[Amended 12-2-2015 by L.L. No. 5-2015]
The Town is hereby divided into the following use districts:
R-135
Residential 135,000 square feet District
R-90
Residential 90,000 square feet District
R-45
Residential 45,000 square feet District
R-MH
Residential-Mobile Home District
PH
Poughquag Hamlet District
BH
Beekmanville Hamlet District
HR
Residential District Condominium Units District
SC
Sylvan Cottage District
TC
Town Center District
C-1
Neighborhood Shopping District
C-2
Highway Commercial District
C-3
Mixed Commercial - Light Industrial District
LC
Land Conservation District
PUD
Planned Unit Development District
RL-O
Ridgeline Overlay District
SRSV-O
Scenic Roads and Scenic Viewsheds Overlay District
A-O
Aquifer Overlay District
Said districts are bounded as shown on the map entitled "Zoning Map of the Town of Beekman," as most recently duly adopted by the Town Board and certified by the Town Clerk, and which, with all explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map and any amendments thereto are on file in the Town offices.
A. 
Boundaries indicated as approximately following the center lines of streets, highways, alleys or utility/railroad rights-of-way shall be construed to follow such center lines of the right-of-way.
B. 
Boundaries indicated as approximately following Town limits shall be construed as following such Town limits.
C. 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
D. 
Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline.
E. 
Boundaries indicated as approximately following the center lines of streams, rivers, ponds or other bodies of water shall be construed to follow such center lines.
F. 
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed.
G. 
Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
H. 
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by Subsections A through G above, the Zoning Board of Appeals shall interpret district boundaries.
I. 
If the district classification of any land is in question, it shall be deemed to be in the more restrictive of the two districts.
A. 
Residential 135,000 square feet (R-135) District.
(1) 
Purpose and intent. The R-135 District is a low-density residentially zoned district. The land included in this district is considered to have substantial environmental constraints, including steep slopes and sensitive ridgelines that significantly affect the development potential and development pattern of the land. Development that consumes less open land and protects adjacent open space from negative impacts shall be encouraged in accordance with the Town's Comprehensive Plan.
(2) 
Uses allowed within the R-135 District are attached to this chapter as Schedule A.
(3) 
Lot area and bulk regulations. The minimum related standards for the R-135 Zone shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, of this chapter.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
B. 
Residential 90,000 square feet (R-90) District.
(1) 
Purpose and intent. The R-90 District is a medium-density residentially zoned district. The land included in this district has some environmental limitations, although not to the degree as found in the R-135 District, including steep slopes, wetlands and floodplains. Development shall maintain the existing rural character and single-family land use pattern in accordance with the Town's Comprehensive Plan.
(2) 
Uses allowed within the R-90 District are attached to this chapter as Schedule A.
(3) 
Lot area and bulk regulations. The minimum related standards for the R-90 Zone shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, of this chapter.[2]
[2]
Editor's Note: Schedule B is included as an attachment to this chapter.
C. 
Residential 45,000 square feet (R-45) District.
(1) 
Purpose and intent. The R-45 District encompasses an area generally built up with residential uses in a suburban development pattern, interspersed with open space, agricultural uses and undeveloped areas. Minimum lot sizes are 45,000 square feet. Development shall not negatively impact the character of single-family residential areas and shall be in accordance with the Town's Comprehensive Plan.
(2) 
Uses allowed within the R-45 District are attached to this chapter as Schedule A.
(3) 
Lot area and bulk regulations. The minimum related standards for the R-45 Zone shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, of this chapter.[3]
[3]
Editor's Note: Schedule B is included as an attachment to this chapter.
D. 
Residential-Mobile Home (R-MH) District.
(1) 
Purpose and intent. The R-MH District is to provide for primarily mobile homes in established mobile home parks to provide alternative housing needs for the Town's residents. Such mobile home parks are typically located on one lot, which includes two or more mobile homes within the park located and maintained in accordance with the Comprehensive Plan and the Town Code.
(2) 
Uses allowed within the R-MH District are attached to this chapter as Schedule A.
(3) 
Lot and bulk regulations. The minimum related standards for the R-MH Zone shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, of this chapter.[4]
[4]
Editor's Note: Schedule B is included as an attachment to this chapter.
E. 
Poughquag Hamlet (PH) District.
(1) 
Purpose and intent. The PH District is established to preserve the compatibility with the prevailing architecture and community identity of one of Beekman's early settlements. A mix of residential, civic, governmental, business/professional and local-serving commercial uses that promote attractive and architecturally compatible development shall be encouraged. New infill development shall be compatible with existing land uses, prevailing architectural styles and scale in proximity to residential neighborhoods in accordance with the Comprehensive Plan.
(2) 
Uses allowed within the PH District are attached to this chapter as Schedule A.
(3) 
Lot area and bulk regulations. The minimum related standards for the PH Zone shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, of this chapter.[5]
[5]
Editor's Note: Schedule B is included as an attachment to this chapter.
(4) 
Special standards applicable to PH District.
(a) 
Application for development within the PH District shall be required where the proposal includes changes in ownership, alteration to existing structures, removal of existing structures or development of vacant sites.
(b) 
New and renovated buildings shall be compatible with the prevailing architecture. Window patterns, roof pitch, color, materials and other factors shall be considered in the design. Site plan applicants shall be prepared to discuss and justify architectural compatibility.
