The supplementary regulations in this Article are in addition to those of § 200-11, Schedule of Use Regulations,[1] and, unless otherwise indicated, shall apply in all zoning
districts.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
A.
Purpose. It is the specific purpose and intent of
this section of the chapter to allow an accessory apartment, by special
use permit, on one- and two-family dwelling lots and in appropriate
commercial structures in all districts that allow such structures
as permitted principal uses and to provide the opportunity and encouragement
for the development of a variety of rental housing units. Furthermore,
it is the purpose and intent of this provision to provide economic
support for homeowners of limited income and to further the goals
of the Town Master Plan by providing options for affordable housing.
B.
Districts. Accessory apartments, as defined in Article II, are permitted in the A5A, A3A, R2A, HA and HB Zoning Districts in conformance with this and all other applicable sections of this chapter.
[Amended 6-11-2003 by L.L. No. 1-2003]
C.
Owner occupancy. The principal residential structure
to which the accessory apartment is to be subordinate must be occupied,
at the time of application, as the principal residence of the record
owner of title as evidenced by a deed recorded in the office of the
Clerk of Dutchess County. Where an accessory apartment is to be located
within a permitted commercial structure, or in a separate accessory
structure on the same lot as the commercial structure, the owner of
the structure in which the apartment is to be built shall also be
the principal proprietor of the business located within the commercial
structure. No proprietor who is not also the owner of the commercial
structure may apply for or rent an accessory apartment.
[Amended 10-20-2014 by L.L. No. 6-2014]
D.
Floor area. The minimum floor area of an accessory
apartment shall be 300 square feet, but in no case shall the floor
area of an accessory apartment within a principal dwelling or commercial
structure exceed 25% of the total floor area of that building or 900
square feet, whichever is less, unless, in the opinion of the Zoning
Board of Appeals, through the special permit review process, a greater
or lesser amount of floor area is warranted by the characteristics
of the particular neighborhood building, lot or circumstances of the
case.
E.
Eligible structures. All one-family dwellings, any
two-family dwelling with a valid special use permit for that use,
any conforming accessory structure, and any conforming commercial
structure shall be eligible for this special use permit whether existing
or newly constructed. A detached accessory apartment shall not exceed
75% of the primary dwelling or 2,000 square feet, whichever is less.
The detached accessory apartment must remain on the same building
lot as the primary dwelling or commercial structure.
[Amended 5-21-2012 by L.L. No. 3-2012; 10-20-2014 by L.L. No.
6-2014]
F.
Building integrity. Where a legal accessory apartment
is to be added to an existing structure, the original character and
appearance of the structure in which the legal accessory apartment
is to be located shall be maintained to the greatest extent possible.
G.
Expansion of existing structure. An accessory apartment
shall be permitted only within an existing one- or two-family dwelling,
an existing building accessory to a one- or two-family dwelling or
built on the same foundation as a one- or two-family dwelling or conforming
commercial structure, and not on any separate foundation. Additions
to an existing building to accommodate an accessory apartment shall
increase neither the floor area of the building nor the lot coverage
of the building by more than 10%.
H.
Lot size. The minimum lot size for the principal dwelling
or commercial structure and a specially permitted accessory apartment
shall conform to the requirements for a one- or two-family dwelling
in the zoning district in which the building or buildings are located
unless variances are granted for any nonconforming conditions. Buildings
not meeting the minimum bulk and area requirements for the district
or that are otherwise nonconforming shall not be eligible for a special
use permit under the provisions of this section unless variances are
granted for any nonconforming conditions.
[Amended 10-12-2004 by L.L. No. 8-2004]
I.
Number of dwelling units per lot. Only one accessory
apartment per lot shall be permitted. A special use permit for an
accessory apartment shall not be issued for a lot where the principal
dwelling is other than a permitted one- or two-family dwelling or
conforming commercial structure or where a permit for an ECHO unit
or other type of specially permitted housing unit is in place. The
issuance of a special use permit for an accessory apartment shall
not result in the creation of more than three dwelling units on any
one lot or, in the case of a commercial structures, the creation of
more than one dwelling unit per lot.
J.
Parking. One off-street parking space in conformance with § 200-38, Off-street parking and loading, shall be provided for the accessory apartment. However, the Planning Board may require one additional parking space where circumstances warrant. The parking space(s) provided for the accessory apartment are exclusive of the parking requirements for the principal dwelling or commercial structure.
