have driveways located in the front yard which do not extend beyond the front yard line.

(b) It is not physically possible to provide access to and parking in the side or rear yard.

(c) The proposed driveway width will not be less than eight feet nor more than 10 feet in width.

(d) The lot width of the premises is less than 30 feet in width.

(4) Any accessory building attached to the principal building by means other than a breezeway or roofed passageway with open or latticed sides shall be considered as part of the principal building and shall comply with all requirements of this Chapter that are applicable to the principal building.

Section 19-4.14 Exceptions and modifications.

(1) The front yard or setback shall meet the minimum for that district, except that if the lot is between two lots with structures, each located nearer to the street line than the required front yard, the front yard on the subject lot need not exceed the average of those on the two adjoining lots.

(2) Height exceptions. The height limitations of this Chapter shall not apply to:

(a) Spires, belfries, cupolas and domes not for human occupancy; monuments, transmission towers, chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, provided that any television or radio aerial shall not be located nearer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than 220 volts.

(b) Bulkheads, elevator penthouses, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process requires greater height, provided that any such structures that are located on any roof and that exceed in height the limits in the particular district shall not in the aggregate occupy more than 20% of the horizontal area of the roof and are set back one foot from the edge of the roof for each additional foot in height greater than the specified height.

(c) All mechanical equipment necessary to operate building services, which equipment is located on the roof of a structure, shall be screened in a manner approved by the Planning Board.

(3) Projections and obstructions.

(a) Fences and walls. Except as provided in Section 19-4.12(5), on corner lots and except as otherwise provided hereinafter, fences and walls not exceeding eight feet in height may be erected or hedges maintained and planted on any lot line. No such fence, wall or ledge shall be permitted nearer than 10 feet to any wall or an adjoining building that contains legal windows. All walls and fences shall be substantially constructed and shall meet with the approval of the Building Inspector with respect to public safety. No hedges shall overhang the public street or sidewalk in such a manner as to interfere with pedestrian or vehicular traffic.

(b) Projecting parts of buildings. No cornice, eaves, sign, sill, belt course or similar projection shall extend more than six inches into any required yard, unless such obstruction is more than 10 feet above grade at all points, and even then it may not project more than 24 inches into a required yard. No covered porches, balconies, fire escapes or outside stairways shall encroach on any required yard or court. The provisions of this subsection shall not apply to uncovered terraces or porches with a floor level no higher than the building entrance.

(4) Erection of more than one principal structure on a lot. In any district where more than one principal structure is erected on any lot, the distance between such structures shall not be less than two times the dimensions of the required side yards, unless otherwise specified.

Section 19-4.15 Uniformity of exterior design and appearance of one-family and two-family dwellings.

It is the purpose of this section to prevent monotonous uniformity of structures in large residential developments.

(1) Except as provided below, no one-family or two-family dwellings in a subdivision shall be erected if it is like or substantially like any neighboring building then in existence or for which a building permit has been issued or for which a building permit is being sought. To be deemed unlike any such building, a proposed building shall differ therefrom in any two of the following design features:

(a) Roof type, must vary as to gable, flat, hip or peaked.

(b) The height of the main roof ridge or, in the case of a building with a flat roof, the highest point of the roof beams above the elevation of the first floor; height difference must be 24 inches or more.

(c) The length of the main roof ridge, or in the case of a building with a flat roof, the length of the main roof; the difference in length of the main roof ridge must be 48 inches or more.

(d) The width between outside walls at the ends of the building under the main roof at right angles to the length thereof.

(e) The relative location of windows in the front elevation or in each of both side elevations with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation.

(f) In the front elevation, both relative location with respect to each other of garage, if attached, and porch, if any.

(g) Set back from the street.

(2) For the purpose of this section, a building shall be deemed to be a neighboring building if the distance between such building and the subject building is not more than 200 feet and if both buildings front on the same street. In the case of semidetached dwellings, the above requirements shall apply to each separate structure. In the case of attached dwellings and in all cases where side yards are eliminated, the above requirements as to uniformity of design may be waived by the Planning Board.

