[Amended 11-4-2019 by L.L. No. 9-2019]
No building shall be erected, moved, altered,
rebuilt or enlarged, nor shall any land or building be used, designed
or arranged to be used, for any purpose or any manner, except in conformity
with all regulations, requirements and restrictions specified in this
chapter for the district in which such building or land is located.
The details of any plan or site plan approved by the City Council,
Planning Board or Board of Appeals acting under the terms of this
chapter and any conditions attached to such approval as set forth
on the plan or resolution shall be deemed to be such requirements.
In interpreting and complying with this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the attainment of the purposes set forth in Article I.
Where this chapter requires a greater width
or size of yards or other open spaces or a lower height of building
or a fewer number of stories or a greater percentage of lot area to
be left unoccupied, or otherwise imposes greater restrictions than
required by any other statute, bylaw, ordinance or regulation, the
provisions of this chapter shall govern. Where the provisions of any
other statute, bylaw, ordinance or regulation require a greater width
or size of yards or other open spaces or a lower height of building
or a fewer number of stories or a greater percentage of lot area to
be left unoccupied, or otherwise impose greater restrictions than
are required by this chapter, the provisions of such statute, bylaw,
ordinance or regulation shall govern.
A.
Continuing existing nonconforming uses. Except as provided in § 223-10H herein, any lawful use of a structure or of land existing on the effective date of this chapter may be continued even though such use does not conform to the use provisions of this chapter. Such uses shall be deemed nonconforming uses.
[Amended 12-29-1997 by L.L. No. 14-1997]
B.
Nonconforming use of land. Where no structure is involved,
the lawful nonconforming use of land may be continued, provided that:
(1)
Such nonconforming use shall not be enlarged or increased,
nor shall it be extended to occupy a greater area of land than occupied
by such use at the time of the adoption of this chapter.
(2)
Such nonconforming use shall not be moved in whole
or in part to any other portion of the lot or parcel of land occupied
by such nonconforming use at the time of the adoption of this chapter.
(3)
If such nonconforming use of land, or any portion
thereof, ceases for any reason whatsoever for a continuous period
of more than six months, or is changed to a conforming use, any future
use of such land shall be in conformity with all provisions of this
chapter.
(4)
No nonconforming use of land shall be changed to another
nonconforming use.
C.
Nonconforming use of structures. The nonconforming
use of a building or structure may be continued, provided that:
(1)
Such building or structure shall not be enlarged or extended unless the use therein is changed to a conforming use. (See Subsection E.)
(2)
Such nonconforming building shall not be structurally altered during its life to an extent greater than 25% of its fair market value, as determined by the City Tax Assessor, unless such alterations are required by law or by the provisions of Subsection H herein; 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 manifestly arranged or designed for such use at the time of the adoption of this chapter.
(3)
A nonconforming use of a building may be changed only
to a use of less nonconformity, as determined by the Board of Appeals.
(4)
If any nonconforming use of a building ceases for
any reason for a continuous period of more than one year or is changed
to a conforming use or if the building in or on which such use is
conducted or maintained is moved for any distance whatever for any
reason, then any future use of such building shall be in conformity
with the standards specified by this chapter for the district in which
such building is located.
(5)
If any building in which any nonconforming use is
conducted or maintained is hereafter removed, the subsequent use of
any land on which such building was located, and the subsequent use
of any building thereon, shall be in conformity with the standards
specified by this chapter for the district in which such land or building
is located.
D.
Restoration of damaged buildings. If any nonconforming
building shall be destroyed by any means to an extent of more than
50%, no repairs or reconstruction shall be made unless every portion
of such building is made to conform to all the regulations of this
chapter for the district in which it is located. Where the destruction
of such nonconforming building is less than 50%, it may be restored
and the nonconforming use continued, provided that the total cost
of such restoration does not exceed the replacement value of the destroyed
portion of the building at the time of its destruction and further
provided that such restoration is started within a period of six months
of such destruction and is diligently prosecuted to completion. Nothing
in this chapter shall prevent the strengthening or restoring to a
safe condition of any wall declared unsafe by the Building Inspector.
E.
Nonconformity other than use. A building that is conforming in use but does not conform to the height, yard, lot area, lot dimension, land coverage, off-street parking, loading, minimum house size or similar dimensional requirements of this chapter shall not be considered to be nonconforming within the meaning of Subsections C, F and H. No permit shall be issued that will result in the increase of any such nonconformities, except that each side yard of the aforementioned lots may be reduced by one inch for every foot that such lot is less than the minimum width required by this chapter.
F.
Registration of nonconforming uses. During the first
three complete calendar months following the effective date of this
chapter or of any amendment thereto, the owner or owners of property
on which there is a nonconforming use of land or buildings (within
the definition of this chapter or which may be made so by an amendment
thereto) shall register such nonconforming use by filing, with the
Board of Appeals, a statement of such nonconforming use. The acceptance
of such statements shall not constitute an authorization to operate
an unlawful use. The filing of a false registration statement shall
constitute a violation of this chapter. If the owner of a nonconforming
use shall not so register it, such use shall be presumed to have been
discontinued unless the owner submits proof that the use existed legally
prior to the effective date of the regulation that made it nonconforming.
Annually, the Board of Appeals may send a questionnaire to the persons
who have registered a nonconforming use, inquiring as to the status
of such use. Such questionnaire shall be sent by certified mail, return
receipt requested, to the last addresses available from the filed
registration statements. If such questionnaire is not returned within
90 days, the Board of Appeals shall so record this fact and send a
notice to the last address of the owner, to the effect that the nonconforming
use is presumed to have been abandoned or discontinued unless the
owner establishes, to the satisfaction of the Board of Appeals, proof
that the use has continued.
G.
Nonconforming signs. Regardless of any other provisions
of this chapter, every sign which, after the adoption of this chapter,
may exist as a nonconforming use in any district shall be discontinued
and removed or changed to conform to the standards of said district
within a period of 120 days from the date of the adoption of this
chapter.
H.
[1]General nuisances. Upon a complaint registered by the Building
Inspector or 50% of the property owners within 250 feet of a nonconforming
use which is considered to be a general nuisance or hazard to the
health, safety, welfare and morals of uses or structures within 250
feet of such nonconforming use or uses, the Zoning Board of Appeals
shall hold a public hearing and make a finding with respect to the
nuisance or hazardous condition which exists and shall determine the
necessity of terminating such nonconforming use. Such uses shall be
terminated within such reasonable time as shall be determined by the
Zoning Board of Appeals as related to the reasonable amortization
of the capital investment in such uses.
[Added 7-7-2003 by L.L. No. 7-2003]
[1]
Former Subsection H, Residential uses on Main Street, added
12-29-1997 by L.L. No. 14-1997, as amended, Subsection I, Variance
procedure, added 12-29-1997 by L.L. No. 14-1997, and Subsection J,
added 12-29-1997 by L.L. No. 14-1997, were repealed 6-15-2020 by L.L.
No. 7-2020, and former Subsection K, Discontinuance of existing tattoo
and body-piercing parlors, added 12-4-2000 by L.L. No. 18-2000, was
repealed 6-18-2012 by L.L. No. 12-2012. Local Law No. 7-2020 also
redesignated former Subsection L as Subsection H.
A.
Lot for every building. Every building hereafter erected
shall be located on a lot as herein defined, and, except as herein
provided, there shall be not more than one main building and its accessory
buildings on one lot, except for multifamily or nonresidential buildings
in districts where such uses are permitted.
B.
Yard and open space for every building. 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.
C.
Subdivision of a lot. Where a lot is formed hereafter
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.
D.
Irregularly shaped lots. Where a question exists as
to the proper application of any of the requirements of this chapter
to a particular lot or parcel because of the peculiar or irregular
shape of the lot or parcel, the Board of Appeals shall determine how
the requirements of the chapter shall be applied.
E.
Oversize lots. A lot which does not conform to one
or more of the minimum dimensional requirements of this chapter for
the district in which it is located, but contains within its boundaries
the potential outlines for a lot which would conform to all of the
applicable requirements of this chapter, shall be deemed to be a conforming
lot within the meaning of this chapter.
F.
Lots under water or within the one-hundred-year floodplain
("area of special flood hazard"). No more than 10% of the minimum
area requirement of a lot may be fulfilled by land which is under
water or within the one-hundred-year floodplain ("area of special
flood hazard"). All minimum front, side and rear yard requirements
must be satisfied by measurement on dry land.
[Amended 10-21-1991 by L.L. No. 12-1991]
G.
Required street frontage. No building permit shall be issued for any structure unless the lot upon which that structure is to be built has the required frontage on a street, private road or highway, as defined herein, which frontage, except in the case of a common driveway, provides the actual access to such structure, and which street, private road or highway shall have been suitably improved to the satisfaction of the Planning Board or a performance bond posted therefor as provided in § 36 of the General City Law (Chapter 21 of the Consolidated Laws) of New York State.
[Amended 6-20-2005 by L.L. No. 4-2005]
H.
Lot width required, Within any residence district,
no part of any dwelling or other structure housing a main use and,
within any business district, no part of any residence structure shall
be erected on that part of a lot where the lot width is less than
the minimum requirements for the district in which it is located.
I.
New buildings on lots less than the minimum area.
A permit may be issued for the erection of a building on a lot for
which a valid conveyance has been recorded or contract of sale has
been signed and the conveyance recorded prior to the adoption of this
chapter, notwithstanding that the area or dimensions of such lot is
less than that required for the district in which such lot lies, provided
that all yard setbacks and other requirements which are in effect
at the time of the obtaining of the building permit are complied with
and provided that the owner of such lot does not own other lots contiguous
thereto. If this is the case, such other lots or so much thereof as
might be necessary shall be combined with the first named lot to make
a single conforming lot, or a lot that conforms to the fullest extent
possible, whereupon a permit may be issued, but only for such combined
lots.
J.
Modification of lot requirements. For the purposes
set forth earlier in this chapter, and to promote the most appropriate
use of land, to preserve the natural and scenic qualities of open
lands, to promote natural resource preservation and conservation,
and to facilitate the adequate and economical construction of community
facilities and utilities, all directed towards the objective of fostering
and obtaining land development of good quality and design at reasonable
economic cost, the Planning Board is hereby authorized to review and
act upon all subdivisions in accordance with the following provisions.
In all cases, the Planning Board shall have the full power of subdivision
approval, approval with conditions or denial, as authorized by the
General City Law. These provisions may be utilized:
[Amended 3-1-2004 by L.L. No. 3-2004; 4-5-2004 by L.L. No. 6-2004]
(1)
When applied for by the applicant of the land to be subdivided if, in the judgment and discretion of the Planning Board, their application would benefit the City by satisfying one or more of the purposes set forth in Subsection J above; or
(2)
Where the Planning Board determines that their application would benefit the City by satisfying one or more of the purposes set forth in Subsection J above and where the Planning Board determines that one or more of the criteria as set forth in subsections (a) through (d) below would be achieved. In this case the Planning Board shall seek authorization from the City Council, on a case-by-case basis, to require the applicant to submit an application which reflects such modifications of applicable provisions of this chapter.
(a)
The preservation of a unique or significant
natural feature of the site, including but not limited to a vegetative
feature, wildlife habitat, surface water supply, underground aquifer,
endangered species, rock formation, steep slope area, etc.
(b)
The protection of a unique or significant feature
of the man-made environment of the site, including but not limited
to a building, structure or artifact of architectural, historical
or archaeological value.
(c)
The preservation of any unique or significant
aesthetic feature of the site, including but not limited to a community
vista, ridgeline, historic setting, etc.
(d)
The protection of any other unique or significant
feature of the site which the Planning Board determines to be important
for historic, recreational, educational, open space or similar purposes.
(3)
Provisions.
(a)
Average density subdivisions. Simultaneously
with the approval of a subdivision plat and pursuant to § 37
of the General City Law, the Planning Board may modify the zoning
regulations with respect to lot area and dimensions, provided that
the average size of all lots shown on the subdivision plat shall be
equal to or greater than the permitted minimum lot area in such district
and that there shall not be a greater average density of population
or cover of the land with buildings than is permitted in such district
and further provided that no lot shall have less than the minimum
lot area and dimensions required for lots in the next less restrictive
residential zoning district to the one in which the property is located.
For the purpose of this section, "average density" shall be determined
by the number of single-family residences which could be built under
the zoning district standards in full conformity with the City's Subdivision
Regulations[1] and all other applicable requirements. The basis for this
determination by the Planning Board shall be a conventional subdivision
sketch layout for the subject property.
(b)
Conservation subdivisions. Simultaneously with
the approval of a subdivision plat and pursuant to § 37
of the General City Law, the Planning Board may modify the zoning
regulations in R1 and RD Residence Districts with respect to layout,
configuration and design of lots, including minimum lot area, width,
depth and frontage, minimum front, side and rear yards, and other
similar requirements, buildings and structures, roads, utility lines
and other infrastructure, parks or landscaping, provided that:
[1]
The permitted number of dwelling units in no
case exceeds the number which could be permitted, in the Planning
Board's judgment, if the land were subdivided into lots conforming
to all the normally applicable requirements of this chapter,
the Land Subdivision Regulations,[2] the Dutchess County Department of Health regulations and
all other applicable standards. The basis for this determination by
the Planning Board shall be the conventional subdivision sketch layout
information as may be required by said Board.
[2]
The maximum permitted building height requirements
shall be the same as those normally applicable to other dwellings
in the zoning district in which the property is located.
[3]
In both the R1 and RD Residence Districts, the
dwelling units permitted may, at the discretion of the Planning Board,
be in detached, semidetached, attached or multistory structures.
[4]
In the event that some part of said subdivision
plat includes land to be devoted to park, recreation or open space,
the Planning Board, as a condition of plat approval, may establish
such conditions as shall be approved by the City Council.
[5]
In addition to compliance with any special standards, requirements and procedures as set forth in this Subsection J(3)(b), conservation developments shall also be subject to review and public hearing by the Planning Board in accordance with the same procedures as would otherwise be applicable to conventional subdivision plats. Upon the filing of the plat in the office of the County Clerk, a copy shall also be required to be filed with the City Clerk, who shall make the appropriate notations and references thereto on the official copy of the City Zoning Map.
K.
Business entrances on residential streets extending
into districts. Where any street extends through a residential district
and into a business district, any block with frontage on said street,
which frontage is partly in the residential district and partly in
the business district, shall not be used for any business purpose
except as herein set forth. Any business structure erected in said
business district shall face and open upon a street which, for its
entire extent adjacent to said block, is within the business district,
except that show windows in such business structure may be built and
exposed upon another street within the area set aside as a part of
such business district. All other entrances to the business structures
must face on the street which for its entire extent adjacent to the
block is within the business district, except that entrances may be
made from the other street to the upper stories of such business structures,
a single entrance may be made at the corner of such other street and
any second means of egress required by law and access to the structure
from off-street parking facilities shall be permitted.
L.
Transition between residential and nonresidential
districts. Where a lot in a commercial or industrial district abuts
a lot in a residential district, there shall be provided along such
abutting lines a yard equal in width or depth to that required in
the residential district.
M.
Premature subdivision. No building permit shall be
issued for any construction, other than that required for the maintenance
of minimum health and safety standards, within the area of a subdivision
designated by the City Council as being premature, as defined herein,
until such time as a revised plat has been filed in the office of
the Dutchess County Clerk, nor shall any such building permit be issued
within a period of 60 days from the date a report on a premature subdivision
has been sent to the City Council by the City Planning Board.
N.
Front of new dwellings. The front of any new one-family
dwelling shall face the front lot line. In the case of a lot fronting
on more than one street, the new dwelling shall face the street frontage
which will make it most consistent with the front of other dwellings
in the block in which it is located. For purposes of this section,
the front of the dwelling shall be as determined by the Building Inspector
based upon such factors as the location of the front door, the interior
floor plan and the exterior appearance of the building.
[Added 6-20-1988]
[Amended 7-15-2002 by L.L. No. 21-2002; 12-2-2002 by L.L. No. 30-2002; 7-2-2012 by L.L. No.
14-2012; 6-15-2020 by L.L. No. 7-2020]
A.
Terraces. A paved terrace shall not be considered
in the determination of lot coverage or yard requirements; provided,
however, that such terrace is without roof, awnings, screens, walls,
parapets or other forms of enclosure. Such terrace, however, may have
a guard railing, open wall or fence, but such terrace shall not project
into any yard to a point closer than five feet from any lot line.
B.
Porches. No porch may project into any required yard.
Any two-story or any enclosed porch, or one having a roof and capable
of being enclosed, shall be considered a part of the building in determining
the yard requirements or amount of lot coverage.
C.
Projecting horizontal architectural features. Architectural
features, such as windowsills, belt courses, chimneys, cornices, eaves
or bay windows, shall not project more than three feet into any required
yard. The sum of any bay window projections on any wall shall not
exceed 1/4 of the length of any said wall.
D.
Fire escapes. Open fire escapes may extend into any
required yard not more than six feet: provided, however, that such
fire escapes shall not be closer than four feet at any point to any
lot line.
E.
Projecting features above the roof level. The height
limitations of this chapter shall not apply to flagpoles, church spires,
belfries, cupolas and domes not used for human occupancy, nor to chimneys,
ventilators, skylights, water tanks, bulkheads or similar features,
radio and television antennas for the use of residents of dwellings
and apartments, necessary mechanical appurtenances usually carried
above the roof level, wireless telecommunication services facilities
and radio towers. Such a feature, however, shall be erected only to
a height necessary to accomplish the purpose it is intended to serve.
The total area covered by such features shall not exceed, in cross-sectional
area, 15% of the area of the roof on which they are located. Such
features as water tanks, cooling towers and bulkheads shall be enclosed
within walls. The material and design of such walls shall be in harmony
with the main walls of the building on which they are located.
