A.
A special use permit is required to create a single apartment within
a single-family dwelling, subject to the following provisions:
(1)
Only one apartment is allowed, and it shall be clearly subordinate
and not more than 35% of the one-family dwelling.
(2)
The number of bedrooms in the apartment shall not be more than one.
(3)
The floor area of the apartment shall be greater than 400 square
feet and less than 800 square feet.
(4)
The floor area devoted to the apartment shall not exceed 35% of the
livable floor area of the entire dwelling.
(5)
The apartment and single-family dwelling must have safe and proper
means of entrance. Entrance to the accessory apartment shall be from
the side or rear of the structure.
(6)
The applicant shall have a licensed professional engineer attest
that the water supply and sewage disposal system are adequate for
the two units prior to Planning Board approval. Failure to correct
promptly any water quality problems shall result in revocation of
the special use permit.
(7)
Stairways leading to any floor or story above the first floor shall
be located within the walls of the building wherever practicable.
Stairways and fire escapes shall be located on the rear wall in preference
to either sidewall. In no instance shall an exterior stairway or fire
escape be located on any wall fronting on a street.
(8)
Off-street parking shall be in accordance with § 155-56 of this chapter and shall be on the parcel on which the accessory apartment is located.
(9)
Any legally established apartment within a one-family dwelling that
is in existence at the time of the adoption of this chapter shall
not be subject to the provisions outlined above.
(10)
Continued compliance with all of these regulations is required.
Failure to do so will result in a revocation of the special use permit.
(11)
The owner of the single-family lot upon which the accessory
apartment is located shall occupy the principal or accessory dwelling
unit on the premises as his primary residence.
(a)
The special use permit shall be issued to the owner of the property
and shall include a consent to allow periodic yearly inspections upon
reasonable notice to the homeowner. Should there be a change in ownership
or a change in residence of the owner, the special use permit and
the certificate of occupancy for the accessory apartment shall become
null and void in 90 days. Thereafter, should the new owner decide
to live in the structure and desire to continue the use of the accessory
apartment, within 90 days of the change in ownership, he shall receive
from the Planning Board a special use permit.
(b)
The special use permit shall be valid for a period of three years. At the end of such period, the owner-applicant shall request the Zoning Administrator to renew the permit, or the owner shall notify the Zoning Administrator of his intent to discontinue the permit in accordance with the applicable time periods established in § 155-25A. The Zoning Administrator shall renew the permit if all conditions of the original permit are still satisfied; otherwise the Zoning Administrator shall not renew the permit, and the time periods established in § 155-25A(12) for discontinuing the accessory apartment shall apply.
(12)
The property on which the accessory apartment is to be located
shall be in conformance with all applicable sections of the zoning
provisions of the Town of Beekman Code. Any and all violations of
the zoning provisions shall be eliminated prior to consideration by
the Planning Board for the special use permit with the following exception:
The Planning Board may consider an application which seeks to legalize
an existing illegal apartment, provided that there are no additional
existing violations.
(13)
An accessory apartment may only be created where the principal
and accessory units are within the same structure. No detached accessory
apartments are permitted.
(14)
In making its determination on the special use permit, the Planning
Board shall also give consideration to the character of the existing
and future uses in the immediate vicinity of the proposed accessory
apartment, including the exterior appearance of buildings as single-family
dwellings and the amount of traffic and parking conditions in the
neighborhood.
B.
A special use permit is required to create an apartment that requires
an addition to a one-family dwelling. If an addition is requested,
it must comply with the following:
C.
A special use permit is required to create an "elderly cottage housing
opportunity (ECHO)" unit, a temporary, modular, detached, accessory
dwelling for elderly relatives of occupants of the principal single-family
dwelling. Each ECHO unit shall contain its own cooking, sanitary and
sleeping facilities, accessory and incidental to the principal single-family
dwelling.
[Amended 1-7-2015 by L.L.
No. 1-2015]
(1)
General requirements.
(a)
ECHO units are permitted by special use permit in the R-135,
R-90, R-45 and PH Zoning Districts in accordance with this section
and all other applicable sections of this chapter.
(b)
Only one ECHO unit per lot shall be permitted. No special use
permit for an ECHO unit shall be issued for a lot where the principal
dwelling is other than single-family dwelling, or where a special
use permit for an accessory apartment is in force.
(c)
The number of occupants in the ECHO unit shall be limited to
two. At least one resident of the ECHO unit shall be infirm or handicapped,
and over 60 years of age, and at least one resident shall be related
by blood, marriage or adoption to the owner of the principal single-family
dwelling. A physician's certification shall verify the need of
the occupant for living assistance, except that residents 75 years
of age and older do not require said physician's certification.
(d)
At least one of the owners of the principal single-family dwelling
must live in one of the dwelling units on the lot.
(e)
The unit shall be constructed in accordance with all applicable
laws, regulations, codes and ordinances, including the New York State
Uniform Fire Prevention and Building Code.
(f)
An ECHO unit may only be sited on a lot which complies with
the minimum lot area requirements of the zoning district.
(g)
The design of the unit shall be compatible with the principal
single-family dwelling on the lot and the surrounding neighborhood.
The Planning Board may require additional screening, if appropriate.
(h)
The height of the unit shall not exceed 15 feet nor shall it
exceed the height of the principal single-family dwelling.
(i)
The minimum floor area of the unit shall be 400 square feet
and the maximum floor areas shall not exceed 800 square feet.
(j)
Maximum lot coverage by buildings may be increased to 7%, 9%,
and 12% for the R-135, R-90, and R-45 Zoning Districts, respectively.
Maximum lot coverage by buildings may be increased to 58% in the PH
Zoning District where public water and sewer serves the lot, and 17%
in the PH Zoning District where no public water or sewer serve the
site.
(k)
The ECHO unit shall comply with all front, side and rear yard
requirements for a principal dwelling within the zoning district and
shall be located no closer to any front property line than the principal
single-family dwelling on the lot or on the directly adjacent lot.
(l)
In addition to the parking required for the principal single-family
dwelling, one parking space for the ECHO unit is required, except
that the requirement may be waived by the Planning Board if the inhabitant(s)
of the ECHO unit does/do not own a motor vehicle.
(m)
The underportion of the ECHO unit shall be properly enclosed
within 30 days of installation.
(n)
The ECHO unit shall be constructed so as to be easily removable.
The foundation should be of such construction as to provide adequate
structural stability while also being capable of easily restoring
the lot to its original use and appearance after removal. No permanent
fencing, walls or other structures shall be installed that will hinder
removal of the ECHO unit from the lot.
(o)
If the water supply is from a private source, the applicant's
professional engineer shall certify that the water supply is potable
and of adequate flow. No special use permit shall be granted in any
case where the Dutchess County Department of Health has determined
that the water system is not capable of handling the additional demand
the ECHO unit would impose on it.
(p)
If sewage disposal is from a private source, the applicant's
professional engineer shall certify that the sewage disposal system
is adequate to serve the additional flow generated by the ECHO unit,
or provide design and proof of Health Department approval of an upgraded
sewage disposal system. No special use permit shall be granted in
any case where the Dutchess County Department of Health has determined
that the sewage disposal system is not capable of handling the additional
demand the ECHO unit would impose on it.
(q)
A unit shall provide ADA accessibility as required.
(r)
Waiver of requirements. The Planning Board may waive the requirements
of this chapter if so warranted by the specific characteristics of
the particular structures and lot and circumstances of the case, upon
showing that the waiver will not negatively affect public health,
safety or welfare and that the waiver will be in harmony with and
promote the general purpose of this chapter.
(2)
Application process.
(a)
Application for a special permit for an ECHO unit shall be made to the Planning Board in accordance with the standards and procedures set forth in § 155-60 of this chapter. The following additional materials shall be submitted to support the application:
[1]
The names of all owners of record of the lot and ECHO unit.
If neither the occupants of the principal dwelling or the occupant(s)
of the ECHO unit own the ECHO unit, the lease or other agreement with
the owner of the ECHO unit.
[2]
The name(s) of the proposed occupants of the ECHO unit.
[3]
The relationship between the occupants of the principal single-family
dwelling and the occupant(s) of the ECHO unit.
[4]
A floor plan of the ECHO unit, including the square footage
(may be the manufacturer's or builder's brochure).
[5]
The plan for removal of the ECHO unit at the time the special
use permit terminates.
[6]
Evidence from the Building Inspector that a municipal search
has been performed and that any and all identified violations have
been remediated to his/her satisfaction.
(c)
Special use permit conditions. In addition to any conditions
set forth by the Planning Board, the following conditions apply to
all special use permits for ECHO units:
[1]
To ensure the removal of the unit once the qualifying occupant(s)
no longer reside in the unit, a performance bond in the amount of
$15,000 shall be posted for a structure with a permanent foundation,
and $10,000 for a structure with a semi-permanent foundations.
[2]
The property owner shall provide an annual report to the Zoning
Administrator or Building Inspector that includes statements to the
continued adherence to the conditions of the special use permit, maintenance
and condition of the ECHO unit, condition of the sewage disposal system,
the number of people living in the primary single-family dwelling,
the number of occupants living in the ECHO unit, permits entry to
the primary single-family dwelling and the ECHO unit by the Zoning
Administrator or Building Inspector for purposes of verifying adherence
to the conditions of the special use permit, and that the owner understands
the terms and conditions of the special use permit.
(3)
Special use permit.
(a)
The special use permit shall be issued to the owner of the principal
single-family dwelling on the lot and shall specify by name the occupant(s)
of the ECHO unit.
(b)
The special use permit shall be renewed annually by the Zoning
Administrator or Building Inspector. The residents of the ECHO unit
must be reconfirmed at that time. Failure to comply with this renewal
provision or with the continuance of the provisions of this section
shall result in the special use permit becoming null and void.
