The following standards are applicable to all uses.
The following general performance standards shall apply to all
uses:
A.
No offensive or objectionable vibration or glare shall be noticeable
at or beyond the property line.
B.
No activity shall create a physical hazard by reason of fire, explosion,
radiation or other such cause to persons or property in the same or
in an adjacent district.
C.
There shall be no discharge of any material of any nature into any
stream or body of water or any public or private disposal system,
or into the ground which may contaminate any water supply.
D.
There shall be no storage of any material either indoors or outdoors
in such a manner that it facilitates the breeding of vermin or endangers
health.
E.
The emission of smoke, fly ash, dust or other airborne material which
can cause damage to the health of persons, animals, plant life or
to other forms of property is prohibited. This provision is not intended
to regulate or prohibit the customary use of residential fireplaces,
wood-burning stoves, coal-burning stoves or smokehouses.
[Amended 8-17-1987 by L.L. No. 1-1987; 5-16-1994 by L.L. No.
2-1994]
A.
Fences, the highest point of which are not more than four feet six
inches above established, finished grade, shall be allowed along or
within the side and rear boundary lines of residential properties,
from the front building setback to the rear of said premises. Any
erection of fences in front yards, forward of the front building setback,
shall be allowed only by approval of the Zoning Board, which shall
consider traffic safety and existing neighborhood character before
deciding on any such application. Any approval by the Zoning Board
must be based upon competent proof that said front fence shall be
erected along, on or within property lines of the applicant's
real property.
B.
Fences or walls shall not be constructed of barbed wire or other
such hazardous material.
C.
No accessory use or structure (except fences) shall be located in
the front yard.
In all districts, the keeping of dogs, cats or other customary
household pets is permitted, provided that the number of such pets
does not exceed five over six months old.
All swimming pools, whether operated for profit or as a private
accessory use, shall comply with the following requirements:
A.
No pool shall be located in any required front or side yard.
B.
Any pool shall be enclosed on all sides by a fence or a wall of at
least four feet in height and not to exceed six feet at its highest
point above the established finished grade. An aboveground pool with
walls at least four feet in height and having retractable stairs which
can be locked in place or otherwise secured does not require a fence
or wall.
[Amended 5-16-1994 by L.L. No. 2-1994]
Off-street parking spaces shall be provided subject to the following
provisions:
A.
Required off-street parking spaces.
|
Use
|
At Least One Space for Each
| |
|---|---|---|
|
Dwellings
|
Dwelling unit1
| |
|
Village inns/hotels
|
Guest room plus 1/3 space for each employee for inns having
over 15 rooms
| |
|
Motels
|
Guest room plus 1/3 space for each employee
| |
|
Churches or other places of public assembly
|
3 seats or 50 square feet of seating area where fixed seating
is not provided
| |
|
Schools
|
12 classroom seats or the public assembly requirements above,
whichever is greater
| |
|
Home occupations
|
First 75 square feet of such use, plus 1 for each additional
75 square feet or fraction thereof
| |
|
Commercial outside MU District
|
235 square feet of gross floor space
| |
|
Offices outside MU District
|
150 square feet of usable office space
| |
|
Eating and drinking places outside MU District
|
50 square feet available to patrons
| |
|
Funeral homes
|
20 square feet of public room area
| |
|
Industrial uses
|
1.5 employees at the largest shift
| |
|
Boat clubs or marinas
|
1.5 for each 40 linear feet of floating dock plus 1 space for
every 1.5 employees
|
|
NOTES:
| ||
|---|---|---|
|
1
|
All two-, three-, four- and multiple-family dwellings shall
provide 1.5 spaces per dwelling unit.
| |
B.
Reasonable and appropriate off-street parking requirements for structures
and uses not specifically designated in these regulations shall be
determined by the Planning Board upon consideration of all factors
entering into the parking needs of the proposed structure or use.
With the exception of Village inn/hotel and funeral home, there are
no parking requirements for any use in the Mixed-Use District.
C.
Areas which may be computed as open or enclosed off-street parking
spaces include any private garage, carport or other area available
for parking other than a street or driveway. A driveway within a required
front yard for a one- or two-family residence may count as one parking
space.
D.
Each parking space in a parking lot shall be a minimum of 10 feet wide by 20 feet deep and shall be served by an aisle not less than 20 feet wide for a one-way circulation flow or 24 feet wide for a two-way circulation flow. Entrance and exit lanes shall not be computed as parking space, except for driveways of one- and two-family residences, as in Subsection C above.
E.
Except in the Waterfront District, and in the case of a one- or two-family
residence using the driveway to provide one parking space, no parking
shall be allowed in the required front yard of any use in any district.
F.
Unobstructed access to and from a street shall be provided. Access
drives shall be of sufficient width to permit the free flow of cars
both entering and leaving the parking area. Access drives for any
off-street parking area with a capacity of more than four spaces shall
be located in a manner which ensures traffic safety and shall be subject
to review by the Planning Board. Access drives shall not have a grade
in excess of 6% within 25 feet of any street line nor 10% of any other
point.
G.
All parking areas shall be properly drained and all such areas, except
for parking spaces accessory to a one- or two-family dwelling shall
be provided with a dustless surface. Individual spaces shall be designated
by striping. No service of any kind shall be permitted to be extended
to users of the lot, including automobile service, repair or fueling,
and no gasoline, oil, grease or other supplies shall be stored or
sold in any such lot or in any garage on such lot.
H.
