In interpreting and applying this chapter, the
requirements contained herein are declared to be the minimum requirements
for the protection of public health, morals, safety, comfort, convenience
and general welfare of the community. This chapter shall not be deemed
to affect, in any manner whatsoever, any easements, covenants or other
agreements between parties; provided, however, that where this chapter
imposes a greater restriction upon the use of buildings or land or
upon the erection, construction, establishment, moving, alteration
or enlargement of buildings than are imposed by other ordinances,
rules, regulation, license, certificates or other authorizations,
by easements, covenants or agreements, the provisions of this chapter
shall prevail. Except as hereinafter provided, the following general
regulations shall apply.
[Amended 9-21-2018 by L.L. No. 1-2018]
No building shall be erected, moved, altered, rebuilt or enlarged,
nor shall any lot or building be used, designed or arranged to be
used for any purpose or in any manner except in conformity with this
chapter and, particularly, with the specific regulations for the district
in which such building or land is located. Any use not specifically
permitted by this chapter is prohibited.
[Amended 9-21-2018 by L.L. No. 1-2018]
Every building hereafter erected shall be located on a lot as
herein defined. There shall be not more than one main building on
any such lot unless specifically approved by the Planning Board as
a related building group.
No yard or other open space provided about any
building for the purpose of complying with the provisions of these
regulations shall be included as any part of the yard or open space
for any other building; no yard or any other open space on one lot
shall be considered as a yard or open space for a building on any
other lot.
[Amended 9-21-2018 by L.L. No. 1-2018]
A. Should a lot hereafter be formed from the part of a lot already occupied
by a building, such separation shall be affected in such a manner
as not to impair conformity with any of the requirements of this chapter
with respect to the existing building and all yards and other required
spaces in connection therewith, and no permit shall be issued for
the erection of a building on the new lot thus created unless it complies
with all the provisions of this chapter and any rules and regulations
which have been or may be adopted for the subdivision of the land.
B. The Planning Board shall be authorized and empowered to approve preliminary
and final plats of subdivisions showing lots, blocks, or sites, with
or without streets or highways, within the Village of Kiryas Joel,
pursuant to § 7-738 of NYS Village Law. It shall do so pursuant
to the procedures of said Village Law and according to the standards
contained herein. It shall be further authorized, for this purpose,
to prepare and adopt additional regulations governing subdivisions
for Village Board approval.
C. The Planning Board shall also be authorized and empowered, pursuant
to § 7-738 of NYS Village Law and simultaneously with the
approval of a plat or plats, to modify applicable provisions of this
Zoning Law, subject to the conditions set forth in § 7-738
of the Village Law.
D. The Planning Board shall also be authorized and empowered to simultaneously
grant preliminary and final approvals of those subdivisions not involving
the construction of new improvements (minor subdivisions), provided
that lots intended for zero lot line development shall not be granted
final approval until such time as building foundations are installed
and final lot line metes and boundaries are matched to such foundations.
E. Minor lot line adjustments of no more than 500 square feet shall
be exempt from the subdivision procedural requirements contained herein,
provided three copies of a plan prepared by a licensed land surveyor
or professional engineer have been submitted describing the conveyances
involved by metes and bounds and in sufficient detail to determine
the situation fits the criteria below. To qualify as a minor lot line
adjustment, the action shall:
(1) Involve the transfer of land between two existing parcels that will:
(a)
Improve the ability of one or both parcels to comply with setback
or other building standards; or
(b)
Increase suitability of one or both parcels for building development;
or
(c)
Add to the availability of open space; or
(d)
Resolve a boundary line dispute or produce a corrected deed;
and
(2) Not reduce the ability of either lot to comply with the applicable
standards of this chapter.
F. The Planning Board shall, within 30 days of the receipt of the lot line adjustment plans, determine whether they comply with the exemption criteria found above. Should it fail to act in the provided time or find the plans do not meet the criteria, such plans shall be processed in accordance with subdivision requirements. If it finds they do qualify as a lot line adjustment, the Board shall sign the plans with the following notation: "These plans are acknowledged by the Village of Kiryas Joel, and for recording purposes only, to represent an exempt lot line adjustment in accord with §
155-14E of the Village of Kiryas Joel Zoning Law. No subdivision approval is required or given." No person shall record plans for any lot line adjustment without so first obtaining the Planning Board's acknowledgement.
Where a question exists as to the proper application
of any of the regulations of this chapter to a particular lot or parcel
because of the peculiar or irregular shape of the lot or parcel, the
Planning Board shall determine how such regulations shall be applied.
[Amended 9-21-2018 by L.L. No. 1-2018]
No permit shall be issued for any structure unless the lot upon
which the structure is to be built has a frontage of at least 18 feet
on a street or highway, which street or highway shall have been suitably
improved or a bond posted therefor.
No portion of the minimum area requirement of
a lot may be achieved by including land under water, land with an
elevation below mean high water or land subject to periodic flooding.
All minimum front, side and rear yard requirements must be satisfied
by measurement on dry land.