(c)
The special use permit shall terminate 90 days after the death
of or permanent change of residence of the original occupant(s) of
the ECHO unit. During this ninety-day period, the ECHO unit shall
be removed and the site restored (weather permitting) so that no visible
element of the ECHO unit and its accessory elements remain. Failure
to remove the ECHO unit within 90 days may result in actions to ensure
removal, including removal and salvage by the Town with a lien imposed
to defray any costs incurred that are above and beyond the posted
bond amount.
(d)
The special use permit may be revoked by the Planning Board
if it shall reasonably appear to the Planning Board that the ECHO
unit is not in compliance with the applicable laws, rules, regulations,
codes or ordinances or that the conditions of the special use permit
are not satisfied or if any lawful inspection of the ECHO unit or
the primary single-family dwelling is refused or prevented by the
owner or occupant(s).
(e)
The special use permit shall be null and void upon sale of the
property.
A.
Detached accessory structures not exclusively used for farming or
agricultural purposes shall be erected in accordance with the following
requirements, except as otherwise permitted herein:
(1)
Detached accessory structures over 120 square feet:
(a)
Shall require a building permit.
(b)
Shall not be located within any required yards or within 10
feet of operative septic tanks and/or leach fields.
(c)
Shall be located no closer to the street than the front of the
principal structure.
(e)
For firesafety purposes, a detached accessory structure shall
be located in compliance with the New York State Uniform Fire Prevention
and Building Code, and in any case no closer than 10 feet to the principal
structure.
(f)
For corner lots, the setback from the side street shall be the
same for accessory buildings as for principal buildings.
(2)
Detached accessory structures 120 square feet or less:
(a)
Shall not require a building permit.
(b)
Shall not be located within 10 feet of any side or rear property
line.
(c)
Shall not be located within 10 feet of operative septic tanks
and/or leach fields.
(d)
Shall be located no closer to the street than the front of the
principal structure.
(f)
For firesafety purposes, a detached accessory structure shall
be located in compliance with the Uniform Fire Prevention and Building
Code, and in any case no closer than 10 feet to the principal structure.
(g)
For corner lots, the setback from the side street shall be the
same for accessory buildings as for principal buildings.
B.
Attached accessory structures. When an accessory structure is attached
to the principal structure, including attachment by means of a breezeway
or a roofed passageway with open or latticed sides, it shall comply
in all respects to the requirements of this chapter applicable to
the principal structure.
C.
Agricultural accessory structures. All agricultural accessory structures,
including, but not limited to, stables, barns, pens, corrals, noncommercial
greenhouses, or coops:
(1)
Shall require a building permit.
(2)
Shall not be located within any required yards or within 10 feet
of operative septic tanks and/or leach fields except as otherwise
permitted.
(3)
For firesafety purposes, a detached accessory structure shall be
located in compliance with the Uniform Fire Prevention and Building
Code, and in any case no closer than 10 feet to the principal structure.
(4)
For corner lots, the setback from the side street shall be the same
for accessory buildings as for principal buildings.
(5)
The height of the accessory structure shall require a special use
permit if it exceeds the height of the principal structure.
A.
Legislative intent. It is the purpose of this section to regulate
the creation, opening, commencement and/or operation of adult use
and entertainment establishments, as herein defined, in order to achieve
the following:
(1)
To preserve the character and the quality of life in the Town of
Beekman's neighborhoods and business areas.
(2)
To control documented harmful and adverse secondary effects of adult
uses on the surrounding areas, such as decreased property values;
attraction of transients; parking and traffic problems; increased
crime; loss of business for surrounding nonadult businesses; and deterioration
of neighborhoods.
(3)
To restrict minors' access to adult uses.
(4)
To maintain the general welfare and safety of the Town of Beekman's
residents.
B.
Purposes and considerations.
(1)
In the execution of this section, it is recognized that there are
some uses that, by their very nature, have serious objectionable characteristics.
The objectionable characteristics of these uses are increased by their
concentration in any one area, thereby having deleterious effects
on adjacent areas. Special regulation of these uses is necessary to
ensure that these adverse effects will not contribute to the blighting
or downgrading of the surrounding neighborhoods or land uses.
(2)
It is further declared that the location of these uses in regard
to areas where Beekman's youth may regularly assemble and the
general atmosphere encompassing their operation is of great concern
to the Town of Beekman.
(3)
The intent of this section is to provide adult entertainment uses
without compromising the character of the neighborhood.
(4)
This will be achieved through lighting being reflected away from
abutting roadways and adjoining properties, and limiting these facilities
to large parcels of property in order to maintain the visual and aesthetic
environment, as well as provide adequate distances to protect neighbors
from noise, obnoxious traffic, lights and other deleterious impacts.
It is further declared that the location of these uses in regard to
areas where Beekman's youth may regularly assemble and the general
atmosphere encompassing their operation is of great concern.
C.
Restricted uses shall be as follows:
(1)
Adult establishments, as defined.
(2)
Adult arcades.
(3)
Adult bookstores or adult video stores.
(4)
Adult cabarets.
(5)
Adult motels.
(6)
Adult motion-picture theaters.
(7)
Adult theaters.
(8)
Escort agencies.
(9)
Massage parlors.
(10)
Nude model studios.
(11)
Porn shops.
(12)
Sexual encounter centers.
(13)
Tattoo parlors.
D.
Special requirements. No person shall cause or permit the use, occupancy or establishment of any land, building or structure as or for a restricted use unless he shall have obtained therefore, from the responsible administrative boards of the Town of Beekman, a special use permit and site plan review in accordance with Article XI of this chapter, and subject to any special standards as may hereinafter be required.
E.
Regulation of restricted uses. Restricted uses, as enumerated in Subsection C above and defined in § 155-4, are to be restricted and regulated as to their location in the following manner, in addition to and subject to any other requirements of the Code of the Town of Beekman, and the special requirements itemized in this subsection are to accomplish the primary purposes necessary to ensure that any objectionable characteristics of these uses will not have a deleterious effect on adjacent areas and to restrict their accessibility to minors.
(1)
Location.
(a)
A restricted use shall not be located:
[1]
Within a five-hundred-foot radius of any area zoned for residential
use.
[2]
Within a one-quarter-mile radius of another such use.
[3]
Within a one-thousand-foot radius of any school, day-care facility,
library, church or other place of religious worship, park, playground,
playing field or any place of business which regularly has minors
on the premises.
[4]
Within a one-thousand-foot radius of any public pathway, walkway
or walking path upon which children are likely to travel.
(b)
The above distances of separation shall be measured from the
nearest exterior wall of the structure containing the adult use and
entertainment establishment.
(2)
Any proposed adult-oriented business shall meet all other development
standards and requirements of the Code of the Town of Beekman, including
but not limited to lot and bulk regulations, facade and screening
regulations.
(3)
No adult-oriented business shall be permitted in any building where
the majority of the floor area of the building is in residential use,
including nonconforming residential use.
(4)
Any lighting shall be arranged as to reflect the light away from
the adjoining properties and abutting roadways.
(5)
Maximum hours of operation shall be from 7:00 a.m. to 11:00 p.m.
(6)
No person under the age of 18 years old shall be permitted into the
premises or onto the property of an adult-oriented business.
(7)
All yard setbacks shall be at least 200 feet.
(8)
No amplifiers or loudspeakers of any type shall be installed outside
the building.
(9)
All such uses shall be subject to a special use permit and site plan
approval, and the Planning Board may impose certain terms and conditions
upon the granting of site plan approval as it deems reasonable and
appropriate to further the aims of this section.
(10)
There shall be a fifty-foot landscaped area along the entire
highway frontage, except for necessary drives and sidewalks.
(11)
No site improvements shall take place within 50 feet of any
adjoining residential property (parking, lighting, etc.).
(12)
These special regulations are itemized in this subsection to
accomplish the primary purposes of preventing a concentration of these
uses in any one area and restricting their accessibility to minors.
G.
Permitted zoning districts. All adult use and entertainment establishments as defined herein may only be created, opened, commenced or operated as delineated on Schedule A, Permitted Uses (§ 155-23),[1] and Schedule B, Area and Bulk Regulations (§ 155-24),[2] of this chapter, and are subject to the additional restrictions
set forth herein.
H.
Display prohibited. All adult uses and entertainment establishments
shall be conducted in an enclosed building. It shall be a violation
to display or exhibit (in the open air, through a window or by means
of a sign, depiction or decoration), or to allow to be displayed or
exhibited, any specified anatomical area or specified sexual activity.
A.
Purposes. The Planning Board of the Town of Beekman may, by special
use permit, permit nursing homes and alternate-care housing facilities,
as defined herein, in those districts outlined in Schedule A[1] and based on the following purposes:
(1)
To make alternative-care housing possible for those persons who are
unable to live independently at a particular time.
(2)
To achieve an integration of alternative-care housing residents into
the community without creating a negative environment for the residents
of the alternative-care housing facility.
(3)
To assure neighborhood compatibility and protection of property values.
[1]
Editor's Note: Schedule A is included as an attachment
to this chapter.
B.
Standards. The permitting of these facilities should be in accordance with § 155-60 and the following standards:
(1)
The community environment standards adopted in a statement of principle
by the State Department of Mental Hygiene and the State Board of Social
Welfare state that: "A concentration of residences in a single neighborhood
would be detrimental not only to the community but to the clients
of the facility as well." To avoid a negative impact on the neighborhood
as well as the residents of the alternate-care housing, the approval
shall be limited to one facility within a one-mile radius. The one-mile
distance shall be measured from closest lot line to closest lot line.
(2)
When housing six or more persons, the facility should be located
on a state or county highway.
(3)
When housing six or more persons, the facility should not be located
in an existing residential subdivision.
(4)
The following bulk regulations shall apply to all nursing homes and
alternate-care facilities:
(a)
Setbacks. With the exception of fences, signs and walls, a seventy-five-foot setback shall be required for all yards. Parking areas shall not be placed closer than 25 feet to any lot line. All efforts should be made to locate parking in the rear of the structure, but in no case should parking be in the front yard. Parking shall conform to the requirements noted in § 155-56.