(c) 
All development proposals shall respect the unique scale and sensitive environmental characteristics of the hamlet.
(d) 
To provide appropriately scaled and pedestrian-oriented development, drive-through facilities are prohibited except for bank drive-through windows. Such windows and queuing lanes should be screened from public view and located to the side or rear of the building.
(e) 
It shall be the responsibility of the Architectural Review Board (ARB) to examine such plans and other data submitted and approve said plans, if they are in compliance with all requirements of this chapter. Applicants are encouraged, but not required, to meet with the ARB to discuss their application.[6]
[6]
Editor's Note: Former Subsection E(4), Lot area and bulk regulations for the BH Zone, which immediately followed this subsection, was redesignated as Subsection F(3) on 12-2-2015 by L.L. No. 5-2015.
F. 
Beekmanville Hamlet (BH) District.
[Added 12-2-2015 by L.L. No. 5-2015]
(1) 
Purpose and intent. This BH District is small in area and is located in the Hamlet of Beekmanville. Accordingly, it allows a mixture of residential uses and compatible local serving commercial uses on a small scale. Future development and restoration shall be compatible with existing land uses, prevailing architectural styles, scale in proximity to residential neighborhoods, and in accordance with the Comprehensive Plan. Improvement for the public benefit, such as pedestrian access, streetscape design and infrastructure shall be encouraged as may be appropriate for the district.
(2) 
Uses allowed within the BH District are attached to this chapter as Schedule A.
(3) 
Lot area and bulk regulations. The minimum related standards for the BH Zone shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, of this chapter.[7]
[7]
Editor's Note: Schedule B is included as an attachment to this chapter.
G. 
Residential District Condominium Units (HR) District.
(1) 
Purpose and intent. The HR District is intended to accommodate new and existing residential high-density development through a mixture of housing types that include condominium and townhouse developments. Areas of the Town designated under this district are intended to retain the existing residential character of established neighborhoods while providing for alternative housing opportunities for the Town's residents. The district shall promote a land use pattern that protects air quality, surface and groundwater resources while working to eliminate or minimize the impacts of development in accordance with the Comprehensive Plan.
(2) 
Uses allowed within the HR District are attached to this chapter as Schedule A.
(3) 
Lot area and bulk regulations. The minimum related standards for the HR Zone shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, of this chapter.[8]
[8]
Editor's Note: Schedule B is included as an attachment to of this chapter.
H. 
Sylvan Cottage (SC) District.
(1) 
Purpose and intent. Areas designated in the SC District generally include the preexisting residential lots near Sylvan Lake that are characterized as smaller lot sizes and homes. The district shall discourage the conversion of residential structures on inappropriately sized lots. The district shall maintain the smaller lot sizes to provide moderately sized homes as an alternative, housing opportunity for the Town's residents. Future development shall maintain a land use pattern that protects surface and groundwater resources.
(2) 
Uses allowed within the SC District are attached to this chapter as Schedule A.
(3) 
Lot area and bulk regulations. The minimum related standards for the SC Zone shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, of this chapter.[9] In addition, the following related standards shall apply:
(a) 
Front, side and rear yards shall be not less than 10 feet per story.
(b) 
No building and/or structure in a SC District shall be closer than 15 feet to another building and/or structure in the SC District or any adjacent residential zoning district.
(c) 
Single-family dwelling units shall be permitted as follows:
Number of Bedrooms
Maximum Floor Area per Dwelling Unit
(square feet)
Minimum Lot Area Required for Each Type of Unit
(square feet)
1 or 2
1,000
5,000
3
1,250
10,000
4
1,500
20,000
(d) 
The maximum height of any building or structure shall be no more than two stories or 30 feet in height.
(e) 
The total building area of all buildings used primarily for dwelling purposes shall occupy no more than 50% of the gross lot area.
[9]
Editor's Note: Schedule B is included as an attachment to this chapter.
(4) 
The Planning Board may vary the floor area requirements in order to better accomplish one or more of the purposes specified under § 155-8H(1), Purpose and intent.
(5) 
The Planning Board shall determine the number and type of rooms in each dwelling unit, to assure that alcoves, dining areas, dens, and similar spaces are not actually additional bedrooms.
I. 
Town Center (TC) District.
(1) 
Purpose and intent. The TC District is for mixed office, governmental, commercial, residential and recreational uses. The district shall provide a sense of place and identity for the community through walkable, highly integrated, multifunctional public and private spaces. Appropriate infrastructure, public facilities and future development shall encourage connectivity through a network of connected streets, sidewalks and uses. Structures shall be two to three stories. Structures shall be encouraged to be mixed use with retail on the ground floor and office or residential uses above. Higher-density residential development shall be encouraged. A balance of land uses that support the activities of daily living, working, shopping, and recreation shall be encouraged in accordance with the Comprehensive Plan.
(2) 
Uses allowed within the TC District are attached to this chapter as Schedule A.
(3) 
Lot area and bulk requirements. The minimum related standards for the TC Zone shall be set forth § 155-9 and in Schedule B, entitled "Schedule of Bulk Regulations."[10]
[10]
Editor's Note: Schedule B is included as an attachment to this chapter.
J. 
Neighborhood Shopping (C-1) District.