All parking areas for more than four cars shall be provided with
year-round screening. Generally, such screening shall be six feet
in height, and if composed of plants, shall not be less than three
feet in height, capable of reaching six feet in height at maturity.
Parking areas for more than 20 cars shall be provided with landscaped
areas amounting to an aggregate minimum of 10% of the total paved
area of the parking lot. These landscaped areas are required in addition
to the year-round screening at the periphery of the parking area,
shall be provided wholly within the paved parking area and shall be
adequately distributed and maintained.
I.
Landscape plantings and screening shall be properly maintained and
promptly replaced if dead or damaged.
[Added 9-24-2001 by L.L. No. 1-2001]
A.
Legislative intent. The outdoor storage of abandoned, junked, discarded
and unlicensed motor vehicles on privately owned property within the
Village of Castleton-on-Hudson is detrimental to the health, safety
and general welfare of the community. The same also constitutes an
attractive nuisance to children and, in many ways, imperils their
safety. Such storage is unsightly and depreciates property values.
The outdoor storage of abandoned, junked, discarded and unlicensed
motor vehicles on privately owned properties within the Village of
Castleton-on-Hudson is therefore regulated for the preservation of
the health, safety and general welfare of the community.
B.
ABANDONED MOTOR VEHICLE
DAYS
DISCARDED MOTOR VEHICLE
JUNKED MOTOR VEHICLE
MOTOR VEHICLE
OWNER OF MOTOR VEHICLE
OWNER OF PRIVATE PROPERTY
PREMISES
SUITABLE SCREENING
UNLICENSED MOTOR VEHICLE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The intent of the owner of a motor vehicle not in use shall
establish it as "abandoned." The intent of the owner shall be determined
by the physical condition of the motor vehicle, his statements as
to its abandonment, the length of time since the motor vehicle has
last been used on the public highway, whether the motor vehicle is
currently licensed and other relevant facts and, with respect to a
vehicle not required to be licensed or a motor vehicle not usually
used on the public highways, the length of time since it was last
used for the purpose intended, any statements as to its abandonment
by the owner and other relevant facts.
Working days, when referenced with regard to days of notice
prior to the next action being taken.
Any motor vehicle which the owner thereof, as established
by the surrounding circumstances, does not intend to recover the possession
of or any motor vehicle the owner of which cannot be found after reasonable
inquiry.
Any motor vehicle in such condition as to cost more to repair
and place in operating condition than its reasonable market value
at the time before such repairs.
Every vehicle operated, driven or capable of being operated
or driven upon a public highway by any power other than muscular power.
For the purposes of this section, "motor vehicle" shall include tractors
used exclusively for agricultural purposes, self-propelled harvesting
machines and self-propelled caterpillar or crawl-type equipment. For
the purpose of this section, the term "motor vehicle" shall also include
motorcycles, buses and trailers, and equipment on wheels, including
but not limited to generators and compressors.
The person having the ownership of or title to a motor vehicle,
including a person entitled to the use and possession of a motor vehicle
subject to a security interest in another person and also including
any lessee or bailee of a motor vehicle having the use thereof under
lease or otherwise.
Includes the legal owner, contract purchaser, tenant, lessee,
occupant, undertenant, receiver or assignee of premises or property
located within the Village of Castleton-on-Hudson.
Includes all parcels of real property situated in the Village
of Castleton-on-Hudson, whether occupied or vacant, irrespective of
size or topography.
Fencing or natural planting or covering, the use of which
blocks the view of the car from the street or contiguous property
owners.
Any motor vehicle which has not been licensed with the proper
authorities for a period of at least 180 days from the expiration
of the last licensing period.
C.
Exclusions.
(1)
This section shall not be construed to prohibit the renovating
and restoration of a motor vehicle which is or could be classified
as historic by or under the provisions of the Vehicle and Traffic
Law of the State of New York or any regulations promulgated by the
Commissioner of Motor Vehicles of the State of New York; provided,
however, that such vehicle shall be subject to the following regulations:
(a)
Such vehicle shall be surrounded with suitable screening or
fencing so as to prohibit the same from being visible from the street
or contiguous property owners.
(b)
Such vehicle shall not be located in a front yard.
(c)
No more than one such vehicle shall be stored on any separate
property in any zone within the Village of Castleton-on-Hudson.
(d)
To be eligible for this exclusion, the property owner must apply
for a permit from the Village Code Enforcement Officer or his duly
authorized representative to store such vehicle, using an application
form approved by the Village Board. Such permit shall be granted for
a one-year period. Such permit may be renewed for additional one-year
periods upon submitting the same application.
(2)
One motor vehicle owned by a person in active military service
of the United States shall be exempt from the provisions of this section
if said motor vehicle is otherwise in operating condition and eligible
for registration. This exemption is valid for a period of one year
and may be extended by one year upon determination by the Code Enforcement
Officer or his duly authorized representative that continuation would
be warranted due to continued military duty.
D.
Outdoor storage of junked, abandoned, discarded or unlicensed vehicles
prohibited.
(1)
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant or otherwise of property
within the Village of Castleton-on-Hudson, to store or deposit, or
cause or permit to be stored or deposited, an abandoned, junked or
discarded motor vehicle, or part or piece thereof; on any private
property within the Village of Castleton-on-Hudson unless:
(2)
It shall also be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant or otherwise of any
private property within the Village of Castleton-on-Hudson, to store
or deposit, or cause or permit to be stored or deposited thereon,
an unlicensed motor vehicle unless:
(a)
Such motor vehicle is the inventory or part of the inventory
of a new or used motor vehicle dealer located in compliance with the
ordinances and local laws of the Village of Castleton-on-Hudson.