K.
Adequacy of infrastructure. The Zoning Board of Appeals
may seek the input of the Dutchess County Health Department in determining
whether the sewer and water facilities on the site where the accessory
apartment is to be located are adequate or contain natural resource
constraints to the expansion of such facilities or where the additional
occupancy will cause a greater burden on such systems than they were
designed to accommodate. Failure to promptly correct any water quality
or sewage system problem shall result in revocation of the special
use permit. No special use permit shall be granted in any case where
the Dutchess County Health Department has determined that the water
or sewage system serving the principal dwelling or commercial structure
is for any reason not capable of handling the additional demand that
the accessory unit would impose on it when the water and sewer facilities
are to be shared with the principal dwelling unit. Board of Health
approval shall be required for separate water and sewer facilities
if the accessory dwelling unit will be served by a separate facility
from the principal dwelling unit.
[Amended 5-21-2012 by L.L. No. 3-2012]
L.
Construction. The accessory apartment shall be constructed
in accordance with all applicable laws, regulations, codes and ordinances,
including the New York State Uniform Fire Prevention and Building
Code.
M.
Application procedure. Application for a special use permit for an accessory apartment shall be made to the Zoning Board of Appeals in accordance with the standards and procedures set forth in Article VIII, Special Use Permits. All special use permits shall be issued to individuals, not structures, and are subject to the following additional provisions:
(1)
Materials to assist the Zoning Board of Appeals in
reviewing an application for a special use permit shall include a
floor plan of the existing building and proposed accessory apartment,
a survey or other appropriate drawing or document showing the location
and size of the existing and proposed septic system and well and the
structures on the lot, both as they exist and as they would appear
with the accessory apartment.
(2)
In determining whether to grant the application, the Zoning Board of Appeals shall consider the following factors, in addition to those described in Article VIII, Special Use Permits:
(a)
Whether the use will be in harmony with and
promote the general purpose of this provision of this chapter.
(b)
Whether the use will have a detrimental effect
on the surrounding neighborhood and its property values.
(c)
Whether the use will foster the most appropriate
use of the land.
(d)
Whether the lot area is sufficient, appropriate
and adequate for the use, particularly with regard to septic system
and water requirements.
(e)
Whether the application is consistent with the
Town Master Plan.
N.
Revocation of special use permit. A special use permit
for an accessory apartment may be revoked by the Zoning Board of Appeals
after notice and a public hearing, if:
(1)
It shall reasonably appear to the Zoning Board of
Appeals that the accessory apartment is not in compliance with applicable
laws, regulations, codes, ordinances or special permit conditions;
or
(2)
Any lawful inspection of the accessory apartment by
the Building Inspector or Zoning Enforcement Officer is refused or
prevented by the owner.
O.
Existing accessory apartments. All owners of existing accessory apartments not created in compliance with this chapter shall apply for a special use permit within 12 months of the effective date of this chapter. If application is not made within this period, the owner shall be in violation of this chapter and shall be subject to the penalties provided in § 200-55.
P.
Transfer of title. Within 60 days after the transfer of title to premises for which a special use permit has been granted for an accessory apartment, the Zoning Enforcement Officer or Building Inspector shall inspect the premises to determine that the principal residential structure is occupied in accordance with Subsections A through L of this section of this chapter. The Town Tax Assessor shall provide the Zoning Enforcement Officer with notification of transfer of title within 10 days of receipt of such notification. If an owner or occupant refuses permission to the Zoning Enforcement Officer or Building Inspector to inspect the principal dwelling and the accessory apartment established pursuant to this section, or if the Zoning Enforcement Officer determines that all of the applicable provisions of the special use permit have not been complied with, the Zoning Enforcement Officer shall serve a written notice upon the owner or occupant setting forth the conditions found to be in violation and allowing a reasonable time for the owner or occupant to comply. If the owner or occupant fails to comply within the time allowed or if the Zoning Enforcement Officer shall determine that the principal residential structure is not the actual residence of the owner, the Zoning Board of Appeals shall revoke the special use permit and direct that the accessory apartment created pursuant to this chapter be vacated, and the use of the accessory apartment created pursuant to this subsection shall be discontinued.
