[1]
This article covers a number of items that are applicable
to all or substantial portions of the City.
[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.
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.
[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:
(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.
(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.
[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)
ALTERATION
(a)
(b)
(c)
(d)
(e)
(f)
BUILDING
CERTIFICATE OF APPROPRIATENESS
COMMISSION
COMPATIBLE
CONTRIBUTING PROPERTY IN A HISTORIC DISTRICT
DEMOLITION
EXTERIOR ARCHITECTURAL FEATURE
HISTORIC DISTRICT
IMPROVEMENT
LANDMARK
NONCONTRIBUTING PROPERTY IN A HISTORIC DISTRICT
OBJECT
ORDINARY REPAIRS AND MAINTENANCE
OWNER
REMOVAL
SITE
STRUCTURE
Definitions.
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:
Exterior changes to or modifications of structure, architectural
details or visual characteristics such as paint color and surface
texture;
Grading or surface paving;
Construction of new structures;
Cutting or removal of trees and other natural features;
Disturbance of archaeological sites or areas; and
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.
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.
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.
The Historic Preservation Commission created pursuant to
this section.
Capable of existing together in harmony (harmonious, consistent).
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.
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.
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.
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.
Any structure, building, fixture, object or feature which,
in whole or in part, constitutes an exterior or public interior betterment
of any real property.
A building, district, site, structure, or object significant
in American history, architecture, engineering, archaeology or culture
at the national, state, or local level.
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.
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.
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.
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.
Any relocation of an improvement and/or landscape feature
on its site or to another 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.
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.
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(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.
(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:
(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:
(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.
[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)
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BUILDING
CELLAR
CRAWL SPACE
DEVELOPMENT
ELEVATED BUILDING
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION STUDY
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)
(2)
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOCAL ADMINISTRATOR
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
MOBILE HOME
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
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.
A request for a review of the local administrator's interpretation
of any provision of this section or a request for a variance.
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.
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."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That portion of a building having its floor subgrade (below
ground level) on all sides.
See "structure."
Has the same meaning as "basement."
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.
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.
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.
The federal agency that administers the National Flood Insurance
Program.
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.
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.
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.
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.
See "flood elevation study."
"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.
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
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.
Has the same meaning as "regulatory floodway."
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.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
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.
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.
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.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
Has the same meaning as "manufactured home."
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.
Has the same meaning as "base flood."
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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.
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.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
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.
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:
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
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
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.
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.
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:
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:
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:
2.
Such notification shall be maintained with the record of all
variance actions as required in Subsection (d)(10) of this section.
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)
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.
[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)
AWNING
AWNING SIGN
BILLBOARD AND OFF-PREMISES SIGN
CANOPY
CANOPY SIGN
CHANGEABLE COPY SIGN
DIRECTIONAL SIGN
ELECTRONIC MESSAGE DISPLAY
FLAG SIGN
FOOTCANDLE
FREESTANDING SIGN
ILLUMINATION
INFLATABLE SIGN
MARQUEE
NEON SIGN
NONCOMMERCIAL SIGN
NONCONFORMING SIGN
PENNANT/STREAMERS
POLITICAL SIGN
PROJECTING SIGN
ROOF SIGN
SIGN
SIGN AREA
TELEVISION DISPLAY SIGN
TEMPORARY SIGN
THREE-DIMENSIONAL SIGN
VEHICULAR SIGN
VERTICAL BLADE SIGN
WALL SIGN
WINDOW SIGN
WORD
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.
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.
Any sign painted on, or applied to, an awning.
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.
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.
Any sign painted on, or applied to, a canopy.
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.
Signs designed to provide direction to pedestrian and vehicular
traffic into and out of, or within, a site.
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.
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.
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.
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.
|
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).
|
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.
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.
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.
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.
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.
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.
A noncommercial sign concerning candidates for public office
or ballot issues in a primary, general, municipal, or special election.
A building-mounted, double-sided sign with the two faces
generally perpendicular to the building wall.
Any sign erected on or attached to a roof or a sign attached
to a building that projects above the cornice line.
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.
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.
 |
A sign that contains electronic video displays intended to
emit television-quality video.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
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:
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:
(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.
(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.
(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.
(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.
(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.
[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.
(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.
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.
(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.
(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.
(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.
(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.
[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.
[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.
[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:
(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.
[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.
(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:
(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.