Section 19-4.16 Cluster development.

(1) Purpose. It is the purpose of this provision to encourage flexibility and innovation in the design of residential development that cannot be achieved on many sites through adherence to traditional zoning and subdivision regulations. Further, the application of the cluster development technique is intended to achieve:

(a) Maximum reasonable conservation of land and creation of usable open space and recreation areas;

(b) Variety in type and cost of residential development, thus increasing the choice of housing types available to city residents;

(c) Preservation of trees and outstanding natural features and prevention of soil erosion; and

(d) A shorter network of streets and utilities and more efficient use of energy than would be possible through strict application of standard zoning.

(2) Applicability.

(a) A cluster development may be permitted in a R-1, R-2, R-3, R-4, R-5 or R-6 District upon approval of a special permit by the Planning Board in accordance with the requirements of Section 19-6.2 of this Chapter.

(b) In making its determination, the Planning Board must make a finding that the application of standard zoning to the subject site will not be consistent with the objectives set forth in this section. Specifically, the Planning Board shall take into consideration the open space benefits to be gained by the community; the specific design of the proposed development; the nature of the topography; and the purpose for which the open space is intended, whether it is to provide formal or informal recreation, provide scenic views or preserve a unique ecological area; the nature of the adjacent areas; and the proper screening and/or buffering of the units and/or homes from adjacent areas.

(c) The types of dwelling units permitted in the cluster development shall be limited to those permitted in the district in which the proposed development is located.

(3) Determination of density and zoning modifications. In addition to items specifically required in an application for a special permit, including site plan, the following shall be submitted by the applicant:

(a) A conventional subdivision plan conforming to all normally applicable requirements of the Poughkeepsie Zoning Ordinance and Subdivision Regulations[1] The Planning Board shall use such conventional plan as a basis for determining the maximum number of dwelling units to be permitted in the cluster development. In no case shall the total number of dwelling units to be approved by the Planning Board exceed the number permitted by the existing zoning of the site.

[1] Editor's Note: See this Chapter and Ch. 16, Subdivisions.

(b) A statement specifically setting forth the nature of the requested modification changes or supplementations of existing zoning provisions, the location of the open space, building plots, streets, trails, site easements and recreational facilities and any other additional information and requirements as determined necessary by the Planning Board.

(c) Nothing contained in this Chapter shall relieve the owner or his agent or the developer of a proposed development from receiving subdivision plat approval in accordance with the City Subdivision Regulations. The Planning Board may give consideration to a subdivision plat simultaneously with the special permit and may conduct a public hearing upon said subdivision plat concurrently with the conduct of a public hearing on the special permit and may approve, approve with modifications or disapprove either or both, separately or together. In this case the special permit application shall be accompanied by such other and additional data as is required by the Subdivision Regulations of the City of Poughkeepsie.

(4) Common areas.

(a) The Planning Board shall establish such conditions on the ownership, use and maintenance of common areas, including open space, as it deems necessary to assure the preservation of such areas for their intended purpose. Common areas and/or open space may either be dedicated to the city for use as a public facility, for passive recreational uses, visual amenity and/or nature study, retained by a condominium corporation or it may be deeded to a homeowners association comprised of the residents of the subdivision and reserved for their use or other mechanism acceptable to the City Council and Corporation Counsel.

(b) A cluster development shall be organized with one of the following for purposes of assuring maintenance of all common areas:

1. A condominium;

2. Any homes association approved as to form by the Corporation Counsel and by the City Council as to substance; or

3. Any other arrangement so approved by the Corporation Counsel as to form and the City Council as to substance as satisfying the intent of this Chapter. Any homes association approved by the City Council shall meet the following standards:

(i) The homes association shall be incorporated as a not-for-profit corporation under the Not-For-Profit Corporation Law of the State of New York; under a recorded land agreement, title to all common open space, recreational areas, garage or open air parking areas for the common use of residents of more than one single-family detached dwelling or of a group of attached houses, pedestrian ways, access roads and all other lands and structures for common use shall be vested in said homes association.