F.
Parapet walls. The provisions of this chapter shall
not apply to prevent the erection, above the building height limit,
of a parapet wall extending above such height limit less than five
feet.
G.
Walls and fences.
(1)
The
yard requirements of this chapter shall not be deemed to prohibit
any necessary retaining wall nor to prohibit any fence or wall, provided
that the height of such fence or wall does not exceed four feet in
front yards, six feet in side yards and six feet in rear yards, except
that mesh garden or deer fencing shall not exceed eight feet in height.
Notwithstanding the four-foot height limitation for fences and walls
in front yards, the Planning Board shall have the discretion to approve
a fence or wall up to six feet in height in front yards in connection
with site plan approval where necessary for screening purposes.
(2)
The height of a fence shall be the vertical distance from natural or finished grade, as applicable, to the highest part of the fence section, except that the height of a fence on a retaining wall shall be measured from the top of the retaining wall to the highest part of the fence. Where the grade is uneven from the front of the fence to the back of the fence, the fence shall be measured from the side with the lowest natural or finished grade, as applicable. Where the grade along the line of the fence is uneven, the height of the fence may be measured from the base of the fence in eight-foot to ten-foot sections whereby one part of the base of each section shall be at grade and no point of the base of the fence shall be more than one foot above natural grade. For all fences and walls installed after the effective date of this amendment and for all existing fences and walls of which 50% or more is repaired or replaced after the effective date of this amendment, the finished side of the fence or wall shall face neighboring properties or the street, and such fence or wall shall comply with all requirements of § 223-13G.
(3)
No
fences and walls shall be permitted in locations where they will interfere
with adequate sight distance for vehicles exiting from a road or driveway
on the parcel where the wall or fence is to be constructed or from
driveways on neighboring property.
(4)
No
signs shall be permitted on fences.
(5)
Prohibited
materials. The following fences and fencing materials are specifically
prohibited in any location on a lot: barbed-wire fences; sharp-pointed
fences; unsafe materials; electrically charged aboveground fences;
chicken wire; and temporary fences, such as, but not limited to, snow
fences, expandable fences and collapsible fences; and in no event
shall canvas, cloth or other similar opaque textile fence exceed the
height limitation contained in this chapter. For the purposes of this
section, temporary fencing shall not include fencing approved by the
Building Inspector, including but not limited to fencing for the purposes
of erosion and sediment control, construction and life-safety concerns.
H.
Underground structures. Structures which are built
completely below the level of the natural existing ground surface
may be located in any side or rear yard, provided that they are not
situated within three feet of any property line, or in the front yard,
provided that they are set back from the front property line not less
than 1/2 the distance required for aboveground structures. In
no case, however, shall underground structures be required to set
back further than the distance that would be required for aboveground
structures.
I.
Visibility at intersections. On a corner lot in any
residence district, no fence, wall, hedge or other structure or planting
more than 3.5 feet in height shall be erected, placed or maintained
within the triangular area formed by a straight line joining points
which are 25 feet distant from intersecting lines of the curb or edge
of pavement. The height of 3.5 feet shall be measured above the road
surface at the edge of the road having the lesser elevation. This
subsection shall not apply to existing trees, provided that no branches
are closer than six feet to the ground and they are not obstructing
street views from the corner.
J.
Corner lots. On a corner lot in any residence district,
there shall be provided a side yard on the side street equal in depth
to the required front yard on said lot, or, if the lot is to be occupied
by a one-family home, such side yard may be reduced to 25% of actual
lot width.
K.
Exception for existing alignment of buildings. If
on one side of a street within 250 feet of any lot there is pronounced
uniformity of alignment of the fronts of existing buildings and of
the depths of front yards greater or less than the depth specified
in the Schedules of Regulations,[1] a front yard shall be required in connection with any
new building which shall conform as nearly as practicable to those
existing on the adjacent lots, except that no such building shall
be required to set back from the street a distance greater than 40
feet.
[1]
Editor's Note: The Schedules of Regulations are included as attachments to this chapter.
L.
Awnings. No awning, or similar weather shielding feature,
projecting beyond the property line of any lot into the sidewalk portion
of a street shall be erected or maintained on any building, unless
such awning or feature shall be firmly attached to the building and
is at all points at least eight feet above the sidewalk area.
M.
Swimming pools. All swimming pools shall be considered
structures and shall set back from lot lines at least the minimum
distance required for other principal buildings and structures in
that district.
(1)
If a swimming pool, as located, is within 100 feet
from a dwelling other than the owner's or within 50 feet from any
street or property line, the same must be completely surrounded by
a fence or wall enclosure not less than four feet in height with openings,
holes or gaps (exclusive of gates or doors) therein not more than
four inches in one dimension, a part of which enclosure may consist
of a dwelling house or accessory building. A wall or fence or other
enclosure wholly enclosing a dwelling house shall constitute compliance
with this requirement.
(2)
Each and every swimming pool gate or door opening
through such enclosure shall be equipped and maintained with effective
self-closing and self-latching devices, except that the floor of any
occupied dwelling house forming a part of such enclosure need not
be so equipped. The use of a natural barrier, hedge or pool cover
will be deemed to satisfy the requirement of a fence or wall as specified
above when approved by the Building Inspector.
N.
The minimum height of any principal building on a lot shall be one-story
and 12 feet.
A.
Landscaping, screening and buffer areas.
(1)
All portions of multifamily and nonresidential properties
which are not used for locations for buildings, structures, off-street
parking and loading areas, sidewalks or similar purposes shall be
landscaped and permanently maintained in such manner as to minimize
erosion and stormwater runoff and harmoniously blend such uses with
the residential character of the City as a whole.
(2)
Buffer areas. Wherever a buffer strip is required
by this chapter, it shall meet the following standards:
(a)
Be at least 10 feet in width along any lot line
abutting or directly across the street from a lot in a residence district.
(b)
Be of evergreen planting of such type, height
and spacing as, in the judgment of the Planning Board, will screen
the activities on the lot from view of a person standing at a street
level on the adjoining residential lot. The plan and specifications
for such planting shall be filed with the approved plan for the use
of the lot.
(c)
A wall or fence, of location, height and design
approved by the Planning Board, may be substituted for the required
planting.
(d)
Where the existing topography and/or landscaping
provides adequate screening, the Planning Board may modify the planting
and/or buffer area requirements.
B.
Exterior lighting. All exterior lighting accessory
to a residential, industrial, multifamily or nonresidential use, including
the lighting of signs, shall be subject to the following standards:
[Amended 12-9-2019 by L.L. No. 11-2019]
(1)
The type, location, and shading of such lighting shall prevent the
spillover of light onto any adjacent residential or multifamily property
or direct glare onto any public sidewalk or street.
(2)
Such lighting shall use full cutoff fixtures that do not emit light
above the horizontal plane into the night sky, except for lighting
for short-term events or holidays, flagpole lighting, decorative light
sources under 600 lumens, public parks and other public specialty
lighting, as determined by the Building Inspector.
(3)
Hours of lighting and fixture height, type, design, intensity, and
color temperature may be determined by the Planning Board in acting
on any site development plan upon consideration of the following considerations:
(a)
Lighting fixtures in pedestrian areas should be a maximum of
15 feet in height and parking lot lighting fixtures should be a maximum
of 20 feet.
(b)
Pedestrian and parking lot areas should average approximately
one footcandle. Only high security areas may require lighting in the
two to five footcandle range, while over five footcandles is usually
a waste of energy and a source of glare.
(c)
Color temperatures should be in the range of 2,400 to 4,000
Kelvin degrees.
(d)
The color rendering index should be in the range of 80 to 100.
(e)
Adaptive controls, such as dimmers, timers, and motion sensor
shut-off lighting, should be used whenever appropriate.
C.
Refuse disposal. Adequate facilities for disposal
of refuse shall be provided in all districts. In multifamily and nonresidential
districts, all refuse disposal units or locations for deposit must
be screened from view and designed in such fashion as to be fireproof
and to prevent access by rodents and blowing away of refuse.
D.
Courts. In any district, wherever a room occupied
for residential purposes cannot be reasonably and adequately lighted
and ventilated from a street or from a yard, as required by this chapter,
a court conforming to the provisions of this section shall be provided
on which such rooms shall open. The least dimension of any inner court
at the sill level of the lowest windows shall be equal to the height
of the highest wall forming part of such court. The depth of any outer
court shall not exceed 1/2 its width, and such width shall not
be less than 15 feet.
E.
Accessory buildings on residential lots.
[Added 1-19-2016 by L.L.
No. 2-2016]
(1)
General. No detached accessory building, including a garage, utility shed, storage shed or other outbuilding, but not including construction sheds, is permitted, until such time as the principal building has been substantially completed in conformance with all applicable provisions of this chapter. All accessory buildings shall comply with the dimensional and bulk requirements set forth on the accompanying Schedules of Regulations constituting § 223-17C and E of this chapter unless specifically provided otherwise herein. For the purpose of this section, "residential lots" shall mean any lot containing a permitted residential use.
(2)
Sheds. A shed may be erected, provided that it is used for storage
and utility purposes that are customary and incidental to the existing
residence. Notwithstanding any requirement in the Schedules of Regulations[1] to the contrary, the shed shall be no larger than 144
square feet in floor area and a maximum of 10 feet in height at its
highest point.
[Amended 6-15-2020 by L.L. No. 7-2020]
[1]
Editor's Note: The Schedules of Regulations are included as attachments to this chapter.
(3)
Detached garages and other accessory buildings. Detached garages
and other accessory buildings are permitted, provided that they comply
with the accompanying Schedules of Regulations[2] and meet the following additional requirements:
(a)
The building shall be located behind the front line of the primary
building.
(b)
The building shall be permanent, except that fabric-covered
frames or structures are permitted, provided that the structure and
the fabric are appropriately maintained in good condition.
(c)
The building shall not be equipped with showers or bathing fixtures
and equipment.
(d)
In no case shall the total square footage of all accessory buildings
exceed the limits established in the Schedule of Regulations.
(e)
Space provided above the grade story shall be utilized for storage
only.
[2]
Editor's Note: The Schedules of Regulations are included as attachments to this chapter.
(4)
This
subsection shall not apply to accessory apartments.
[Added 9-19-2022 by L.L.
No. 8-2022]
[Amended 6-17-2013 by L.L. No. 11-2013]
A.
Permitted uses. If a site is to be used for a hotel, use of the site
and any buildings or structures on the site shall be limited to usual
hotel activities and accessory uses incidental to the operation of
a hotel and of the same general character, provided that all such
accessory uses shall be planned as an integral part and located on
the same site with the hotel.
(1)
Such accessory uses may include the following:
B.
Screening. Outdoor parking areas and recreational facilities shall
be screened with fencing, landscaping and/or buildings on all sides
toward adjoining residential lots. Where hotel buildings are set back
less than 100 feet from one-family residential lots, such buildings
shall be suitably screened with planting.
D.
No kitchen facilities. There shall be no kitchen facilities in the
hotel rooms except for a coffeemaker, a microwave oven and a small
refrigerator.
[Added 8-6-2001 by L.L. No. 12-2001]
A.
Development standards.
(1)
An artist live/work space may exist on the first
floor of a structure only if the appearance and use of the live/work
space on the street side is consistent with the nature of the permitted
uses in the surrounding area. For example, if the surrounding area
is retail in nature at the first-floor level, the live/work space
shall be restricted to retail on the street side of the first floor,
and said street side space shall be large enough, in the opinion of
the Building Inspector, to support a typical retail enterprise.
(2)
Each artist live/work space and its various
components shall be physically separate and distinct from other live/work
spaces and other uses within a particular building. The sharing of
artist live/work spaces by multiple tenancies, components thereof
or utilities shall not be permitted. However, access to live/work
spaces may be provided from common access areas, halls or corridors.
(3)
Each artist live/work space must be individually
equipped with an enclosed bathroom containing a sink, toilet, shower
or tub and appropriate venting.
(4)
Each artist live/work space must be individually
equipped with a kitchen consisting of a sink, nonportable stove, oven
and refrigerator.
(5)
Each artist live/work space must contain a floor
area of no less than 800 square feet, of which a minimum area shall
be devoted to the following: 35 square feet for an enclosed bathroom,
60 square feet for a kitchen, and 120 square feet for a sleeping area.
(6)
No more than 30% of the floor area of the artist
live/work space may be devoted to residential space.
(7)
Direct access between living and working areas
must be provided.
(8)
In order to ensure that the use is consistent
with the other commercial uses, artist live/work spaces shall not
be used for classroom instructional uses with more than two pupils
at any one time; the storage of flammable liquids or hazardous materials;
welding; or any open-flame work. Further, the work in the live/work
space shall be so conducted as not to cause noise, vibration, smoke,
odors, humidity, heat, cold, glare, dust, dirt or electrical disturbance
which is perceptible by the average person located within any other
residential or commercial unit within the structure or beyond any
lot line.
(9)
Not more than one person who is 18 years of
age or older may reside within an artist live/work space per 300 square
feet of residential floor area. Further, not more than two persons
who are at least 18 years of age, of which at least one of whom is
an artist in residence, and not more than two children of said persons
who are under 22 years of age may reside within a live/work space
on a year-round basis.
(10)
Only one nonresident employee may be employed
within an artist live/work space. This requirement may be waived for
live/work spaces that provide retail space on the first floor.
(11)
Other than in a first-floor retail-oriented
area, articles offered for sale within a live/work space must include
those produced by the artist residing in said live/work space and
may be offered with other like items.
(12)
One flush-mounted, nonilluminated sign, with
a maximum area of two square feet, attached adjacent to or near the
street entrance door to the live/work space may be used to identify
the artist. This sign may list only the name of the artist with a
one- or two-word description of the type of artwork or craft that
is to be conducted within the live/work space. Where two or more live/work
spaces occur within the same building, the signs must be placed in
an orderly fashion in relation to each other and must be part of a
coherent directory in which signs are ordered in a horizontal fashion.
Where five or more live/work spaces are developed within one building,
an interior directory sign shall be located in lieu of individual
signs on the building exterior.
(13)
Residential space and work space shall not be
rented separately or used by persons other than those people legally
residing within the artist live/work spaces and permitted nonresident
employees.
(14)
No artist live/work space shall serve as a place
from which commercial vehicles are dispatched or operated.
(16)
For the purposes of this permitted use, artists
shall only be those persons working exclusively with paint, paper,
clay and/or other soft materials, and this use shall include photography,
jewelry making, graphic arts and other similar relatively quiet endeavors
as determined by the City Council in reviewing the proposed special
use permit application. Tattoo appliers, body piercers and musicians
shall not be considered artists for the purpose of this use.
(17)
Renewal inspections. Each artist live/work space
shall be inspected by the Building Department every two years in order
to determine whether the artist live/work space remains in compliance
with this section. Upon a satisfactory inspection report, the artist
live/work space owner shall be reissued a certificate of occupancy
for two additional years. If the Building Inspector determines that
the artist live/work space is not in compliance, the building owner
or manager shall have 60 days in which to rectify all noncomplying
elements and shall apply for reinspection with the Building Department,
subject to an additional fee. If all such noncomplying elements are
not rectified within the above-specified time frame, the certificate
of occupancy for the use shall expire and the use as authorized by
the special permit shall be terminated.[2]
[Added 9-19-2005 by L.L. No. 11-2005; amended 3-18-2013 by L.L. No. 6-2013]
[2]
Editor’s Note: Former Subsection B, regarding procedures for special permits, which immediately followed this subsection, was repealed 3-18-2013 by L.L. No. 6-2013. Section 4 of this local law provided as follows: "Any artist live-work space that failed to comply with the prior language of § 223-24.3B shall have six months from the effective date of this local law to renew its special permit by complying with new § 223-24.3A(18) and (19) and existing Subsection A(17) and any other applicable provision of the City Code. Failure to do so shall result in the expiration of the special permit and the use as authorized by the special permit shall be terminated."
(18)
The owner of the live/work space shall file a certification with the Building Department every two years, and at any point in time when there is a change in ownership or a change in the use of the space, on a form provided by said Department, which certifies that the live/work space is in conformance with the Zoning Chapter and the special permit, and that the residential portion of the space has not been expanded beyond a maximum of 30% of the floor area of the live/work space, as required by Subsection A(6) above.
[Added 3-18-2013 by L.L. No. 6-2013]
(19)
The deed, offering plan, certificate of occupancy and/or rental agreement, as appropriate, for each artist live/work space shall contain language, satisfactory to the City Attorney in form and substance, which states that the subject dwelling is an artist live/work space as defined in § 223-63 of the Zoning Chapter of the Code of the City of Beacon, New York, and is subject to all restrictions and limitations as set forth in said chapter and the approval resolution(s), including the requirement for a certification with the Building Department in accordance with § 223-24.3A(18). Proof of recording of the deed shall be provided to the Building Department within 60 days after the conveyance.
[Added 3-18-2013 by L.L. No. 6-2013]
[Amended 12-4-2000 by L.L. No. 20-2000; 2-19-2013 by L.L. No.
2-2013]
A.
Conformity required. No sign or billboard shall be erected, constructed,
displayed, maintained, moved, reconstructed, extended, enlarged or
altered, except in conformity with and expressly authorized by the
provisions of this chapter.
B.
Relationship to a permitted use. All signs must pertain to a use
conducted on the same property on which they are located.
C.
Signs in residence districts. In residence districts, the following
signs are hereby authorized:
(1)
One identification sign stating the name and address of the resident
or property or the number of the lot, not exceeding one square foot
in area.
(2)
One identification sign announcing any profession or occupation permitted
as an accessory use on the lot, not exceeding one square foot of area.