(c)
All other area and bulk regulations for the applicable zoning
district shall apply.[2]
[2]
Editor's Note: The Schedule of Area and Bulk Regulations
is included as an attachment to this chapter.
(5)
A landscape buffer area shall be required to screen and protect neighboring
residential properties from the view of uses and parking areas on
the site. It shall be at least 10 feet in depth along any lot line
abutting or directly across the street from a lot in a residential
district. The buffer shall be of such type, height and spacing as
determined by the Planning Board and may include plantings, walls
or fences.
(6)
Signs shall not be more than 10 square feet in area and shall be
illuminated only by indirect lighting, except when the facility is
housed in a single-family dwelling in a residential district, the
sign shall not be illuminated.
(7)
A nursing home or alternate-care facility should have central water
and sewer facilities, if practicable. If the facility will utilize
individual well(s) and subsurface sewage disposal systems, these should
be sited in accordance with Dutchess County Health Department requirements
and approvals.
(8)
New and/or existing structures shall be constructed, altered and
renovated in accordance with the New York State Uniform Fire Prevention
and Building Code and subject to Town Fire Department approvals. Fire
escapes and stairs providing access to all floors above ground level
should be located in the rear of the structure.
(9)
Nursing homes and alternate-care facilities shall comply with all
applicable state laws and regulations governing nursing homes and
alternative-care facilities.
C.
Application. Information to accompany the site plan/special use permit
application shall include:
(1)
The specific classification of the residence and the name of the
regulatory agency(ies).
(2)
Copies of all correspondence between the applicant and the regulatory
agency(ies).
(3)
The types of residents to be housed.
(4)
The current, expected and projected number of residents to be housed.
(5)
If applicable, information pertaining to resident employment.
(6)
A description of the community facilities and services, including
schools, which the residents will require.
(7)
A description of the plan to integrate the residents into the community
socially/economically.
(8)
The number of staff/employees residing on the premises and number
of nonresident staff/employees.
(9)
The community services that the facility will require, i.e., sewerage,
water, utilities, refuse, postal service, etc., and how they will
be provided.
(10)
A description of transportation methods to be provided to serve
residents' needs and proposed traffic generation and circulation
data.
(11)
A description of planned active and passive activities.
(12)
A description of operating plans as they pertain to the other
items.
D.
Administration. Special use permit approval is conditioned on licensing
by all appropriate agencies
In any district where so permitted, the Planning Board may issue a special permit for an automobile wash subject to provisions of § 155-60 and subject to the following conditions:
A.
The minimum lot size for automobile wash facilities shall be one
acre, and such lot shall have street frontage of at least 150 feet.
B.
All washing and machine-drying operations shall be conducted within
a building.
C.
The building exit for automobiles that have completed the washing
and machine-drying process shall be set back a minimum of 50 feet
from the nearest point of any street line.
D.
No washing, vacuuming, steam-cleaning, waxing, polishing nor machine-drying
operation nor building within which such operations are conducted
shall be permitted within 100 feet of a residential building located
in a residential district.
E.
All lot lines abutting residentially zoned property shall be screened
by means of a solid masonry wall, opaque fence or evergreen hedge
or earthen berm of a design and height acceptable to the Planning
Board. Such screen shall be maintained in good condition throughout
the life of the use.
F.
All entrance and exit lanes and parking areas shall be surfaced with
an asphalt or Portland cement pavement so as to provide a durable
and dustless surface and shall be so graded and drained as to dispose
of all drainage water therein in a manner that does not adversely
impact adjacent properties, uses and abutting roadways. Water recycling
shall be addressed to the satisfaction of the Planning Board and any
appropriate agencies.
G.
Any lighting used shall be arranged so as to avoid being directed
onto abutting roadways and adjoining premises in residential districts.
H.
All operations shall be conducted completely within the lot lines
of the property.
I.
Parking and stacking space.
(1)
One parking space shall be provided for every two employees.
(2)
Stacking spaces.
(a)
In addition, off-street stacking spaces provided for waiting
vehicles shall not exceed the following requirements:
(b)
For purposes of this subsection, an "off-street stacking space"
shall mean an area measuring 18 feet in length by nine feet in width
and located in such a manner as to provide an unimpeded egress from
the space toward the automobile wash facility.
Bed-and-breakfast establishments are owner-occupied and are subject to provisions of § 155-60 and the following conditions:
A.
Each establishment shall be limited to 10 guest rooms.
B.
Each establishment must meet all applicable zoning requirements.
C.
The proprietor may serve breakfast only to guests. A public dining
room and bar are expressly prohibited.
D.
Parking lots shall not be located closer than 15 feet to any residential
property line and shall be buffered from adjacent residential properties.
E.
A bed-and-breakfast will be permitted only if it is compatible with
its immediate neighborhood.
G.
The Department of Health shall certify that the water supply and
sewage disposal system is adequate for the maximum occupancy of the
proposed facility.
New cemeteries shall be subject to provisions of § 155-60 and the following regulations:
A.
Purpose. It is the intent of the Town of Beekman to provide for the
child-care needs of the residents and those employed in the Town in
a way that promotes the public interest while maintaining the essential
character of the Town's residential, commercial and industrial
areas. This section is developed in recognition of the critical need
for affordable child care for the Town's working parents.
B.
Family and group family day-care homes as defined in § 155-4 shall be permitted, provided that:
(1)
State licensing requirements are met, including those pertaining
to building, fire and safety and health codes.
(2)
Applicable zoning and subdivision uses are adhered to in full.
(4)
An off-street dropoff/pickup area must be provided. A driveway
in conformance with Town standards shall be sufficient for such purpose.
(6)
No structural or decorative alteration that will alter the single-family
character of an existing residential structure or be incompatible
with surrounding residences is permitted.
C.
A special use permit is required for any day-care center, school-age child-care facility or nursery school, as defined in § 155-4, provided that it is in compliance with the following:
(1)
The center facility or nursery school complies with all regulations of § 155-60, Special use permits. In addition, the licensed day-care provider shall submit a copy of said license and other pertinent documents from the New York State Department of Social Services and, if applicable, the New York State Department of Education.
(2)
A site plan in compliance with district zoning is submitted to the Planning Board for its approval, following the procedures in Article VII of this chapter. For site plan approval, day-care centers, school-age child-care centers, or nursery schools shall:
(b)
Be compatible with the character of the neighborhood or district
with regard to scale, design architectural details, materials and
setback, if a new structure or alteration is proposed.
(c)
Provide an outdoor play space as specified by the New York State
Social Service Law. Such area shall be at least 1/4 of the square
footage of the structure in which the facility is housed, screened
from the road from which the center takes access, either by the center
itself or appropriate landscaping or other methods, and be contained,
by fence or other means, to prevent conflicts between adjacent properties
and the facility's activities.
(d)
Provide adequate parking facilities for the day-care center
or nursery school, at least one for every nonresident employee, plus
one for every 10 children, and provide an off-street pickup/dropoff
area either in the driveway or an approved parking area.
(e)
Conform to other requirements, as specified by the Planning
Board, to ensure that the center maintains the character of the neighborhood
or district.
Auto body shops, motor vehicle service facilities/convenience stores and motor vehicle repair facilities shall conform to the requirements of § 155-60 and the following special standards:
A.
The lot on which an auto body shop, motor vehicle service facility,
convenience store or motor vehicle repair facility is located shall
have an area of not less than 20,000 square feet and a frontage of
not less than 125 feet on a street right-of-way line.
B.
No pumps, lubricating and other dispensing devices, and other accessory
services, shall extend within 50 feet of any property line, 60 feet
of any street right-of-way line or 20 feet of any building on the
lot, and they shall be located and accessed on the side or rear of
the station unless deemed impracticable by the Planning Board.
C.
All motor fuel shall be stored in underground tanks in conformity
with the latest edition of the New York State Uniform Fire Prevention
and Building Code. Such tanks shall be located not less than 50 feet
from any property line or street right-of-way line. Facilities shall
be provided to prevent corrosion of underground tanks and piping in
order to prevent the release of flammable substances. All vents and
fill pipes for underground storage tanks shall be located at least
20 feet from any building.
D.
There shall be no outdoor display or storage of inventory, accessories,
motor vehicles, trailers, boats or farm equipment unless permitted
and approved by the Planning Board through the special use permit
process.
E.
When located adjacent to residential districts, the area required
for setback from a property line shall be provided with fences, walls,
embankments or evergreen shrubs or trees, to a height and design acceptable
to the Planning Board so as to screen the structure from adjoining
properties.
F.
All repair, lubrication, painting and other service work shall be
performed indoors. All vehicles awaiting repair shall be stored indoors
or within a fenced or landscaped enclosure conforming to the setback
required for buildings.
G.
No facility used for the sale of gasoline and other automotive fuels
nor the access drive leading to any such facility may be constructed
or erected within 1,000 feet, in any direction, of an existing motor
vehicle service facility providing gasoline sales or any site that
has been granted approval for such use.
H.
To enhance the streetscape, auto body shops, motor vehicle service
facility, convenience stores and motor vehicle repair facilities should
be located and oriented toward the front of parcels, with canopies
and parking located on the rear and side of structures. Canopies and
buildings should be integrated with the use of similar rooflines,
color, materials and layout.
A.
Purpose. The provisions of this section are to help provide peace,
quiet and domestic tranquility with all residential neighborhoods
while recognizing that limited home occupational use can be useful
to the general community as well as the resident/proprietor.
B.
Procedure. Persons seeking to establish a home occupation must seek a special use permit from the Planning Board. The permit expires when the occupation changes or the property is sold. Permitted home occupations operated in any dwelling unit may be operated only if they comply with the provisions of § 155-60 and all of the following conditions:
(1)
A home occupation must be incidental to the use of a dwelling unit
for residential purposes and must be carried out by a resident of
the dwelling unit.