(ii) Every dwelling unit owner shall automatically become a member of said homes association and this requirement shall be placed in the deed to each unit and shall run with the land or dwelling, shall have a right and easement of enjoyment in and to the common area and shall be subject to a charge for a proportionate share of the expenses for the organization's activities, including the maintenance and operation of the common land and facilities. Each property shall be subject to a lien in the event of nonpayment by the owner thereof of his proportionate share of the expenses for the association's activities as aforesaid. Dedication of all common areas to the common use of all the owners of property in the development shall be recorded directly on the subdivision plat or site plan or by reference on the plat to a declaration of covenants, conditions and restrictions in a separately recorded document, in such fashion and by such instruments as shall reserve the title to the common property to the homes association free of any cloud of implied public dedication, and such deed restriction or covenant shall specifically prohibit any development for other than open space on the specified open land and/or conservation area and permit the developer to convey title to the areas to the homes association at an approved time and grant easements of enjoyment over the common area to the property owners.

(c) Prior to plan approval, the developer shall file with the City Council a performance bond to ensure the proper installation of all recreation and park improvements shown on the site plan and a maintenance bond to ensure the proper maintenance of all common lands until the homes association or other acceptable organization is established. The amount and period of said bond shall be determined by the Planning Board and the form, sufficiency, manner or execution and surety shall be approved by the Corporation Counsel and City Council.

(d) The charter or certificate of incorporation of such organization shall contain the following provisions, and notice of said provisions shall be specifically given in any brochure or prospectus issued by the developer, namely:

1. That such organization shall not be dissolved and shall not dispose of any common open space or other common elements, by sale or otherwise, except to an organization conceived and established to own and maintain such common open space and other common elements hereinabove referred to.

2. That, in the event that the organization established to own and maintain common open space or other common elements or any successor organization, shall at any time after title to such common land and other common elements is conveyed to it fail to maintain the common open space and other common elements in reasonable order and condition in accordance with the plan proposed, the city may serve written notice upon such organization or upon the residents of the development, setting forth the manner in which the organization has failed to maintain the common open space and other common elements in reasonable order and condition in accordance with the plan proposed, the city may serve written notice upon such organization or upon the residents of the development, setting forth the manner in which the organization has failed to maintain the common open space and other common elements in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon to be held within 45 days of the notice. At such hearing, the city may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said 30 days or any extension thereof, the city, in order to preserve the taxable values of the properties within the cluster development and to prevent the common open space and other common elements from becoming a public nuisance, may enter upon said common open space and other common elements and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space or other common elements except when the same is offered for dedication to the public by the owners and is accepted by the City of Poughkeepsie. Before the expiration of said year, the city shall, upon its own initiative or upon the request of the organization responsible for the maintenance of the common open space and other common elements, call a public hearing upon notice to such organization or to the residents of the development, to be held by the city, at which hearing such organization or the residents of the development shall show cause why such maintenance by the city shall not, at the election of the city, continue for a succeeding year. If the city shall determine that such organization is ready and able to maintain said common open space and other common elements in reasonable condition, the city shall cease to maintain said open space and other common elements at the end of said year. If the city shall determine such organization is not ready and able to maintain such common open space and other common elements in a reasonable condition, the city may, at its discretion, continue to maintain said common open space and other common elements during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the city in any such case shall constitute a final administrative decision, subject to review in accordance with the provisions of Article 78 of the Civil Practice Law and Rules.

3. That the cost of such maintenance by the city shall be assessed ratably against the properties within the cluster development that have a right of enjoyment of the common open space. In the event of the failure or refusal of the owners of such property to pay any such charges when due, the unpaid amount thereof shall become a lien against such property and, together with interest thereon from the due date thereof, shall be included in the annual tax levy of the city upon such property for each fiscal year, and the amount so levied shall be collected in the same manner as other city taxes.

(e) The City Council, in order to ensure that the open space will be used for its intended purposes, shall have the continuing right to impose building controls and restrictions over the use and maintenance of the land.

Section 19-4.17 Environmental quality review.