(3)
For other permitted uses, one sign at each street frontage where
the use has an access drive, provided that the total area of such
sign does not exceed 50 square feet.
(5)
Interior signs displayed through windows shall not require a permit
under this section, and said signs shall not count toward maximum
number of signs affixed to a building per establishment. However,
interior window signs affixed to or placed so as to be visible through
a window shall be limited to the windows of the structure within which
the permitted use is situated, facing the principal street giving
access to such structure. The total amount of signage shall not exceed
30% of the total glass area. All signs shall be maintained in a legible,
neat and orderly fashion.
D.
Sign regulations in residence districts.
(1)
Animation. No sign shall be mechanically animated, such as moving,
rotating or revolving.
(2)
Setback. All signs shall be located within the setback lines of the
lot or on the building.
(3)
Repair. All signs and components thereof shall be kept in good repair
and in safe, neat, clean and attractive condition.
(4)
Illumination. Permitted signs may be internally or externally illuminated,
except by means of a neon-type electric material, provided that such
illumination shall not be twinkling, flashing, intermittent, or of
changing degrees of intensity or projected outward from the property
onto adjacent properties or public rights-of-way and provided that
the source of such illumination shall not be visible beyond the boundaries
of the lot on which it is located. Notwithstanding the above, neon,
LCD and LED signs shall not be permitted.
(5)
Placement. No sign shall be located so as to obscure any signs displayed
by a public authority, nor shall any sign be placed in such a way
as to obstruct proper sight distance or otherwise interfere with pedestrian
or traffic flow.
E.
Signs in nonresidence districts. In nonresidence districts, the following
signs are hereby authorized:
(1)
Not more than one sign affixed to the outer wall of the structure
within which the permitted use is situated, which outer wall faces
the principal street giving access to such structure, provided that:
(a)
The aggregate area of each such sign shall not exceed one square
foot for each linear foot of building facing the street.
(b)
No such sign shall exceed two feet in height, except that a
vertical projecting wall sign shall not exceed eight feet in height.
A vertical projecting wall sign is defined as any sign which is attached
to the building wall or structure which is perpendicular to the face
of such wall or structure.
(c)
No sign shall project above the eaves of the building on which
it is affixed or, if no eaves exist thereon, the roof, nor shall any
sign extend more than six inches into any required yard.
(d)
No sign shall face an abutting residential zoning district if
located within 50 feet of such district.
(e)
Vertical projecting wall signs shall not have more than two
faces.
(f)
The exterior edge of a vertical projecting wall sign shall not
extend more than five feet from the outer wall of the structure or
1/3 the width of the sidewalk, whichever is less.
(g)
No part of a vertical projecting wall sign shall extend into
vehicular traffic areas, and any part over pedestrian areas shall
have a minimum clearance of seven feet, six inches.
(2)
Not more than one freestanding sign facing each street on which the
lot abuts, provided that:
(a)
The building is set back not less than 50 feet from the street
line, in which case the sign shall not exceed 20 square feet in area.
(b)
The building is set back not less than 100 feet from the street
line, in which case the sign shall not exceed 35 square feet in area.
(c)
No dimension shall exceed 12 feet.
(3)
One identification sign, not exceeding 10 square feet in area, to the outer wall of the structure facing upon a street or parking lot not faced by a sign as permitted in Subsection E(1) above.
(4)
In addition to other permitted signs, necessary small directional
signs are permitted on access roads and parking areas, provided that
the area of each sign shall not exceed two square feet.
(5)
Interior signs displayed through windows shall not require a permit
under this section, and said signs shall not count toward maximum
number of signs affixed to a building per establishment. However,
interior window signs affixed to or placed so as to be visible through
a window shall be limited to the windows of the structure within which
the permitted use is situated, facing the principal street giving
access to such structure. The total amount of signage shall not exceed
30% of the total glass area. All signs shall be maintained in a legible,
neat and orderly fashion.
F.
Temporary signs.
(1)
A temporary sign is a nonilluminated sign that is used in connection
with a circumstance, situation or event that is designed, intended
or expected to take place or to be completed within a reasonably short
or definite period after the erection of such sign, such as signs
displayed during campaigns, drives or events of civic, political,
philanthropic, educational or religious institutions. If such sign
display area is permanent but the message displayed is subject to
periodic changes, that sign shall not be regarded as "temporary."
Unless otherwise provided in this section, signs shall not be considered
temporary if they are effectively displayed on an ongoing basis, interrupted
by short intervals when they are not displayed. Temporary signs shall
not require a permit under this section, unless located in the public
right-of-way or on public property.
(2)
Temporary signs must be removed by the individual or organization
which posted, or caused to be posted, such temporary signs within
seven calendar days after the event for which they are displayed,
unless otherwise provided in this section.
(3)
No temporary sign shall be located so as to obscure any signs displayed
by a public authority, nor shall any sign be placed in such a way
as to obstruct proper sight distance or otherwise interfere with pedestrian
or traffic flow.
(4)
The following temporary signs shall be permitted in all districts,
unless otherwise provided in this section:
(a)
Not more than one temporary sign for each street frontage of
the lot, identifying the architect, engineer and/or contractor, and
not exceeding 40 square feet in area in nonresidence districts and
six square feet in residence districts, shall be permitted during
the course of construction only.
(b)
One "for sale" or one "to let" sign not exceeding six square
feet in area for a single lot, or 50 square feet in area for a real
estate subdivision, and set back at least 15 feet along the frontage
of the street upon which the property is located. A "sold" sign shall
not be displayed for more than 30 calendar days.
(c)
Signs indicating that a special event such as a grand opening,
fair, carnival, circus, festival or similar event is taking place
on the lot where the sign is located, not exceeding 40 square feet
in area in nonresidence districts and six square feet in residence
districts, and limited to one sign for each street frontage of the
lot. The sign shall not be posted sooner than two weeks prior to the
special event and shall be removed by the individual or organization
which posted, or caused to be posted, such sign within three calendar
days following the special event.
(d)
Sidewalk signs with no more than two faces, including but not
limited to sandwich boards, in nonresidence districts, or in any other
district provided the sign is located on Route 52 (Fishkill Avenue
and Teller Avenue) or Route 9D (North Avenue and Wolcott Avenue),
not exceeding one sign per business and not exceeding two feet in
width and three feet in height. Sidewalk signs may be displayed on
an ongoing basis, but shall not be displayed between the hours of
11:00 p.m. and 6:00 a.m., shall not include banners, and shall not
be tethered. Sidewalk signs shall be located in the front of the business
for which the sign is displayed, unless the business is located on
a corner lot in which case the sign may be located to the side of
the business, or unless the business maintains a rear entrance in
which case the sign may be located to the rear of the business.
(e)
Signs for tag, garage or yard sales, not exceeding six square
feet.
(f)
Signs conveying a nonpolitical, noncommercial message, not exceeding
40 square feet in area in nonresidence districts and six square feet
in residence districts and limited to one sign for each street frontage
of the lot.
(g)
Political posters, banners, promotional devices and similar
political signs.
G.
Sign regulations in nonresidence districts.
(1)
Illumination. Permitted signs may be internally or externally illuminated,
provided that such illumination shall not be twinkling, flashing,
intermittent, of changing degrees of intensity or projected outward
from the property onto adjacent properties or public rights-of-way
and provided that the source of such illumination shall not be visible
beyond the boundaries of the lot on which it is located. Notwithstanding
the above, neon, LCD and LED signs may be permitted.
(2)
Placement. No sign shall be located so as to obscure any signs displayed
by public authority, nor shall any sign be placed in such a way as
to obstruct proper sight distance or otherwise interfere with pedestrian
or traffic flow.
(3)
Setback. Unless otherwise specified, all signs shall be located within
the setback lines of the lot or on the building.
(4)
Repair. All signs and components thereof shall be kept in good repair
and in safe, neat, clean and attractive condition.
(5)
Animation. No sign shall be mechanically animated, such as moving,
rotating or revolving.
H.
Temporary signs in the public right-of-way and on public property.
(1)
Permit required. In all districts, no temporary signs shall be erected
in the public right-of-way or on public property without a permit,
unless specifically exempted below.
(2)
Exceptions. The following signs shall not be subject to the issuance
of a permit:
(a)
Public signs erected by or on behalf of a governmental body
to post legal notices, identify public property, convey public information,
and direct or regulate pedestrian or vehicular traffic.
(b)
Temporary emergency warning signs erected by a governmental
body, public utility company or contractor doing authorized or permitted
work within the public right-of-way, provided that such signs shall
be located outside of the public vehicular and pedestrian travel ways
and shall be placed so as not to create any nuisance or threat to
public safety.
(c)
Bus stops erected by a public transit company.
(d)
Informational signs of a public utility regarding its poles,
lines, pipes or facilities.
(3)
Permit standards. The Building Inspector or his duly authorized designee
shall issue a permit within a reasonable period of time following
receipt of a complete permit application for the placement of a temporary
sign in the right-of-way or on public property, provided the following
conditions are satisfied:
(d)
No sign shall be located so as to obscure any signs displayed
by a public authority, nor shall any sign be placed in such a way
as to obstruct proper sight distance or otherwise interfere with pedestrian
or traffic flow or means of egress.
(e)
The necessity of surety bonds and/or insurance shall be determined
by the Building Inspector or his duly authorized designee. If it is
determined that such surety bond and/or insurance is necessary, the
amount of such surety bond and/or insurance shall be determined by
the Building Inspector or his duly authorized designee, in his/her
sole discretion, as may be necessary to defray any expense of liability
from the City. Surety bonds and/or insurance policies shall be approved
as to form by the City Attorney.
(f)
Permits for sidewalk signs shall be valid for one year from
the date of issuance and shall not be transferrable.
I.
Violations.
(1)
Noncompliance with any of the foregoing provisions shall constitute an offense, punishable as provided for in § 1-3, General penalty. When a person has received written notice from the Building Inspector or has been served with a summons and complaint in an action to enjoin continuance of any violation, each day in excess of 10 days thereafter that he shall continue to be guilty of such violation shall constitute an additional, separate and distinct offense.
(2)
Any temporary sign installed or placed, except in conformance with
the requirements of this section, shall be subject to removal. In
addition to other remedies hereunder, the City shall have the right
to recover from the owner or person placing such sign the full costs
of removal and disposal of such signs in accordance with the administrative
fee set forth in the City of Beacon Schedule of Fees.[3] The fee shall be paid by the individual or entity retrieving
the signs from the City. The City shall dispose of the sign(s) after
five calendar days from the removal of the sign(s) by the City.
[3]
Editor's Note: The fee schedule is on file in the City offices.
(3)
The display of any sign at a location containing the name or address
of a person or entity and a commercial message relating to such person
or address shall be presumptive evidence that such person installed,
created, erected and maintained the sign at the location where it
was displayed. This presumption shall be subject to rebuttal by competent
evidence.
A.
Alteration of wetlands or watercourses. In any district,
no alteration of wetlands or watercourses, whether by excavation,
filling, grading, clearing, draining or otherwise. and whether or
not incidental to activities otherwise permitted, shall be made in
contours (whether submerged or above water level), water levels or
flow of such wetlands or watercourses without review as to the effect
of such alteration and any related facilities on water recharge areas,
water table levels, water pollution, aquatic animal and plant life,
temperature change, drainage, flooding, runoff and erosion. This review
and approval of such alteration shall be made by the Planning Board.
B.
Hilltops, ridgelines and very steep slopes. For the
purpose of preventing erosion, minimizing stormwater runoff and flooding,
preserving the City’s underground water resources and protecting
the City’s character and property values, it is the intent of
this chapter to avoid the development of hilltops, ridgelines and
very steep slopes, and toward this end, wherever practicable, new
construction shall avoid such areas, and existing vegetation in such
areas shall not be disturbed wherever practicable. The City Council,
the Planning Board, the Zoning Board of Appeals and the Building Inspector
shall take these objectives into consideration in reviewing and acting
on any plans submitted pursuant to the provisions of this chapter.
Further, no building, development, construction of other site improvements,
excavation, filling, grading, or removal of significant vegetation
shall be permitted on a very steep slope unless the approval authority
has determined:
[Amended 3-1-2004 by L.L. No. 2-2004]
(1)
That there is no other suitable alternative area within
the lot available for the proposed use, improvement or development
of such lot;
(2)
That the activity proposed is the minimum necessary
to make reasonable use of the land;
(3)
That all feasible construction standards and precautions
will be taken to assure that environmental impacts will be minimized;
and
(4)
That the purpose and intent of this section are satisfied
to the maximum degree feasible.
C.
Procedure. Before granting or denying any request in accordance with
this section, the Planning Board:
[Amended 5-2-2016 by L.L.
No. 7-2016]
(1)
May require a public hearing, the notice of which shall be published
by the applicant in the City's officially designated newspaper at
least five days prior to the date of such hearing.
(2)
May request a written report on the effects of such alteration by
the Soil Conservation Service of the United States Department of Agriculture
or other expert of the Planning Board's choosing at the expense of
the property owner or developer, and payment in advance of the amount
of such expense, if any, shall be a condition of further consideration.
A.
The accompanying Schedules of Regulations constituting § 223-17C and D herein list and define the use of land and buildings, the height of buildings, the yards and other open space to be provided in connection with buildings, the area of lots, off-street parking space and other matters. The regulations listed for each district as designated are hereby adopted and prescribed for each such district, subject to the provisions of this section, and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application.
B.
It is the intention that the uses set forth for each
district shall not be permitted uses in any other district in the
schedules, unless allowed specifically or by reference as permitted
uses in said district.
C.
Schedule of Use Regulations.[1]
[Amended 6-15-2020 by L.L. No. 7-2020]
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
D.
Schedule of Dimensional Regulations.[2]
[Amended 6-15-2020 by L.L. No. 7-2020]
[2]
Editor's Note: The Schedule of Dimensional Regulations is included as an attachment to this chapter.
E.
Schedule of Regulations for Accessory Buildings on Residential Lots.[3]
[Added 1-19-2016 by L.L.
No. 2-2016]
[3]
Editor's Note: The Schedule of Regulations for Accessory Buildings on Residential Lots is included as an attachment to this chapter.
[Amended 10-15-2001 by L.L. No. 18-2001; 4-5-2004 by L.L. No. 5-2004]
A.
There shall be no exterior storage of materials or
equipment in connection with the use.
B.
The maximum area of the use within the principal building
on the lot shall not exceed the area of the basement plus 30% of the
finished area of the floor(s) above the basement. In addition, the
maximum floor area of the use within an accessory building shall not
exceed 750 square feet.
C.
There shall be no use of show windows, displays or
other advertising visible outside the premises to attract customers
or clients, except for permitted signage.
D.
No offensive odor, noise, vibration, smoke, dust,
heat, light, glare or other similar condition shall be produced by
the use, and no electrical, television or radio interference to neighboring
properties shall be produced by the use.
E.
The use shall not add significantly to the quantity
of waste material that would be expected for a residence without such
accessory use.
F.
No manufacturing shall take place as part of the use.
G.
The use shall be conducted in such a manner and during
such hours that it does not adversely affect the immediate neighborhood.
H.
No external alterations, additions or changes to the
structure(s) (other than signage) shall be permitted which would adversely
affect the residential appearance of the premises.
I.
Pickups from and deliveries to the use shall only
occur between 8:00 a.m. and 6:00 p.m.
J.
The use shall be conducted in a quiet manner.
[Added 5-7-2012 by L.L. No. 8-2012]
A.
Intent. The City Council of the City of Beacon finds, declares and
determines that the exploration for natural gas, the extraction of
natural gas and the storage, transfer, treatment or disposal of natural
gas exploration and production wastes within the City of Beacon poses
a significant threat to its residents' health, safety and welfare.
If natural gas exploration or extraction or the storage, transfer,
treatment or disposal of natural gas exploration and production wastes
were to occur within the City, this activity would endanger the health,
safety and welfare of City residents through the deposit of toxins
into the air, soil, water, environment and the bodies of residents
within the City. Clean air and water are essential to most resources
and activities in the Beacon area and the quality of the air and the
water will be degraded by natural gas exploration and extraction activities
and/or the storage, transfer treatment or disposal of natural gas
exploration and production wastes; and natural gas exploration and
extraction activities and the storage, transfer, treatment or disposal
of natural gas exploration and production wastes may presently or
in the future cause irreparable harm to the City's water supply, pollution
of the water, soil and air, and may cause cancer, lung disease and
respiratory diseases. This ordinance is not directed at the regulatory
scheme for the operation of natural gas wells under the Oil, Gas and
Solution Mining Law of New York State. It only addresses land use
and nuisance concerns and the protection of the health, safety and
welfare of the people of the City of Beacon and the enhancement of
its physical environment.
B.
NATURAL GAS
NATURAL GAS EXPLORATION
NATURAL GAS EXPLORATION AND PRODUCTION WASTES
Definitions. For the purposes of this section, certain words and
terms used herein are defined as follows:
Any gaseous substance, either combustible or noncombustible,
which is produced in a natural state from the earth and which maintains
a gaseous or rarified state at standard temperature or pressure conditions,
and/or gaseous components or vapors occurring in or derived from petroleum
or other hydrocarbons.
Geologic or geophysical activities related to the search
for natural gas or other subsurface hydrocarbons including prospecting,
geophysical and geologic seismic surveying and sampling techniques,
which include but are not limited to core or rotary drilling or making
an excavation in the search and evaluation of natural gas or other
subsurface hydrocarbon deposits.
Any garbage, refuse, sludge, or other discarded materials,
including solid, liquid, semisolid, or contained gaseous material
that results from or is associated with the exploration, drilling
or extraction of natural gas.
C.
Prohibited uses.