(b)
Such motor vehicle has been converted to and is actually used
as a permanent building or structure for carrying on purposes in such
manner and circumstances as authorized by the local laws or ordinances
of the Village of Castleton-on-Hudson.
(c)
Such motor vehicle is a camper, house or boat trailer otherwise
stored and used in compliance with the local laws and ordinances of
the Village of Castleton-on-Hudson.
E.
Notice of violation; failure to comply.
(1)
The Code Enforcement Officer or his duly authorized representative
shall serve written notice, either personally or by registered, certified
or ordinary mail, upon the owner, occupant or person having charge
of any such private property to comply with the requirements of this
section. The Code Enforcement Officer or his duly authorized representative
shall determine ownership of any parcel of land in the Village of
Castleton-on-Hudson from the current assessment rolls of the Village.
The Code Enforcement Officer or his duly authorized representative
will, as a courtesy, send a first notice to the owner listed on the
current assessment rolls in substantially the following form:
|
"Pursuant to Local Law No. 1 of 2001, you are in violation of
Section 4, which states: "It shall be unlawful for any person, firm
or corporation, either as owner, occupant, lessee, agent, tenant or
otherwise of property within the Village of Castleton-on-Hudson, to
store or deposit, or cause or permit to be stored or deposited, an
abandoned, junked or discarded motor vehicle, or part or piece thereof;
on any private property within the Village of Castleton-on-Hudson."
| |
|
Formal notices will be sent two weeks from this date if said
vehicle(s) is still present. Any and all steps will be taken pursuant
to the provisions of Local Law No. 1 of 2001 to ensure compliance
with this law.
|
(2)
If such courtesy notification is ignored and/or compliance is
refused, a notice of violation will be served upon the owner, occupant
or person having charge of any such property, either personally or
by certified mail. Such notice will be in substantially the following
form:
|
The Village of Castleton-on-Hudson assessment rolls indicate
that you are the owner, occupant or person having charge of land within
the Village of Castleton-on-Hudson briefly described as follows: (Describe
address here)
| |
|
Notice is hereby given that an abandoned, junked, discarded
or unlicensed motor vehicle(s) or parts thereof have been deposited
or are being stored on the above described property in the Village
of Castleton-on-Hudson in violation of Local Law No. 1 of 2001. This
vehicle(s) or parts thereof must be removed therefrom within 10 days
from the date of this notice. In case you fail or refuse to comply
with this notice on or before the expiration of said 10 days from
the date of this notice, an appearance ticket will be issued to you
by personal service or registered mail to come before a Hearing Board
of the Village of Castleton-on-Hudson, at _____ o'clock _____
m., on the _____ day of _____ 20_____, at which time a hearing will
be held to determine why the Village of Castleton-on-Hudson, acting
through its duly authorized agents, servants, officers and employees,
should not enter upon the said property and remove and cause the said
motor vehicle(s) to be destroyed.
|
(3)
If the Code Enforcement Officer or his duly authorized representative
is unable to determine ownership or address of the owner of said private
property, such notification may be made by publishing same in the
official newspaper of the Village for two consecutive weeks. The notice
shall be in substantially the following form:
|
To the owner, occupant or person having charge of land within
the Village of Castleton-on-Hudson briefly described as follows: (Describe
address here)
| ||
|
NOTICE IS HEREBY GIVEN that an abandoned, junked, discarded
or unlicensed motor vehicle(s) or parts thereof is stored or deposited
on the above-described property in the Village of Castleton-on-Hudson.
This vehicle(s) or parts thereof must be removed therefrom within
24 days from the first publication date of this notice.
| ||
|
If such motor vehicle(s) or parts thereof is not removed on
or before the expiration of said 24 days from the first date of this
notice served on you by publication, you will be summoned to appear
before a Hearing Board of the Village of Castleton-on-Hudson, New
York, at _____ o'clock _____ m., on the _____ day of _____ 20_____,
at which time a hearing will be held to determine why the Village
of Castleton-on-Hudson, acting through its duly authorized agents,
servants, officers and employees, should not enter upon the said property
and remove and cause the said motor vehicle(s) to be destroyed. In
the event the Hearing Board of the Village of Castleton-on-Hudson
directs that said motor vehicle be removed and destroyed, the expense
incurred by the Village of Castleton-on-Hudson shall be assessed against
said property and shall constitute a lien thereon and be collected
in the manner provided by law.
| ||
|
Dated:
|
Code Enforcement Officer
Village of Castleton-on-Hudson, New York
| |
F.
Hearing after failure to remove. In the event an abandoned, junked,
discarded or unlicensed motor vehicle is not removed as prescribed
above, a Hearing Board, to consist of the Mayor and two trustees of
the Village Board, the Mayor to act as Chairperson thereof, shall
hold a public hearing on the date and at the time specified in the
notice, at which hearing the persons interested may be heard concerning
the removal of said motor vehicle. After said persons are heard, the
hearing shall be closed and the Hearing Board shall determine whether
said motor vehicle has been abandoned, junked or discarded in violation
of this section. It shall also determine whether or not said motor
vehicle is unlicensed. In the event of such a determination, the Hearing
Board may issue an order directing the removal and destruction of
said motor vehicle, and the Hearing Board may also cause the expense
thereof to be assessed against the property described in the notice,
all in the manner provided by law.
G.