(1) Purpose. It is the purpose of these regulations to assure that consideration of environmental factors is incorporated into the planning and decisionmaking process at the earliest possible time. It is further the purpose of these regulations to assure that the procedure for such incorporation of environmental factors is achieved in a manner consistent with the New York State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law and 6 NYCRR 617).

(2) In order to execute and effectuate the purpose declared in this section, it is hereby declared that Article 8 of the Environmental Conservation Law and 6 NYCRR 617, as each may be amended from time to time, shall be implemented by the City of Poughkeepsie as its environmental review process.

(3) The Planning Board is delegated the authority to implement the provisions of this section as the lead agency, except with respect to actions involving more than one agency, in which case the procedures enumerated in Article 8 of the Environmental Conservation Law and 6 NYCRR 617 shall be used to determine lead agency status.

Section 19-4.18 Setbacks for uses abutting Fallkill Creek.

(1) Purpose. It is the intent of the Common Council to protect the Fallkill Creek from encroachment and to preserve, to the maximum practicable extent a linear open space along the length of the creek as it traverses the city for purposes of flood protection, aesthetics and recreation.

(2) Setbacks from creek.

(a) Any structure or use of land for other than parking, recreation or open space shall be located not nearer than 30 feet to the top of the banks of the creek as defined by the Director of Planning and Development (DPD), notwithstanding any other provision relating to yards and setbacks in a particular district.

(b) Where land along the creek is to be utilized for off-street parking, such parking area may be located nearer than 20 feet to the top of the banks of the creek as defined by the DPD.

(3) Surface drainage. Surface drainage for parking and loading areas shall be directed away from the creek.

(4) Landscaping and stabilization. All lands within the minimum stream bank setback area shall be landscaped and stabilized to assure that erosion will not occur. Plans for such landscaping and stabilization measures shall be approved by the Planning Board for all uses other than one- or two-family dwellings.

Section 19-4.19 Miscellaneous provisions applicable to all districts.

[Ord. of 4-7-1986, § 1; Ord. No. O-08-21, § 1]

(a) No glare from lighting from any principal or accessory use shall be visible beyond the property line.

(b) No loudspeaker or amplifying device shall be permitted which can be heard beyond the property line.

(c) No grading or excavation shall occur and no tree with a caliper of eight inches measured three feet from the base shall be cut prior to the issuance of a building permit or a change of use permit unless specific permission is granted by the Planning Board, pursuant to the site plan and review process.

(d) Repair of commercial vehicles or any other automotive repair in and adjacent to residential districts. The use of any premises in or adjacent to an R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A or PRD Zoning District for major and/or noisy automobile repair, between the hours of 7:00 p.m. and 7:00 a.m. is prohibited.

(e) Installation of permanent outdoor emergency generators. The following conditions are imposed on the issuance of building permits for permanently affixed outdoor emergency generators. Such building permits shall not be required for portable emergency generators that are not affixed to the ground.

(1) Prior to considering approval of a proposed outdoor location for the emergency generator system, the Building Inspector shall determine if the proposed system cannot reasonably be located within an existing fully enclosed building on the property;

(2) The system shall be located within required property setbacks;

(3) The system shall contain a noise muffler system and should be designed to minimize noise;

(4) The system shall be adequately screened with evergreen vegetation or an architectural enclosure to minimize its visibility from adjoining properties and the street, and such vegetation shall be maintained throughout the life of the system. Such vegetation shall meet the minimum screening recommendations established by the manufacturer of the system, if any; and

(5) The installer of the system shall obtain all required plumbing, electrical and Fire Department permits, if any.

Section 19-4.20 Restrictions applicable to mobile homes and modular homes.

[Ord. of 7-7-1986, § 2]

(a) Mobile homes. Mobile homes shall be prohibited in R-1, R-2, R-3, R-3A, R-4, R-4A and R-5 Zoning Districts as delineated on the official Zoning Map of the City of Poughkeepsie.