(1)
No land in the City of Beacon shall be used for any of the following:
(a)
To conduct any exploration for natural gas;
(b)
To drill any well for natural gas;
(c)
To transfer, store, process or treat natural gas exploration
and production wastes;
(d)
To dispose of natural gas exploration and production wastes;
or
(e)
To erect any derrick, building, or other structure or place
any machinery or equipment for such purposes.
(2)
No land in the City of Beacon shall be used for the storage,
transfer, treatment and/or disposal of natural gas exploration and
production wastes.
D.
No application to customary local distribution lines. The prohibitions
set forth herein are not intended, and shall not be construed, to
prevent or prohibit the right to use roadways in commerce or otherwise
for travel, prevent or prohibit the transmission of natural gas through
utility pipes, lines or similar appurtenances for the limited purpose
of supplying natural gas to residents or buildings located in the
City, or prevent or prohibit the incidental or normal sale, storage,
or use of lubricating oil, heating oil, gasoline, diesel fuel, kerosene,
or propane in connection with agriculture, residential, business,
commercial and other permitted uses within the City.
A.
General provisions. The special uses for which conformance
to additional standards is required by this chapter shall be deemed
to be permitted uses in their respective districts, subject to the
satisfaction of the requirements and standards set forth herein, in
addition to all other requirements of this chapter. All such uses
are declared to possess characteristics of such unique and special
forms that each specific use shall be considered as an individual
case.
B.
Application for a special permit.
[Amended 12-20-1993 by L.L. No. 5-1993; 12-18-2000 by L.L. No. 22-2000; 6-17-2013 by L.L. No.
12-2013; 4-21-2014 by L.L. No. 1-2014; 5-2-2016 by L.L. No. 7-2016; 6-15-2020 by L.L. No. 7-2020]
(1)
Application for required special permits shall be made to the City Council or Planning Board as indicated in § 223-17, Schedule of Use Regulations. If the approval authority is the City Council, the application shall be first submitted to the Planning Board as agent for the City Council, and the applicant shall appear before the Planning Board prior to appearing before the City Council. All application materials, including plans, shall be submitted in electronic file format acceptable to the Building Department, in addition to at least five paper copies (or such other format or amount as determined by the Building Department), at least two weeks prior to the regular Planning Board meeting at which it will be considered. The Planning Board shall, upon receiving an application for the City Council, forward a copy of the application to the City Council for the Council' s use in initiating the state environmental quality review process and for otherwise processing the application. The Planning Board shall render a report to the City Council on each such application, which report shall be rendered within 45 days of the date such application is received by the Board. Each report shall be submitted to both the Building Inspector and the City Engineer. The City Council or Planning Board shall conduct a public hearing within 62 days from the day on which a complete application is received. Public notice of said hearing shall be provided by the applicant in accordance with § 223-61.3 of this chapter. The City Council or Planning Board shall decide upon the application within 62 days after the hearing, provided that the SEQR process has been concluded. The time in which the City Council or Planning Board must render its decision may be extended by mutual consent of the applicant and the approving authority. The City Council or Planning Board may authorize the issuance of a permit, provided that it shall find that all of the following conditions and standards have been met:
(a)
The location and size of the use, the nature, hours 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
not conflict with the appropriate and orderly development of the site
and the existing permitted uses on adjacent blocks.
(b)
The location, nature and height of buildings, walls and fences
and the nature and extent of the landscaping on the site are such
that the use will not conflict with the existing permitted uses on
adjacent blocks and will not hinder or discourage the appropriate
development use of adjacent land and buildings.
(c)
Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration or other characteristic in Article IV than would be the operations of any permitted use, not requiring a special permit.
(d)
Parking areas will be of adequate size for the particular use
and properly located and suitably screened from adjoining residential
uses, the entrance and exit drives shall be laid out so as to achieve
maximum safety, and uses will not cause unreasonable traffic congestion
or create a traffic hazard.
(e)
Uses, buildings, and operations will be accessible for emergency
services and appropriately located for water, sewer, and other infrastructure
requirements.
(f)
The use will comply with other regulations in the Code and will
be compatible with the recommendations in the City’s Comprehensive
Plan and Local Waterfront Revitalization Program.
(2)
The decision of the City Council or Planning Board on the application,
after the holding of the public hearing, shall be filed in the office
of the City Clerk within five business days after such decision is
rendered and a copy thereof mailed to the applicant.
C.
A plan for the proposed development of a lot for a permitted special use shall be submitted with an application for a special permit. The plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, type and location of exterior lighting, drainage improvements in accordance with § 223-25F of this chapter, special features and any other pertinent information, including information about neighboring properties, that may be necessary to determine and provide for the enforcement of this chapter. The Planning Board, in preparing its report, as required in Subsection B, shall give particular study to the plan and shall recommend any changes that should be made in the plan to meet the conditions enumerated in §§ 223-17D and 223-18B.
[Amended 3-1-1993 by L.L. No. 2-1993; 4-5-1993 by L.L. No. 3-1993]
D.
A current certificate of inspection issued pursuant to § 179-6 of this Code shall be submitted prior to rendering a final decision on an application for a special permit.
E.
Conditions and safeguards. The City Council shall
attach such conditions and safeguards to the special permit as are
necessary to assure continual conformance to all applicable standards
and requirements.
F.
Expiration of special permits.
[Amended 10-18-1993 by L.L. No. 4-1993; 12-21-1998 by L.L. No. 16-1998; 4-18-2016 by L.L. No. 6-2016]
(1)
A special permit shall be deemed to authorize only the particular
use or uses specified in the permit and shall expire if:
(a)
A bona fide application for a building permit is not filed within
one year of the issuance of the special permit; or
(b)
If all required improvements are not made:
[1]
For special permits that do not include construction of a new
building or addition, within one year from the date of the issuance
of the building permit.
[2]
For special permits that include construction of a new building
or addition, within two years from the date of issuance of the building
permit.
(c)
Said use or uses shall cease for more than six months for any
reason.
(2)
The City Council may grant one or more extensions, of up to six months
each, to:
(a)
Complete the conditions of approval for the special permit use,
upon a finding that an applicant is working toward completion of such
conditions with due diligence and has offered a reasonable explanation
of its inability to complete such improvements and file a bona fide
application for a building permit within one year of the issuance
of the special permit. No further extensions may be granted if the
conditions are not completed within two years following the issuance
of the special permit; and
(b)
Complete construction of the improvements, upon a finding that
an applicant is prosecuting construction with due diligence and has
offered a reasonable explanation of its inability to complete the
project. No such extensions shall be granted unless the City Council
finds that all appropriate erosion control measures to protect surrounding
properties are in place.
(3)
The City Council may impose such conditions as it deems appropriate
upon the grant of any extension. The granting of an extension of time
under this section shall not require a public hearing.
G.
Existing violations. No permit shall be issued for
a special use for a property where there is an existing violation
of this chapter.
H.
[2] In the event that the improvements set forth in the special
permit have commenced prior to the expiration date, but are not completed
by that time, the applicant shall pay a daily fine of $25 until a
certificate of occupancy has been issued by the Building Department.
[Added 8-1-1994]
I.
Revocation. The Building Inspector may revoke a special
permit where it is found that the use of the premises does not conform
with the limitations and conditions contained in the special permit.
[Added 5-2-1994]
A special permit use shall conform to the following individual standards and regulations in §§ 223-20 through 223-24, where applicable, in addition to all other regulations for the zoning district in which the special permit use is located.
[Added 12-5-1994 by L.L. No. 16-1994]
A.
Purposes and considerations.
(1)
In the execution of this law it is recognized
that there are some uses which, due to their very nature, have serious
objectionable characteristics. The objectionable characteristics of
these uses are further heightened 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 our youth may regularly assemble
and the general atmosphere encompassing their operation is of great
concern to the City of Beacon.
(3)
These special regulations are itemized to accomplish
the primary purposes of preventing a concentration of these uses in
any one area and restricting their accessibility to minors.
B.
ADULT BOOKSTORE
ADULT CABARET
ADULT DRIVE-IN THEATER
ADULT ENTERTAINMENT
ADULT MOTEL
ADULT THEATER
ADULT USE
MASSAGE ESTABLISHMENTS
PEEP SHOWS
Definitions. The following definitions shall apply
to the regulation of adult uses:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides and video tapes and which establishment is customarily not
open to the public generally but excludes any minor by reason of age.
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers,
or other similar entertainment, and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age.
A drive-in theater that customarily presents motion pictures
that are not open to the public generally but excludes any minor by
reason of age.
See "adult use."
A motel which is not open to the public generally but excludes
minors by reason of age, or which makes available to its patrons in
their rooms films, slide shows or videotapes which, if presented in
a movie theater, would not be open to the public generally but would
exclude any minor by reason of age.
A theater that customarily presents motion pictures, films,
videotapes or slide shows that are not open to the public generally
but excludes any minor by reason of age.
This use includes and is limited to adult bookstores, adult
drive-in theaters, adult cabarets, adult motels, adult theaters, massage
establishments and peep shows. Any use, such as for example a hotel,
which includes any form of adult entertainment as a principal or any
accessory use shall be considered an adult use for the purpose of
this chapter.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors. This definition shall not be construed to include a hospital,
nursing home or medical clinic, or the office of a physician, surgeon,
chiropractor, osteopath or duly licensed physical therapist, or a
barbershop or beauty salon in which massages are administered only
to the scalp, face, neck or shoulders. This definition also shall
exclude massage therapy establishments which are operated by a professional
massage therapist licensed by the State of New York, health clubs
which have facilities for physical exercise, such as tennis courts,
racquetball courts, or exercise rooms, and which do not receive their
primary source of revenue through the administration of massages.
A theater which presents material in the form of live shows,
films, slides or videotapes, viewed from an individual enclosure,
for which a fee is charged and which is not open to the public generally
but excludes any minor by reason of age.
C.
Location. Adult uses are to be restricted as to location
in the following manner in addition to any other requirements of this
code:
(1)
Adult uses shall not be located within a five-hundred-foot radius
of the following zoning districts which permit residential development:
R1-120, R1-80, R1-40, R1-20, R1-10, R1-7.5, R1-5, RD-7.5, RD-6, RD-5,
RD-4, RD-3, RD-1.8, RD-1.7 and Senior Affordable Housing Overlay District.
[Amended 2-16-2010 by L.L. No. 2-2010; 10-17-2016 by L.L. No. 11-2016; 6-15-2020 by L.L. No. 7-2020]
(2)
Adult uses shall not be located within a one-half-mile
radius of another such use.
(3)
Adult uses shall not be located within a five-hundred-foot
radius of the property lines of any school, church or other religious
institution or place of religious worship, park, playground or playing
field.
(4)
Adult uses shall not be located in or within
500 feet of any Historic District and Landmark Overlay Zone.
A.
Permitted uses. If a site is to be used for a car
wash, either the automatic or self-service type, it shall be limited
in primary function to such activities but may include the following
accessory uses, provided that they are subordinate and incidental
to the principal use:
D.
Setbacks. In addition to the normal setback requirements of the zoning district in which it is located, a car wash shall be required to have a front setback adequate to meet the requirements of Subsection F.
E.
Access drives. All access drives from public streets
shall be properly related to such streets so as to avoid unsafe conditions
and traffic congestion.
F.
Off-street parking shall be provided in accordance with § 223-26.
[Amended 8-5-2024 by L.L. No. 5-2024]
(1)
Waiting area.
(a)
A waiting area for motor vehicles entering the
facility, with parking spaces situated in a direct line of flow to
the entrance of each bay of the car wash, and equal in number to:
(b)
"Maximum capacity" in these instances shall
mean the largest number of motor vehicles which could be undergoing
some phase of the washing operation at the same time.
(2)
A drying area for cars (where such drying is not an
integral function of an automatic-type car wash) so situated as to
be usable for the hand-finishing of cars at the end of the washing
process, with parking spaces equal in number to:
G.
Water supply. All automatic-type car washes shall
include water recirculation systems, which shall be in operation at
all times when cars are being washed and which shall be capable of
reclaiming at least 80% of the water utilized in the washing process.
[Added 12-16-1996 by L.L. No. 19-1996]
A.
Permitted uses. If a site is to be used for a hospital, it shall be limited to those activities encompassed in the definition of the term "hospital" in § 223-63 of this chapter.
B.
Regulations.
(1)
Any building so used shall not be less than
75 feet from the lot line of any adjoining property, except that buildings
which exist on the date of the enactment of this section shall not
be less than 50 feet from the lot line of any adjoining property.
(2)
There shall be a minimum of 7,500 square feet
of lot area for each patient bed. All patient beds shall be licensed
by the state or federal government or one of their agencies.
(3)
No patient bed or treatment facility shall be
located within 100 feet of any off-site dwelling as of the date a
building permit for the construction of the structure housing the
patient bed or the treatment facility is obtained or, if no building
permit is required, as of the date the new hospital use commences.
(4)
A hospital for treatment of human mental ailments
shall provide a licensed security guard and staff trained in security
procedures on twenty-four-hours-a-day, seven-days-a-week basis.
A.
Permitted uses. If a site is to be used for a nursing
home, it shall be limited to usual nursing home activities, as defined
herein, but not to include the boarding or keeping of patients suffering
from any contagious disease, tuberculosis, mental illness, acute alcoholism
or drug addiction.
B.
Site.
(1)
In any R1-40 or R1-20 District, the minimum lot area
shall be 40,000 square feet, plus 2,500 square feet for each additional
resident person over 10 in number.
(2)
In any R1-10, R1-7.5, R1-5, RD-7.5, RD-6, RD-5, RD-4, RD-3, RD-1.8
or RD-1.7 District, the minimum lot area shall be 20,000 square feet,
plus 1,500 square feet for each additional resident person over 10
in number.
[Amended 2-16-2010 by L.L. No. 2-2010; 10-17-2016 by L.L. No. 11-2016]
(3)
In any FCD, LI, or HI district, the minimum lot area
shall be 10,000 square feet, plus 1,000 square feet for each additional
resident person over 10 in number.
[Amended 6-15-2020 by L.L. No. 7-2020]
C.
Setbacks.
(1)
All new or relocated buildings and structures shall
be set back from adjoining residential properties at least twice the
distance required for residential uses.
(2)
Wherever any nursing home building is located less
than 50 feet from an adjoining residential property, it shall be suitably
screened with evergreen planting.
D.
Off-street parking.
(1)
Off-street parking shall be provided in accordance with § 223-26.
[Amended 8-5-2024 by L.L. No. 5-2024]
(2)
All parking spaces shall be permanently improved and
may not be located in the required front yard nor closer than 1/2
of the required nursing home building setback distance from any other
property line.
(3)
Suitable landscaping and/or fencing or parking areas
shall be provided so as to screen them from surrounding residential
properties.
E.
Signs. One sign, not exceeding 10 square feet in area,
not flashing and not lighted by exposed tubes, bulbs or other light
sources, announcing the name of the nursing home, shall be permitted
facing each public street which the property abuts.
[Amended 10-21-1991 by L.L. No. 12-1991]
Conformance required. Any proposed development
in an area of special flood hazard (also known as the one-hundred-year
floodplain), must comply in all respects with the applicable provisions
of Local Law Number 1 of the year 1987, entitled "A Local Law for
Flood Damage Prevention."[1] A development permit shall be obtained before the start
of construction or any other development within such area of special
flood hazard. Such permits shall be granted or denied by the Commissioner
of Public Works. As provided by the Flood Damage Prevention Law, the
Zoning Board of Appeals shall hear and decide any appeals or requests
for variances from the requirements of the Flood Damage Prevention
Law.
[Added 11-20-1989; amended 9-3-1996 by L.L. No. 9-1996; 6-15-2020 by L.L. No. 7-2020; 9-19-2022 by L.L. No. 8-2022]
A.
Purpose and intent. It is the purpose and intent of allowing accessory
apartments on all existing single-family properties in all residence
districts and the Transitional District to provide the opportunity
and encouragement for the development of small, rental housing units
designed to meet the special housing needs of single persons, couples,
other small households, the young, the elderly, persons of low and
moderate income and relatives of families presently living in Beacon.
It is the further purpose and intent of this provision to allow the
more efficient use of the City's existing stock of dwellings and accessory
buildings, to provide economic support for present resident families
of limited income and to otherwise help to protect and preserve property
values.
B.
Owner occupancy required. The owner of the single-family lot upon
which an accessory apartment is located shall occupy at least one
of the dwelling units on said lot.
C.
Location on the lot. An accessory apartment may be located either
in or attached to a detached single-family dwelling or in an accessory
building on such a single-family lot.
D.
Apartment size. The floor area of an accessory apartment shall not
exceed a maximum of 1,000 square feet or be less than a minimum of
200 square feet. Notwithstanding the foregoing, the Planning Board
may permit a larger accessory apartment where appropriate in an existing
accessory building which was issued a certificate of occupancy more
than five years before the date of application to construct accessory
apartment. There shall be no more than one accessory apartment permitted
per single-family lot.
E.
Exterior appearance. If an accessory apartment is located in a detached
single-family dwelling, the entry to such unit and its design shall
be such that, to the degree reasonably feasible, the exterior appearance
of the building will remain that of a single-family residence.
F.
Off-street parking. A minimum of one off-street parking space shall
be provided for each accessory apartment in addition to the off-street
parking required for other uses existing on the lot. The Planning
Board may, in its discretion, waive all parking requirements for an
accessory apartment when deemed appropriate.
H.
An existing structure that does not conform to the yard requirements of Chapter 223 may be converted into an accessory apartment without a variance from the Zoning Board of Appeals if the proposed use will not enlarge or increase the dimensional nonconformity.
I.