Record of hearing. The hearing officer shall keep a written summary
of testimony and a copy of every notice or order, records of appearances,
findings of fact and final determination, and such record shall be
maintained as a public record. Minutes of every hearing shall be made
and filed in the offices of the Mayor. Such minutes shall be made
available to any person requesting the same upon payment of a reasonable
charge for copying pursuant to law. A copy is to be furnished to the
person summoned to the hearing, upon request, free of charge.
H.
Penalties for offenses.
(1)
Any person committing an offense against any provision of this
section shall be guilty of a violation punishable as follows: by fine
not exceeding $50 for the first offense; a fine not exceeding $150
for the second offense; a fine not exceeding $250 for the third and
subsequent offenses.
(2)
The continuation of an offense against the provisions of this
section shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder from the date determined for
removal as a result of the hearing.
Off-street loading berths, open or enclosed, are permitted as
accessory to any use (except one- or two-family dwellings), subject
to the following provisions:
A.
Loading requirements. Accessory off-street loading berths shall be
provided for any use specified herein. 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. Reasonable
and appropriate off-street loading requirements for structures and
uses which do not fall within the categories listed herein shall be
determined by the Planning Board upon consideration of all factors
entering into the loading needs of each such use.
(1)
For a public library, museum or similar quasi-public institution
or governmental building, community center, hospital or sanitarium,
nursing or convalescent home, institution for children or the aged
or school:
(2)
For buildings with professional, governmental or business offices,
or laboratory establishments:
(a)
If floor area is less than 8,000 square feet: none.
(b)
If floor area amounts to between 8,000 and 25,000 square feet:
one berth.
(c)
For each additional 25,000 square feet or fraction thereof up
to 100,000 square feet: one additional berth.
(d)
For each additional 50,000 square feet or major fraction thereof:
one additional berth.
(3)
For retail sales and service establishments:
(4)
For motels, hotel or similar establishments: one berth for each 25,000
square feet of floor area or major fraction thereof.
(5)
For manufacturing, wholesale and storage uses, and for dry-cleaning
and rug-cleaning establishments and laundries: one berth for each
10,000 square feet of floor area or less, and one additional berth
for each additional 20,000 square feet of floor area, or major fraction
thereof, so used.
(6)
For multiple dwellings in structures with a height of over 2 1/2
stories: one berth for each structure or each 150 dwelling units or
major fraction thereof, whichever results in the lesser number.
B.
Size of spaces. Each required loading berth shall be at least 12
feet wide, 33 feet long and 14 feet high.
C.
Location and access. Unobstructed access at least 10 feet wide to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection D. Entrances or exits for any loading area shall be located to assure safe access and shall be subject to Planning Board review. No off-street loading berth shall be located in any front yard.
D.
Joint facilities. Permitted or required loading berths, open or enclosed,
may be provided in spaces designed to serve jointly two 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.
The purpose of this section is to promote and protect the public
health, safety and welfare by regulating the erection, construction,
repair, structural alteration and maintenance of existing and proposed
outdoor advertising, outdoor advertising signs, window signs for outdoor
viewing and outdoor signs of all types within the Village of Castleton-on-Hudson.
It is intended to protect property values, create a more attractive
economic and business climate and enhance and protect the physical
appearance of the community. It is further intended to reduce distractions
and obstructions which may contribute to traffic accidents, reduce
hazards caused by signs overhanging or projecting over the public
right-of-way, provide more open space and curb the deterioration of
natural beauty and community environment. The intent of this section
is to achieve these goals by authorizing signs which are compatible
with their surroundings; appropriate to the type of activity to which
they pertain; expressive of the identity of individual proprietors
or of the community as a whole; and legible in the circumstances in
which they are seen.
A.
General.
(1)
No sign, advertising display or structure, poster or device shall be erected, moved, enlarged or reconstructed, except as expressly permitted in this chapter and upon issuance of a sign permit by the Building Inspector, except as provided in Subsection B(1) below.
(2)
Where an attached sign has a color similar to the structure, the
area of an attached sign shall be determined by the smallest rectangle
that encompasses all the letters or symbols that make up the sign.
The area of all signs, including attached signs which have a background
of a different material and/or color from the general finish of the
building, shall be determined by measuring the outer edge of the sign
face which encloses all those elements of the sign which form an integral
part of the display.
(3)
Signs shall at all times be maintained in good repair.
(4)
No sign shall create a traffic or pedestrian hazard by reason of
its shape, method and direction of illumination or location.
(5)
Signs shall not attempt or appear to regulate, warn or resemble official
traffic signs, signals or devices.
(6)
With the exception of time and temperature information signs, signs
shall not move or flash or include any device on which the artificial
light is not maintained stationary and constant in intensity and color
at all times.
(7)
The outlining by direct illumination of all or part of a building,
such as a gable, roof, wall, side or corner is prohibited, except
during the Christmas season. This provision shall not be construed
to prohibit the decorative lighting of religious and public buildings.
(8)
No sign except for window graphics described in this section, shall
cover any window, nor shall any sign block a door or fire exit.
(9)
No wall-mounted sign shall extend above the roofline of any building.
(10)
Billboards are prohibited in all districts.
(11)
The provisions of this section shall not apply to safety signs,
public road signs, historical markers or highway directional signs
erected by municipal or public agencies. However, no sign shall create
a public hazard.
B.
Temporary signs.
(1)
Temporary signs, such as campaign posters, banners, promotional devices
and other signs of a similar nature, including church, school, municipal
or other nonprofit functions, may be displayed in all districts 30
days in advance of the advertised activity, and must be removed promptly
upon fulfillment of their function. No permit is required for these
signs.