(2)
The dwelling unit must be owner-occupied.
(3)
No more than 50% of the total floor area of the dwelling unit may
be used in connection with a home occupation. This floor area requirement
refers only to heated and habitable rooms within the dwelling unit.
(4)
The retail sale of produce and consumer goods shall be prohibited,
except for the sale of products or goods incidental to the home occupation.
(5)
Only the person or persons who own and occupy the dwelling, and up to two additional persons, shall be employed in the home occupation. Off-street parking shall be provided for each additional employed person and shall conform to § 155-56.
(6)
There shall be no outside evidence of the home occupation, except
that one unanimated, unilluminated, flat or window sign having an
area of not more than two square feet shall be permitted on the street
front of the lot on which the building is located.
(7)
There shall be no exterior storage of equipment, materials or commercial
trucks to be used in conjunction with a home occupation.
(8)
No alteration of the residential appearance of the premises to accommodate
the home occupation is allowed.
(9)
An existing accessory structure can be used for a home occupation,
provided that there are no exterior modifications and that the use
will not change the residential character of the area.
(10)
In no case shall a home occupation be open to the public at
times earlier than 8:00 a.m. nor later than 9:00 p.m.
(11)
No offensive noise, vibration, smoke, dust, odors, heat or glare
shall be produced.
(12)
Electrical or mechanical equipment that creates visible or audible
interference in radio or television receivers or causes fluctuations
in line voltage outside the dwelling unit or that creates noise not
normally associated with residential uses is prohibited.
C.
The following uses are allowed, provided that they comply with the conditions set forth in Subsection B listed above:
(1)
Artist or musician.
(2)
Custom dressmaking/seamstress.
(3)
Tutoring instruction in any area shall be limited to five students
at one time.
(4)
Home crafts.
(5)
Drafting and graphic services.
(6)
Data processing, computer programming and word processing.
(7)
Professional and other consulting services, e.g., interior design,
engineering, financial planning, architecture, law and real estate.
(8)
Medical doctors, dentists, chiropractors and other health-care professionals.
(9)
Gardening and landscape maintenance, so long as no equipment, materials
or commercial trucks used in the occupation are stored or parked on
the exterior premises.
(10)
Foster family care and family-type proprietary houses for adults pursuant to regulations of the New York State Department of Social Services, but not more than four children or four adults. Applicants for this use must first apply to the Planning Board for a special use permit as outlined in § 155-60 of this chapter.
(11)
Single-chair beauty salons or barber shops.
(12)
E-commerce businesses.
D.
Because of parking requirements and other issues of compatibility,
the following uses are specifically prohibited as home occupations:
Notwithstanding the use permitted in any district, the following
regulations shall apply to the keeping of animals in any district:
A.
In the absence of a special use permit and site plan approval as
specified in this chapter, the keeping of large animals, such as horses,
ponies, cattle, goats, pigs, sheep, etc., shall require at least one
acre of open space for each animal, unless contiguous open space in
excess of seven acres is used for such maintenance, in which event
this requirement shall be inapplicable.
B.
The keeping of small animals, such as raccoons, mink, rabbits, birds,
snakes, geese, ducks, chickens, monkeys, dogs, cats, etc., in a total
number of more than 10 on one lot containing less than two acres shall
be prohibited in the absence of a special use permit and site plan
approval as provided below.
C.
The Planning Board may issue a special use permit for the keeping
of animals upon lots containing less than the minimum area set forth
above, subject to site plan approval, provided that the applicant
shall meet all conditions and satisfy the criteria applicable, and
provided further that the Planning Board shall find that adequate
open space and facilities for the proper care of such animals are
available and will be established and that the keeping of such animals
will not interfere with the reasonable use and enjoyment of the property
of others.
D.
Buildings, pens or other structures housing animals or portions of
buildings used for that purpose shall not be located in any required
yard and in no case shall such structures be located 75 feet from
any lot line, road or highway. No manure may be stored within 250
feet of any property boundary line or watercourse.
E.
Fences for keeping of animals shall be located a minimum of four
feet from any lot line, road or highway.
F.
No person shall keep animals upon property in any manner which shall
knowingly interfere with the reasonable use and enjoyment of the property
of others.
A special use permit may be granted for the establishment of a stable used for boarding or for instruction in riding. Such establishments may be used for the boarding and training of horses subject to § 155-60 and when the following conditions are met:
A.
The minimum lot size shall be seven acres.
B.
The use of the property shall be limited to the keeping of one horse
per each 1/2 acre of lot area.
C.
No building in which animals are housed, riding ring, corral, fence
or manure storage area shall be located within 200 feet of any lot
line or street right-of-way, watercourse or wetland.
D.
No horses shall be housed in any building used as a primary residence.
The Planning Board may, as part of the special use permit, allow a
residence in such a structure for a caretaker only. The dwelling unit
must create no health hazard and shall meet all applicable building,
housing and sanitary codes.
E.
Front, rear and side yard areas shall be landscaped, and screening
shall be provided, where necessary, to harmonize with the character
of the neighborhood.
F.
The property shall be so maintained that it will not create a nuisance.
A.
Mobile homes are permitted in mobile home parks only, and are subject to § 155-60 and the following regulations.
B.
Mobile home parks are a use allowed in Residential-Mobile Home Districts
(R-MH) only, subject to site plan approval and the following regulations:
(1)
Park size and capacity. Each mobile home park shall have a minimum
area of 10 acres and shall contain no more than one mobile home for
each 10,000 square feet of net area, excluding land used for access
roads, recreation and service facilities and required yards.
(2)
Size of lots. All mobile homes shall be located on a lot with frontage
on an access road and shall be at least 8,000 square feet in area.
(3)
Clearances.
(a)
Each mobile home shall be located on its own individual space.
The space shall have the following minimum clearances:
(b)
In computing these clearances, lean-tos, auxiliary rooms and
similar accessories connected to the mobile home, including temporary
porches and canopies that are open on two or more sides, shall be
considered as part of the mobile home.
(4)
Automobile parking. There shall be at least two off-road parking
spaces for each mobile home within the mobile home space.
(5)
Parking bay. Each off-road parking space shall be at least nine feet
wide and at least 18 feet long and shall have convenient and ready
access to a roadway.
(6)
Recreation area. A usable area set aside exclusively for recreation
shall be provided within the mobile home park and shall be a minimum
of 10,000 square feet or equal in area to 200 square feet for each
mobile home space in the park, whichever is greater.
(7)
Screening and landscaping. Each mobile home park shall have a landscaped
area at least 25 feet wide along exterior lot lines and street frontages,
suitably planted and maintained to provide visual screening from adjacent
properties. The Planning Board may require additional screening or
fencing, if appropriate.
(8)
Internal road system. Mobile home parks shall have an internal road
system capable of meeting the needs of public safety and welfare,
as determined by the Road Subdivision Regulations of the Planning
Board of the Town of Beekman, New York. Input from the Town of Beekman
Fire Commissioners should be sought regarding emergency service access.
(9)
Utilities. Utilities shall be placed underground.
(10)
Other regulations.
(a)
Mobile home parks are subject to any other Town, county or state
regulations, including but not limited to the Dutchess County Health
Department's regulations regarding water supply and sewage disposal
and state guidelines regarding refuse disposal.
(b)
Any expansion of a mobile home park, or replacement of an existing
mobile home by a mobile home greater than 15 feet in width and 70
feet in length within a mobile home park shall require the submission
of an overall site plan of the entire mobile home park. The Planning
Board may require conformance to all applicable requirements of this
chapter at the time of that submission.
A.
Intent and purpose. It is the intent and purpose of the Town of Beekman
to increase the number of moderately priced dwelling units ("MPDUs")
available for low/moderate-income families.
(1)
Not less than 10% of the total number of dwelling units in a
development containing 10 or more units, or the subdivision of property
to create 10 or more dwellings in a conventional or conservation subdivision,
must be dedicated as MPDUs.
(a)
For the purposes of this section, a development shall be required
to adhere to the regulations contained herein if:
[1]
Ten or more dwelling units are proposed at one
location in the Town; or
[2]
Ten or more dwelling units are proposed as a part
of a development under common ownership or control by an applicant
or controlled by separate corporations in which any stockholder or
family of the stockholder owns 10% or more of the stock.
(b)
All land proposed to be developed by the applicant is considered
to be at one location if:
[1]
The property lines of all the parcels are contiguous,
or nearly contiguous, at any point.
[2]
The property lines are separated only by a public
or private street, road, highway or utility right-of-way, or other
public or private right-of-way at any point.
[3]
The property lines are separated by other land
owned by the applicant which was not subject to this section at the
time of any permit, site plan development or subdivision application
by the applicant.
(c)
An applicant must not avoid this section by submitting piecemeal
applications or approval requests for subdivision plats, site or development
plans, or building permits.
(d)
Any applicant may apply for a preliminary subdivision plat as defined in Chapter 130, Subdivision of Land, site or development plan, record plat or building permit for fewer than 10 dwelling units at any time, but the applicant must agree in writing that the applicant will comply with this section when the total number of dwelling units at one location reaches 10 or more.
(2)
Notwithstanding the foregoing, the Town Board or its designee
shall have the authority to approve a moderately priced housing project
which participates in a state or federal program and set the appropriate
percentage of affordable units and income requirements in accordance
with the requirements of such state or federal program, which may
be different than that set forth by this section.
[Amended 12-2-2015 by L.L. No. 5-2015]
B.
Standard. In addition to those imposed in the site plan or special
permit process, multifamily dwellings shall meet the following requirements:
(1)
Density. The maximum number of dwelling units per lot in each
zone are as listed as follows:
(a)
PH Zone: four dwelling units per 45,000 square feet if it is
served by central water and sewer, otherwise one dwelling unit per
each 45,000 square feet of lot area.