The Building Inspector shall have approval authority for accessory
apartments entirely contained within an existing single-family dwelling
and meeting all the provisions of this section. All other proposed
accessory apartments, including any accessory apartments requiring
exterior additions, conversions of existing accessory buildings, or
new accessory buildings, shall require site plan approval from the
Planning Board.
[Added 3-21-1994 by L.L. No. 3-1994]
[Added 3-18-2002 by L.L. No. 9-2002]
A.
The minimum lot size for the establishment of this
use shall be 40,000 square feet.
B.
Off-street parking accessory to this use shall be
screened from adjacent residential properties.
C.
The outward appearance of the use shall be that of
a one-family dwelling and there shall be no indication of the bed-and-breakfast
establishment from the exterior of the building, except for the sign.
A separate entrance into the building for the bed-and-breakfast use
shall not be permitted.
D.
Seating for food and beverage service shall be limited
to the maximum occupancy of the bed-and-breakfast establishment.
E.
The lodging provided shall be for periods of less
than two weeks in duration.
F.
The maximum number of guest bedrooms at a bed-and-breakfast
establishment shall be six, except that the City Council may, at its
discretion, allow additional guest bedrooms up to a maximum of 10
where the Council determines that the size and shape of the lot on
which the establishment is proposed can accommodate the additional
patrons and parking.
G.
Renewal inspections. Each bed-and-breakfast establishment
shall be inspected by the Building Department every two years in order
to determine whether the establishment remains in compliance with
this section. Upon a satisfactory inspection report, the bed-and-breakfast
establishment owner shall be reissued a certificate of occupancy.
In the event that the inspection indicates that the bed-and-breakfast
establishment is no longer in compliance, the certificate of occupancy
shall be revoked until the violations are cured.
[1]
Editor's Note: Former § 223-24.5, Wireless telecommunication services facilities, added 7-15-2002 by L.L. No. 21-2002, as amended, was repealed 2-16-2021 by L.L. No. 02-2021 (See now § 223-26.4); and Former § 223-24.6, Artist studio as an accessory special permit use, added 4-5-2004 by L.L. No. 5-2004, was repealed 6-15-2020 by L.L. No. 7-2020.
[Added 5-17-2010 by L.L. No. 4-2010; amended 4-16-2018 by L.L. No. 8-2018; 6-15-2020 by L.L. No. 7-2020; 11-16-2020 by L.L. No. 11-2020]
The following uses may be permitted by special permit, issued
by the Planning Board, in the Historic District and Landmark Overlay
Zone:
A.
Specialized business uses of low traffic volume, normally associated
with history, the arts or cultural uses, appropriate to the structure
and compatible with the neighborhood. Such uses may include:
B.
Residential, hotel or professional uses, provided that they are appropriate
to the structure, compatible with the neighborhood and are located
on a road that can accommodate increased traffic as determined by
the Planning Board. These uses may include the following:
(1)
Sit-down restaurants not to exceed a seating capacity of 50.
(3)
Professional offices not to exceed 10 employees.
(4)
Multifamily residential use not to exceed four units.
(5)
Artist live/work spaces not to exceed four units.
(6)
Hotel and hotel-related accessory uses and structures with adequate
screening of any new structures from surrounding public street views.
C.
Special permits warranted under certain conditions.
(1)
Notwithstanding the limitations in Subsection B above, and with the exception of Subsection B(2), the Planning Board may approve a special permit for any of the uses listed in said section, and may allow a larger number of seats, employees, dwelling units, or artist live/work spaces, when it determines that such larger number is warranted by one or more of the following:
(2)
In approving any such special permit, the Planning Board shall
establish such limitations on the number of seats, employees, dwelling
units, artist live/work spaces, or accessory uses and structures as
it deems warranted.
D.
Findings.
(1)
The Planning Board must make the following findings before special
permit approval is granted:
(a)
Any exterior restoration shall maintain the architectural and
historic integrity of the structure. Any new construction shall be
compatible with neighboring structures.
(b)
The proposed use is compatible with the neighborhood, and activities
permitted within the structure can be adequately buffered from any
surrounding residential homes.
(c)
The resulting traffic generation will not overburden existing
roads, and adequate parking can be provided without unduly destroying
the landscape or the setting of the structure.
(d)
The proposed use is appropriate to the structure, will aid in
the preservation of the structure and will not result in undue alterations
or enlargement of the structure.
E.
A site plan shall be submitted to accompany any special permit application
under this section. The site plan shall be accompanied by schematic
architectural drawings which shall show the existing conditions of
the property and any existing structure and the proposed restoration
or construction. The Planning Board must approve a certificate of
appropriateness in order to grant site plan approval as set forth
above.[1]
[1]
Editor's Note: Former § 223-24.8, Amusement centers containing
only vintage amusement devices, added 8-30-2010 by L.L. No. 12-2010,
which immediately followed this section, was repealed 1-22-2019 by
L.L. No. 1-2019.
[Amended 3-1-1993 by L.L. No. 2-1993; 4-5-1993 by L.L. No. 3-1993; 10-18-1993 by L.L. No. 4-1993; 5-19-2003 by L.L. No. 5-2003]
A.
Approval required. No building permit shall be issued, other than for interior alterations, and no change in type of use, as categorized in § 223-26D hereof, shall be permitted, other than one-family dwellings, except in conformity with an approved site development plan, and no certificate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same approval procedure.
[Amended 12-5-2011 by L.L. No. 14-2011; 2-19-2019 by L.L. No. 2-2019; 2-16-2021 by L.L. No. 02-2021; 8-5-2024 by L.L. No. 5-2024]
B.
Application for site development plan approval.
[Amended 11-19-2007 by L.L. No. 13-2007; 7-18-2011 by L.L. No.
11-2011; 4-21-2014 by L.L. No. 1-2014]
(1)
An application for a building permit for a use requiring site development
plan approval shall be made to the Building Inspector by a legally
certified individual or firm, such as a registered architect or professional
engineer. All application materials, including plans, shall be submitted
in electronic file format acceptable to the Building Department, in
addition to at least five paper copies (or such other format or amount
as determined by the Building Department), at least two weeks prior
to the regular Planning Board meeting at which it will be considered.
The site development plan shall contain the following information:
(a)
A map showing the applicant's entire property and adjacent properties
and streets, at a convenient scale.
(b)
The proposed location, use and design of all buildings and structures.
(c)
Any proposed division of buildings into units of separate occupancy.
(d)
Existing topography and proposed grade elevations.
(e)
Location of all parking and truck loading areas, with access
and egress drives thereto.
(f)
Location of any outdoor storage.
(g)
Location of all existing and proposed site improvements, including
drains, culverts, retaining walls and fences.
(h)
Description of method of water supply and sewage disposal and
location of such facilities.
(i)
Location and size of all signs.
(j)
Location and design of landscaping and buffer areas.
(k)
Location and design of lighting, power and communication facilities.
(l)
Any other information as deemed necessary by the Planning Board.
(2)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 190 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 190, Article II. The approved site plan shall be consistent with the provisions of Chapter 190.
C.
Two-phase site plan approval for residential, nonresidential, or mixed-use projects. Notwithstanding the provisions of Subsection B above, where a proposed residential, nonresidential, or mixed-use development project may involve a number of buildings or uses to be developed over a period of time, the Planning Board is authorized to review the site plan in two distinct phases.
[Amended 12-11-2023 by L.L. No. 7-2023]
(1)
The first phase, called conceptual site plan review, shall consider the general parameters of the total proposed development, including total square footage of floor area, range of anticipated uses, traffic access and internal circulation, site buffering, sewer and water demands, parking requirements, and other relevant issues as determined by the Planning Board. The application for conceptual site plan approval shall contain the information set forth in Subsection B, but at a conceptual level. After review, and environmental compliance pursuant to Subsection F below, the Planning Board may grant a conceptual site plan approval, which shall set forth the parameters of the development approved, and any specific conditions or criteria under which future actions, including subdivisions, or project-specific site plans for individual elements of the conceptual site plan, will be undertaken, reviewed, and approved, including requirements for any subsequent SEQR compliance in accordance with Subsection F below. There shall be no vesting granted to any applicant by virtue of the adoption of conceptual site plan approval by the Planning Board.
(2)
The second phase, called the project-specific phase,
will include all elements not previously reviewed and approved as
part of the conceptual review. These could include, in appropriate
cases, but are not limited to details of site grading, architectural
review, landscaping, parking compliance, etc.
(3)
Internal property subdivisions. Subsequent to conceptual site plan approval by the Planning Board of the overall site area under § 223-25C(1), or subsequent to a single phase site plan approval by the Planning Board for a residential, non-residential, or mixed-use project that may involve a number of buildings to be developed over a period of time, owners may subdivide the site forming lots and/or buildings, provided that sufficient parking in accordance with § 223-26 of this chapter is included on each lot or is made available to support the use on each lot in a manner satisfactory to the Planning Board and that no development within any lot will be permitted except as shown on a site plan approved by the Planning Board. Provisions satisfactory to the Planning Board for maintenance of all elements of the site plan shall also be a prerequisite for any subdivision of the overall site area. The standards as referred to in § 223-17D shall apply to the overall site area, whether or not the same is or will continue to be under one ownership. To the extent that the provisions of this subsection conflict with the provisions of § 223-12, the provisions of this subsection shall be controlling.
D.
Referral of application to Planning Board. Each application requiring site development plan approval, together with the required information described in Subsection B above, shall be referred to the Planning Board by the Building Inspector within five days of the date of application. Within 60 days of the date of the first Planning Board meeting on or after the date of referral, the Planning Board shall forward its recommendation to the Building Inspector, the City Engineer, and the applicant, and shall indicate whether the application should be approved, disapproved or approved with modifications and shall specify what modifications, if any, are necessary.
E.
Considerations. In acting on any site development plan application, the Planning Board shall take into consideration the recommendations of the City Development Plan, the proposed location, height and bulk of buildings, traffic circulation within and without the site, provision of off-street parking spaces, exterior lighting, buffer areas and other open spaces, drainage improvement in accordance with § 223-25G of this chapter and display of signs, so that any development will have a harmonious relationship with the existing or permitted development of contiguous land and of adjacent neighborhoods, and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street system.
F.
Environmental quality review.
(1)
The Planning Board shall comply with SEQR prior to
granting any approvals, on a generic or site-specific basis, as appropriate.
Conceptual site plan reviews shall require SEQR analysis on a generic
basis, which may be broader and more general than site-specific SEQR
analysis, but may also include an assessment of project-specific impacts
if such details are available. The generic analysis may identify the
important elements of the natural resource base, and existing and
projected features, patterns and character. It may discuss in general
terms the constraints and consequences of any narrowing of future
options. It may present and analyze, in general terms, hypothetical
scenarios that could and are likely to occur.
(2)
The generic analysis should set forth specific conditions
or criteria under which future actions will be undertaken, reviewed,
and approved, including requirements for any subsequent SEQR compliance.
These conditions may include thresholds and criteria for supplemental
SEQR analysis regarding site-specific impacts of certain scenarios,
or potential alternatives, which were not previously addressed in
the generic SEQR analysis. Further, any site-specific environmental
impacts not previously addressed in the conceptual review shall be
addressed in the project-specific phase.
G.
Drainage requirements.
(1)
The developer may be required by the reviewing authority
to carry away by pipe or open ditch any spring or surface water that
may exist either previous to or as a result of the project. Such drainage
facilities shall be located in the street right-of-way, where feasible,
or in perpetual unobstructed easements of appropriate width and shall
be constructed in accordance with the City Construction Standards
and Specifications.
(2)
If a project contains an existing drainage channel
conveying surface water from an off-site upstream drainage area, the
developer shall be required to provide for the conveyance of such
surface water runoff through the project. Drainage pipes and/or other
conveyance facilities shall be provided large enough, in each project
and for each existing drainage channel, to convey potential runoff
from the entire upstream drainage area through the project, based
on a one-hundred-year storm. The intent of this provision is to maintain
the existing watershed drainage pattern as closely as possible and
to safely convey stormwater runoff from the upstream drainage area
through the project. Further, the developer shall also be required
to install drainage pipes and/or other conveyance facilities in the
project to accommodate on-site-generated stormwater runoff which traverses
the project for a twenty-five-year storm based on post-development
conditions.
(3)
The reviewing authority may require the developer
to prepare a study of the effects of the project on existing downstream
drainage facilities based on the one-hundred-year storm. Where such
study or the reviewing authority, after an independent analysis, determines
that the additional runoff resulting from the development of the project
will adversely impact existing downstream properties or drainage facilities,
the reviewing authority may withhold approval until provision has
been made for the correction of said potential condition. An acceptable
corrective provision may be the addition of on-site retention and/or
detention of the increased post-development stormwater runoff from
the project so that there would be no net increase in the peak rate
of stormwater runoff over the project’s predevelopment rate.
(4)
The applicant shall be responsible for submitting
computations to the City Engineer in sufficient detail to make possible
the ready determination of the adequacy of the proposed drainage facilities,
and the City Engineer shall be responsible for reviewing these and
preparing recommendations for the reviewing authority.
H.
Park reservations.
[Added 12-5-2011 by L.L. No. 14-2011[1]]
(1)
General
standards. The Planning Board may require that a portion of land subject
to site plan approval for a residential use be reserved for a park
or parks suitably located for playground or other recreational purposes.
Such locations shall be as designated on the City Development Plan
or Official Map, or as otherwise deemed appropriate by the Planning
Board. Each reservation shall be of suitable size, dimensions, topography
and general character, and shall have adequate street or private road
access, for the particular purpose or purposes envisioned by the Planning
Board. The area shall be shown and marked on the site plan as "Reserved
for Park Purposes."
(2)
Minimum
size. The Planning Board may require the reservation of up to 10%
of the area of the site plan for recreation purposes. In general,
it is desirable that land reserved for park and playground purposes
have an area of at least one acre.
(3)
Ownership
of park areas. The ownership of reservations for park purposes shall
be clearly indicated on the site plan and established in a manner
satisfactory to the Planning Board so as to assure their proper future
continuation and maintenance. When the Planning Board requires that
an area for park, playground or recreational purposes be reserved
on the site plan, such requirement shall not constitute an acceptance
by the City of such area.
(4)
Cash
payment in lieu of reservation. If the Planning Board determines that
a suitable park or parks of adequate size cannot be properly located
on any such site or are otherwise not practical, the Planning Board
may require, as a condition to final approval of any such site plan,
a payment in a sum to be determined by the approval authority in accordance
with the fee schedule on file in the City Clerk’s office. Said
sum shall be deposited in a trust fund to be used by the City Council
exclusively for neighborhood park, playground, or recreational purposes,
including but not limited to the acquisition of land.
(5)
Referral.
In the event the Planning Board intends to require a reservation of
parkland, the Planning Board shall request a report and recommendation
from the City Council as to the reservation of such land for park
or recreation purposes.
I.
Public hearing(s).
[Amended 5-2-2016 by L.L.
No. 7-2016]
(1)
A public hearing shall be held by the Planning Board on each site development plan application. Notice of said hearing shall be provided by the applicant in accordance with § 223-61.3 of this chapter. With respect to the two-phase site plan approval process for nonresidential projects provided for in Subsection C above, a public hearing shall be held by the Planning Board during both the conceptual and project-specific phases, respectively.
J.
Expiration of approval. At the time of approving the
site development plan, the Planning Board may set forth the time period
in which construction is to begin and be completed. The Planning Board
may, in its discretion, extend any time period it has previously set
where it finds that changing market conditions or other circumstances
have acted to prevent the timely commencement or completion of work,
and that the developer has proceeded with reasonable diligence in
an effort to assure completion of the work within the permitted time
period. The extension of these time periods shall not require the
holding of a new public hearing.
[Added 9-15-2003 by L.L. No. 14-2003]
[Added 3-15-2021 by L.L. No. 03-2021]
A.
Statutory authority. Pursuant to the General Municipal Law § 96-a
of the State of New York and the General City Law of the State of
New York, the Beacon City Council hereby enacts a Scenic Viewshed
Protection Law.
B.
Legislative findings and purpose. The City of Beacon finds that certain
public view locations and viewsheds, as herein defined, have a special
scenic, historic, or aesthetic value, and any future obstruction of
such viewsheds would constitute an irreplaceable loss to the people
of the City. It is hereby declared as a matter of public policy that
the protection, enhancement, perpetuation, and scenic use of designated
view locations is a public necessity and is required in the interest
of health, safety and general welfare. The purpose of this section
is to:
(1)
Safeguard the City's scenic and aesthetic resources, as embodied
in designated viewpoints and viewsheds.
(2)
Preserve property values in such scenic resource areas.
(3)
Foster civic pride in the beauty of the City.
(4)
Implement the objectives and policies of the City's Comprehensive
Plan, Local Waterfront Revitalization Program, and Natural Resources
Inventory.
C.
Legislative intent.
(1)
It the intent of the City of Beacon to protect and preserve
the scenic resources of the City, to ensure that the benefits provided
by the scenic resource will not be lost for present and future generations,
and to protect the broader public interest.
(2)
This section is enacted with the intent of providing an equitable
balance between the rights of individual property owners to the use
of their property and the rights of present and future generations
to enjoy scenic viewsheds. Therefore, this section recognizes the
rights of property owners that may be affected by a designated scenic
resource to use their property for reasonable purposes consistent
with these and other regulations and controls, provided that such
use does not result in a significant loss or impairment to public
scenic viewsheds.
(3)
It is not the intent of this section to protect views from private
properties or to affect property development constructed prior to
the designation of a specific scenic viewshed or scenic view location.
However, it is the intent of the City of Beacon that the provisions
of this section shall apply to any enlargement, alteration, improvement,
or modification of any existing building or structure that affects
a designated scenic viewshed.