[Amended 9-21-2018 by L.L. No. 1-2018]
All accessory buildings, structures and uses shall be located
on the same lot with the principal uses to which they are accessory.
Such accessory buildings, structures or uses shall comply with all
setbacks applicable to principal structures. No accessory building
or structure shall be used for human occupation or business. No storage
container, trailer, mobile home, or similar equipment shall be employed
as an accessory building or structure.
[Amended 9-21-2018 by L.L. No. 1-2018]
In any Residential District, no building or lot shall be used,
and no building or group of buildings, or part of a building or structure,
shall be erected, constructed, enlarged, altered, arranged or designed
to be used, in whole or in part, except for one or more of the uses
set forth below. Only those uses specifically listed as being permitted
shall be permitted.
A. Permitted principal uses, all of which shall be subject to site plan review and approval by the Village Planning Board (see §
155-21), are as follows:
(1) One-family and two-family dwellings.
(3) Village Hall, Village Fire Station, Village Police Station or other
Village use.
(4) Public parks and playgrounds and other recreation facilities intended
for general public use.
(7) Synagogues, ritual baths, public schools, private schools, and other
places of worship or religious observance and instruction.
B. Permitted accessory uses shall be as follows:
(1) Private garden house, toolhouse, playhouse, greenhouse or similar
private accessory use not used for commercial or public purposes.
(2) Private garage or carport for housing private passenger cars of residents
living on the premises.
(3) Home occupations with special permit for Class II home occupations.
(4) Signs used on the same lot in conjunction with a permitted principal
or accessory use provided that such signs are not illuminated or painted
with reflective or luminous-type paint, and are mounted on the building
(not free-standing).
C. Residential District requirements. There is hereby established, and
declared to be a part of this chapter, the following schedule of development
standards for the Residential District. The requirements are subject
to all other provisions of this chapter and, unless otherwise indicated,
shall be deemed to be the minimum requirements in every instance of
their application.
Requirement
|
R District Standard
|
---|
Minimum lot area (square feet)
|
2,000
|
Requirements for 3 story buildings or lower:
|
|
Minimum front yard setback for a public road (feet)
|
30 (from property line)
|
Minimum front yard setback for a private road (feet)
|
20 (from edge of sidewalk)
|
Minimum side yard, main and accessory buildings (feet)
|
15
|
Minimum rear yard, main and accessory buildings (feet)
|
15
|
Maximum building height:
|
|
|
In stories, above basement
|
3
|
|
In feet, from grade to ridge
|
50
|
|
In feet, from grade to top floor ceiling
|
40
|
|
In feet, above top floor ceiling
|
10
|
Minimum building separation
|
|
|
Front to side or rear (feet)
|
45
|
|
Front to front (feet)
|
60
|
|
Side to side (feet)
|
30
|
|
Rear to rear (feet)
|
30
|
Requirements for 4 story buildings:
|
|
Minimum front yard setback for a public road (feet)
|
40 (from property line)
|
Minimum front yard setback for a private road (feet)
|
20 (from edge of sidewalk)
|
Minimum side yard, main and accessory buildings (feet)
|
20
|
Minimum rear yard, main and accessory buildings (feet)
|
20
|
Maximum building height:*
|
|
|
In stories, above basement
|
4
|
|
In feet, from grade to ridge
|
60
|
|
In feet, from grade to top floor ceiling
|
50
|
|
In feet, above top floor ceiling
|
10
|
Minimum building separation
|
|
|
Front to side or rear (feet)
|
60
|
|
Front to front (feet)
|
80
|
|
Side to side (feet)
|
40
|
|
Rear to rear (feet)
|
40
|
*
|
Planning Board may authorize greater heights, subject to limits
imposed by New York State Building Code and the following proportional
increases. For every additional story, add 10 feet to front yard,
five feet to side and rear yards, 15 feet to front to side or rear
separation, 20 feet to front to front separation, 10 feet to side
to side separation, 10 feet to rear to rear separation.
|
[Amended 9-21-2018 by L.L. No. 1-2018]
The provisions of this chapter shall be subject to such expectations,
additions or modifications as herein provided by the following general
supplementary regulations:
A. Yards and setbacks.
(1) Terraces, patios, decks, balconies, stairways and porches.
(a)
A patio, deck, or balcony of at least 100 square feet shall
be provided for each dwelling unit with two bedrooms. For each additional
bedroom, an additional 30 square feet of patio, deck or balcony shall
be provided. On any building visible from a public or private street,
materials shall not be permitted on exterior wall surfaces that are
not in a proper arrangement or combination of a permanent nature with
good architectural design and appeal. Decks, railings, porches, and
stairways shall be stained or painted to create a quality aesthetic
appearance. No unpainted or raw wood used in the construction of any
porch, deck, railings, or outdoor staircase, etc., shall be visible
from any public or private street. All exterior painting shall be
completed within three months of installation of the wooden materials.
A certificate of occupancy shall not be issued if the raw wood remains
unpainted unless a cash bond in the amount of the full cost of painting
is deposited into an escrow account to secure the work will be completed.