(b)
BH Zone: four dwelling units per 45,000 square feet if it is
served by central water and sewer, otherwise one dwelling unit per
each 45,000 square feet of lot area.
(c)
HR Zone: eight dwelling units per acre.
(d)
Town Center: 12 dwelling units per acre.
(2)
Parking. All parking shall be provided in paved off-street areas according to provisions in § 155-56, with the addition of one visitor parking space per each two units. No parking lot should be closer than 25 feet to the front of any building nor 10 feet to the side or rear of any building. Parking shall be placed to the rear of each building. Parking or storage of unregistered vehicles shall be prohibited.
(3)
Lot specifications. Setbacks, building area coverage and frontage
requirements Schedule B, Schedule of Area and Bulk Regulations.
(4)
Open space. Usable open space, excluding parking, must be available
for tenants. This open area must be a minimum of 150 square feet per
bedroom for adaptation of existing structures and at least 40% of
the gross lot area for new structures.
(5)
Water and sewer facilities. Where connections to the existing
central water and sewer facilities are feasible, such connections
shall be required. Where connections are not feasible, the developer
shall demonstrate that on-site water and septic facilities will adequately
accommodate the proposed density or centralized water and sewer facilities
shall be required of the developer. If centralized water and/or sewer
facilities are required, the developer shall provide assurance of
adequate long-term management and maintenance satisfactory to the
Town. In addition, water systems shall be designed to provide for
satisfactory firefighting capacity.
(6)
Design. The architectural design of new multifamily dwellings
shall be harmonious with the character of immediately surrounding
areas as determined by the Architectural Review Board.
(7)
Recreation fee. A recreation fee will be charged on a per unit
basis for all new rental units as provided for in the current fee
schedule. On-site dedication of land or construction of recreational
facilities may be required in addition to a recreational fee.
(8)
Buffer areas. When necessary to ensure compatibility with the
surroundings, buffer strips shall be provided. Consisting of trees,
hedges, dense plantings, earth berms and changes in grade, these buffers
shall be used, in particular, to separate the more dense character
of multifamily housing from less intensely developed land uses and
to maintain a natural interlude between multifamily structures.
(9)
Screening. Parking lots must not be located closer than 15 feet
to any residential property line and shall be sufficiently screened
to make them fit harmoniously with the community. Plantings shall
be of such type, height and spacing as, in the judgment of the Planning
Board, will effectively screen the activities on the lot from view
of persons standing on adjoining properties. The plan and specifications
for such planting shall be filed with the approved plan for the use
of the lot.
(10)
The front or rear of any building shall be no closer to the
front or rear of another building than 50 feet. The side of any building
shall be no closer than 40 feet to the side, front or rear of any
other building.
(11)
No structure shall exceed 150 feet in length.
(12)
No nonresidential uses shall be permitted in a multifamily residential building, except for a residential sales or rental office associated with the project. Mixed use establishments as permitted in the PH, BH or TC Districts may provide residential dwellings in accordance with the defined densities in § 155-36.2B.
A.
Applicability. The following special use permit standards and requirements
shall apply to all personal wireless service facilities and towers.
For new tower construction or major modification of an existing tower,
a tower construction special use permit is required. For a new personal
wireless service facility or a major modification of an existing facility,
a personal wireless service facility special use permit is required,
except in the case of a new personal wireless service facility to
be co-located on an existing tower with empty available space which
has been approved under an existing valid special use permit, as long
as the additional services/facility does not increase the total EMF
by 25% for the duration of the permit.
B.
Purposes. The purposes of this personal wireless service facilities
and towers section are to:
(1)
Preserve the character and appearance of the Town while simultaneously
allowing adequate personal wireless services to be developed.
(2)
Protect the scenic, historic, environmental and natural or man-made
resources of the community.
(3)
Provide standards and requirements for regulation, placement, construction,
monitoring, design, modification and removal of personal wireless
service facilities.
(4)
Provide a procedural basis for action within a reasonable period
of time for requests for authorization to place, construct, operate
or modify personal wireless service facilities.
(5)
Preserve property values.
(6)
Minimize the total number and height of towers throughout the community.
(7)
Locate towers so that they do not have negative impacts, such as
but not limited to attractive nuisance, noise and falling objects,
on the general safety, welfare and quality of life of the community.
(8)
Require owners of towers and personal wireless service facilities
to configure them so as to minimize and mitigate the adverse visual
impact of the towers and facilities.
(9)
Require tower sharing, clustering of personal wireless service facilities
and the use of stealth technology where possible.
C.
Consistency with federal law. These regulations are intended to be
consistent with the Telecommunications Act of 1996 in that they do
not prohibit or have the effect of prohibiting the provision of personal
wireless services; they are not intended to be used to unreasonably
discriminate among providers of functionally equivalent services;
they do not regulate personal wireless services on the basis of the
environmental effects of radio frequency emissions to the extent that
the regulated services and facilities comply with the FCC's regulations
concerning such emissions.
D.
Exempted wireless telecommunications uses. This section of Article V specifically exempts the following wireless telecommunications facilities: police, fire, ambulance and other emergency dispatch; amateur (ham) radio; citizens band radio; radio dispatch services for local businesses. No personal wireless service facility shall be considered exempt from this section of Article V for any reason, whether or not said facility is proposed to share a tower or other structure with such exempt uses.
E.
Provision of independent consultants.
(1)
Upon submission of an application for a special use permit under this section of Article V, the Town Board shall hire independent consultants of its choosing, whose services shall be paid for by the applicant(s). These consultants shall each be qualified professionals with a record of service to municipalities in one of the following fields: telecommunications engineering; structural engineering; and others as determined necessary by the Town Board.
(2)
The Town Board shall select the independent consultant(s) after consultation
with the Planning Board and/or Zoning Board of Appeals, which may
propose a list of qualified candidates and/or special needs.
F.
Prohibition of teleports. There shall be no teleport(s) within the
Town of Beekman.
G.
Application requirements.
(1)
No tower or personal wireless service facility shall be erected,
constructed or installed without first obtaining a special use permit
from the Planning Board. One or both of two kinds of special use permits
are required:
(a)
For new tower construction (or major modification of an existing
tower).
(b)
Personal wireless service facilities.
[1]
For personal wireless service facilities (or major modification
of an existing facility) to be mounted on an existing or newly permitted
tower or structure where empty available space, approved under an
existing valid special use permit, is not available.
[2]
Personal wireless service facilities to be co-located on an
existing tower or structure with empty available space, approved under
an existing valid special use permit, may be erected, constructed
or installed after obtaining a building permit from the Building Inspector.
The applicant shall provide the Building Inspector, the Planning Board,
the Town Board and the Town Clerk with an updated safety analysis,
prepared by radiation protection experts, of the cumulative electromagnetic
environment in the vicinity of the proposed personal wireless service
facility.
(2)
If the applicant is applying for both permits, they shall be submitted
and examined concurrently. Applications shall be submitted on the
relevant forms for special use permit and site plan approval or development
approval plan. The following additional information must also be submitted.
(3)
Justification of need.
(a)
The applicant shall provide written documentation of any facility
sites in Beekman or in abutting towns in which it has a legal or equitable
interest, whether by ownership, leasehold or otherwise. From each
such facility site, it shall demonstrate with written documentation
that these facility sites are not already providing or do not have
the potential by adjusting the site to provide adequate coverage to
the Town of Beekman. A map of Beekman, which illustrates the areas
which presently have and those which do not have adequate coverage
(based upon engineering evaluations such as drive-by testing) shall
be provided along with a report of the supporting engineering data
suitable for review by an independent consultant. The documentation
shall include, for each facility site listed, the exact location,
ground elevation, height of the tower or structure, type of antennas,
antenna manufacturer, antenna model number, antenna gain, antenna
down-tilt, height of antennas on the tower or structure, number of
channels, maximum effective radiated power per channel, actual radiated
power per channel and actual total radiated power. Radial plots from
each of these facility sites shall be provided as part of the application.
(b)
The applicant shall demonstrate with written documentation that
it has examined all facility sites located in Beekman and in abutting
towns in which the applicant has no legal or equitable interest, whether
by ownership, leasehold or otherwise, to determine whether those existing
facility sites can be used to provide adequate coverage to the Town
of Beekman. The documentation shall include, for each facility site
listed, the exact location, ground elevation and height of the tower
or structure as well as the applicant's proposals for type of
antennas, antenna manufacturer, antenna model number, antenna gain,
antenna down-tilt, height of antennas on the tower or structure, number
of channels, maximum effective radiated power per channel, actual
radiated power per channel and actual total radiated power. Radial
plots from each of these facility sites shall be provided as part
of the application.
(c)
The applicant shall provide a safety analysis of the electromagnetic
environment in the vicinity of a proposed personal wireless service
facility prepared by radiation protection experts.
(d)
The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters (if appropriate for the technology in question) in conjunction with all facility sites listed in compliance with Subsection G(3)(a) or (b) above to provide adequate coverage to the Town of Beekman. Radial plots of all repeaters considered for use in conjunction with these facility sites shall be provided as part of the application.
(4)
Required documentation. The following shall be submitted:
(a)
Copies of all submittals made by the applicant, if required,
pertaining to FCC licensing; environmental impact statements; FAA
notice of construction or alteration; aeronautical studies; and all
data, assumptions and calculations relating to service coverage and
power levels, regardless of whether categorical exemption from routine
environmental evaluation under the FCC rules is claimed.
(b)
The exact legal name, address or principal place of business
and phone number of the applicant. If any applicant is not a natural
person, it shall also give the state under which it was created or
organized.
(c)
The name, title, address and phone number of the person to whom
correspondence or communications in regard to the application are
to be sent. Notice, orders and other papers may be served upon the
person so named, and such service shall be deemed to be service upon
the applicant.