(4)
It is the intent of this section to protect viewsheds while allowing property to be developed in accordance with the City Zoning Code and New York State law. The Planning Board has the flexibility to modify the City's zoning regulations with respect to site layout and lot design, including minimum lot area, width, depth, and frontage, minimum front, side, and rear yards, and other similar requirements in the § 223-17, Schedule of Dimensional Regulations, as permitted in this section, to preserve designated viewsheds and permit proposed projects that otherwise meet the requirements of the City Code.
D.
SCENIC VIEW LOCATION
SCENIC VIEWSHED
Definitions. Unless specifically defined below, words or phrases
in this section shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give this section its most
reasonable application.
A designated position from a public street, public sidewalk,
public property, or publicly accessible easement at standing height
in a designated direction that overlooks a scenic viewshed.
A designated area which exhibits outstanding or unique arrangements
of natural or built features, including water or water-related features,
streetscape, landforms or vegetative patterns, or other historic or
environmental features that provide inspiration, hold interest and
command the attention of the viewing public. A scenic viewshed is
visible from a scenic view location.
E.
Designation process. From time to time the City Council may identify
and designate certain areas within the City of Beacon as a scenic
view location and a scenic viewshed.
(1)
The City Council shall identify a scenic view location and scenic
viewshed for possible designation. The City Council shall prepare
and make public a justification assessment which shall include maps,
photographs, and a written description to describe the potential scenic
view location and scenic viewshed under consideration.
(2)
The City Council shall request comments regarding the potential
scenic view location and scenic viewshed from the Planning Board and
Conservation Advisory Committee. The City Council may also request
comments from other officials and committees as the Council deems
appropriate. All comments shall be provided to the City within 30
days of the City's initial request.
(3)
After the City Council has identified a specific scenic view
location and scenic viewshed for protection, it shall hold a public
hearing on the designation of each identified scenic view location
at which time the general public, interested parties, and property
owners in the area shall have the opportunity to be heard regarding
the proposed scenic view location and scenic viewshed designation.
(4)
Notice of the public hearing on the designation of the scenic
view location and scenic viewshed shall be provided as follows:
(a)
The City shall submit a notice of public hearing to the official
City newspaper and one additional local newspaper for publication
at least 10 days before such hearing. The notice shall be published
at the expense and direction of the City. The notice shall contain
the time, date and place of the public hearing, and shall identify
the view location and viewshed to be designated.
(b)
Notice of the public hearing shall be sent by the City, by certified
mail (return receipts not required) at least 10 days before such hearing
to all property owners within a distance of 250 feet of any boundary
of the proposed scenic view location. The notice shall contain the
time, date and place of the public hearing, and shall identify the
view location and viewshed to be designated.
(5)
After conducting a public hearing on the intent to designate
a scenic view location, the City Council shall approve or disapprove
the designation according to its regular voting procedures and include
any designated view location on the City of Beacon Zoning Map.
(6)
The designation of a scenic view location or scenic viewshed
may be amended or rescinded by the City Council, after a public hearing.
F.
Criteria for designation.
(1)
Prior to designating a scenic view location or scenic viewshed,
the City Council must find the scenic view location or scenic viewshed
possesses one or more of the following characteristics:
(a)
The view represents a key view location for which public sensitivity
to an alteration of the view will be the highest, such as at gateway
entrances to the City, public parks, and major intersections.
(b)
The view is illustrative of a natural landscape feature, water
body, or geologic feature important to the natural character of the
City. The City's Natural Resources Inventory identified three primary
scenic viewsheds worthy of protection, including views of the Hudson
River, Fishkill Creek, Fishkill Ridge and Mt. Beacon.
(2)
Scenic viewsheds shall possess a unique overall quality of scenic
beauty.
(3)
If multiple nearby locations have similar views, the best view
locations shall be designated.
(4)
Designation shall consider foreground elements and the longer-distance
viewshed, as well as whether the view will be available in both summer
and winter.
(5)
Only legally accessible public property, including existing
roads, parks, or other legally accessible public property, may be
designated as a protected scenic view location.
G.
Regulations for proposed projects affecting a designated scenic view
location or designated scenic viewshed.
(1)
Where site development plan approval and/or subdivision approval
is required by the Planning Board, the Planning Board shall make specific
findings concerning the consistency of the proposed development, alteration,
modification or improvement with the provisions of this section.
(2)
Where special use permit approval or concept plan approval is
required by the City Council, the City Council shall refer the special
use permit or concept plan application to the Planning Board for comments.
The Planning Board shall provide comments to the City Council concerning
the consistency of the proposed development, alteration, modification
or improvement with the provisions of this section prior to the close
of any public hearing on the special use permit or concept plan application.
Such comments shall be incorporated into any recommendation provided
by the Planning Board to the City Council on the special use permit
or concept plan application.
(3)
Where variance approval is required by the Zoning Board of Appeals,
the Zoning Board of Appeals shall refer the variance application to
the Planning Board for comments. The Planning Board shall provide
comments to the Zoning Board of Appeals concerning the consistency
of the proposed development, alteration, modification or improvement
with the provisions of this section prior to the close of any public
hearing on the variance application.
(4)
Where variance approval is required by the Zoning Board of Appeals,
the Zoning Board of Appeals shall make specific findings concerning
the consistency of the proposed development, alteration, modification
or improvements with the provisions of this section when evaluating
whether the requested use variance(s) will alter the essential character
of the neighborhood or whether the requested area variance(s) will
produce an undesirable change in the character of the neighborhood.
(5)
The City Council and City departments shall consider the consistency of any public project or improvement, such as decisions on parks, street trees and other public improvements, with the provisions of this section. The City shall consider the standards set forth in § 223-25.1G(7) when reviewing any public project or public improvement that may affect a designated scenic viewshed or scenic view location.
(6)
An application for site development plan approval, subdivision
approval or variance approval for a proposed development, alteration,
modification or improvement that may affect a designated scenic view
location or designated scenic viewshed shall include a visual assessment
of the proposed action as part of the application packet. The visual
assessment shall include the following:
(a)
An aerial photograph showing the subject property, adjoining
parcels, and the designated view location and direction.
(b)
Perspective drawings, plans and section diagrams, photographs,
or photo-simulations of proposed improvements in relation to the designated
view location and viewshed.
(c)
A written description of the proposed development, the predicted
impacts on the designated view location and viewshed, and suggested
mitigation measures to avoid any potential impacts.
(d)
The reviewing authority may request additional information as
part of the review process.
(7)
Before granting or denying any site development plan, subdivision
application or variance request, the Planning Board or the Zoning
Board of Appeals shall consider the following standards, when reviewing
a site development plan, subdivision application or variance request
that may affect a designated scenic viewshed or scenic view location:
(a)
The proposed activity, including any new structure, parking
lot, overhead wires, antenna, light fixture, fencing, mechanical equipment,
or other new site feature, shall be located or clustered on the parcel
so as to avoid affecting the designated viewshed or cause the least
possible obstruction of the view.
(b)
If there is no reasonable alternative on the site to placing
a permitted building(s) near designated views, such building(s) shall
be located to maintain a substantial viewshed corridor between buildings,
thereby framing the view rather than obstructing it.
(c)
To protect designated scenic viewsheds over buildings, rooftop
mechanical equipment and other potential rooftop obstructions shall
be avoided, or at least minimized and screened, and any visible flat
roof surfaces shall be integrated into views with green roof plantings
or other architectural measures.
(d)
Disturbance to existing vegetation that contributes to the scenic
viewshed shall only be permitted to the extent that it is absolutely
necessary for the development or improvement. Existing overgrown vegetation
that is blocking scenic views may be selectively cut down or trimmed
back.
(e)
New landscaping, including trees, shrubs, and hedges, shall
be planted so as to avoid obstruction of designated public viewsheds
and maintained over time as a condition of any approval.
(f)
Development that may affect the designated viewshed shall be
integrated with existing vegetation and kept screened behind and below
the natural tree line, whenever possible.
(g)
Designated viewsheds may be additionally protected by providing
enhanced scenic view locations as part of a development plan, such
as the incorporation of a publicly accessible viewpoint, greenspace,
promenade, or Greenway Trail into the proposal.
(8)
The Planning Board or Zoning Board of Appeals may request alternative
design options that would avoid or minimize negative impacts to the
designated viewshed.
(9)
In order to achieve the purposes of this section, the Planning Board may modify the zoning regulations with respect to site layout and lot design, including minimum lot area, width, depth, and frontage, minimum front, side, and rear yards, and other similar requirements in the § 223-17, Schedule of Dimensional Regulations, provided that:
(a)
The permitted number of dwellings or overall square feet of
development in no case exceeds the number that could be permitted
if the land was developed in conformance with the normally applicable
requirements of the zoning district.
(b)
The maximum permitted building height requirements shall be
the same as those normally applicable to other dwellings in the zoning
district.
[Amended 6-15-1992 by L.L. No. 5-1992; 7-6-2004 by L.L. No. 13-2004; 2-19-2013 by L.L. No. 3-2013; 5-19-2014 by L.L. No. 6-2014; 5-15-2017 by L.L. No. 7-2017; 6-15-2020 by L.L. No. 7-2020; 10-3-2022 by L.L. No. 10-2022; 8-5-2024 by L.L. No. 5-2024]
A.
General. A permit for the erection, replacement, reconstruction,
extension or substantial alteration of a structure or the development
of a land use shall not be issued unless off-street automobile parking
areas or structures and, where appropriate loading and unloading spaces
are consistent with the provisions in this section.
B.
Location, use, design, construction and maintenance.
(1)
Location. Except as provided elsewhere under the City Code, any approved
off-street parking area or structure shall be provided on the same
lot or premises with such structure or land use; unless such off-street
parking spaces for structures or land uses on two or more adjoining
lots may be provided in a single common facility on one or more of
said lots, provided that an easement or deed restriction(s), in a
form approved by the Corporation Counsel, assuring the continued operation
of said parking facility during the life of the structure or the land
use the parking is designed to serve, is filed on the land records
prior to approval of the plans for said parking facility.
(2)
In any residence district, no designated off-street parking area or structure shall be developed in any front yard forward of the principal building, except as approved by the Building Inspector or Planning Board for an unusual lot configuration. Nor shall any off-street parking area or structure be developed in a residence district in any minimum side or rear yard setback adjacent to a street line or in any other side or rear yard within five feet of the lot line. However, off-street parking spaces shall be permitted in residential districts as indicated in § 223-17C.
(3)
Parking specifications.
(a)
Each parking space provided in an unenclosed area shall be at least nine feet wide and at least 18 feet long, except that the Planning Board, in approving a plan under § 223-25, may permit that portion of the total parking which is specifically set aside for and limited to employee parking to have a width of at least 8 1/2 feet and a depth of at least 18 feet. This possible exception shall not be permitted in the CMS District. In accordance with the standards set forth in § 223-26D, the Planning Board may allow no more than 30% of the provided parking to be designated for compact automobiles.
(b)
Each parking space which is bordered by walls or columns on
two or more sides shall be not less than 10 feet wide nor less than
18 feet long. Enclosed or garaged parking areas shall not contain
any columns, walls or other obstacles which would prevent or obstruct
the use of any parking space.
(c)
Except for one-family and two-family dwellings, the maneuvering
area needed to permit parked vehicles to enter and exit off-street
parking spaces shall have a width of at least 24 feet, unless the
Planning Board approves a lesser distance as adequate for areas with
parallel or angled parking spaces.
(4)
Landscaping. Except for parking spaces accessory to one-family and
two-family dwellings and accessory apartment dwelling units subject
to approval by the Building Inspector, all off-street parking areas
shall be landscaped with appropriate trees, shrubs and other plant
materials and ground cover, as approved by the Planning Board based
upon consideration of the adequacy of the proposed landscaping to
assure the establishment of a safe, convenient and attractive parking
facility with a minimum amount of maintenance, including plant care,
snowplowing and the removal of leaves and other debris. The property
owner shall have an obligation to maintain and replace any landscaping
which dies or becomes unsightly.
(a)
At least one tree with a minimum caliper of three inches at
a height of four feet above ground level shall be provided within
such parking area for each eight parking spaces, notwithstanding,
the Planning Board shall have sole discretion to require less trees
due to site constraints in the parking areas and/or to require a set-aside
of equivalent trees and landscaping elsewhere on the same lot.
(b)
Wherever possible, planting islands, at least eight feet in
width, shall be provided to guide vehicle movement and to separate
opposing rows of parking spaces so as to provide adequate space for
plant growth, pedestrian circulation and vehicle overhang. Such planting
islands and the landscaping within them shall be designed and arranged
in such a way as to provide vertical definition to major traffic circulation
aisles, entrances and exits, to channel internal traffic flow and
prevent indiscriminate diagonal movement of vehicles and to provide
relief from the visual monotony and shadeless expanse of a large parking
area.
(c)
The Planning Board may require curbing to facilitate surface
drainage and prevent vehicles from overlapping sidewalks and damaging
landscaping materials.
(d)
No obstruction to driver vision shall be erected or maintained
on any lot within the triangle formed by the street line of such lot,
the outer edge of the access driveway to the parking area and a line
drawn between points along such street line and access drive 25 feet
distant from their point of intersection.
(5)
Grades, drainage, paving and marking. All parking areas and structures, regardless of size, shall be graded, surfaced, drained and maintained throughout the duration of their use so as to comply with the New York State Stormwater Management Design Manual, as amended from time to time, and/or Chapter 190, Stormwater Management and Erosion and Sediment Control, of this Code, or other acceptable stormwater management practice(s), as deemed suitable to the City Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The drainage analysis for said parking areas or structures shall include pre- and post-development conditions as well as remediation and/or mitigation of stormwater runoff. The maximum slope within a parking area shall not exceed 5%. In RD Districts and in any multifamily or nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits. Except for one-family or two-family dwellings, the Planning Board shall require green stormwater infrastructure for the development of parking spaces, unless the applicant establishes to the Planning Board's satisfaction that the underlying soils do not allow natural drainage. Such green stormwater infrastructure is subject to § 190-9. For the purposes of this subsection, "green stormwater infrastructure" shall mean practices which manage stormwater through infiltration, evapo-transpiration and reuse including the following: the use of permeable pavement, bio-retention, tree pits and urban forestry, stormwater planters, rain gardens, vegetated swales, or stormwater harvesting and reuse.
(6)
Traffic circulation. In order to encourage safe and convenient traffic
circulation, the Planning Board may require the interconnection of
parking areas via access drives within and between adjacent lots.
The Board shall require easements, satisfactory to the Corporation
Counsel, binding the owner and its heirs and assignees to permit and
maintain such internal access and circulation and inter-use of parking
areas or structures.
(7)
Two or more uses on same lot. Where two or more different uses occur
on a single lot, the Planning Board may approve the joint use of parking
spaces by two or more establishments on the same lot or on contiguous
lots, the total capacity of which is less than the sum of the spaces
needed for each use individually, provided that said Board finds that
the capacity to be provided will substantially meet the intent of
this article by reason of variation in the probable time of maximum
use by patrons or employees at such establishments and provided that
such approval of such joint use shall be automatically terminated
upon a change of use at any such establishment.
(8)
Designed residence and multifamily residence districts.
(a)
In RD Districts, in order that some of the parking spaces may
be convenient for use by visitors as well as by occupants, 2/3 of
the car spaces for a residential building shall, whenever possible,
be directly accessible to a main entrance to that building and within
100 feet of that entrance.
(b)
In RD Districts, off-street parking lots shall be located behind,
underneath, or to the side of the building, whenever possible. Any
parking to the side of the building shall be screened from street
views by a low wall, hedge, fence, and/or other landscaping and, whenever
possible, it shall be located at least 40 feet from any property line
that fronts on a street.
(9)
Off-street parking for private passenger vehicles may be allowed
by a special permit from the Planning Board on a vacant lot in a residential
district which has a shared parcel line for at least 20 feet with
a commercial or industrial district, provided that the off-street
parking shall be on a portion of the lot within 200 feet of the commercial
or industrial district and that the use shall not include fee-based
parking for railroad commuters.
C.
Alternatives to providing parking spaces.
(1)
Conveyance of land. Where, because of limitations of size, dimensions
or topography of a lot, an applicant for a building permit in a business
district finds it impractical to provide all or a portion of the off-street
parking spaces required by the Planning Board, in connection with
a proposed building or addition, the applicant may grant and convey
to the City of Beacon, and the City Council, at its discretion, may
accept, appropriately located and developed land for commercial parking
as a permitted use equivalent, provided that said land is permanently
dedicated to the City.
(2)
Waiver of improvement. Except within the Central Main Street District, and notwithstanding any other provision of this chapter, the City Council or Planning Board, in reviewing plans submitted in accordance with the provisions of this section or §§ 223-18 or 223-25, may waive the initial improvement of up to 50% of the off-street parking spaces, provided that all of the spaces are shown on the proposed plan and further provided that suitable agreements, satisfactory to the City Council or Planning Board, are obtained assuring the City that the property owner(s) will be responsible for the construction of such waived spaces, or any portion thereof, within six months of the date such spaces may be deemed necessary by the City Council or Planning Board.
D.
Schedule of off-street parking standards.
(1)
In order to promote walkability and other transportation alternatives
and to avoid excessive automobile traffic and unnecessarily large
paved parking lots, parking maximums have been established for all
uses. Unless otherwise determined by the Planning Board, no minimum
number of off-street parking spaces are required within the CMS, L,
and WD districts due to the proximity of these districts to municipal
parking areas, public transportation, and pedestrian-oriented streetscapes.