(b) Modular homes. Modular homes shall be authorized in any district where the proposed use is permitted, provided that:

(1) Modular homes shall be subject to the issuance of a special permit by the Planning Board, in accordance with the requirements of Section 19-6.2 of this chapter;

(2) The building footprint area of the modular home shall not be less than 2/3 of the average of the building footprint areas of residential structures on immediately adjoining lots fronting on the same street as the modular home;

(c) The height of the modular home shall not be less than 2/3 of the average height of residential structures on immediately adjoining lots fronting on the same street as the modular home;

(d) All other applicable requirements of this chapter pertaining to the proposed used shall be complied with; and

(e) The exterior appearance of the completed structure shall be such that its design is compatible with adjoining residential structures.

Section 19-4.21 Satellite dish antennas.

[Ord. of 8-3-1992, § 1]

(1) Approval process.

(a) The placement of a satellite dish antenna as an accessory use shall be permitted in all zoning districts, provided that said antenna is placed in the rear yard.

(b) A satellite dish antenna may be placed on the rooftop of a principal structure, provided that the applicant, at the time of submitting a building permit application, can demonstrate to the Zoning Administrator that:

1. Placement in the rear yard is impracticable.

2. The dish would not be visible from adjacent streets.

(2) Design standards. All satellite dish antennas shall be located, designed, constructed and installed in accordance with the following standards:

(a) Construction and installation of a satellite dish antenna requires the issuance of a building permit.

(b) Construction and installation of a satellite dish antenna shall conform to all applicable building codes and requirements.

(c) A ground-mounted satellite dish antenna shall be connected to its receiver by use of underground wiring.

(d) A satellite dish antenna shall not exceed 12 feet in diameter, nor shall it exceed 10 feet in height.

(e) A satellite dish antenna and any part of its mounting system shall maintain a setback, equal to its height, from all lot lines.

(f) A ground-mounted satellite dish antenna and its operating system shall be screened (ground view) from adjacent properties and streets. Screening shall be of permanent nature sufficient in height and bulk to adequately screen the operations.

(g) A satellite dish antenna, to the extent possible, shall blend in with its surroundings and background.

(h) Not more than one satellite dish antenna shall be permitted on any given lot and/or structure.

(3) Existing dishes. All satellite dish antennas which were constructed and installed prior to adoption of this section and which do not conform with the provisions listed above shall be accepted as nonconforming antennas for a period of three years. Thereafter, the satellite dish antenna shall be subject to immediate abatement via removal or through modification or relocation to comply with the provisions of this section.

Section 19-4.22 Student residences.

[Ord. of 11-21-1996, § 12; Ord. of 4-18-2005, § 1; Ord. No. O-08-22, § 1]

(a) Legislative findings. The Common Council of the City finds that there has been a proliferation of student residences in the City's residential neighborhoods, which have caused ongoing problems to the neighborhoods, including excessive noise, partying in the evening and early morning hours necessitating frequent police response, inadequate on- street parking, unsafe driving by students who are frequently intoxicated, underage drinking, urinating in public, profuse littering, inattention to City garbage, trash and debris ordinances and inadequate maintenance of garbage. Student residences, consequently, have a detrimental impact on residential living and property values. The Common Council further finds that the Police Department and Public Works Department are often stymied in their efforts to cite state law and City ordinances violations because the property owners of student residences are frequently absentee landlords and City departments are unable to ascertain and identify the tenant(s) or other responsible parties. This section seeks to address these ongoing problems, to promote and protect the public health, safety and general welfare of Poughkeepsie citizens and to preserve the climate of its residential neighborhoods by addressing the institutional atmosphere caused by oversaturation of areas with student residences and by providing a mechanism for City departments to ascertain the identity of tenants in the student homes. It is the intent of this section that any number of persons in excess of three would tend to create an institutional atmosphere.

(b) Requirements. Student residences may be authorized in existing residential structures in any R-3, R-3A, R-4, R-4A, R-5, R-6, C-2 and O-R Zoning Districts as delineated on the Official Zoning Map of the City of Poughkeepsie,[1] subject to the following requirements:

(1) The owner shall make application for approval for a student residence on forms available from the Zoning Administrator/Building Inspector, with an application fee of $50.