(1) 
Purpose and intent. Areas designated as the C-1 District are intended to preserve and enhance the residential and rural character while permitting a concentration of neighborhood commercial uses consistent with the goals and recommendations of the Comprehensive Plan. Limited small business services designed to serve the adjacent residential community shall be encouraged. Such small-scale shopping areas shall provide pedestrian access and shall be integrated with the neighborhoods that they serve. Future development shall encourage a mixture of small local-serving commercial uses.
(2) 
Uses allowed within the C-1 District are attached to this chapter as Schedule A.[11]
[11]
Editor's Note: See also Schedule B, Schedule of Area and Bulk Regulations, attached to this chapter, for related lot area and bulk regulations.
K. 
Highway Commercial (C-2) District.
(1) 
Purpose and intent. The C-2 District is intended for intensive retail development and is primarily vehicle oriented. Such development generally requires greater land areas than can be provided in other districts and includes large scale commercial, retail and office uses that attract vehicle traffic. Future development shall be designed to be compatible with adjacent land uses and to prevent "strip" development along Beekman's road corridors in accordance with the Comprehensive Plan.
(2) 
Uses allowed within the C-2 District are attached to this chapter as Schedule A.
(3) 
Lot area and bulk regulations. The minimum related standards for the C-2 Zone shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, of this chapter.[12]
[12]
Editor's Note: Schedule B is included as an attachment to this chapter.
L. 
Mixed Commercial-Light Industrial (C-3) District.
(1) 
Purpose and intent. The C-3 District includes areas with good access and is deemed appropriate for commercial, light industrial, and other nonresidential services. Appropriate light industrial and other nonnuisance businesses shall be encouraged that engage in basic processing, assembling and manufacturing of products from raw materials and with tolerable levels of noise, dust, odor, vibration or smoke. The C-3 District shall protect adjacent residential neighborhoods and districts from the encroachment of such light industrial land uses. Development standards shall ensure adequate buffering between incompatible uses and to protect environmental resources in accordance with the Comprehensive Plan. The C-3 District shall maximize economic development potential by encouraging infill, reuse and expansion of related businesses.
(2) 
Uses allowed within the C-3 District are attached to this chapter as Schedule A.
(3) 
Lot area and bulk regulations. The minimum related standards for the C-3 Zone shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, of this chapter.[13]
[13]
Editor's Note: Schedule B is included as an attachment to this chapter.
M. 
Land Conservation (LC) District.
(1) 
Purpose and intent. The purpose of the LC District is to protect, preserve, enhance and restore sensitive resource areas in the Town while encouraging low-intensity recreation consistent with the Comprehensive Plan. Such lands are designated respectively, in the event that the sites are no longer maintained by public agencies, such as the State of New York, and are instead conveyed to owners in the private sector.
(2) 
Uses allowed within the LC District are attached to this chapter as Schedule A.
N. 
Planned Unit Development (PUD) District.
(1) 
Purpose and intent. The general purpose of a PUD District is to overcome the inflexibility of conventional single-use districts and to achieve a more integrated development pattern. Rather than apply design standards on a lot-by-lot basis, PUDs are based on a unified master plan, allowing flexibility of uses and exemptions from some dimensional and density requirements. PUDs involve the careful application of design to achieve a more functional, aesthetically pleasing and harmonious living and working environment within the Town. Upon approval of such a master plan for a parcel or parcels in the Town, the Official Zoning Map shall be updated to illustrate the designated PUD District.
O. 
Ridgeline Overlay (RL-O) District.
(1) 
Purpose and intent. The general purpose of the Ridgeline Overlay District (RL-O) is to establish clear guidelines for protection of the Town's hillsides and ridgelines, which are found largely at higher elevations and environmentally sensitive and serve to:
(a) 
Retain major natural topographic features, such as drainage swales, steep slopes, watershed areas, view corridors and scenic vistas;
(b) 
Preserve and enhance the prominent landmark features, such as natural rock outcroppings, prominent trees and plants, other areas of special natural beauty, and stone walls and structures;
(c) 
Preserve and introduce plants so as to protect slopes from soil erosion and minimize the visual effects of grading and construction on hillside areas.
(2) 
District requirements. The related standards for the RL-O Zone shall be set forth § 155-10.
P. 
Scenic Roads and Scenic Viewsheds Overlay (SRSV-O) District.
(1) 
Purpose and intent. The general purpose of the Scenic Roads and Scenic Viewshed Overlay (SRSV-O) District is to establish clear guidelines for protection of the Town's unique viewsheds and to preserve the rural character of the Town.
(2) 
District requirements. The related standards for the SRSV-O Zone shall be set forth § 155-11.
Q. 
Aquifer Overlay (A-O) District.
(1) 
The general purpose of the Aquifer Overlay (A-O) District is to protect, preserve and maintain the quality and quantity of the Town's irreplaceable groundwater resources.
(2) 
District requirements. The related standards for the A-O Zone shall be set forth § 155-12.
A. 
Design principles: Town Center. The primary objective of the district is to create a main street area. New buildings should relate to a main street design as well as enhance the positive qualities that currently exist, Specifically, the design principles for the district are to:
(1) 
Establish a coordinated image for the Town Center as established by the Architectural Review Board.
(2) 
Bring buildings up toward the sidewalk and street edge.
(3) 
Promote a mix of commercial and residential uses in multistory buildings, with a variety of housing options.
(4) 
Promote the prominent positioning of civic buildings and central green spaces in order to enhance community identity and public interaction.
(5) 
Promote pedestrian activity through a safe and walkable environment.