(2)
The Planning Board shall determine the appropriate number of off-street parking spaces within the range provided in the table at § 223-26D(4) as part of its application review and based on the context of the property, including but not limited to, as applicable, the size of the parcel, proposed uses, existing buildings on the parcel, especially if they are designated as historic, availability of public and street parking in the area, access to public transit, a parking study submitted by the applicant, shared parking arrangements, land-banking authorized under § 223-26C(2), compliance with the Americans with Disabilities Act (ADA) and any state requirements for accessible parking, and input from any public hearing. The number of off-street parking spaces determined by the Planning Board to be appropriate shall become the required number of off-street parking spaces for the proposed use of the subject property.
(3)
Any professional parking study submitted by the applicant shall be
based primarily on specific site-related information, a comparable
analysis of similar uses and properties in the area or region, and
an examination of demand reduction strategies, including such elements
as promotion of walking, bicycle parking or storage facilities, alternative
mobility options, transit access opportunities, car-share rentals,
and ride-sharing or carpooling services.
(4)
The following table establishes the range of the minimum and maximum number of off-street parking spaces within which the Planning Board has discretion to determine the required number of such spaces based on the considerations set forth at § 223-26D(2). Where more than the maximum or less than the minimum number of off-street parking spaces are provided an area variance from the Zoning Board of Appeals shall be required. An area variance may also be sought from the required number of parking spaces determined to be appropriate by the Planning Board.
|
Schedule of Off-Street Parking Standards1
| ||||
|---|---|---|---|---|
|
Building Use
|
CMS, L, WD
|
R1, RD, LI, HI, WP, FCD, GB, T2
| ||
|
Min
|
Max
|
Min
|
Max
| |
|
Residential (Including accessory apartment)
|
—
|
1 space per dwelling unit
|
1 space per dwelling unit
|
3 spaces per dwelling unit
|
|
Lodging
|
—
|
0.75 space per guest room
|
0.5 space per guest room
|
1.5 space per guest room
|
|
Commercial (Retail/office/service/Food/Auto-Oriented/Social
and community)
|
—
|
3 spaces Per 1,000 SF GFA
|
3 spaces Per 1,000 SF GFA
|
5 spaces Per 1,000 SF GFA
|
|
Health care and educational
|
4 spaces per 1,000 SF GFA
|
1 space per 1,000 SF GFA
|
4 spaces per 1,000 SF GFA
| |
|
Industrial (Industrial or assembly)
|
—
|
—
|
0.25 space per 1,000 SF GFA
|
2.5 spaces per 1,000 SF GFA
|
|
Other uses
|
Shall be determined by the Planning Board or the Building Inspector,
as appropriate depending upon the permit or approval sought and upon
consideration of relevant factors dictating the parking needs of each
such use.
| |||
|
NOTES:
| |
|---|---|
|
1.
|
The calculation of gross floor area ("GFA") shall exclude utility space. Pursuant to § 223-26B(3)(a), no more than 30% of the provided parking may be designated for compact automobiles at the sole discretion of and in accordance with the standards set forth in § 223-26D, as determined by the Planning Board.
|
|
2.
|
Where the Planning Board determines that a property within the
T District is in proximity to available municipal parking, public
transportation, and pedestrian-oriented streetscapes, parking standards
from the CMS district may be applied to all proposed uses on said
property.
|
E.
Operation and maintenance of off-street parking areas and structures.
Off-street parking areas or structures shall be maintained as long
as the use of the structure exists which the parking areas or structures
are designed to serve. Designated parking areas developed for specific
structures and uses shall be reserved at all times to those persons
who are employed at or make use of such structures and land uses,
except when dedicated to and accepted by the City as public parking
areas.
F.
Off-street loading requirements. Off-street loading and unloading
facilities shall be provided as follows:
(1)
Reserved.
(2)
Number of spaces. The Planning Board shall determine the location
(on-site or off-site) and appropriate number of loading spaces as
part of site plan approval and based on the context of the property,
including but not limited to the size of the parcel, proposed uses,
existing buildings on the parcel, a professional study submitted by
the applicant, and input from any public hearing.
G.
Driveways. For reasons of traffic and pedestrian safety, both on and off street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of Chapter 100, Driveways, and shall be subject to the approval of the Highway Superintendent, except where such are part of a use subject to special permit or site development plan approval, in accordance with §§ 223-18 and 223-25, in which case they shall be subject to approval by the Planning Board and/or City Council.
[Added 5-16-2011 by L.L. No. 5-2011]
A.
The
following shall be prohibited from being kept or stored on any property
for more than 14 consecutive days or more than 30 cumulative days
over a one-year period if located in the front or side yard of a lot
or on the open front porch: household furnishings, fixtures or equipment
designed, manufactured or intended for indoor use, appliances, building
materials, tools and equipment, auto body parts, new or used vehicle
parts, lawn maintenance equipment, animal houses or shelters, compost
piles, trampolines, swing sets and other similar play equipment, logs
and long, thick sections of trimmed but unhewn timber, and packaged
fuels such as pellets.
B.
Utility
trailers; all-terrain vehicles; snowmobiles; jet skis.
(1)
At all times, except as temporarily required for loading and unloading,
the storage on residential property of registered utility trailers
shall be limited to a total of two per dwelling unit. Unregistered
utility trailers shall not be stored on residential property.
(2)
All-terrain vehicles, snowmobiles and jet skis shall be stored in
an enclosed garage or the rear yard, unless such item is fully screened
by landscaping or opaque fencing.
C.
Cut
and split firewood must be neatly stacked and shall be permitted in
the rear yard only.
[1]
Editor's Note: Former § 223-26.2, Tattoo parlors,
added 6-18-2012 by L.L.No. 12-2012, and § 223-26.3, Retail
sales from a truck or trailer, added 7-21-2014 by L.L. No. 10-2014,
were repealed 6-15-2020 by L.L. No. 7-2020.
[Added 2-16-2021 by L.L. No. 02-2021[1]]
A.
Statement of intent and objectives.
(1)
The City Council has determined that the establishment of zoning
provisions to institute minimum standards for wireless telecommunication
services facilities shall be among the legislative purposes of the
Zoning Law of the City of Beacon and is in accordance with the goals,
objectives and policies of the City's Comprehensive Plan.
(2)
The purpose of these regulations is to reasonably control the
location, construction, appearance and maintenance of wireless telecommunication
services facilities in order to protect, to the maximum extent practicable,
aesthetic impacts, the open space character of portions of the City
of Beacon, the property values of the community, and the health and
safety of citizens, while not unreasonably limiting competition among
telecommunication providers.
B.
Except as provided hereinafter, no wireless telecommunication services facility shall be located, constructed or maintained on any lot, building, structure or land area in the City of Beacon without first filing a wireless telecommunication services facility application with the Planning Board and obtaining approval from the Planning Board. All wireless telecommunication services facilities shall also require site development plan review and approval from the Planning Board in accordance with the provisions of § 223-25.
C.
Exemptions. The provisions of this section shall not apply to:
(1)
Unlicensed wireless telecommunication services facilities installed
wholly within a principal or accessory building such as, but not limited
to, baby monitors, heart monitors, garage door openers and burglar
alarm transmitters, and serving only that building.
(2)
Notwithstanding anything to the contrary in this chapter, an
eligible facilities request for modification of an eligible support
structure that does not substantially change the physical dimensions
of such structure shall not require review under this section. A building
permit must be obtained for an eligible facilities request prior to
any modification of the eligible support structure.
D.
An application for approval of a wireless telecommunication services
facility shall be jointly filed by the operator of the wireless telecommunication
services facility and the owner of the property on which such facility
is proposed to be located and shall contain the following.
(1)
A site development plan meeting the requirements of § 223-25B(1).
(2)
An engineering plan illustrating the design and specifications
of the proposed structure and equipment, including location of radios,
antenna facilities, transmitters, equipment shelters, cables, conduits,
point of demarcation, transport solution, electrical distribution
panel, electric meter, and electrical conduit and cabling. Where applicable,
the design documents should include specifications on design, pole
modifications and ADA compliance.
(3)
Where applicable, a load-bearing study to determine whether
the structure requires reinforcement in order to accommodate the attachment
of the proposed wireless telecommunication services facility. If pole
reinforcement is warranted, the design documents should include the
proposed pole modification.
(4)
The location, size, and height of all existing and proposed
structures on the property which is the subject of the application.
(5)
The applicant's name, address, telephone number, and email address.
(6)
The names, addresses, telephone numbers, and email addresses
of all consultants, if any, acting on behalf of the applicant.
(7)
A descriptive statement of the objective(s) for the new facility
or modification thereof, including, but not limited to, filling a
gap in coverage, densifying a wireless network, introducing a new
service, or otherwise improving service capabilities.
(8)
The location of the nearest residential structure.
(9)
Identify all existing and proposed wireless telecommunication
services facilities which impact the service area covering the City
of Beacon, including but not limited to topographic maps of the City
with service coverage and service gap grids and all proposed, as well
as other functionally acceptable, locations for such facility(ies).
(10)
A visual impact assessment of the proposed wireless telecommunication
services facility based upon appropriate modeling, photographic simulation
and other pertinent analytical techniques as required by the Planning
Board.
(11)
Where the owner of the property on which a wireless telecommunication
services facility is proposed contemplates that such property may
be used for the installation of two or more such facilities, the property
owner shall submit a conceptual master plan identifying the total
number and location of such facilities.
(12)
Where a wireless telecommunication services facility is proposed
to be located on lands owned by a party other than the applicant or
the City, a copy of the lease agreement with the property owner, absent
the financial terms of such agreement, together with any subsequent
modifications thereof, shall be provided to the Planning Board, and
a copy shall be filed with the City Clerk and the Building Inspector.
(13)
For applications concerning small cell facilities, the Planning
Board may, in its discretion, waive any of the above application submission
requirements that it believes to be unnecessary to determine compliance
with this section.
E.
Approval procedures for small cell facilities.
(1)
A public hearing may be held by the Planning Board, at its sole discretion, on each application concerning a small cell facility. The Planning Board may waive the public hearing requirement where the Planning Board finds that it is appropriate to do so based on consideration of technological feasibility and visual impacts. Waiving the public hearing requirement on an application concerning a small cell facility shall also waive the public hearing requirement on the corresponding site development plan application. Public notice of any required public hearing shall be provided by the applicant in accordance with § 223-61.3.
(2)
Time frames for approval.
(a)
Within 60 calendar days of receipt of a complete application
for the co-location of a small cell facility on a preexisting utility
pole, monopole or other existing support structure, the Planning Board
shall make a final decision on whether to approve, approve with conditions,
or deny the application and shall notify the applicant, in writing,
of such decision.
(b)
Within 90 calendar days of receipt of a complete application
for a small cell facility on a new utility pole, monopole or other
new support structure, the Planning Board shall make a final decision
on whether to approve, approve with conditions, or deny the application
and shall notify the applicant, in writing, of such decision.
(c)
Within 10 calendar days of receipt of an incomplete application
for a small cell facility, the City shall notify the applicant, in
writing, of any supplemental information required to complete the
application. Such notification shall toll the applicable shot clock
until the applicant submits the required supplemental information.
Upon receipt of an applicant's supplemental submission which adequately
responds to the initial notification of incompleteness by the City,
as determined by the Building Inspector, the applicable shot clock
will reset to zero, and the City shall have the full 60 calendar days
or 90 calendar days permitted by law to act on the completed application.
(d)
For any subsequent determinations of incompleteness beyond the
initial submission, the City shall notify the applicant of any required
supplemental information within 10 days of receipt of the supplemental
submission, and such notice shall toll the applicable shot clock until
the applicant submits the required supplemental information.
F.
Approval procedures for wireless telecommunication services facilities,
excluding small cell facilities.
(1)
A public hearing shall be held by the Planning Board on each application concerning a wireless telecommunication services facility. Public notice of said hearing shall be provided by the applicant in accordance with § 223-61.3.
(2)
Time frames for approval.
(a)
Within 90 calendar days of receipt of a complete application
for the collocation of a wireless telecommunication services facility
on a preexisting utility pole, monopole or other existing support
structure, the Planning Board shall make a final decision on whether
to approve, approve with conditions or deny the application and shall
notify the applicant, in writing, of such decision.
(b)
Within 150 days of receipt of a complete application for a new
wireless telecommunication services facility, the Planning Board shall
make a final decision on whether to approve, approve with conditions,
or deny the application and shall notify the applicant, in writing,
of such decision.
(c)
Within 30 calendar days of receipt of any application for a
wireless telecommunication services facility, the City shall notify
the applicant, in writing, of any supplemental information required
to complete the application. Such notification shall toll the applicable
shot clock until the applicant submits the required supplemental information.
Upon receipt of an applicant's supplemental submission which adequately
responds to the initial notification of incompleteness by the City,
as determined by the Planning Board, the applicable shot clock will
reset to zero, and the City shall have the full 90 calendar days or
150 calendar days permitted by law to act on the completed application.
(d)
For any subsequent determinations of incompleteness beyond the
initial submission, the City shall notify the applicant of any required
supplemental information within 10 days of receipt of the supplemental
submission, and such notice shall toll the applicable shot clock until
the applicant submits the required supplemental information.
G.
The applicant and all future owners of the premises and the wireless
telecommunication services facility shall at all times keep on file
in the office of the City Clerk the name, address, and telephone number
of the owner and operator of such facility and the name of at least
one individual who shall have authority to arrange for the maintenance
of the premises and facility and who shall be authorized to accept
service of notices and legal process on behalf of the owner and operator(s)
of the premises and facility and to bind the owner to any settlement,
fine, judgment, or other disposition (other than incarceration) which
may result from any civil or criminal action or proceeding instituted
by the City against such owner and/or operator(s). Such information
shall be submitted to the City on a form provided by the Building
Department of the City of Beacon. Satisfaction of this requirement
shall be a condition of approval for any wireless telecommunication
services facility.
H.
Application fees. At the time an applicant submits an application
for a wireless telecommunication services facility, such applicant
shall pay a nonrefundable application fee in an amount determined
by the City Council and set forth in the City of Beacon fee schedule,
which may be amended, in addition to any other fee required by law.
I.
Reimbursement for the use of the public right-of-way. In addition
to application fees, every wireless telecommunication services facility
located in the public right-of-way is subject to the City's right
to fix annually a fair and reasonable fee to be paid for use and occupancy
of the public right-of-way. The annual fee for use of the public right-of-way
shall be set forth in the City of Beacon fee schedule.
J.
Setbacks. Wireless telecommunication services facilities, except
for small cell facilities and those structurally mounted to an existing
building or structure, shall be located not less than two times the
otherwise applicable setback requirements for principal structures
for the district in which the property is located, or not less than
the height of the facility to any property line, whichever shall be
greater. Except within the public right-of-way, all proposed poles,
pole equipment and enclosures installed in connection with a small
cell facility shall comply with the minimum setback requirements of
the zoning district in which it is located. Wireless telecommunication
services facilities structurally mounted to the roof of an existing
building or structure shall be set back at least 15 feet from the
edge of the roof along any street frontage, unless the Planning Board
makes a written determination that such setbacks are not necessary
based on visual impacts or feasibility.
K.
Height limitations. Within the height limitations set forth below,
a wireless telecommunication services facility shall not exceed the
minimum height reasonably necessary to accomplish the purpose it is
proposed to serve. Coverage requirements, safety, visual impacts,
and proximity to occupied buildings are all factors that can be considered
in determining the appropriate height.
(1)
The height of any antennas, or other associated antenna equipment,
structurally mounted as part of a wireless telecommunication services
facility shall not be placed more than 10 feet above the highest point
of the existing structure on which such antennas or antenna equipment
is affixed or 10% taller than the highest point of the adjacent structures
if the adjacent structures are taller than the structure to which
the antennas and equipment are proposed to be affixed, unless the
Planning Board determines that a requested height is required to provide
the necessary service and/or capacity (i.e., network densification).
Antennas shall be mounted so that the bottom of the antenna is at
least 20 feet above the grade at the base of the pole.
(2)
The height of any monopole or tower utilized in a wireless telecommunication
services facility shall not exceed 150 feet in height measured from
the highest point of such facility to the finished grade elevation
of the ground immediately adjacent to the structure.
(3)
Applicants must submit documentation justifying the total height.
L.
Visual mitigation.
(1)
All wireless telecommunication services facilities shall be
sited to have the least adverse visual effect on the environment and
its character, on existing vegetation and on any adjacent residential
uses in the area of the wireless telecommunication services facility.
(2)
Landscaping and/or other screening and mitigation, including
but not limited to architectural treatment, stealth design, use of
neutral or compatible coloring and materials, or alternative construction
and transmission technologies, shall be required to minimize the visual
impact of such facility from public thoroughfares, important viewsheds
designated by the City Council or listed in the City's Comprehensive
Plan, and surrounding properties to the extent practicable, as determined
by the Planning Board.
(3)
No signs shall be erected on any wireless telecommunication
services facility except as may be required by the FCC or other governmental
agency with jurisdiction over such facilities.
(4)
All equipment enclosures and storage buildings associated with
the wireless telecommunication services facilities shall be consistent
or compatible with adjacent buildings in terms of design, materials
and colors and shall be appropriately landscaped. All accessory equipment
shall maximize use of building materials, colors and textures designed
to blend with the structure to which it may be affixed and/or to harmonize
with the natural surroundings.
(5)
No wireless telecommunication services facility shall be located
in the Historic District and Landmark Overlay Zone, unless the applicant
demonstrates to the satisfaction of the Planning Board that the selected
site is necessary to provide wireless services, including but not
limited to, filling a gap in coverage, densifying a wireless network,
introducing a new service or otherwise improving service capabilities.
(6)
The Planning Board may consider alternative locations for equipment.
(7)
The Planning Board shall consider all impacts to designated
scenic viewsheds or view locations.
(8)
No wireless telecommunication services facility shall obstruct
pedestrian or vehicular traffic in any way.