[Amended 9-23-2022 by L.L. No. 5-2022]
(b)
A terrace, patio, deck, balcony, enclosed stairway or porch/stoop
shall be considered a part of the building in determination of yard
size. All such structures shall be completely outside all setback
areas. All structures requiring a guard rail shall provide same to
the height and specifications required by the NYS Building Code.
(c)
Any unenclosed stairway shall not be considered a part of the
building in the determination of the size of the yard, and may extend
into any yard. Unenclosed stairways shall be a maximum of one story
in height with no roof, and shall have a maximum of 20 stairs. No
habitable space shall be allowed under unenclosed stairs.
(2) Walls and fences. The yard requirements of this chapter shall not
be deemed to prohibit any necessary retaining wall, including one
used in conjunction with landscaping or terracing, nor to prohibit
any fence or wall, provided that in any R district such fence or wall
shall not exceed four feet in height in any required yard.
(3) Visibility at intersections. At any street intersection in any R
district, no fence, wall or other structure or planting more than
three feet in height shall be erected, placed or maintained so as
to impair sight distances or otherwise create an unsafe traffic condition.
(4) Corner lots. On a corner lot in any R district, there shall be provided
a yard on each street equal in depth to the required front yard on
such streets. A rear yard shall be provided on each corner lot, and
the owner shall elect which yard is the rear yard.
(5) Zero lot line development. A dwelling unit may be placed on one interior
side property line (a zero setback), provided such property line also
serves as the side lot line for the lot opposite. There shall, to
maintain privacy, be no windows, doors, air conditioning units, or
any other type of openings in the wall along the zero lot line. Any
building wall separating two or more dwelling units located on the
lot line shall be of a firewall construction.
B. Height exceptions. The height limitation of this chapter shall not
apply to chimneys, ventilators, and necessary mechanical appurtenances
usually carried above the roof level. Such features, however, shall
be erected only to such height as is necessary to accomplish the purpose
they are intended to serve.
C. General residential building regulations.
(1) Maximum size of a residential building shall be 10,000 square feet
per floor, outside dimensions. Maximum building length shall be 200
feet, outside dimensions.
(2) All basements in residential buildings must be assigned a use at
the time of site plan review.
(3) All dwelling units shall have at least one window facing the street
to allow observation of outdoor play spaces and bus arrivals. All
windows 10 feet or higher from the ground shall have window gates.
(4) A second means of egress shall be required for all dwelling units.
(5) One light/dark detector controlled floodlight shall be provided above
each main entrance.
(6) Each dwelling unit shall be provided with a minimum of 10 square
feet in a fully enclosed solid waste enclosure. Enclosures for trash
cans shall have a top.
[Amended 9-21-2018 by L.L. No. 1-2018]
All permitted principal uses shall be subject to site plan review
and approval by the Village Planning Board as set forth below.
A. Application for site plan review. Application for site plan review shall be made to the Village Planning Board, and the Planning Board shall be authorized to undertake all necessary reviews, including architectural review, and make all determinations, including approvals or disapprovals, of such applications. The Planning Board shall, before approving a site plan hereunder, find that all of the following conditions and standards have been met, which shall be in addition to those applicable to the Commercial District as set forth in §
155-22 and such other requirements as are applicable to specific uses and set forth below:
[Amended 9-23-2022 by L.L. No. 5-2022]
(1) The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it, the size
of the site in relation to it and the location of the site with respect
to streets giving access to it are such that it will be in harmony
with the appropriate and orderly development of the district in which
it is located.
(2) Operations in connection with any special use will not be more objectionable
to nearby properties than would be the operations of any permitted
use not requiring a special permit.
(3) Parking areas shall be of adequate size for the particular use, properly
located and suitably screened from adjoining residential uses, and
the entrance and exit will be laid out so to achieve maximum safety.
Parking areas shall include sufficient area for a vehicle to safely
maneuver in and out of every space.
(a)
Residential uses shall be provided with one off-street parking
space per dwelling unit of 999 square feet and larger; two off-street
parking spaces per three dwelling units smaller than 999 square feet;
and two off-street parking space per 2,500 square feet of unrenovated
basement. Parking area for basement uses shall be set aside at the
time of site plan approval. Parking needs with respect to all other
uses shall be determined in conjunction with site plan review.
(b)
All site plans shall include a parking calculation table. Handicapped
parking shall be provided in the location and quantity to meet the
guidelines of the Americans with Disabilities Act (ADA). All parking
spaces must be built before a certificate of occupancy is issued.
(c)
The amount of nonresidential parking required shall be based
on the type of use listed below.
Use
|
Parking Requirement
|
---|
Commercial/retail/industrial uses
|
1 space per 250 square feet floor area
|
Places of public assembly
|
1 space per 50 square feet public floor area
|
Home occupations (Class II)
|
1 space per 350 square feet of floor area devoted to use in
addition to the residential parking requirement
|
(d)
Each parking space shall consist of not less than an average
of 270 square feet of usable area for each motor vehicle, including
interior driveways, driveways connecting the garage, or parking space,
with a street or alley. Garages, and driveways not in the public right-of-way
may be considered parking spaces. The minimum size parking space shall
be nine feet in width and 18 feet in depth.