(6) 
Minimize the visual impact of the automobile by managing the placement and screening/landscaping of parking areas.
(7) 
Create an interconnected street system for both pedestrian and vehicular traffic.
(8) 
Encourage the development of both on-street parking and shared parking areas between nearby uses.
(9) 
Provide multiple housing options.
(10) 
Protect important natural and historic features.
B. 
Planning Board review of projects in the Town Center.
(1) 
The design standards of this section are intended to provide guidance to the Planning Board in its review of projects within the district. It is the intent of these standards to provide the Planning Board and applicants with guidance as to favored forms and principles of site design.
(2) 
The Planning Board is empowered to require a mix of uses in any development project. Further, the Planning Board is empowered to require that a development be phased to ensure the required mix of uses is implemented. Applicants are encouraged to meet with the Planning Board prior to an application to discuss concepts, clarify procedures, and coordinate all applicable zoning in this chapter.
(3) 
The Planning Board may modify those standards that are mandatory upon written finding that such modification is warranted. Circumstances that may warrant modification of any mandatory standard include, but are not limited to, physical constraints such as the location of existing buildings or changes in grade between adjacent properties.
(4) 
In reviewing any proposed modification of a mandatory standard, the Planning Board shall consider whether granting the modification will be consistent with the purpose of this section, the Comprehensive Plan and the design principles in the Design Manual of the Architectural Review Board.
C. 
Design standards. The district encourages a mixture of retail uses, restaurants, services, work places, entertainment and civic facilities, and moderate- to high-density housing in a compact pattern that balances automobile access with strong pedestrian elements to create a walkable environment. It encourages complete neighborhoods with a diverse range of dwelling types, such as single- and two-family houses, attached townhouses, and condominium or apartments mixed together. The following are the specified standards for the district:
(1) 
Streetscape standards.
(a) 
Street standards.
[1] 
All roads are to be built to Town standards.
[2] 
The design and construction of streets within the district should be consistent with the street standards as shown in Figure 1.[1]
[1]
Editor's Note: Figure 1 is included in an attachment to this chapter.
[3] 
Intersections should be at right angles whenever possible.
[4] 
New streets should connect to existing streets and use a block system to avoid dead ends whenever practicable.
(b) 
Blocks and lots.
[1] 
Street layouts, as shown on the Town Street Map, should provide for a variety of block and lot sizes. Blocks should be generally in the range of 200 feet to 400 feet deep by 400 feet to 800 feet long to create shorter walking distances and help diffuse traffic on multiple access routes. Blocks exceeding 600 feet should have a rear lane access, or pedestrian right-of-way for mid-block access.
[2] 
Multiple buildings and uses are permitted on a lot in the TC District.
[3] 
In order to facilitate fewer curb cuts, shared driveways and rear access lanes should be used for access to parking lots behind buildings.
[4] 
Residential rear access lanes should be used for access to garages and parking lots behind buildings.
(c) 
Sidewalks.
[1] 
Sidewalks in the district shall be consistent with the street standards as shown in Figure 1.[2] All sidewalks shall be ADA compliant.
[2]
Editor's Note: Figure 1 is included in an attachment to this chapter.
[2] 
Restaurants may be permitted to operate outdoor cafes in front of and on public sidewalks as long as at least seven feet are maintained free for sidewalk passage.
[3] 
A retail business may be permitted to have a temporary (thirty-day) sidewalk display of store merchandise on up to 25% of its sidewalk frontage.
[4] 
Snow removal from the sidewalks shall be the responsibility of the property owner.
(d) 
Landscaping.
[1] 
A landscaped area shall be provided along both sides of all streets within the TC District. The landscaped area shall be consistent with the TC street standards shown in Figure 1.[3] Within the landscaped area (between the street and the sidewalk), one shade tree (minimum of three-inch caliper diameter at four feet in height) shall be provided per every 25 to 30 linear feet.
[3]
Editor's Note: Figure 1 is included in an attachment to this chapter.
[2] 
Street trees should be tolerant of urban condition, especially salt and sand deposited with snow removal. Mulched tree wells should be placed around the base of each tree for protection and moisture retention.
[3] 
Shrubbery shall be no higher than three feet above existing street grades, nor shall any tree with foliage extend below 10 feet above the established street grades. All landscaping (trees, shrubs, planted beds) shall be maintained within 20 feet of any street intersection or 10 feet of driveway/street intersections. This restriction is for purposes of maintaining visibility at all times.
[4] 
Where parking lots and drives abut the landscaped strip along the street right-of-way, evergreen shrubs and/or a three-foot stone wall, as approved by the Planning Board, should be provided for screening. The screening should be a plant species that is a minimum of three feet high and a maximum of six feet high, and extends along the entire street frontage of the parking lot, exclusive of driveways and visibility lines.
[5] 
Visibility. Street level landscaping shall not interfere with visibility and safety.
[6] 
Street trees are a major means of providing a pedestrian amenity as well as visual coherence. Property owners shall have responsibility for planting along street frontage(s) within the Town's right-of-way.
[7] 
Maintenance of trees within the Town's right-of-way shall be the responsibility of the Town.
(e) 
Lighting. Streetlights and other lighting shall be 10 feet to 15 feet in height, except pole lights in parking lots, which shall be a maximum of 20 feet high. Lighting shall be metal halide or other full-spectrum fixture and should avoid illumination above the horizontal level into the night sky. All exterior lights shall be designed and located in such a manner as to prevent objectionable light and glare to spill across property lines. All lighting fixtures shall be of uniform design as set forth by the Architectural Review Board.