(d)
The name, address, phone number and written consent to apply
for this permit of the owner of the property on which the proposed
tower shall be located or of the owner(s) of the tower or structure
on which the proposed facility shall be located.
(e)
Required plans and engineering plans, prepared, stamped and
signed by a professional engineer licensed to practice in New York.
(NOTE: Survey plans should also be stamped and signed by a professional
land surveyor registered in New York.) Plans shall be on sheets no
larger than 36 inches by 48 inches, on as many sheets as necessary
and at scales which are no smaller (i.e., no less precise) than listed
below, and which show the following information: Each plan sheet shall
have a title block indicating the project title, sheet title, sheet
number, date, revision dates, scale(s) and original seal and signature
of the licensed professional engineer and other professionals who
prepared the plan.
(5)
For new tower construction or major modification of an existing tower,
a tower construction special use permit is required.
(a)
The applicant shall provide a written commitment, valid for
the duration of the existence of the tower, to rent or lease available
space for co-location on the tower, where legally, technically and
economically feasible, without discrimination to other personal wireless
service providers.
(b)
If the applicant is not simultaneously applying for a personal
wireless service facilities special use permit, it shall provide a
copy of its existing lease/contract with a personal wireless service
provider. A tower construction special use permit shall not be granted
for a tower to be built on speculation.
(c)
The following plans and maps shall be submitted:
[1]
A location map, at a scale of one-inch equals 1,000 feet, showing
the applicant's entire property and all easements and streets
and existing structures within 200 feet of the applicant's property.
The location shall include the names of owners of record for all parcels
within 200 feet.
[2]
A survey showing the proposed location, size and use of all
buildings and structures at a scale of one-inch equals 50 feet.
[3]
A conceptual layout of site configurations and improvements,
including proposed tower location and any appurtenances, including
supports and guy wires, if any, and any accessory building (communications
equipment shelter or other), indicating property boundaries and setback
distances to the base(s) of the tower and to the nearest corners of
each of the appurtenant structures to those boundaries, and dimensions
of all proposed improvements.
(6)
In addition to the detailed site plan requirements listed in § 155-59, Site plan review, of this chapter, the Planning Board will require:
(a)
A statement of whether an environmental assessment has been
prepared under the National Environmental Policy Act of 1969 and,
if so, a copy of the findings.
(b)
Proposed utilities, including distance from source of power,
sizes of service available and required, locations of any proposed
utility or communications lines and whether underground or above the
ground.
(c)
Plans of proposed access driveways or roadway and parking areas at the tower site shall include grading, drainage and traveled width, and shall include a cross section of the access drive indicating the width, depth of gravel, paving or surface materials. Proposed access driveways must demonstrate compliance with § 155-56H, Driveways, for the equivalent of a single-family dwelling.
(d)
Details of the proposed tower and appurtenances:
[1]
Plans, elevations, sections and details at appropriate scales,
but no smaller than one inch equals 10 feet.
[2]
Two cross sections through the proposed tower drawn at right
angles to each other and showing the ground profile to at least 100
feet beyond the limit of clearing and showing any guy wires or supports;
dimensions of the proposed height of tower above average grade at
tower base; showing all proposed antennas, including their location
on the tower.
[3]
Details of proposed tower foundation, including cross sections
and details; showing all ground attachments, specifications for anchor
bolts and other anchoring hardware.
[4]
Detail of proposed exterior finish of the tower.
[5]
Indication of relative height of the tower to the tops of surrounding
trees as they presently exist and the height to which they are expected
to grow in 10 years.
[6]
Illustration of the modular structure of the proposed tower
indicating the heights of sections which could be removed or added
in the future to adapt to changing communications conditions or demands.
[7]
A licensed structural professional engineer's written description
of the proposed tower structure and its capacity to support additional
antennas or other communications facilities at different heights and
the ability of the tower to be shortened if future communications
facilities no longer require the original height.
[8]
A description of available space on the tower, providing illustrations
and examples of the type and number of personal wireless service facilities
that could be mounted on the structure.
(e)
Proposed communications equipment shelter:
(7)
For a new personal wireless service facility or major modification
of an existing facility, a personal wireless service facility special
use permit is required, except in the case of a new personal wireless
service facility to be co-located on an existing tower with empty
available space which has been approved under an existing valid special
use permit. The following plans and maps shall be submitted:
(a)
A location map, at a scale of one inch equals 1,000 feet, showing
the applicant's entire property and all easements and streets
and existing structures within 200 feet of the applicant's property.
The location shall include the names of owners of record for all parcels
within 200 feet.
(b)
Proposed facility plan: a recent survey of the facility site
at a scale of one inch equals 50 feet showing:
[1]
Horizontal and radial distances of antenna(s) to the nearest
point on the property line.
[2]
Horizontal and radial distances of antenna(s) to the nearest
dwelling unit.
[3]
Proposed utilities, including distance from source of power,
sizes of service available and required, locations of any proposed
utility or communications lines and whether underground or above the
ground.
[4]
Any changes to be made to the existing facility's landscaping,
screening, fencing, lighting, drainage, wetlands, grading, driveways
or roadways, parking or other infrastructure as a result of this proposed
modification of the facility.
(c)
Proposed communications equipment shelter:
(d)
Proposed equipment plan:
[1]
Plans, elevations, sections and details at appropriate scales,
but no smaller than one inch equals 10 feet.
[2]
Number of antennas and repeaters, as well as the exact locations
of antenna(s) and of all repeaters (if any) located on a map.
[3]
Mounting locations on tower or structure, including height above
the ground.
[4]
Antenna type(s), manufacturer(s) and model number(s).
H.
Approval process.
(1)
Preapplication conference for new towers. The applicant is strongly encouraged to apply for a preapplication conference by requesting a joint meeting of the Town Board, the Planning Board and the Zoning Board of Appeals immediately after establishing its need for a new tower and associated personal wireless service facilities. This action should take place prior to committing to a specific site. The documentation required for review at a preapplication conference for new towers is related to justification of need and is contained in Subsection G(3)(a) and (b).
(2)
Application review. The applicant is encouraged to apply for an application review by requesting a joint meeting of the Town Board, the Planning Board and the Zoning Board of Appeals for the purpose of a preliminary review of the written documentation prepared in accordance with Subsection G and a concept plan prepared in accordance with Subsection G(5)(c) of this section and, for tower construction special use permit applications, the information contained in Subsection G(5) and, for personal wireless service facilities special use permit applications, the information contained in Subsection G(7). The purpose of this joint work session is to evaluate the completeness of the application and to identify whether or not variances would be required from the Zoning Board of Appeals.
(3)
Application for special use permit(s) under this section shall be presented to the Planning Board at least four weeks prior to a public meeting and shall be accompanied by the appropriate fees, written documentation prepared in accordance with Subsection G and a concept plan prepared in accordance with Subsection G(5)(c). For tower construction special use permit applications, the information contained in Subsection G(5) of this section must also be provided as part of the application. For personal wireless service facilities special use permit applications, the information contained in Subsection G(7) must also be provided as part of the application. In evaluating the concept, the Planning Board will apply the parameters of appropriate siting contained in Subsection I(13).
(4)
In order to better inform the public, the applicant shall take the
following actions prior to the public meeting of the Planning Board:
(a)
Balloon test. The applicant shall arrange to fly or raise upon
a temporary mast a three-foot-diameter brightly colored balloon at
the maximum height of the proposed tower. The dates (including a second
date, in case of poor visibility or high wind on the initial date),
times and location of this balloon test shall be advertised, by the
applicant, at seven and 14 days in advance of the first test date
in a newspaper with a general circulation in the Town of Beekman.
The applicant shall inform the Town Board and the Planning Board,
in writing, of the dates and times of the test, at least 14 days in
advance. The balloon shall be flown for at least eight consecutive
hours sometime between 7:00 a.m. and 4:00 p.m. of the dates chosen.
The primary date shall be on a weekend but the second date, in case
of poor visibility, or high wind on the initial date, may be on a
weekday.
(b)
Sign. The applicant shall place a sign of 32 square feet on
the property that is the subject of the application 10 days prior
to the date of the sketch plan review by the Planning Board. The sign
shall face a public street, and the information on the sign describing
the nature of the application must be in lettering clearly visible
to a passerby.
(5)
After receiving sketch plan approval for the site plan, a detailed site plan will be prepared in accordance with § 155-59 of this chapter. Whenever a tower construction special use permit is involved, the applicant will also provide the Planning Board with the information contained in Subsection G(5). Whenever a personal wireless service facility special use permit is involved, the applicant will also provide the Planning Board with the information contained in Subsection G(7).
(6)
Upon official receipt of a complete site plan approval application,
the Planning Board will schedule and conduct a public hearing. At
the close of the public hearing, the Planning Board shall comply with
the provisions of the State Environmental Quality Review Act under
Article 8 of the Environmental Conservation Law and its implementing
regulations:
(7)
Within 62 days of the close of the public hearing, the Planning Board
shall act to approve, deny or approve with conditions the application
for special use permit(s) under this section.
I.
General requirements.
(1)
New towers shall be set back at least one time the height of the
tower, plus 50 feet, from all boundaries of the site on which the
tower is located.
(2)
If the facility or tower site is in a wooded area, a vegetated buffer
strip of undisturbed trees shall be retained for at least 50 feet
in width around the entire perimeter except where the access drive
is located.
(3)
Fencing and signs. The area around the tower and communications equipment
shelter(s) shall be completely fenced for security to a height of
six feet and gated. Use of razor or barbed wire is not permitted.
A sign no greater than two square feet indicating the name of the
facility owner(s) and a twenty-four-hour emergency telephone number
shall be posted adjacent to the entry gate. In addition, "No Trespassing"
or other warning signs must be posted on the fence.