(2)
Within the Mixed-Use District, temporary window graphics such as
those advertising sales, special promotions and the like may occupy
25% of the total window area and are not counted toward the total
sign area allowed.
(3)
No temporary sign shall exceed 32 square feet nor be located in any
manner which creates a public hazard or disturbance.
(4)
Temporary, nonilluminated "for sale" real estate signs shall be located
on the premises which they advertise. In all districts, except the
I Industrial District, a real estate sign shall not exceed four square
feet. Two signs are permitted, and no sign shall be closer than 15
feet to any property line. In the I Industrial District, one real
estate sign is permitted and shall be no larger than 32 square feet.
No sign shall be closer than 15 feet to any property line.
(5)
Artisan's signs such as those of painters, roofers, restoration/rehabilitation
contractors may be erected and maintained on a premises during the
period of time such persons are performing the work on the premises,
provided that:
C.
Home occupations. One nonilluminated sign located on the premises
one square foot in area may be erected to identify the home occupation.
The sign may show the name and occupation of the resident and any
appropriate graphic or logo, and may be located in the front yard,
provided that its location does not pose a traffic hazard. No sign
shall be located in a required side yard.
D.
Bulletin board or announcement signs for educational and religious
institutions regardless of district designation. One bulletin board
or other announcement sign for educational or religious institutions
not exceeding 12 square feet is permitted. The sign shall be located
either on, or adjacent to the wall of the building, or in the required
front yard, provided that the sign is no closer than 15 feet to any
property line.
E.
Signs in the Mixed-Use District.
(1)
Signs may be attached to the face of the building, hung perpendicular
to the face of the building or painted on the windows of the business
in accordance with the following guidelines:
(a)
If attached to the face of the building, signs shall not exceed
two feet in height nor 60% of the length of the wall upon which it
is attached. Such signs shall be attached parallel to the face of
the building, and must be displayed entirely between the floor line
and the ceiling line of the floor containing the business. No part
of the sign, including any illumination, shall project beyond the
building in any direction, nor more than 12 inches from the face of
the building.
(b)
If a sign is attached perpendicular to the face of the building,
its dimensions shall not exceed three feet in width by three feet
in length. Perpendicular signs shall not be directly illuminated.
Perpendicular signs shall have a clearance of 8 1/2 feet and
may project out from the building for four feet or 1/3 the sidewalk
width, whichever is less. In instances where the sign can be hung
in such a manner that it is protected by a pedestrian barrier such
as a railing, wall, planter or similar barrier (not erected on the
public right-of-way) and will not pose a hazard to pedestrians, it
may be hung with less than a clearance of 8 1/2 feet.
(c)
Permanent graphics painted on a window may occupy 50% of the
total window area of a premises if not painted on background color.
If painted on a background color, such sign shall occupy no more than
20% of the total window area. If more than one business or professional
office is located on a premises, each may have a window sign which
occupies 20% or 50% of the window area, depending upon use of background
color of that part of the premises which it occupies.
(2)
The total sign area allowed per business shall be determined by the
formulas for the type of sign selected (perpendicular, parallel, window)
for that business. If a first floor premises chooses a parallel sign
or window graphics, a perpendicular sign may also be displayed, provided
that:
(a)
The maximum nine-square-foot area permitted for the perpendicular
sign is subtracted from the sign area allowed for a parallel sign
or window graphics; and
(b)
A retractable awning will not be used.
[1]
In buildings where upper floors are occupied for business or
professional offices, such business or professional offices may display
window graphics as allowed under these regulations.
[2]
In addition, individual name plates, not to exceed five inches
by 12 inches, may be attached in a coordinated manner located on the
first floor to identify business located on the upper floors.
[3]
Wording or symbols to identify a business may be included on
a retractable awning or on a banner or flag and shall not be included
in the calculation of the total sign area allowed to that business.
Banners or flags shall comply with the standards set forth for perpendicular
signs. Banners and flags shall also be located in such a manner that
they do not pose public safety hazards by interfering with public
utility lines or utility connections to buildings, fire escapes, etc.
F.
Signs in the Industrial District.
(1)
The total number of signs permitted for industrial uses in the Industrial
Zone is two. One sign may be freestanding, provided that it is no
closer than 20 feet to any property line.
(a)
The total cumulative area of all signs permitted on a lot, excluding
on-site directional or public safety signs, shall be calculated at
the rate of one square foot of sign area per linear foot of building
front, plus 1/4 square foot per linear foot of minimum required setback
of the principal building on the property.
(b)
A minimum total sign area of 32 square feet shall be permitted,
regardless of building frontage.
(c)
A freestanding sign shall not exceed 12 feet in height above
the grade of the center line of the road upon which the property has
frontage. The height shall be measured vertically from the established
center line road grade in a direct line from the proposed location
of the freestanding sign to the highest point of the sign, including
supporting structures. In no event shall the location or design of
a freestanding sign interfere with traffic or pedestrian safety.
(d)
Masonry-type wall signs shall not exceed four feet in height
and shall not be placed so as to interfere with a driver's vision
of other traffic.
(2)
For a specifically allowed commercial use within the Industrial District,
one freestanding sign is permitted, in addition to any directional
signs the Planning Board may require, subject to site plan review.
In no case shall the freestanding sign exceed 24 square feet. All
signs shall comply with the applicable parts of this section.
G.
Signs in the Waterfront District and the Cemetery District. The location, design, size and material of all signs to be located in the Waterfront District and the Cemetery District shall be reviewed and approved by the Planning Board, under the applicable sections of Article VIII, Site Plan Review.