(e)
Any lighting used to illuminate any off-street parking shall
be so shielded as to deflect the light away from adjoining premises
and public rights-of-way and avoid light spillage onto adjacent properties.
(f)
All parking areas which are designed to accommodate 12 or more
vehicles shall be landscaped using materials of sufficient growth
and height to aesthetically balance the impact of the open paved area
and provide effective stormwater control.
(g)
Parking areas should be designed such that no vehicle might
directly back out onto a pedestrian walkway or sidewalk. Traffic flows
through a parking area should be minimized and limited to connections
from one lot to another and to the public street or through road.
(4) Any building erected, converted or enlarged for commercial, retail,
office, manufacturing, wholesale, institutional or similar uses shall,
in addition to the off-street parking space required above, provide
adequate off-street areas for loading and unloading of vehicles. Public
rights-of-way shall, under no circumstance, be used for loading or
unloading of materials and no loading area shall be designed so as
to require the backing of vehicles out over a sidewalk or into the
street.
(a)
The minimum size loading space shall be 60 feet in depth and
12 feet in width, with an overhead clearance of 14 feet.
(5) Access to and from all nonresidential off-street parking, loading
and vehicle service areas shall comply with all permitting requirements
and standards of the Village of Kiryas Joel, County of Orange or New
York Department of Transportation standards, as the case may be. Each
entrance and exit shall be clearly defined with curbing, fencing or
vegetative screening so as to prevent access to the area from other
than the defined entrance and exits. All nonresidential parking and
loading areas shall be separated from the paving edge of a street
or adjoining property line by a planting strip at least 10 feet in
depth.
(6) A minimum of one shade tree of 2-1/2-inch trunk caliper, and 12 feet
to 14 feet in height, shall be planted per each dwelling unit or 2,500
square feet of commercial space, on the lot in a location approved
by the Planning Board or, if offsite, as directed by the Village Department
of Public Works.
(7) Identification signs for nonresidential uses, not illuminated and
visible to the public from the street giving access, will be permitted,
subject to determination by the Planning Board that the design and
location of said sign or signs will, to the maximum extent possible,
not be objectionable to nearby residential properties. Refer to sign
definition for size requirements.
(8) All nonresidential uses shall provide space for garbage enclosures
adequate for anticipated solid waste.
B. Required plans. Plans for a proposed development shall be submitted
with a completed site plan application. Plans for a proposed special
permit use shall be submitted with a completed special permit application.
The plans shall show the location of all existing and proposed buildings,
parking areas, traffic access and circulation drives, water supply
lines, sanitary sewers, storm drainage facilities, street lighting,
open spaces, landscaping, topography, special features and any other
pertinent information about neighboring properties that may be necessary
to determine and provide for the enforcement of this chapter.
C. The proposed site plan shall show the general layout of roads, driveways,
parking areas, and buildings, including their general character, height,
and proposed uses, means of access and egress, and such other features
as shall enable the evaluation of the plan, including its relationship
to existing and proposed development in the vicinity of the site plan.
D. The following drawings will be required for a complete application.
All drawings must be signed and sealed by an architect, engineer,
surveyor or landscape architect, as appropriate.
(1) Cover sheet with location map and list of plans.
(2) Architectural rendering. Architectural elevation views showing color
and materials for all building sides, roof and decks.
(3) Existing conditions survey. Show topography, structures, surface
types, property boundaries, adjacent features within 200 feet, utilities.
(4) Site plan. Show roads, curbs, sidewalks, walkways, walkway easements,
ADA ramps, driveways, buildings, parking, pavement markings, traffic
control signs, trash enclosures.
(5) Grading plan. Show site plan features with existing and proposed
grading.
(6) Utility plan. Show water service, sewer, electric connections, hydrants.
(7) Lighting plan. Show location of fixtures, light intensity (lumens)
across the site.
(8) Drainage plan. Show stormwater pipes and structures, stormwater management
features.
(9) Landscape plan. Show street trees, lawn, building foundation and
other plantings.
(10)
Details plan(s). Show all relevant construction details, e.g.
pavement, curb and storm inlet details, trash enclosures, light fixtures,
etc.
E. Planning Board review.
(1) All site plan applications will be subject to review in accordance
with the regulations of the NY State Environmental Quality Review
Act (SEQRA) prior to any site plan decisions.
(2) The Planning Board will follow all requirements for site plan review
stipulated in NYS Village Law. In addition, the Planning Board may
require perspective drawings and/or renderings and shall exercise
aesthetic judgment and prevent construction, reconstruction, or alteration
out of harmony with the existing buildings insofar as style, materials,
color, and lines.