(4)
Communications equipment shelters and accessory buildings shall be
designed to be architecturally similar and compatible with each other
and the neighborhood and shall be no more than 12 feet high. The buildings
shall be used only for the housing of equipment related to this particular
site. Whenever possible, the buildings shall be joined or clustered
so as to appear as one building.
(5)
New towers shall not exceed the minimum height necessary to provide
adequate coverage for the personal wireless service facilities proposed
for use on the tower. All applicants are encouraged to submit a request
for additional height to accommodate future co-location and shall
provide design information to justify such additional height. Towers
shall not exceed 150 feet in height as measured from undisturbed ground
prior to tower construction unless the applicant demonstrates to the
satisfaction of the Planning Board that the greater height is no more
detrimental to the neighborhood or the viewshed of the Town of Beekman
than would be a tower of lesser height.
(6)
Tower finish. New tower(s) shall have a galvanized finish unless
otherwise required. The Planning Board may require the tower(s) to
be painted or camouflaged through the use of stealth technology to
minimize the adverse visual impact. Towers located within residential
zones will require the use of stealth technology so as to make their
presence invisible to the neighborhood.
(7)
Tower(s) must be of a type that will maximize potential co-location.
Lattice-type structures are preferred, but where a monopole is requested,
the applicant must demonstrate the future utility of such structure
for expansion of service for the applicant and other future applicants.
(8)
The use of repeaters (if consistent with the technology under consideration) to assure adequate coverage or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers, is permitted and encouraged. An applicant who has received a personal wireless service facility special use permit under this section of Article V may, with at least 30 days' written notice to the Town Board, the Planning Board, the Building Inspector and the Town Clerk, install one or more additional repeaters by right. Site plan review by the Planning Board shall be required. The Planning Board shall publish written notice of the public meeting date at least 14 days in advance. Applicants shall detail the number, location, power output and coverage of any proposed repeaters in their systems and provide engineering data to justify their use.
(9)
Commercial advertising shall not be allowed on any antenna, tower
or accessory building, fencing or communications equipment shelter.
(10)
Unless required by the Federal Aviation Administration, no night
lighting of towers or the personal wireless service facility is permitted,
except for manually operated emergency lights for use only when operating
personnel are on site.
(11)
No tower or personal wireless service facility that would be
classified as a hazard to air navigation, as defined by the Federal
Aviation Regulations (Title 14 of the Code of Federal Regulations),
is permitted.
(12)
No tower or personal wireless service facility, with the exception
of repeaters, shall be located:
(a)
Closer than 1,500 feet, on a horizontal plane, to any structure,
existing at the time of application, which is or is able to be occupied
or habitable, on the property of any school (both public and private).
(b)
Closer than 750 feet, on a horizontal plane, to an existing
dwelling unit or day-care center, hospital, library, nursing home,
church, synagogue or other religious use or any structure routinely
used for public assembly.
(c)
No repeater shall be located closer than 50 feet to an existing
dwelling unit, or less than 25 feet above the ground.
(d)
Within any of the following prohibited areas:
[1]
A Town of Beekman, New York Department of Environmental Conservation
(DEC) or federally regulated wetland.
[2]
The habitat of any state-listed rare or endangered wildlife
or rare plant species.
[3]
Within 100 feet horizontally of the boundary of any New York
DEC or Town of Beekman regulated wetland.
[4]
Within 50 feet horizontally of the edge of any watercourse and/or
water body.
[5]
Within 1,000 feet horizontally of any historic district or property
listed or eligible to be listed on the state or federal register of
historic places.
[6]
Within 500 feet horizontally of any known archaeological site.
All applications shall be referred to the New York State Historic
Preservation Office for such determination.
(13)
Parameters of appropriate siting.
(a)
Towers and personal wireless service facilities shall be located
so as to minimize the following potential impacts:
[1]
Visual/aesthetic. Towers shall, when possible, be sited off
ridgelines and where their visual impact is least detrimental to highly
rated scenic areas.
[2]
Diminution of residential property values. Siting shall be in
as low population density areas as possible.
[3]
Safety, in cases of structural failure and attractive nuisance.
[4]
Safety from excessive electromagnetic radiation, in case the
tower or personal wireless service facility is found to exceed the
FCC guidelines.
(b)
The following locations are ranked in order of preference:
[1]
Shared use of personal wireless service facilities shall be
strongly encouraged. Applicants who co-locate on towers with empty
available space that has been approved under an existing valid special
use permit require only a building permit from the Building Inspector.
In this case, the applicant shall provide the Building Inspector,
the Planning Board and the Town Clerk with an updated safety analysis,
prepared by radiation protection experts, of the cumulative electromagnetic
environment in the vicinity of the proposed personal wireless service
facility.
[2]
Clustering of towers. Applications for towers adjacent to existing
towers shall be encouraged.
[3]
The use of municipal lands that comply with other requirements
of this section, and where visual impact can be minimized and mitigated,
shall be encouraged.
[4]
The use of repeaters (if consistent with the technology under
consideration) to provide adequate coverage without requiring new
tower(s) shall be encouraged.
[5]
The use of land distant from higher-density residential properties,
and where visual impact can be minimized, shall be encouraged.
(c)
Towers and personal wireless service facilities shall be located
so as to provide adequate coverage with the least number of towers
and antennas which is technically and economically feasible.
J.
K.
Approval criteria.
(1)
The Planning Board shall, in consultation with the independent consultant(s),
make all of the applicable findings before granting the special use
permit, as follows:
(a)
That the applicant is not already providing adequate coverage
to the Town of Beekman.
(b)
That the applicant is not able to use existing towers/facility
sites, either with or without the use of repeaters (if appropriate
for the technology in question), to provide adequate coverage to the
Town of Beekman.
(c)
That the applicant has agreed to rent or lease available space
for co-location on the tower, where legally, technically and economically
feasible, without discrimination to other personal wireless service
providers.
(d)
That the proposed personal wireless service facility or tower
will not have an undue adverse impact on historic resources, scenic
views, residential property values and natural or man-made resources.
(e)
That the proposal shall comply with applicable FCC regulations
regarding emissions of electromagnetic radiation (currently, FCC 96-326).
(2)
Any decision by the Planning Board to deny an application for a special use permit under this section of Article V shall be in conformance with Section 332 [47 U.S.C. § 332(c)(7)(B)(iii)] of the Telecommunications Act of 1996, in that it shall be in writing and supported by substantial evidence contained in a written record.
L.
Evaluation of compliance.
(1)
Excessive emissions. Should the monitoring of a facility site reveal that the site exceeds the appropriate FCC standard (currently, FCC 96-326), then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall submit to the Town Board and the Building Inspector a plan for the reduction of emissions to a level that complies with the appropriate FCC standard (currently, FCC 96-326) within 10 business days of notification of noncompliance. That plan shall reduce emissions to the standard within 15 days of initial notification of noncompliance. Failure to accomplish this reduction of emission within 15 business days of initial notification of noncompliance shall be a violation of the special use permit and subject to penalties and fines as specified in Article XIII of this chapter. Such fines shall be payable by the owner(s) of the facilities with antennas on the facility site, until compliance is achieved.
(2)
Structural/facilities inspection. Tower owner(s) shall be required
to conduct inspections of the tower's structural integrity and
safety every five years, utilizing the services of a professional
with knowledge of structural aspects of towers/facilities who is licensed
to practice in New York State. A report of the inspection results
shall be prepared by the licensed professional and submitted to the
Town Board, the Planning Board, the Town Engineer, the Town Planner,
the Building Inspector and the Town Clerk.
(3)
Unsafe structure. Should any inspection of any tower/facility reveal
any structural defect(s) which, in the opinion of the Building Inspector,
render(s) that tower/facility unsafe, the following actions must be
taken: Within 10 business days of notification of an unsafe structure,
the owner(s) of the tower/facility shall submit a plan to remediate
the structural defect(s). This plan shall be initiated within 10 days
of the submission of the remediation plan and completed as soon as
reasonably possible. Failure to accomplish this remediation of structural
defect(s) within 10 business days of initial notification shall be
a violation of the special use permit and subject to its revocation
and subsequent removal of the tower at the owner's expense.
(4)
Unkempt facility. Should any inspection of any tower/facility reveal
that the facility is not being maintained, which, in the opinion of
the Building Inspector, renders that tower/facility a detriment to
the community/neighborhood, the following actions must be taken: Within
10 business days of notification of an unkempt facility, the owner(s)
of the tower/facility shall submit a plan to remediate the defect(s).
This plan shall be initiated within 10 days of the submission of the
remediation plan and completed as soon as reasonably possible. Failure
to accomplish this remediation of defect(s) within 10 business days
of initial notification shall be a violation of the special use permit
and subject to its revocation and subsequent removal of the tower/facility
at the owner's expense.
M.
Removal requirements.
(1)
Any personal wireless service facility that ceases to operate for
a period of one year shall be dismantled and removed from the site
within 60 days of receipt of a written notice from the Building Inspector.
"Cease to operate" is defined as not performing the normal functions
associated with the personal wireless service facility and its equipment
on a continuous and ongoing basis for a period of one year. At the
time of removal, the facility site shall be remediated such that all
personal wireless service facility improvements that have ceased to
operate are removed. If all facilities on a tower have ceased to operate,
the tower shall also be dismantled and removed from the site within
60 days of receipt of a written notice from the Building and Zoning
Inspector, and the site shall be revegetated. Existing trees shall
only be removed if necessary to complete the required removal.
(2)
Prior to the issuance of a building permit, the owner and operator
of a communications tower shall provide the Town with a surety bond
or other financial security acceptable to the Town Attorney/Counsel
to assure that the funds are available to dismantle such tower, to
remove any debris and to restore the site to a state acceptable to
the Planning Board. The estimate shall be prepared by the applicant's
licensed engineer, verified by the Town Engineer and Planner and approved,
as to form, by the Town Attorney/Counsel. The Town Board shall approve
the amount of such bond.
N.