Where any landscaping is required, the nature of the landscaping
shall be referred to the Planning Board by the Building Inspector,
and shall be subject to approval by the Planning Board. All required
landscaping shall be maintained throughout the effective period of
the use on the lot.
The following general standards are applicable to all uses in
the Residence District.
A.
No accessory use or structure except fences shall be located in the
required front yard.
B.
An accessory structure may be located in any required side or rear
yard, provided that:
C.
An accessory structure on that portion of a lot not included in any
required yard shall conform with the height regulations for the principal
structure(s).
D.
No accessory structure or use shall project nearer to the street
on which the principal structure fronts than does the principal structure
except:
On a corner lot, front yards are required on both street frontages,
and one yard other than the front yards shall be deemed to be the
rear yard and the other or others, side yards.
On a through lot, front yards are required on all street lines.
The required lot depth at any point may be decreased by 25% if the average lot depth conforms with the minimum requirement, set forth in Article V, Area and Bulk Regulations.
A.
Permitted obstructions. Cornices or cantilevered roofs may project
not more than three feet into a required yard. Belt courses, window
sills and other ornamental features may project not more than six
inches into a required yard. Paved areas (other than such as are needed
for access to the buildings on the lot) shall not project within 15
feet of a street line or four feet of any lot line.
B.
Entries and porticoes. A roofed-over but completely unenclosed projection
in the nature of an entry or portico, not more than eight feet wide
and extending not more than six feet out from the front wall of the
building, shall be exempt from front yard requirements when the building
otherwise complies with all other yard restrictions of this chapter.
C.
Existing setback. No proposed one- or two-family dwelling need have
a setback greater than the average setback of the existing dwellings
located within 200 feet of each side of either end of the front wall
of the proposed dwelling.
D.
Front yards on narrow streets. On streets with less than a fifty-foot right-of-way, the front yard setback shall be measured from the center line of the existing right-of-way, and 25 feet shall be added to the front yard setback. In determining the front yard setback of a proposed one- or two-family dwelling on a narrow street, Subsection C of this section shall take precedence.
For all multiple-family structures over 2 1/2 stories,
the minimum dimension of an inner court shall not be less than twice
the height of all surrounding walls. The height of walls surrounding
an inner court shall be measured from finished grade at the base thereof,
to the top of such wall, except that, in the case of roofs with a
slope exceeding five inches vertical to 12 inches horizontal, the
height shall be measured to the mean point between the top of said
wall and the highest point of the roof. The depth of an outer court
shall not exceed its width.
A.
Any structure containing three or more dwelling units, whether created through alteration of an existing dwelling unit or through new construction, shall comply with the requirements of Article IV, Area and Bulk Regulations.
B.
Adequate and safe off-street parking shall be provided in accordance with § 210-23 of this article for all such structures.
C.
For new construction, if a group of structures is proposed, the minimum
distance between the principal buildings shall:
D.
Row or attached housing consisting of a series of attached single-family dwellings is subject to Article V, Area and Bulk Regulations, and to the following special requirements:
E.
All structures containing five or more units, whether created through alterations to an existing building or through new construction, shall be subject to site plan review under Article VIII. Row houses shall be subject to site plan review regardless of the number of units.
F.
All housing complexes which contain 15 or more units in the R Residence District, whether created through alterations to an existing building or through new construction, and having an elevation of two or more stories, shall be required to have an elevator for use of residents. The standards of suitability of such elevators shall be subject to site plan review under Article VIII of this chapter, and also shall be installed and maintained in accordance with all applicable governmental laws, rules and regulations.
[Added 3-21-1990 by L.L. No. 1-1990]
The following uses are subject to additional standards.
This chapter shall not prevent individuals from conducting a
business, trade or profession in their residences, provided that they
meet the standards set forth in these regulations.
A.
The activity shall be incidental to and shall not alter the primary
use of premises as a residence. In no way shall the appearance of
the premises be altered nor shall the activity in the residence be
conducted in a manner which would cause the premises to differ from
its residential character either by the use of colors, materials,
construction, lighting, signs or the emission of light, noise, sounds,
odors or vibration.
B.
The home occupation shall be conducted in the principal building
by the residents. Two assistants, not residing on the premises, may
be employed in the home occupation.
C.
The home occupation shall be conducted in an area not exceeding 30%
of the area of one floor of the dwelling unit in which it is located.
D.
No display of goods shall be permitted in the front yard.
E.
The retail sale of goods or articles not produced on the premises
is permitted only if they are incidental to the service provided by
the home occupation.
F.
Only customary household appliances and equipment may be used in
the home occupation, except that professionals such as physicians
and dentists or artists may use such other equipment as is customary
to their profession or medium.
G.
There shall be no outdoor storage of equipment or materials used
in the home occupation.
H.
In the R Residence District, no traffic shall be generated in greater
volumes than would normally be expected in a residential neighborhood.
Any need for parking generated by the home occupation shall be met
on-site and not in the required front yard. In addition, any on-site
parking area shall be provided with a year-round screen.
If a premises used as a Village hotel contains more than 15 sleeping rooms for transient overnight guests, off-street parking in accordance with § 210-23 of this article must be provided on-site or at some other accessible location available under ownership or a long-term lease.
A restaurant in the Mixed-Use or Waterfront District shall comply
with the following standards:
A.
The principal use shall be an on-premises sit-down type dining facility.
A drive-in facility is specifically excluded.
B.