(2) A student residence shall be located in existing dwelling units in buildings containing one, two, three or four dwelling units, except such limitation shall not apply in the C-2 Zoning District.

(3) Except in the C-2 Zoning District, no student residence shall be occupied by more than three persons.

(4) One off-street parking space shall be provided for every bedroom in a student residence. This requirement may be waived, upon application to the Zoning Administrator, provided that the student residence is within 1,320 feet of a municipally operated off-street parking facility or privately owned parking area.

(5) An inspection of the premises shall be conducted by the Building Department for the purposes of verifying information provided. The Building Department shall also inspect the premises for compliance with applicable codes (such as, but not limited to, the City of Poughkeepsie Zoning Ordinance, the City of Poughkeepsie Minimum Housing Standards Ordinance,[2] the New York State Multiple Residence Law and the New York State Property Maintenance Code). There will be an annual inspection fee of $100 per building.

[2] Editor's Note: See Ch. 12, Housing, Art. III, Minimum Standards.

(6) In no instance shall the approval of a dwelling unit for use as a student residence be deemed to change the underlying use of the unit. In the event that a previously approved unit is not occupied as a student residence for a period in excess of two college semesters, the approval shall be deemed to have expired.

[1] Editor's Note: The Zoning Map is on file in the office of the Zoning Administrator.

(c) Following approval for the use of an existing dwelling unit as a student residence, the owner shall register the student residence with the office of the Zoning Administrator/Building Inspector prior to actual occupation of the unit, and thereafter on an annual basis as long as the student residence continues on the premises. The owner must complete a form, available from the Zoning Administrator, with the following information:

(1) Address of residence.

(2) Owner of record.

(3) Owner's home address.

(4) Owner's home phone and/or twenty-four-hour emergency phone number.

(5) Name and address and twenty-four-hour emergency phone number of property manager or agent, if different than owner.

(6) Number of dwelling units in building.

(7) Number of unit(s) within the building occupied as student residence and the individual unit number, if applicable.

(8) Number of off-street parking spaces provided.

(9) Number of persons in occupancy in each unit.

(10) Names of persons in occupancy in each unit and name of college.

(11) Primary phone number for student residence if available.

(12) Individual phone numbers for persons occupying residence (if available).

(d) Said registration shall be updated by the owner within 30 days of any change(s) in occupancy by students.

(e) List of approved student residences.

(1) The Zoning Administrator/Building Inspector shall maintain a list of all approved student residences, and a file on each student residence, such file to contain:

a. The approved application for student residence, with required attachments.

b. The completed registration form.

c. Annual inspection report.

d. Parking waiver, if applicable.

(2) The Zoning Administrator/Building Inspector shall provide a copy of the list of approved student residences to the City Administrator, the Police Department and the Fire Department. Further, a copy of the completed registration form for each student residence shall be provided to the Police Department.

(f) Revocation of registration.

(1) The Zoning Administrator/Building Inspector may revoke the registration for any student residence theretofore approved in the following instances:

a. Where he/she finds that there has been any false statement or misrepresentation as to a material fact in the application; or

b. Where he/she finds that the operation of the student residence is in violation of any provision of this article or any other law of the State of New York or local laws or ordinances relating to the premises or activities being conducted therein.

(2) Whenever any registration shall be so revoked, no refund for the registration shall be made, and no registration shall be granted to any person whose registration has been revoked, within a period of two years from the date of such revocation.

(g) Notwithstanding any other provisions of this chapter, including the provisions in Section 19-5.1 of this chapter, a lawful use of a building existing at the time of the effective date of this section may continue although such use does not conform to the requirement specified in Subsection 19-4.22(b). However, said prior legal nonconforming use shall be made to conform to the requirements of Section 19-4.22(b) upon the sale of the subject property or within a period of one year after the effective date of this section, whichever occurs sooner.

(h) The sections and subsections of this action are severable, and if any phrase, clause, sentence, paragraph, subsection or section shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and subsections of this section.