(9)
Wherever possible, new wireless telecommunication services facilities
shall be in the form of antennas attached to an existing building
or structure and/or shall be in the form of stealth structures. Towers
shall be the structures of last resort.
(10)
All applications for a small cell facility shall comply with
the Small Cell Wireless Facility Design and Review Guideline Policy,
to the maximum extent feasible, and the applicable provisions of this
section. However, notwithstanding anything to the contrary, where
appropriate, the Planning Board shall have the authority to waive
any requirements set forth in the Small Cell Wireless Facility Design
and Review Guideline Policy and this subsection relating to an application
for, or approval of, a small cell facility. The Wireless Facility
Design and Review Guideline Policy shall be created by the Building
Inspector, upon consultation with the City Planner, and shall be approved
by the Planning Board.
M.
Materials. A wireless telecommunication services facility shall be
of galvanized finish or painted gray or another neutral or compatible
color determined to be appropriate for the proposed location of such
facility in the reasonable judgment of the Planning Board. The mountings
of wireless telecommunication antennas shall be nonreflective and
of the appropriate color to blend with their background.
N.
Lighting. The wireless telecommunication services facility shall
not be artificially lighted unless otherwise required by the Federal
Aviation Administration or other federal, state, or local authority.
O.
Operational characteristics. Unless otherwise superseded by the Federal Communications Commission (FCC), the design and use of the proposed wireless telecommunication services facility, including its cumulative impact with other existing and approved facilities, shall be certified to conform to the maximum NIER exposure standards promulgated by the FCC, as amended. Said certification shall include a report by a licensed professional electrical engineer with expertise in radio communication facilities and/or health physicist acceptable to the Planning Board. A copy of such certification report shall be submitted to the Planning Board prior to commencing operation of such facility, and a copy shall be filed with the Building Inspector. The Planning Board may require annual certification of conformance with the applicable emission standards. Additionally, copies of certification reports shall be submitted to the Planning Board whenever they are required to be submitted to the FCC. The Planning Board may hire a qualified professional of its choosing to review and confirm such initial and subsequent certification report(s), the cost of which shall be reimbursed by the applicant in accordance with the escrow account procedures established by the City for the reimbursement of professional review fees pursuant to § 223-61.1. Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation.
P.
Utility service. Electrical and land-based telephone lines extended
to serve the wireless telecommunication services facility sites shall
be installed underground, unless the Planning Board determines such
requirement is not feasible. If the wireless telecommunication services
facility is attached to a building, and if determined practical and
feasible by the Planning Board, all wires from the ground to said
facility shall be located within the building. If permitted to be
located outside said building, the wires shall be enclosed in a conduit
whose materials and colors are consistent or compatible with the building.
Q.
Safety provisions. A wireless telecommunication services facility
shall be designed and erected so that in the event of structural failure
it will fall within the required setback area and, to the maximum
extent possible, away from adjacent development.
R.
Security provisions. A wireless telecommunication services facility
shall be designed to prevent unauthorized access and may include the
incorporation of physical features such as fencing, anti-climbing
devices or elevating ladders on monopoles and towers, and/or monitoring
either by staff or electronic devices to prevent unauthorized access
and vandalism.
S.
Structural/safety inspection and report.
(1)
A monopole or tower over 50 feet in height shall be inspected
at least every five years from a structural and safety perspective
at the expense of the service provider by a licensed professional
engineer, or at any other time upon a determination by the Building
Inspector that the monopole or tower may have sustained structural
damage, and a copy of the inspection report shall be submitted to
the Building Inspector.
(2)
The City of Beacon reserves the right to inspect any wireless
telecommunication services facility to ensure compliance with the
provisions of this section and any other provisions found within the
Federal Communications Commission (FCC) regulations and City of Beacon
Code, state or federal law. The City of Beacon and/or its agents shall
have the authority to enter the property upon which a wireless telecommunication
services facility is located at any time, upon reasonable notice to
the operator, to ensure such compliance.
T.
Interference. In the event that the wireless telecommunication services
facility causes interference with the radio or television reception
within the City of Beacon, the applicant, at the applicant's sole
expense, shall thereafter ensure that any interference problems are
promptly corrected.
U.
The Secretary of the Planning Board shall forward a copy of the Planning
Board decision to the City Tax Assessor to allow the City to better
assess the utility infrastructure for wireless telephone facilities.
V.
Duration. Construction must be commenced within 12 months of issuance
of the Planning Board's approval and diligently pursued thereafter,
or such approval shall expire. The Planning Board may, in its sole
discretion, grant a six-month extension upon good cause shown.
W.
Removal, relocation, or modification of wireless telecommunication
services facilities in the public right-of-way.
(1)
Notice. Within 90 days following written notice from the City,
the wireless provider shall, at its own expense, protect, support,
temporarily or permanently disconnect, remove, relocate, change or
alter the position of any wireless telecommunication services facility
within the public right-of-way whenever the City has determined that
such removal, relocation, change or alteration is necessary for the
construction, repair, maintenance, or installation of any City improvement
in or upon, or the operations of the City in or upon, the public right-of-way.
(2)
Abandonment of facilities. Upon abandonment of a wireless telecommunication
services facility within a public right-of-way of the City, the wireless
provider shall notify the City within 90 days. Following receipt of
such notice the City may direct the wireless provider to remove all
or any portion of the small cell facility if the City, or any of its
departments, determines that such removal will be in the best interest
of the public health, safety and welfare.
(3)
A wireless telecommunication provider is authorized, after 30
days' written notice to the City Building Inspector, to remove its
facility at any time from the rights-of-way and cease paying the City
the administrative fee.
[1]
Editor's Note: This local law also repealed former §
223-26.4, Small cell wireless telecommunications facilities, added
8-7-2018 by L.L. No. 13-2018, as amended.
[Added 6-15-2020 by L.L. No. 6-2020[1]]
A.
Findings. The City Council of the City of Beacon has determined it
is in the best interest of the City and its residents to regulate
short-term rentals. The City Council recognizes the benefits of short-term
rentals to allow homeowners to supplement their income to defray the
cost of housing and to provide lodging for visitors to the City. However,
in order to protect the health, safety and welfare of the City and
its residents, it is necessary to restrict the rental of dwelling
units for terms shorter than 30 consecutive days, a practice which
is growing in popularity with the advent of internet and social media-based
programs that connect property owners and persons seeking short-term
rentals. In addition, studies have shown that short-term rentals are
linked to increases in rent and housing costs because rental units
are taken off the market and used as short-term rentals. Units are
going to short-term renters rather than to permanent residents which
results in a decrease in available housing stock within the City of
Beacon. By this section, the City Council seeks to allow short-term
rentals in dwelling units located in single-family homes, two-family
homes, accessory apartments and multifamily dwellings. The City Council
recognizes that the impacts of short-term rentals may be different
in multifamily dwellings compared to short-term rentals in single-family
and two-family homes. The impacts may be more acute in multifamily
dwellings due to the shared style of community living, the proximity
of dwelling units to one another, and use of shared community space.
To address these concerns the City Council has adopted more stringent
enforcement requirements for short-term rental units in multifamily
dwellings. The City Council believes that the restrictions and requirements
imposed herein further the City's goals and objectives and promote
the protection of the health, safety and welfare of the City and its
residents.
B.
DWELLING UNIT
OCCUPIED PRIMARY RESIDENCE
OWNER
PERSON
PRIMARY RESIDENCE
SHORT-TERM RENTAL
TENANT
Definitions. As used in this section, the following words shall have
the meanings indicated:
A building, or portion thereof, providing complete housekeeping
facilities for one family.
A dwelling unit used by the owner or tenant as his or her
or their primary residence. All owners of the business entity must
use the premises as his or her or their primary residence. When a
property is titled in the name of a trustee, the property shall be
considered an occupied primary residence if the grantor or grantee
is the occupant of the property.
Any individual or individuals, partnership or corporation
or other organization in possession of and having a fee interest in
the real property. The term "owner" shall include a corporation, limited-liability
company, partnership, association, trustee, or other business entity
or nonbusiness forms of ownership.
Any person, individual, corporation, governmental entity,
partnership, association, trustee or other legal entity.
The primary location that a person inhabits and resides most
of the year.
An entire dwelling unit, or a room or group of rooms within
a dwelling unit, made available to rent, lease or otherwise assigned
for an occupancy of less than 30 consecutive days. The term "short-term
rental" does not include dormitories, hotel or motel rooms, bed-and-breakfast
inns or lodging houses, as permitted and regulated by the City of
Beacon Zoning Ordinance.
Any person holding a written lease to occupy, use and possess
the whole or part of any building or real property, either alone or
with others.
C.
Permit required. It shall be unlawful to use, establish, maintain,
operate, occupy, rent or lease any property as a short-term rental
without first having obtained a short-term rental permit.
D.
Any dwelling unit, or room(s) therein, located in a one-family home,
two-family home, accessory apartment, or multifamily dwelling may
be used as short-term rentals subject to the requirements set forth
in this section. Short-term rentals shall be permitted in all zoning
districts within the City of Beacon.
E.
Permit application.
(1)
An application for a short-term rental permit shall be filed
and a short-term rental permit shall be obtained before the dwelling
unit, or a room or group of rooms within a dwelling unit is advertised
for short-term rental, and, if the spaces are not advertised, then
such permit shall be obtained before said space is leased or rented.
(3)
If a tenant seeks a short-term rental permit, the tenant's application
shall be signed by the landlord.
(4)
The form and content of the permit applications shall be as
determined from time to time by the Building Department and shall
contain such information and materials as the Building Department
deems necessary to determine the sufficiency of the application. Such
application shall contain, at a minimum:
(a)
Proof of receipt of New York State STAR Credit or STAR property
tax exemption for the short-term rental property;
(b)
Copy of utility bill in the applicant's name;
(c)
Property address; total number of rooms; location; number of
persons.
[1]
The property address;
[2]
The total number of dwelling units located within
the building;
[3]
The total number of bedrooms and bathrooms inside
the dwelling unit;
[4]
The total number of rooms proposed for short-term
rental use;
[5]
The location of each such dwelling unit or individual
bedroom within the building; and
[6]
The number of persons to be accommodated in each
room available for short-term rental use;
(d)
A signed and notarized certification in a form acceptable to
the Clerk by the applicant attesting to the fact that:
[1]
The applicant resides at the property and it is
the applicant's primary residence;
[2]
That the property is fit for human habitation and
safe;
[3]
That the applicant will comply with all of the
conditions and restrictions of the permit;
[4]
That no portion of the area used for short-term
rentals will utilize a cellar or attic, or any portion thereof, as
habitable space unless it meets the requirements of the International
Fire, Residential and Building Codes or successor law;
[5]
That the property is in compliance with all the
provisions of this article, the applicable provisions of the City
Code, the International Series of Codes and the New York State Code
Supplement; and
[6]
The required building permits and certificates
of occupancy are in place for all existing structures on the property
if applicable;
(e)
Such other information as the City may require to prove the
property is an occupied primary residence and safe for renters; and
(f)
If an applicant plans to rent the entire dwelling unit, the
short-term rental application shall include the name and contact information
of a responsible person with the right to enter and maintain possession
of the dwelling. Such responsible person must be available 24 hours
a day to respond in person to tenant and neighborhood concerns and
be capable of responding in person within two hours of notification
from the City.
(5)
All permits issued pursuant to this section shall be for a period
of two years and shall be renewable for subsequent two-year terms
upon application, conformance with this section and payment of the
permit fee.
(6)
If the information submitted as part of the permit application
changes at any time after submittal of the application, it is the
responsibility of the owner to submit such changes to the Building
Department in writing within 30 days of the occurrence of such change.
Failure to do so shall be deemed a violation of this section.
F.
Inspection. The property shall be inspected by the Building Department
at the time of the initial application and prior to any permit renewal,
to determine whether the property remains in compliance with the section
and all other applicable provisions of the City Code, the International
Series of Codes and New York State Code Supplement. If the Building
Inspector determines that the short-term rental space is not in compliance,
the owner shall cease use of the dwelling unit as a short-term rental
until all noncomplying elements have been corrected and the owner
shall apply for reinspection with the Building Department, subject
to an additional fee as set forth in the City Fee Schedule.
G.
Occupied primary residence. It shall be unlawful to use, establish,
maintain operate, occupy, rent or lease any property as a short-term
rental if the property is not an occupied primary residence. The property
used as a short-term rental shall be the primary residence of the
owner, tenant, grantor or grantee at all times during the term of
the permit.
H.
All short-term rentals shall comply with the following standards:
(1)
If a property owner or tenant is renting out the entire dwelling
unit, the property owner must engage the services of an agent with
the right to enter and maintain possession of the dwelling. This agent
must be available 24 hours a day to respond to tenant and neighborhood
concerns and be capable of responding within two hours of notification
from the City.
(2)
No owner shall offer or use any part of the property as a short-term
rental not approved for residential use, including but not limited
to, vehicles parked on the property, a storage shed, recreation room,
trailer, garage, or any temporary structure such as a tent.
(3)
A short-term rental property shall not be rented for any other
purpose, commercial or otherwise, not expressly permitted under this
section, such as concerts or weddings.
(4)
Short-term rental of an entire dwelling unit is limited to 100
days in any one calendar year. A rental day shall be deemed to mean
any day that the property is occupied for rental overnight. Upon request,
the property owner or tenant shall provide:
(a)
A statement from any/all short-term rental website platforms
used to advertise the short-term rental; such letter shall be provided
on the company's letterhead and shall indicate the number of rentals
for the entire dwelling unit that occurred within the year; and
(b)
A certified letter indicating the number of days the entire
dwelling unit was rented within the year through any short-term rental
website or other means.
(5)
If a property owner advertises their rental, the short-term
rental permit number must be included in the listing.
(6)
All guests are subject to the provisions of the Code of the
City of Beacon. The property owner or tenant is responsible for informing
each guest of these provisions.
I.
Presumptive evidence. The presence or existence of the following
shall create a rebuttable presumption that a property is being utilized
as a short-term rental:
J.
A list of all short-term rental units located in the City of Beacon
shall be maintained on the City's website, and a hard copy shall be
available for review in the City Building Department. Such list shall
be updated every six months.
K.
Revocation of a permit.
(1)
The grounds upon which a permit can be revoked shall include
but shall not be limited to:
(a)
The permit was issued in error, or issued in whole or in part
as a result of a false, untrue, or misleading statement on the permit
application or other document submitted for filing, including but
not limited to the schematic or certification;
(b)
A short-term rental permit has been issued and the owner or
tenant fails to continue to occupy the premises as his, her or their
primary residence;
(c)
Use of the property as a short-term rental creates a hazard
or public nuisance, threat to public safety or other condition which
negatively impacts the use and/or enjoyment of surrounding properties,
or threatens the peace and good order, or quality of life in the surrounding
community;
(d)
Failure to comply or violating the conditions of the permit;
(e)
Failure to comply or violating any federal, state, or local
law, regulation or rule.
(f)
Short-term rental permits for dwelling units located in multifamily
buildings may be revoked if the Police Department or Building Inspector
receives three substantiated written complaints in a twelve-month
period concerning the use of the premises as a short-term rental.
A written complaint can be substantiated by the Building Inspector
of the Police Department if it is a complaint regarding the violation
of a City law or ordinance and the complaint is supported by other
evidence, including a police report, photograph, or video.
(2)
Any permit issued pursuant to this section may be revoked or
suspended by the Building Inspector, after written notice to the owner.
Written notice shall be served by registered or certified mail, return
receipt requested, and by regular mail, to the applicant at the address
shown on the application. The notice shall describe the reasons why
the City is revoking the permit.
L.
Appeals.
(1)
Upon the denial, suspension or revocation of a permit, the applicant
may, within 15 business days from the date of the written notice,
file a request for a hearing before the Zoning Board of Appeals. Such
request shall be filed with the Zoning Board of Appeals' Secretary.
Notice of the date, place and time of the hearing shall be given in
writing by mail to the applicant at the address shown on the application.
In the event that demand for a hearing is not made within the prescribed
time or in the event that the applicant does not timely appear for
the hearing, the Building Inspector's decision shall be final and
conclusive.
(2)
The hearing shall commence no later than 30 days after the date
on which the request was filed.
(3)
The applicant shall be given an opportunity to present evidence
why such denial of application, or such suspension or revocation of
the permit, shall be modified or withdrawn. The Building Inspector
or his or her designated agent may also present evidence. Upon consideration
of the evidence presented, the Zoning Board of Appeals shall sustain,
modify or reverse the decision of the Building Inspector or his or
her designated agent.
(4)
In the event the applicant is not satisfied with the decision
of the Zoning Board of Appeals, such aggrieved party may file an Article
78 proceeding under the New York Civil Practice Law and Rules. The
Article 78 proceeding must be filed within 30 days of the filing of
the Zoning Board of Appeals' decision with the City Clerk of the City
of Beacon and service of the same upon the applicant.
M.
Violations. A violation of any provision of this chapter is an offense, punishable as provided for in § 1-3, General penalty. When a person has received written notice from the Building Inspector or has been served with a summons and complaint in an action to enjoin continuance of any violation, each day in excess of 10 days thereafter that he shall continue to be guilty of such violation shall constitute an additional, separate and distinct offense.
[1]
Editor's Note: This local law provided the following: "This
local law shall take effect on October 1, 2020. Any short-term rental,
as defined herein, in existence prior to October 1, 2020 shall have
until November 15, 2020, to file an application to obtain a short-term
rental permit. Any short-term rental existing prior to October 1,
2020 that (a) does not meet the definition of short-term rental or
(b) is a short-term rental, as defined, and does not file an application
by November 15, 2020 shall be deemed to be in violation of this local
law and subject to enforcement."