(f) 
Furniture and waste receptacles. Street furniture and waste receptacles approved by the Planning Board should be provided along street frontages.
(g) 
On-street parking.
[1] 
On-street parking along TC commercial streets should be as illustrated in the TC street standards. See Figure 1.[4] Angled parking may be allowed at the discretion of the Planning Board.
[4]
Editor's Note: Figure 1 is included in an attachment to this chapter.
[2] 
On-street parking shall be permitted along residential collector streets, as illustrated in the TC street standards. See Figure 1.[5]
[5]
Editor's Note: Figure 1 is included in an attachment to this chapter.
[3] 
On-street parking along and adjacent to the property frontage may apply toward the minimum parking requirements.
(2) 
Site standards.
(a) 
Site development.
[1] 
Connections between the parking lots to the rear and the main retail frontage are desirable. Wherever practical, through-store passages should be provided.
[2] 
The frequency of store entrances along commercial Town Center streets is important in maintaining retail continuity and viability. In new buildings, a maximum distance of 60 feet between individual store entrances is encouraged.
[3] 
Two- or three-story buildings are required for the entire district. Larger-scale, single-use facilities (conference spaces, theaters, supermarkets or department stores, for example) may be one-story with a two-story, four-sided facade. Flat roofs for new buildings will not be permitted.
[4] 
The ground floor should reinforce retail continuity along specified street frontages within the district. Second stories may be used for a mix of residential, commercial, and/or office space.
[5] 
Buildings shall be brought up toward the right-of-way line, consistent with the street standards as shown in Figure 1.[6]
[6]
Editor's Note: Figure 1 is included in an attachment to this chapter.
[6] 
Balconies, bay windows and cornice features, open porches, canvas-type awnings, and projecting signs may encroach up to six feet into the front setback. However, there shall be no projections into setbacks over public utilities.
[7] 
Drive-through windows or lanes may be permitted. Their location and design are at the discretion of the Planning Board and Architectural Review Board.
[8] 
Gasoline station pump canopies shall be located to the rear or side of the building.
[9] 
A variety of housing types from attached townhouses, condominiums, and apartments are permitted, with an overall density of up to 12 dwelling units per acre.
[10] 
Side yard and rear yard setbacks for garages or accessory structures shall be a minimum of six feet.
[11] 
Access to driveways and garages should be from the rear access drive. Any lot with a front driveway should recess the garage 20 feet from the front building line.
(b) 
Parking.
[1] 
Parking lots and garages should be located to the rear of a building wherever possible, and access to parking and garages should be from a rear access lane.
[2] 
Shared driveways should be used to access parking lots behind buildings and facilitate fewer curb cuts. Shared driveways and/or entrances for ingress and egress access between neighboring buildings and parking lots is strongly encouraged for the district.
[3] 
Interior parking lot landscaping. Interior parking lots shall be landscaped in accordance with § 155-59 as determined necessary by the Planning Board.
[4] 
Exterior parking lot landscaping. A landscaped strip should be provided around the perimeter of parking lots, exclusive of driveways. The landscaped strip should be a minimum of five feet wide. Where appropriate, a berm should be used to hide the parking lot from the street.
[5] 
Each parking space shall be nine feet wide and 18 feet long, except handicap-accessible spaces that are to be in accordance with New York State building codes and with parking aisles. Backup and maneuvering aisles between rows of parking spaces shall be at least 24 feet wide, except where the Planning Board approves a lesser dimension as adequate to serve parking space arranged at less than a ninety-degree angle or landscaped area.
[6] 
The Planning Board may, at its sole discretion, approve the joint use of a parking facility and allow a reduction in the parking requirement of up to 30% for two or more principal buildings or uses, either on the same, adjacent, or nearby parcels, where it is clearly demonstrated that the reduction in spaces and shared use of the parking facility will substantially meet the intent of the parking requirements by reason of variation in time of use by patrons or employees among such establishments (offset peak parking demand). There shall be a covenant on the separate parcel or lot guaranteeing the maintenance of the required off-street parking facilities during the existence of the principal use. Such covenant shall be:
[a] 
Executed by the owner of said lot or parcel of land and by all other parties having beneficial use of, or some other legal interest in, the property, such as, but not limited to, a collateral or security interest;
[b] 
Enforceable by any of the parties having shared beneficial use of the facility; and
[c] 
Enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns.
[7] 
Minimum off-street parking space requirements are found in § 155-56.
[8] 
Waiver of improvement. Where the authority approving a site plan or special permit application determines that less than the required number of parking spaces will satisfy the intent of this chapter, said Board may waive the requirement in part, but not in excess of 30% of the number required according to this section. In all cases, it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking required, and the site plan shall bear such designation. All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking. Written guarantees and proposed designs of the waived parking spaces shall be submitted by the applicant for the eventual improvement of any such spaces. Monitoring of parking conditions shall be the responsibility of the Code Enforcement Officer. Should parking prove to be inadequate, the Code Enforcement Officer shall notify the property owner and the Planning Board in writing that the waived spaces have been determined as necessary and must be constructed. The property owner shall construct these spaces within six months of written notification. Written guarantees and proposed designs of future parking shall be shown on the site plan. The Code Enforcement Officer will take action in regards to removing the waiver.