Any bar facility shall be an accessory use to the principal dining
use.
C.
Any entertainment shall be only accessory to the principal dining
use.
D.
Outdoor storage areas shall be completely screened.
E.
Any outdoor lighting shall be designed in such a manner as not to
affect adjacent property.
A.
The minimum lot size for a motel shall be 10,000 square feet with
an additional 2,500 square feet for each unit over four units.
B.
All buildings in the aggregate shall not result in a lot coverage
greater than 60%.
C.
The minimum frontage shall be 150 feet on a principal road. There
shall be no primary site access from a residential street.
D.
Minimum yard dimensions shall be as follows: front yard 50 feet;
side yard 25 feet; rear yard 50 feet.
E.
On-site parking shall be provided in accordance with § 210-23 of this article, and no parking area shall be located in any required yard.
F.
All parking areas and enclosed storage areas shall be landscaped
and a year-round screen provided at the side and rear property lines.
G.
Any outdoor storage and trash dumpster shall be fully enclosed and
screened.
H.
There shall be no vending machines located outside of the structure.
A.
The lot shall be a minimum of one acre, and shall have a minimum
frontage of 150 feet along the principal bounding street. Primary
access shall not be a minor street serving abutting properties.
B.
All buildings and structures shall be not less than 50 feet from
any property line and shall not encroach upon any yard requirements.
C.
Total building area shall not exceed 30% lot coverage.
E.
Adequate landscaping and year-round buffering shall be provided for
parking areas, outdoor storage areas and areas where there are large,
unbroken expanses of building facade.
Places of worship, including parish houses and religious school
buildings, and public, sectarian and private schools conducted for
children, including customarily accessory uses and structures are
subject to the following requirements:
A.
A place of worship and associated religious buildings shall be located
on a lot not less than one acre. A lot on which a public, sectarian
or private school is located shall not be less than two acres.
B.
Except as specifically provided in this chapter, no building shall
exceed a height of 35 feet, nor shall the number of stories at any
point along the periphery of the building exceed three stories; chimneys,
flues, towers, bulkheads, spires and other decorative features shall
be exempt from the provisions of this section, provided that they
occupy not more than 20% of the area of the roof of the building of
which they are a part.
C.
No building or part thereof shall be erected nearer than 30 feet
to any street or lot line.
D.
The sum of all areas covered by all principal and accessory buildings
shall not exceed 50% of the developable area of the lot.
F.
Any private school permitted under this section shall be a nonprofit
organization within the meaning of the United States Internal Revenue
Code and shall be registered effectively as such thereunder. Further,
they shall operate under applicable provisions of the New York State
Education Law.
A temporary mobile home may be located on a lot while construction
of a permanent dwelling is undertaken subject to the following provisions:
A.
The temporary mobile home must be occupied by the lot owner who is
constructing the permanent dwelling.
B.
The owner must obtain a permit from the Building Inspector prior
to locating a temporary mobile home on any lot. The permit cannot
be issued unless a building permit for a structure on the lot has
been granted by the Building Inspector and the applicant has received
the approval of the Planning Board for the location of the mobile
home on the lot.
C.
The permit remains in effect for six months and may be renewed for
one additional six-month period if the Building Inspector finds that
the construction has been diligently pursued and justifiable circumstances
require an extension. The mobile home must be removed within two weeks
from the date of certificate of occupancy is issued for the permanent
dwelling.
D.
At the times of its review, the Planning Board may attach other reasonable
conditions to its approval which it feels are required for public
health or safety.
The keeping of poultry and livestock is permitted, subject to
the following requirements:
A.
The number of poultry shall not exceed 15 and the number of livestock
shall not exceed a total of three head including, but not limited
to, cows, horses, ponies, goats and sheep.
B.
All poultry and livestock shall be sheltered a minimum distance of
100 feet from the nearest lot line.
C.
No substantial amount of poultry or livestock excrement shall be
deposited within 100 feet of the nearest lot line.
D.
Any poultry or livestock shelter shall be located only in the rear
of the property.
An animal hospital or a kennel shall operate under the following
requirements:
A.
All animals shall be housed a minimum of 100 feet from the nearest
lot line. No accessory or related structures such as dog runs shall
be located within 100 feet from the nearest property line.
B.
Adequate plantings and buffering shall be provided and maintained
to minimize the impact of inherent nuisances such as noise and odor.
C.
All animal excrement shall be adequately disposed of, and in no case
shall any excrement be deposited within 100 feet of any lot line.
A.
The following general standards shall apply to all premises defined
as automotive service stations and auto body repair facilities:
(1)
Vehicle lifts, dismantled automobiles, all parts or supplies, goods,
materials, refuse, garbage or debris shall be located within a building
fully enclosed on all sides when the business is not in operation.
(2)
Gasoline or flammable oils shall be stored fully underground not
nearer than 10 feet to any street line or 35 feet to any lot line.
Applicable standards and criteria detailed in the New York State Uniform
Fire Prevention and Building Code,[1] as amended, which require a greater restriction shall
take precedence.
(3)
Waste oils incidental to automotive service work in amounts of less
than 110 gallons may be stored above ground, provided that:
(4)
There shall be two parking spaces for each service bay plus one space
for each employee. No parking area shall be nearer than 10 feet to
any lot line.
(5)
Suitable year-round buffering and landscaping shall be provided in
all rear and side yards.
B.
Those premises which include the sale of gasoline shall comply with
the following additional standards:
(1)
The minimum usable lot area shall be 10,000 square feet. The minimum
frontage shall be 75 feet. No building shall be erected closer than
20 feet to any street line or lot line.