Fees and insurance.
(1)
Towers and personal wireless service facilities shall be insured
by the owner(s) of towers and/or personal wireless service facilities
against damage to persons or property. The owner(s) of towers and/or
personal wireless service facilities shall provide a certificate of
insurance to the Town Clerk on an annual basis in which the Town of
Beekman shall be an additional named insured. The failure to provide
a certificate of insurance to the Town Clerk on an annual basis naming
the Town of Beekman as an additional named insured shall constitute
a violation of the special use permit and may result in its revocation
and subsequent removal of the tower at the owner's expense.
(2)
A schedule of fees for towers and personal wireless service facilities
permitting and renewal, of escrow fund amounts for independent consultants
and any other fees shall be determined by annual resolution of the
Town Board.
O.
Rehearing. Any Planning Board member may make a request for the Board
to hold a rehearing to review any decision or determination of the
Board not previously reviewed. A unanimous vote of all members of
the Board then present is required for such rehearing to occur. Upon
such rehearing, the Board may reverse, modify or annul its original
order, decision or determination upon the unanimous vote of all members
then present.
A.
Satellite dish antennas are allowed as an accessory use, provided
that they are located in rear yards and meet all applicable provisions
of this section. If a usable satellite signal cannot be obtained from
such rear yard, the applicant may seek a special permit for the satellite
dish antenna to be located on the side yard of the property, subject
to setback requirements contained in Schedule A.[1] No satellite dishes antennas shall be located in front
yards.
[1]
Editor's Note: Schedule A is included as an attachment
to this chapter.
B.
The establishment of a satellite dish antenna is subject to the following
conditions:
(1)
Not more than three satellite dish antennas shall be allowed per
dwelling unit.
(2)
All satellite dish antennas shall be properly anchored as determined
by the Building Inspector.
(3)
The construction and installation of satellite dish antennas shall
conform to all applicable building codes and other regulations and
requirements.
(4)
Satellite dish antennas shall be adequately grounded.
(5)
Satellite dish antennas shall be located to minimize visual impact
on adjacent property and roadways. The color of the antenna should
be compatible with its surroundings. Black and green are colors that
have the least visual impact.
(6)
A landscaped, evergreen planting screen shall be provided for any
ground-mounted satellite dish antenna to screen it from the view of
adjacent lots and public view. The screening should be placed in order
to not interfere with signal reception.
(7)
A satellite dish antenna shall not be located less than 15 feet from
any rear property line or easement.
(8)
A satellite dish antenna shall not exceed a diameter of two feet
or a height of six feet when mounted from the ground.
(9)
Wiring between a ground-mounted satellite dish antenna and a receiver
shall be placed beneath the surface of the ground.
(10)
Roof-mounted satellite dish antennas shall not be mounted on
chimneys, towers, spires or trees. The satellite dish antenna should
be placed below the ridgepole of the roof. Any roof-mounted satellite
dish antenna shall be of the smallest diameter currently available
from the manufacturer.
The Planning Board may approve by special permit the use of a site in the C-2 District and by site plan approval in the C-3 District for the establishment of a self-storage center, pursuant to § 155-60 of this chapter and the following requirements:
A.
Only "dead" storage activities shall be permitted. Retail activities,
store fronts and office activities shall be prohibited within the
self-storage center, except that one office for the operation of the
center and limited retail sales of products and supplies incidental
to the principal use shall be permitted within the office area. The
following are also prohibited: auctions, garage sales, flea markets,
hobby shops, service and repair of motor vehicles, boats, etc., the
operation of power tools, spray-painting equipment, kilns or other
similar equipment storage, including cars; outside storage shall be
prohibited. Motor vehicle parking shall be for customers and employees
only, while they are on the site. Motor vehicles shall not be parked
or otherwise stored outside within the center. Operating hours shall
be limited from 7:00 a.m. to 11:00 p.m.
B.
There shall be a minimum lot area of two acres.
C.
The site shall be located on a state highway.
D.
Setback requirements shall be as follows:
(1)
Front yard, with no parking or access to storage doors: 30 feet.
(2)
Where the site faces an interior industrial park road: 20 feet.
(3)
With parking and/or paved access to storage doors: 75 feet, except
the Planning Board may permit the self-storage center to be constructed
with a front yard setback of not less than 40 feet if, in the opinion
of the Planning Board, the self-storage center can be suitably screened,
by use of fences, natural planting, natural topographical features
or existing buildings, to the extent that the storage doors will not
be visible from the road. Notwithstanding the above, the setback requirements
for a site shall be the same as required by the district in which
it is located.
(4)
Side and rear yards as required by the respective zoning districts.
E.
Where a lot is adjacent to a residential area, screening shall be
provided as in the C-3 Zoning District.
F.
Maximum coverage, height and number of stories shall be as permitted
by the respective zoning districts.
G.
Any lighting shall be shielded from direct light onto the established
uses and away from adjacent property, but it may be of sufficient
intensity to discourage vandalism and theft. However, access and lighting
shall not be permitted on a side facing a residential area, unless
a sufficiently high landscaped berm or buffer area can be provided
to completely shield the building and lighting from residences.
H.
No loading docks or permanent materials-handling equipment shall
be permitted. Storage of gasoline and similar petroleum products,
radioactive materials, explosives and flammable or hazardous chemicals
shall be prohibited, and the operator of the self-storage center shall
include a provision to this effect in any lease used to rent the storage
units.
I.
Off-street parking shall be provided, and there shall be one parking
space per 3,000 square feet of storage area. In addition, the owner
shall submit a plan which establishes that in the event of a change
of use of the site from self-storage to a permitted use, provision
can be made for parking according to the requirements in the zoning
district in which the site is located, which parking shall be shown
on both the areas the owner intends to pave as well as on areas not
paved.
J.
Construction material shall be suitable for withstanding considerable
impacts, and satisfactory provisions for continuous maintenance of
the site and buildings shall be submitted to the Planning Board for
approval.
K.
No further action shall be taken on a proposal for a self-storage
facility until a sketch plan, together with site-specific architectural
drawings, has been reviewed and approved by the Planning Board.
L.
Notwithstanding any provision of this chapter, a site plan conforming
in all respects to the appropriate provisions of this chapter shall
be submitted to the Planning Board for approval.
M.
A sign shall be required, indicating the name and telephone number
of the manager of the self-storage center.
N.
The Planning Board may impose such other conditions as it shall deem
necessary to provide for the orderly development of the site.
[Amended 12-2-2015 by L.L. No. 5-2015]
Unregistered motor vehicles, including but not limited to campers,
trailers, motorcycles, ATVs and popups, may be stored in the R-45,
R-135, R-90, PH, BH and SC Zones in accordance with the following
requirements:
A.
One operable unregistered motor vehicle may be located on or next
to the driveway when it conforms to the required yard setbacks.
B.
Unregistered motor vehicles for sale. No motor vehicle for sale may
be left in a required yard overnight except when placed on the driveway,
but in no case shall it be put within the right-of-way of a public
road.
It is the policy of the Town of Beekman to preserve open space
and to encourage flexibility for development that is screened from
public view. Accordingly, it may be desirable in appropriate circumstances
to locate development on rear lots without requiring compliance with
the otherwise applicable road frontage requirements set forth in the
Schedule of Area and Bulk Regulations,[1] in accordance with the following conditions:
A.
Rear lots are allowed in the R-90 and the R-135 Districts and may
be approved where they will not endanger public health and safety
and will advance the purposes of this chapter, including the preservation
of natural and scenic resources.
B.
The minimum width between the lot lines containing the driveway to
the rear lot must be not less than 40 feet wide along its entire length.
C.
At least 100% of the required minimum lot area for a rear lot shall
be contained in the area of the rear lot which does not include the
area of the minimum accessway to the lot (i.e., 40 feet times the
length of the accessway).
D.
No two accessways to rear lots may abut. The Planning Board may waive
this requirement and allow no more than two abutting accessways to
rear lots when such lots are three times the minimum lot size requirement
for the zoning district, and in which case the two rear lots shall
be served by a common driveway.
E.
A driveway entrance must be a minimum of 20 feet, at its closest point, from another existing or proposed adjacent driveway on the same side of the road, except as allowed in Subsection F below.
G.
Any authorized rear lot must have at least the minimum lot width
specified for the zoning district at the building line established
on the subdivision plat.
H.
In considering the best use of land in a subdivision, the Planning
Board may limit the number and location of such rear lots and the
length of the accessways, and shall require such other changes in
design and layout of the subdivision so that the rear lots will be
in keeping with the Town of Beekman Comprehensive Plan.
[1]
Editor's Note: The Schedule of Area and Bulk Regulations
is included as an attachment to this chapter.
A special use permit may be granted for the establishment of a charitable foundation facility. Such facility may be used exclusively to accommodate the administrative operations of foundation staff, as well as to provide for consultations with those assisted by the organization. The facility shall be nonresidential, except that the foundation may establish a caretaker residence within a detached accessory structure. The issuance of the permit is subject to § 155-60 of this chapter and the following conditions must be met:
A.
Minimum lot size: five acres.
B.
Maximum site coverage by all impervious surfaces including buildings:
25%.
C.
Maximum site coverage by buildings: 5%.
D.
Minimum setback of parking area(s) from any lot line: 60 feet.
E.
Minimum front yard: 100 feet.
F.
Minimum side yard: 80 feet.
G.
Minimum rear yard: 80 feet.
H.
Site plan review shall be coordinated to obtain the recommendations
of the Architectural Review Board pertaining to the site plan and
building details.
I.
Site design, landscaping and all buildings shall harmonize with the
natural and built environs in the vicinity of the site.
J.
There shall be no outdoor storage of equipment or materials.
K.
The living space dedicated to the caretaker residence, if any, shall
not exceed 1,500 square feet.
L.
The maximum number of foundation executives and staff present at
the site at any one time shall not exceed 10.