(c) 
Landscaping.
[1] 
Landscaping should be designed to avoid existing overhead or underground utility lines. Where the location of existing overhead or underground utility lines conflicts with the required landscaping strip and tree planting, the Planning Board may approve an alternate plan.
[2] 
Required landscaping shall be permanently maintained in a healthy growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other permanent maintenance of all plantings as needed.
[3] 
Site trees should be no smaller than three-inch-caliper diameter at four feet in height. Density of site trees shall be at the discretion of the Planning Board as determined necessary.
(d) 
Lighting.
[1] 
All exterior lights shall be designed and located in such a manner as to prevent objectionable light and glare from spilling across property lines.
[2] 
Exterior lighting should be architecturally compatible with the building style, material and colors and in compliance with the standards outlined by the Architectural Review Board. Cutoff fixtures are preferred over cobra-type light fixtures and directional floodlights.
[3] 
All streetlight poles shall include an approved outdoor electrical outlet.
[4] 
Streetlights and other lights shall be 10 feet to 15 feet in height, except pole lights in parking lots, which shall be a maximum of 20 feet high.
(e) 
Loading areas. Loading and delivery areas may be shared between nearby uses, and shall be determined by the Planning Board on a case-by-case basis.
(f) 
Mechanical equipment, garbage containers and electrical transformers. Mechanical equipment, garbage containers and electrical transformers should be concealed from public view on all sides by architectural elements and/or landscaping satisfactory to the Planning Board's approval.
(g) 
Fencing and walls.
[1] 
The design of fences and walls should be compatible with the architecture of the principal building(s) or structure(s) and should use similar materials.
[2] 
All fences or walls 50 feet in length or longer, and four feet in height or taller, should be designed to minimize visual monotony by changing plane, height, material, or material texture, or significant landscape massing.
[3] 
Ornamental fencing is preferred.
[4] 
Chain-link fencing is discouraged. If approved by the Planning Board, it must be black and used in conjunction with privacy fence slats such as Hedge Link or Permahedge. Vinyl, wood, metal slats and slats of other similar materials are prohibited.
(h) 
Utilities.
[1] 
Site design is predicated on connection to central water and/or central sewer with improvements built by the private developer. If access to central water and/or central sewer is not immediately available, the project should still be consistent with Town Center principles and standards to accommodate a later connection to such central utilities.
[2] 
All secondary utilities shall be underground. All underground utilities must be run in conduit.
(i) 
Open space. Where appropriate and practical, new development should create public open spaces and should maintain existing public open space. Where feasible, new open spaces should connect to existing open spaces.
A. 
For the purpose of protecting ridgelines, preserving the natural beauty and topography of the community, and ensuring that the Town's ridgelines are sensitively and appropriately developed, the following provisions and standards shall be in addition to the use, bulk and site development regulations applicable to any use located in any district to which the Ridgeline Overlay (RL-O) District is applied. The Ridgeline Overlay District encompasses all areas of the Town having an elevation of 800 feet or more above sea level. The ridgeline boundaries of the Overlay District is shown on the Town's Zoning Map.
B. 
General provisions.
(1) 
The provisions of this section shall apply to all applications for land use development, including site plan, subdivision, special use and conditional use permits, zoning variances.
(2) 
Any proposal to construct new residential dwellings, dwelling additions exceeding 300 square feet, and accessory structures, on any parcel of land lying fully or partially within the Ridgeline Overlay District shall be subject to site plan review. The Planning Board may, at its sole discretion, waive certain requirements of the site plan review process if the applicant clearly illustrates at the sketch plan phase that the proposed structure(s) will not negatively impact the ridgeline, will be sited away from ridge tops and ridgelines, and/or will be visually buffered from public view by natural vegetation.
(3) 
To ensure the placement of structures outside of the exposed ridgeline area on proposed building lots, building sites, including areas of vegetation, shall be clearly designated on the applicable subdivision plat and/or site plan.
(4) 
No land shall be developed and no building or structure erected, expanded or developed unless the Planning Board finds that the development proposed will be consistent with the standards of the Ridgeline Overlay District and grants approval.
(5) 
Sites in the Ridgeline Overlay District, also located within the Scenic Roads and Scenic Viewsheds Overlay District, are subject to the provisions and standards found therein.
C. 
Standards.
(1) 
Height.
(a) 
Restrictions on height. Within the Ridgeline Overlay District, no principal or accessory structure with a building height of greater than two stories or 30 feet shall be constructed.
(b) 
Structures shall comply with other height provisions of this chapter if they are more restrictive.
(2) 
Design requirements.
(a) 
Placement of structures.
[1] 
To the maximum extent practicable, buildings, structures, towers or storage tanks or other improvements within the Ridgeline Protection Overlay District shall not be visible above the top of the ridgeline, or above the top of vegetation located within the ridgeline area, from surrounding private property or public rights-of-way in adjoining lowlands or adjoining ridgelines by cause of excessive clearing, building or structure height, or location of any building or structure with respect to the top of the ridgeline.
[2] 
Wherever practical, structures should be sited at the lowest elevation possible to be as visually inconspicuous as possible when seen from a distance and from lower elevations.
[3] 
No structure shall have a footprint greater than 2,500 square feet for a two-story house or 5,000 square feet for a one-story house.