[Amended 9-23-2022 by L.L. No. 5-2022]
(3) All site plan applications must be approved by a majority vote of
the Planning Board, except in the case where a county mandated review
under Section 239m of General Municipal Law recommends modification
or disapproval of a proposed action, in which case a vote of a majority
plus one will be required.
(4) All site plan applications shall require drawings signed and sealed
by appropriate professional(s) licensed by the State of New York Department
of Education.
(5) All site plan approvals will include a resolution specifying what
the approval is for, and listing all conditions of approval. All site
plan denials will include a resolution specifying the reasons for
the denial.
(6) A site plan approval is valid for two years unless a building permit
has been issued and construction initiated, in which case the approval
will be extended to the approved closing date of the building permit.
F. Site plan hearing. After review of the site plan application materials,
the Planning Board shall set a public hearing in accordance with Article
7 of the Village Law. The Planning Board shall thereafter render a
report which approves, disapproves or approves subject to stated modification.
An approval shall also constitute special permit approval, and the
applicant developer may thereafter apply for all required building
permits in accordance with such special permit and may be required
to post performance bonds to assure the installation of all necessary
roads, utilities and other required features.
G. Supplementary standards applicable to particular uses.
(1) Home occupations. Home occupations, as defined herein, shall be subject
to the following regulations and standards, whether permitted as an
accessory use (Class I) or special permit use (Class II):
(a)
More than one Class I (minimal impact) home occupation may occur
on a single residential premises. However, the cumulative impacts
must fall within the limits of these standards.
(b)
The home occupation activity, whether located within the dwelling
or in a basement, shall occupy an enclosed space of no more than 1,000
square feet or 50% of the gross floor area, whichever is less.
(c)
An outdoor entrance, separate from the residential entrance,
must be provided for all home occupation spaces.
(d)
There shall be no indication of the home occupation from the
exterior of the building except for a single sign not exceeding four
square feet. Modifications to a structure shall not alter its primary
residential character.
(e)
No outdoor display of goods or outdoor storage of equipment
or materials used in the home occupation shall be permitted in the
front yard of the premises. Such goods, equipment or materials may
be displayed or stored elsewhere on the property if appropriately
screened by a fence or natural vegetation, provided that any such
outdoor storage does not occur within 20 feet of an adjacent property
line.
(f)
Visitation to the dwelling for purposes of the home occupation
by any persons other than members of the household shall be limited
to the business hours of 8:00 a.m. to 6:00 p.m., Sunday through Friday.
Only members of the household occupying such dwelling shall be employed
on the premises in the conduct of a home occupation outside of these
hours.
(g)
Sufficient off-street parking shall be provided in accordance with §
155-21A(4)(a). Such spaces shall be accessed from the residence driveway and designed so as to minimize disturbance to adjacent units or properties, including screening if necessary.
(h)
The home occupation shall be fully consistent with all other
provisions of this chapter. When the use exceeds the relevant home
occupation standards, the use shall no longer be considered such a
home occupation. Any home occupation that exceeds these requirements
shall, upon notice from the Building Inspector, cease and desist all
activity related to such use until such time as a permit as provided
hereunder for an allowed principal use has been obtained from the
Village Building Inspector or the operation has been made to again
conform with the applicable limitations for a home occupation.
(i)
The home occupation shall not utilize substantially more water
than a residential use. The home occupation shall comply with all
necessary Health Department requirements in regards to the utilization
of water or solid waste disposal and shall be subject to separate
water and solid waste disposal charges for the home occupation.
(j)
If any home occupation causes traffic congestion on the street,
the cost of traffic control and/or improving the street, shall be
borne by the owner of the building or unit in which the home occupation
is housed. This requirement shall be enforced by the Department of
Public Safety or the Department of Public Works as appropriate.
(2) Multifamily dwellings. The following design criteria shall apply
to multifamily developments:
(a)
There shall be no more than 35 dwellings in each multifamily
building. Fire wall separations, vertical and horizontal, shall be
constructed in the locations and with the materials meeting NYS Building
Code standards.
(b)
No building shall be constructed within 10 feet of the edge of any parking area. All buildings shall be fully subject to the yard, setback and other development standards of §
155-19C. Setbacks shall apply to both public and private streets and other accesses serving multiple dwelling units.
(c)
Access roads through the development and other private streets shall comply with Village of Kiryas Joel street requirements (Chapter
124) and no parking space shall be designed such that a vehicle would be backing or driving out over a walkway. There shall be a defined entrance and exit to and from each parking area.
(d)
No multifamily development shall be served by more than one
entrance and one exit (combined) from any public highway, unless topography
or other physical circumstances would preclude the use of a single
entrance in a safe manner.
(e)
All off-street parking shall be adequately lighted and so arranged
as to direct lighting away from residences.
(f)
All multifamily developments shall provide a minimum of 50 square
feet of playground area per unit, with play equipment. Playground
space shall be aggregated to achieve areas of sufficient size to provide
tot lot equipment. Tot lots shall be located in an area convenient
for use of residents and as approved by the Planning Board.