(2)
No gasoline service station shall be located within 200 feet of any
school, church, public library, theater, hospital, park, playground
or other public gathering place designed for occupation by more than
50 people. The distance shall be measured in a straight line between
the nearest point of each lot, regardless of the district in which
the lot is located.
(3)
Entrance and exit drives shall have an unrestricted width of not
less than 12 feet nor more than 24 feet. Such drives shall be located
not nearer than 10 feet to any lot line. Station layout shall avoid
the necessity of any vehicle backing into a public right-of-way.
(4)
No fuel pump shall be located nearer than 15 feet to any street line.
(5)
Those establishments which sell gasoline in combination with a quick-stop
retail food outlet shall:
(a)
Ensure that adequate parking is available on the site for customers
making purchases at the store but not buying gasoline. This parking
area shall be located in a manner that does not interfere with the
safe entry and exit of vehicles purchasing gasoline.
(b)
Provide an enclosed trash dumpster for disposal of stock packings
removed by store employees.
(c)
Maintain trash receptacles for customer use on the premises.
(d)
Locate all vending machines on the side of the building.
A.
Gasoline, gasohol, kerosene, fuel oil, fuel gas and flammable oils
in bulk stored accessory to and used as fuels for industrial uses
are permitted, provided that storage is in conformity with the applicable
recommendations of the National Board Fire Underwriters and the New
York State Uniform Fire Prevention and Building Code, as amended.[1]
Outdoor storage of heating fuel oil or fuel gas accessory to
a residential or agricultural use is permitted, provided that a safe,
appropriate method of storage meeting the Fire Code is used.[1] In addition, the outdoor storage of gasoline, gasohol
or kerosene for agricultural use and providing energy only for that
agricultural use is permitted if the storage method meets the requirements
of the New York State Uniform Fire Prevention and Building Code, as
amended.
Radio and television antennas, except those customarily associated
with residential radio and television reception, shall require that
a certificate of compliance and a building permit be issued prior
to installation. Dish antennas, whether associated with residential
reception or not, shall require a certificate of compliance and a
building permit. Furthermore, all such antennas and towers shall comply
with the following regulations:
A.
All towers and antennas shall have setbacks equal to or greater than
the height of the proposed structure.
B.
Distance of any guy anchorage or similar device shall be at least
10 feet from any property line.
C.
Suitable protective anti-climb fencing shall be provided and maintained
around the structure and accessory attachments of greater than 10
feet in height.
D.
The applicant shall present documentation of the possession of any
required license by any federal, state or local agency.
E.
No structure shall be in excess of a height equal to the distance
from the base of the structure to the nearest overhead electrical
power line which serves more than one dwelling or place of business,
less five feet.
F.
Only one such structure shall exist at any one time on any residentially
zoned and used lot or parcel.
G.
Application for the permit must include construction drawings showing
proposed method of installation and site plan depicting structures
on the property and all adjacent properties.
H.
If any modifications are made to the structure, the Building Inspector
shall have the authority to require proof that any addition, change
or modification is in conformity with the permit and the Uniform Fire
Prevention and Building Code.[1]
I.
The owner of such a structure shall assume complete liability in
case of personal or property damage.
All heating/ventilation/air-conditioning (HVAC) equipment and
restaurant ventilation equipment for ovens, grills and dishwashers
shall be located and directed in a manner which produces the least
impact upon adjacent properties and the general public. In addition,
restaurant ventilation equipment shall be cleaned at regular intervals
to reduce odors and fire hazards.
Any mechanical equipment, including HVAC units and restaurants ventilation units, which is located on the roof of a building and is not flush with the roof of the building shall be located in such a way that the equipment is not visible from street level, at a point to be measured from five feet above the grade of the property line of the lot immediately opposite the subject property and having frontage on the same street. Solar collectors and satellite dish installations are regulated under Chapter 169.
A.
All cemeteries, mausoleums and crematoria shall operate under applicable
New York State, Rensselaer County and Village statutes and ordinances,
and all rules and regulations promulgated pursuant to those statutes
and ordinances.
B.
All mausoleums, crematoria and accessory storage facilities shall
be located no closer than 100 feet from any residential lot line,
and shall be subject to site plan review.
The following uses are prohibited in all districts within the
Village of Castleton-on-Hudson:
Change of use will be controlled in an attempt to promote the
traditional role of Downstreet as a focus for residential, commercial,
governmental and social activity and to encourage and provide for
a vertical mix of uses within structures.
A.
The Building Inspector shall forward all applications for any change
in use as same exists at time of amendment to this chapter within
the Historic District to the Historic Review Commission.
B.
Current use must be maintained subject to deviation therefrom as
approved after the Historic Review Commission is satisfied that no
reasonable economic return can accrue to the applicant unless use
is changed.
C.
Burden of proof rests with the applicant. The application shall contain
such information as is necessary to make a determination of no reasonable
return.
D.
The applicant shall also submit a plan for the reuse of the property
which shall be subject to site plan review.
E.
The Historic Review Commission shall make a preliminary evaluation
of the application within 30 days of submission.
F.
If the burden of proof is met and no reasonable return is established
to the satisfaction to the Historic Review Commission and the Planning
Board approves the site plan review, the Historic Review Commission
shall issue a certificate of approval for the change in use permit
application.
G.
If the application for a certificate of approval is denied, the Historic
Review Commission shall not issue a permit for change of use or for
any other work not specifically reviewed and approved by the Historic
Review Commission.