[4] 
Materials and colors. Structures should blend in with natural surroundings through preferred materials such as stone and/or natural wood siding. Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them should not be used as predominate colors on any wall or roof surface.
(b) 
Visibility. All structures should be sited to avoid, to the greatest extent practical, occupying, or obstructing public views of land within the Ridgeline Overlay District. Public views should be considered to be from any location listed on the SEQR visual environmental assessment form addendum (V-EAF) or as otherwise required by the Planning Board.
(c) 
Lighting. The location, height, design, arrangement, and intensity of outside lighting should minimize glare and should be directed and shaded such that light should not be directed off site. Exterior lighting in the Ridgeline Overlay District shall be controlled in both height and intensity and shall be in conformance with the requirements established herein. Under no circumstances shall the light level at any lot line exceed 0.2 footcandle, measured at ground level. Floodlights shall not be used to light any portion of a principal or accessory structure facade, and all outdoor light sources mounted on poles or buildings or trees to illuminate driveways, sidewalks, walkways, parking lots, or other outdoor areas shall use fully shielded light fixtures. For purposes of this section, a "full cutoff light fixture" is one in which no more than 2.5% of the total output is emitted at 90° from the vertical pole or building wall on which it is mounted. All such fixtures shall be installed or shielded so that part of the light bulb or light source is not visible beyond the property boundaries.
(d) 
Vegetation. Existing vegetation within ridgeline areas shall be preserved to the maximum extent practicable. Every attempt shall be made to limit cutting necessary for either construction or the opening of views from the subject site so as to maintain native vegetation as a screen for structures, as seen from public roads or parks or other public views. Clear-cutting of all trees in a single contiguous area shall be prohibited unless expressly permitted by the Planning Board as part of an approval for a site plan or subdivision application.
(e) 
Preservation of scenic features. In any application subject to this section, features that provide scenic importance to the ridgeline area should be preserved to a reasonable extent. These features include but are not limited to individual healthy trees (see §§ 155-51 and 155-53.1) within open fields, historic structures, hedgerows, public or private unpaved country roads and stone walls.
(f) 
Signs. No signs are permitted that will obstruct the natural character of the ridgeline, or will be visible above the tree canopy.
A. 
Applicability.
(1) 
For the purpose of protecting scenic roadways and scenic viewsheds, the provisions and standards shall be in addition to the use, bulk and site development regulations applicable to any use located in any district to which the Scenic Roads and Scenic Viewsheds Overlay District is applied.
(2) 
Boundaries. The Scenic Roads and Scenic Viewsheds Overlay District includes all land as indicated on the Town's Zoning Overlay Map. This section is intended to apply to the identified sections of road corridors in order to substantially retain their scenic character.
B. 
General provisions.
(1) 
Prior to the initiation of the following activities within the designated buffer area on land adjoining a scenic road, the owner of such property shall apply for and obtain approval from the Planning Board for construction of any structure or any addition to a structure greater than 500 square feet in footprint area, including residential structures.
(2) 
If the provisions of this chapter conflict with any other provisions of the Code in the Town of Beekman, the provisions that impose the more stringent requirement or standard shall apply.
C. 
Standards.
(1) 
A continuous vegetated buffer, agricultural use or open field, at least 100 feet deep, shall be maintained on all scenic roads. Within such area there shall be no significant disturbance such as buildings, grading, or clearing, with the exception of access corridors to and from the property when approved by the Planning Board.
(2) 
The buffer shall closely resemble the natural appearance of undeveloped land.
(3) 
Currently developed properties that maintain the existing character of the one-hundred-foot vegetative buffer shall be exempt from this section. However, additional structures, utilities, fences or new disturbance within the Scenic Roads and Scenic Viewsheds Overlay District shall be required to comply with this section.
(4) 
Vegetation. Any planting along designated scenic roads within the buffer should be for revegetative purposes or to enhance unattractive roadside conditions. All plant material used for these purposes should be similar plant material indigenous to the area.
(5) 
Utilities. The utility should cross the scenic road or the scenic viewshed at the shortest possible distance. The utility shall place all pipe, wire, etc., underground if possible unless specifically exempted by the Planning Board.
(6) 
Structures. All aboveground structures within the limits of the Scenic Roads and Scenic Viewsheds Overlay District shall be an earth-tone color to blend with the environment and soften the visual impact.
(7) 
Fences. Fences designed to block visual access to land in the viewshed corridor shall be prohibited, unless such fences are necessary to screen a preexisting use that does not conform to the requirements of this section or necessary as part of an agricultural operation. Under no circumstances shall a chain-link fence be approved.
(8) 
Design. New development proposed adjacent to scenic roads shall be designed to preserve distinctive features of the scenic road, including tree canopy, stone walls, winding road character, and scenic views, and to limit the visibility of new development. New development adjacent to or within scenic open vistas shall be designed to avoid adverse impact to scenic resources.
A. 
Purpose. The Aquifer Overlay District is intended to preserve and maintain the quality and quantity of groundwater found in the Town of Beekman and thereby protect the water supply source for the Town. The Aquifer Overlay District provides a means of reviewing, on a case by case basis, those actions or uses proposed within the Town's aquifers in order to prohibit uses and activities which may be incompatible with the goal of long-term groundwater protection.
B. 