(g)
The amount of uncontrolled stormwater leaving the site along
any property line after development shall not exceed that estimated
for the site prior to development. In instances where stormwater facilities
are impractical for engineering reasons, the Planning Board may modify
this standard as it applies to a particular project but shall provide
for the maximum practical reduction in flow that can be achieved under
the circumstances.
(h)
Maintenance of a multifamily project shall be vested in:
[1]
An association, condominium board or other legal entity organized
prior to the offering of the first unit for occupancy; or
[2]
A manager, who may be the developer, or a person designated
by the developer before the developer offers a unit for occupancy;
or
[3]
The owners or occupants of units themselves if the total number
of owners or occupants within the development is not more than five.
(i)
The association or manager, as the case may be, shall be responsible
for maintenance, repair and replacement of the common areas of the
development including buildings and, if applicable, the furniture,
fixtures and equipment within the units. The project instruments shall
specify the expenses that the maintenance organization may incur and
collect from purchasers as a maintenance fee and secure maintenance
of the project and enforcement of applicable covenants and restrictions
in perpetuity.
(j)
All general regulations of residential districts listed in §
155-20 shall be required.
[Amended 9-21-2018 by L.L. No. 1-2018]
A. Purpose. The Commercial District is intended to enable the development
of various commercial and related retail uses in a planned pattern.
Permitted uses, and the intensity of development of such uses, shall
be in accordance with site plan reviews and approvals. All other proposed
principal or accessory uses shall be subject to the site plan and
special permit procedures herein required.
B. Permitted principal uses.
(1) Permitted principal uses, all of which shall be subject to site plan
review by the Planning Board, shall be as follows:
(a)
Institutions, including educational and religious uses, nursing
homes and cemeteries.
(c)
Warehouses, industrial, light industrial and storage uses.
(2) Prohibited uses shall include casinos and gambling, outdoor sports
facilities, theaters and adult entertainment.
C. Special permit uses.
(1) Local retail uses. Such uses shall be permitted in the Commercial
District, subject to approval of a site plan in conjunction with an
application for a special permit.
D. Commercial District requirements. There is hereby established, and
declared to be a part of this chapter, the following schedule of development
standards for the Commercial District. The requirements are subject
to all other provisions of this chapter and, unless otherwise indicated,
shall be deemed to be the minimum requirements in every instance of
their application.
Requirement
|
C District Standard
|
---|
Minimum lot area
|
2 acres
|
Setbacks:
|
|
Minimum front yard setback
|
50 (from property line)
|
Minimum side yard, main and accessory buildings (feet)
|
35
|
Minimum rear yard, main and accessory buildings (feet)
|
35
|
Maximum building height
|
|
|
In stories, above basement
|
6
|
E. Standards for development. A proposed development in the Commercial
District shall consist of at least two acres and shall demonstrate
proper relationship of site plan elements to adjoining uses and activities.
(1) Planning intent. It is intended that the application of these regulations
for the Commercial District shall result in a unified pattern of uses
within such district. It is further intended that in that same vicinity
there shall be a concentration of the highest density of residential
development.
(2) No building shall exceed six stories in height. All buildings shall
be sited so as to enable convenient pedestrian access to community
facilities and local shopping areas.
(3) Off-street loading and unloading areas for delivery of materials
and supplies as well as arriving buses or other forms of public transportation
shall be provided. Such facilities shall be sufficient in size to
accommodate the volume of activity anticipated, and be located away
from adjoining residences, or screened from them with landscaping
and/or fences, to the maximum extent possible.
Except as otherwise provided in this section,
the lawfully permitted use of land or buildings existing at the time
of the adoption of this chapter or any amendment thereto may be continued
although such use does not conform to the regulations specified by
this chapter for the district in which such land or building is located.
Said uses shall be deemed nonconforming uses.
A. Nonconforming use of buildings.
(1) A building or structure, the use of which does not
conform to the use regulations for the district in which it is situated,
shall not be enlarged or extended unless such building or structure,
including such enlargement or extension, is made to conform to all
regulations, including use, for the district in which it is situated;
provided, however, that where the public welfare, health or safety
warrants a reasonable and necessary extension, such extensions may
be temporary or permanent, and permission therefor shall be obtained
by application to and approval by the Planning Board.
(2) Such nonconforming building shall not be structurally
altered unless such alterations are required by law; provided, however,
that such maintenance and repair work as is required to keep a nonconforming
building or structure in sound condition shall be permitted; and provided
further that any such nonconforming use may be extended throughout
any parts of the building which were lawfully and manifestly arranged
or designed for such use at the time of the adoption of the provision
of this chapter which made such use nonconforming.
(3) A nonconforming use of a building may be changed only
to a conforming use.
(4) If any nonconforming use of a building ceases for
any reason for a continuous period of more than 120 days, or is changed
to a conforming use, or if the building in or on which such uses is
conducted or maintained is moved for any reason, then any further
use of such building shall be only in conformity with regulations
specified by this chapter for the district in which such building
is located.
(5) If any building in or on which any nonconforming use
is conducted or maintained is hereafter removed, the subsequent use
of the lot on which such building was located and the subsequent use
of any building thereon shall be in conformity with the regulations
specified by this chapter for the district in which such land or building
is located.
B. Nonconformity, other than use. A building that is conforming in use but does not conform to the height, yard or lot area requirements of this chapter shall not be considered to be nonconforming within the meaning of Subsection
A. However, no permit shall be issued that will result in the increase of any such nonconformity.
C. New buildings on nonconforming lots.
(1) A permit may be issued for the erection of a building housing a permitted use on any lot which has been made nonconforming with respect to area, depth, width or frontage requirements, by the adoption of this chapter or the
Zoning Map, or any amendment thereto, provided that a valid conveyance has been recorded or a bona fide contract of sale for said lot has been executed and delivered prior to the date of the adoption of the provision of this chapter that made the lot nonconforming.
(2) In the case of a lot having nonconforming dimensions in a particular
district, the minimum required front and rear yards shall be those
of the Residential District in which said lot's depth would meet the
requirements of this chapter and the minimum required side yards shall
be those of the Residential District in which said lot's width would
meet the requirements of this chapter, but in no case shall such yards
be less than would have been required prior to the date of adoption
of this chapter.
[Amended 9-21-2018 by L.L. No. 1-2018]
[Amended 9-21-2018 by L.L. No. 1-2018]
A. The affordable housing requirements of Chapter
47 of the Village of Kiryas Joel Code shall apply to new residential development within the Village of Kiryas Joel.
B. A table demonstrating compliance with the affordable housing requirements of Chapter
47 shall be shown on the site plan of every applicable project application. The table shall include calculations of the minimum percentage allocation (MPA) for all qualifying owner and rental unit developments. The table shall indicate unit numbers, locations, sizes and any other required information relevant to MPS affordable housing. Corresponding unit numbers shall be clearly shown on the building plans
[Amended 9-21-2018 by L.L. No. 1-2018]
The requirements of Chapter
60 of the Village of Kiryas Joel Code shall apply to community rooms within the Village of Kiryas Joel.
[Added 9-4-2007 by L.L.
No. 3-2007; amended 9-21-2018 by L.L. No. 1-2018]
A. Findings of fact; word usage. The Board of Trustees finds that environmentally
friendly pedestrian travel, which produces healthful benefits for
the residents, is a predominant form of transportation in the Village.
Safe, properly designed and located pedestrian walkways are required
to support residential development in the Village. The failure to
provide and make available walkways and walkway easements is an adequate
reason to deny development until such time as such walkways and walkway
easements are provided. Walkways shall be integrated in an organized
system to meet the pedestrian needs of the public. The term "walkways"
and "sidewalks" may be used interchangeably, but shall not be limited
in location to the sides of streets. The term "walkway" is inclusive
of a sidewalk, which is typically a pedestrian walk located parallel
to and next to a street curb.
B. Requirement for walkways and walkway easements on site plans and/or
subdivision plats containing residential or nonresidential uses.
(1)
Before the Planning Board may approve a site plan or subdivision
plat containing residential or nonresidential uses, such a site plan
or subdivision plat shall also show, when required by this chapter,
walkways and walkway easements for public pedestrian use. Such walkways
and walkway easements shall, at the discretion of the Planning Board,
be classified in two classes. Class A walkways and walkway easements
shall be those determined by the Planning Board to be immediately
necessary. Class A walkways shall be suitably constructed by the developer
prior to the issuance of a certificate of occupancy for any building
shown on the site plan or subdivision plat. Class B walkways shall
be those which may be constructed at a later time and may be constructed
in conjunction with and for the benefit of later development. All
walkways and walkway easements shown on a site plan or subdivision
plat shall be clearly designated as Class A or Class B, in accordance
with this section, but the failure to so designate such walkways shall
not prohibit the Village from requiring their construction.
(2)
Prior to final approval, the developer shall deliver to the
Village all offers of dedication, deeds, and/or easements, in fully
executed final form for recording, together with executed recording
documents and such other instruments which may be required. The Village
Attorney shall approve such documents as to form.
(a)
All walkways with walkway easements for public use shall be
open to the public for that portion of the site for which a certificate
of occupancy has been issued.
(3)
Walkways shall be considered the same as sidewalks and are public
improvements for the purposes of Article 7 of the New York State Village
Law.
(4)
All walkways shall be:
(a)
A minimum of six feet wide and properly paved;
(b)
Properly laid out to ensure safe usage and handicapped accessible.
The grades shall be designed to be safely used by wheelchairs and
carriages and shall conform to ADA standards;
(c)
Properly illuminated in accordance with the street specifications
having a minimum of one street light, or equivalent, located on the
premises.
(5)
All sidewalks shall be in compliance with specifications for sidewalks in Chapter
124, Street Specifications.