Aquifer Overlay District description. The Aquifer Overlay District includes all land as indicated on the Town's Zoning Overlay Map. The Aquifer Overlay District shall be supplemental to the underlying residential or nonresidential districts. The Aquifer Overlay District shall apply the requirements of this section together with all limitations and requirements applicable in the underlying district. The Aquifer Overlay District includes all Valley Bottom Aquifer System (VBAS) and Upland Wellhead Protection Areas. Valley lowland areas underlain directly by carbonate formations and adjacent areas covered with non-till glacial sediments. This area has been determined to be in need of the highest level of protection. Also included in this area are the recharge areas for community water system wells found within the Upland Aquifers.
C. 
Decision. Every proposed action within the Aquifer Overlay District shall be accompanied by a report prepared on behalf of the applicant by a licensed professional engineer incorporating the analysis and conclusions necessary to fulfill the standards contained in § 155-12D below. The Planning Board shall thereafter adopt written findings of fact, specifying the reason or reasons for its include written findings of fact, specifying the reason or reasons for such decision, and shall contain a statement which shall set forth the decision to grant approval, to grant approval subject to expressly stated conditions or safeguards, or to deny approval. Every resolution shall expressly set forth any limitations, conditions, or safeguards imposed to satisfy the requirements of this section. Violation of such conditions or safeguards shall be a violation of this chapter.
D. 
Standards. No proposed action within the Aquifer Overlay District shall be approved unless the reviewing board or official finds that based upon available information, analysis, and evidence, the proposed action will not:
(1) 
Appreciably alter the subsurface flow of groundwater to private water supply wells and existing and potential public water supply wells.
(2) 
Appreciably degrade the quality of groundwater through the introduction of sewage wastes, stormwater runoff, liquid chemicals, petroleum products, dissolved metals or other toxic substances.
(3) 
Appreciably increase the long-term risk of groundwater contamination through the siting, establishment or expansion of uses which store, transport, or utilize significant quantities of material which is potentially harmful to groundwater quality.
(4) 
Appreciably increase the long-term risk of groundwater contamination through the introduction of relatively small quantities of hazardous or toxic substances which, over a period of time, may accumulate in groundwater.
(5) 
Appreciably increase the risk of groundwater contamination through the removal of soil, sand, stone, or gravel which provides a protective mantle for groundwater or which is part of the geologic deposits making up the Town's aquifers.
E. 
Permitted uses. Uses permitted within the applicable zoning district are permitted within the Aquifer Overlay Zone, except the following uses shall be prohibited.
(1) 
Motor vehicle service facility or motor vehicle repair garages.
(2) 
Dry-cleaning establishments.
(3) 
Furniture stripping.
(4) 
Printing or photo processing.
(5) 
Beauty salons.
(6) 
Storage or disposal of hazardous materials or waste, potentially hazardous to surface or groundwater, except storage of fuel oil. Also exempt are chemicals used for the treatment of swimming pools and public drinking water supply.
(7) 
Outdoor storage of road salt.
F. 
Use requirements. The following use limitations and requirements shall apply to all land within the Aquifer Overlay District:
(1) 
Disposal wells. The installation or use of disposal wells is prohibited.
(2) 
Industrial sludge and toxic chemicals. No toxic chemicals identified by the United States Environmental Protection Agency or the New York Department of Environmental Conservation shall be stored except under permit from those agencies.
(3) 
Wastewater lagoon and pits. Use of wastewater lagoons and pits for temporary storage of wastewater is prohibited. All storage facilities shall be watertight, located above the ground, and under permit by the New York State Department of Environmental Conservation.
(4) 
Disposal. Disposal of toxic chemicals, industrial sludge or radioactive materials is prohibited.
(5) 
Fertilizer storage. All bulk storage of artificial fertilizers for agricultural or commercial use must be within a completely enclosed building or structure which will prevent any seepage and runoff.
(6) 
Pesticide and herbicide use. No pesticides or herbicides shall be stored or applied unless expressly authorized following review under the procedures and standards of this section. All such use, storage or application shall be under permit as provided by the State Environmental Conservation Law.
(7) 
Storage tanks and pipelines. The installation, construction, placement or replacement of new or existing underground storage tanks, pipelines, or containers for petroleum products or any other toxic chemical is prohibited. All aboveground storage tanks, pipelines, and transfer areas, shall to the maximum extent feasible, be designed to minimize the risk of groundwater contamination by incorporating backup containment structures, impervious surfaces, catchment areas, and other features. The Town reserves the right to prohibit installation or expansion of aboveground storage tanks and pipelines where consistent with the purpose and standards of this section. Further, the owner of any storage tank, pipeline, container or transfer area is responsible for prompt reporting of any spills or leaks and for the cost of cleanup, containment and damages.
(8) 
Salt and coal stockpiles. The storage of chloride salts, nitrate salts or coal is prohibited except in a completely enclosed building or structure which will prevent any seepage and runoff containing such materials.
(9) 
Water wells. All water supply wells shall be constructed in accordance with the requirements of the Dutchess County Department of Health.
(10) 
Abandoned wells. All abandoned wells shall be sealed in accordance with the requirements of the Dutchess County Department of Health.
G. 
Applicability. All new development, uses or activities in the Aquifer Overlay District are subject to the requirements of this section. Existing development, uses or activities located within the Aquifer Overlay District are considered permitted nonconforming uses or activities. Any change in the permitted nonconforming use or activity will be subject to the requirements of the Aquifer Overlay District Regulations.