[Amended 9-21-2018 by L.L. No. 1-2018]
All synagogues, ritual baths, public schools, private schools,
colleges and universities, cemeteries and other places of worship
or religious observance and instruction shall require review and approval
of the Planning Board and shall meet the following standards:
A. All such uses shall include adequate provision for parking at times
of maximum attendance or use of the premises, with landscaping and
controls over lighting as may be required so as to protect and not
adversely affect adjoining residential properties, and with means
of ingress and egress which are properly related to the street system.
B. Off-street loading and unloading areas for delivery of materials
and supplies as well as arriving buses or other forms of public transportation
shall be provided. Such facilities shall be sufficient in size to
accommodate the volume of activity anticipated, and be located in
accordance with Planning Board approval.
C. The secondary use of such facilities for catering hall purposes shall
require additional parking as may be required to accommodate the added
activity. Structures used for this purpose shall be subject to side
and rear yard requirements of 50 feet wherever the adjoining property
is in residential use. Such secondary uses shall be subject to site
plan review by the Village Planning Board, which may impose additional
limits with respect to place, time and nature of the operation.
A. The Village Board may establish new Planned Unit Development
(PUD) districts to encourage development of functionally integrated
residential neighborhoods and commercial areas. The Village Board
shall establish PUD Districts in the following manner:
(1) The owner(s) of the land in a proposed PUD District shall initially
apply to the Planning Board for the establishment of a PUD District.
The application shall be in writing and include a detailed sketch
plan describing the proposed development's principal features and
proposed phasing.
[Amended 9-21-2018 by L.L. No. 1-2018]
(2) The Planning Board shall review the sketch plan and
related documents and render a report to the applicant on the acceptability
of the proposal along with recommendations for changes or improvements,
if any. An unfavorable report shall state clearly the reasons therefor
and, if appropriate, advise the applicant what revisions are necessary
to receive acceptance.
(3) Upon receipt of the Planning Board's report, which
shall be made within 62 days of the meeting at which the sketch plan
is initially presented, the applicant shall submit a preliminary site
plan for the project to the Planning Board.
(4) Within 62 days of the receipt of a completed preliminary
development plan, the Planning Board shall review such submission,
act upon the SEQRA submission, conduct a public hearing on the development
plan and recommend action to the Village Board regarding establishment
of a PUD District to accommodate the proposed project. It shall concurrently
approve, disapprove or approve with the modifications the preliminary
development plan, conditioning any approval on action of the Village
Board with respect to the PUD District.
(5) When the Planning Board has approved a development
plan for a proposed district, the Village Board shall proceed to consider
amendment of this Zoning Law in accord with the Village Law, conducting
a hearing and acting upon the same within 90 days of the meeting at
which the Planning Board's recommendation is received. The Village
Board shall provide for County Planning Department review of the proposal
as required by law and may attach conditions to its approval.
(6) When any PUD district is not substantially developed
in accordance with the approved preliminary development plan for a
period of three years from the effective date of its establishment,
and provided that it shall then appear that rights vested in persons
acting in good faith in reliance on such zoning classification will
not be prejudiced thereby, the Village Board, upon resolution and
no earlier than 62 days following written notice to the applicant,
may declare the change in classification to a PUD District voided.
The Village hereby exercises its authority under § 10 of
the Municipal Home Rule to supersede the New York State Village Law
so as to permit voiding of a zoning change without resorting to further
rezoning procedures.
(7) After the Planning Board has approved the preliminary development
plan, and provided the Village Board has approved the establishment
of the PUD District, the applicant shall prepare a final development
plan and submit it to the Planning Board for final approval. The final
development plan shall conform substantially to the preliminary development
plan approved by the Planning Board, incorporating any revisions or
other features that may have been recommended by the Planning Board
and/or the Village Board at the time of preliminary review. Within
62 days of the receipt of a completed application for final development
plan approval, the Planning Board shall review and act on such submissions
and so notify the Village Board. A copy of the approved final development
plan shall be filed in the Orange County Clerk's office.
[Amended 9-21-2018 by L.L. No. 1-2018]
B. General requirements.
[Amended 9-21-2018 by L.L. No. 1-2018]
(1) Location. A PUD District may be permitted anywhere within the Village
of Kiryas Joel.
(2) Permitted uses. All permitted principal and accessory uses shall
be permitted in PUD Districts.
(3) Other zoning regulations. Setback and height requirements within
a PUD District may be waived or modified by the Planning Board to
accommodate innovative functionally integrated designs and site plans.
Notwithstanding this, no structure shall be located within 75 feet
of any rear or side lot line or 50 feet of any front lot line for
the project as a whole and no structure shall exceed six stories or
75 feet in height. Such project shall also otherwise comply with all
other provisions of this chapter.
The Village of Kiryas Joel Village Board shall
be authorized to designate historic districts and landmark sites,
the improvement or modification of which shall be subject to site
plan review for the purpose of ensuring that the historic integrity
of the structure or site is maintained.
[Amended 9-21-2018 by L.L. No. 1-2018]
All buildings in the Village of Kiryas Joel must display the
address (building number) of the property. The building number shall
be displayed on the wall of the building above the main front door.
The building number shall be a minimum of 15 inches high.