A.
Accessory structures and buildings, as defined in Article II of this chapter, which are not attached to a principal structure, may be erected in accordance with the following requirements:
(1)
An accessory structure or building may be located in the side or rear yard of the lot as long as it is not within 10 feet of an operative septic tank and/or leach field and is in conformance with all other requirements of § 200-12, Schedule of Area and Bulk Regulations.
[Amended 4-22-1996 by L.L. No. 1-1996]
(2)
No accessory structure or building shall be located closer to the street than the front yard setback required for a principal building in the district in which such accessory structure or building may be located or in front of the front building line, whichever is the greater setback, unless the accessory structure is to be located in a residential district and is granted an area variance by the Zoning Board of Appeals after considering the impact of such accessory structure using the criteria established in § 200-60F(2). However, no variance shall be required to place an accessory structure or building closer to the street as long as the front setback for the district is maintained.
[Amended 2-14-2005 by L.L. No. 1-2005; 8-16-2021 by L.L. No. 1-2022]
(3)
For corner lots, the setback from the side street
shall be the same for accessory structures and buildings as for principal
buildings.
B.
When an accessory structure or building is attached
to the principal building, it shall comply in all respects with the
yard requirements of this chapter applicable to the principal building
unless variances are granted for nonconforming yard setbacks.
[Amended 10-12-2004 by L.L. No. 8-2004]
C.
Accessory uses, buildings and structures are permitted
in the zoning districts in accordance with the following:
(1)
Very Low-Density Agricultural District (A5A).
[Amended 6-11-2003 by L.L. No. 1-2003]
(b)
Accessory buildings and structures customarily
associated with the permitted principal uses of dwellings, buildings
and other structures.
(c)
Between the yards of a dwelling or farmhouse,
outdoor storage of not more than one each of the following: boat,
boat trailer, camp/travel trailer, cargo trailer.
(d)
Between the yards of a dwelling or farmhouse,
a private garage or open parking for operative passenger vehicles
of a person residing or visiting on the premises.
(e)
Between the yards of a dwelling or farmhouse,
playhouse, toolshed or garden shed.
(f)
Between the yards of a dwelling or farmhouse, a private swimming pool not operated for gain, subject to the additional provisions of § 200-46.
(g)
On a farm, open or closed storage of machinery
or vehicles customarily associated with farming operation. This, however,
shall not be construed to permit the establishment of a junkyard.
[Amended 4-22-1996 by L.L. No. 1-1996]
(2)
Agricultural District (A3A).
(b)
Accessory buildings and structures customarily
associated with the permitted principal uses of dwellings, buildings
and other structures.
(c)
Between the yards of a dwelling or farmhouse,
outdoor storage of not more than one of each of the following: boat,
boat trailer, camp/travel trailer or cargo trailer.
(d)
Between the yards of dwelling or farmhouse,
a private garage or open parking for operative passenger vehicles
of a person residing or visiting on the premises.
(e)
Between the yards of a dwelling or farmhouse,
playhouse, tool shed or garden shed.
(f)
Between the yards of a dwelling or farmhouse, a private swimming pool not operated for gain, subject to the additional provisions of § 200-46.
(g)
On a farm, open or closed storage of machinery
or vehicles customarily associated with farming operations. This,
however, shall not be construed to permit the establishment of a junkyard.
[Amended 4-22-1996 by L.L. No. 1-1996]
(3)
Low-Density Residential District (R2A).
(b)
Accessory building customarily associated with
agriculture on a site of not less than three acres. This shall not
be construed to include buildings housing animals or fowl or in any
other way accessory to animal husbandry.
(c)
Between the yards of a one-family dwelling,
outdoor storage of not more than one of each of the following: boat,
boat trailer, camp/travel trailer or cargo trailer.
(d)
Between the yards of a one-family dwelling,
a private garage or open parking for operative passenger vehicles
of a person residing or visiting on the premises.
(e)
Between the yards of a one-family dwelling,
a playhouse, toolshed or garden shed.
(4)
Highway Business District (HB).
(b)
Accessory buildings and structures customarily
associated with the principal permitted use.
A.
Purpose. It is the intent of the Town of Milan to permit alternative care housing, as defined in Article II, in order to provide housing opportunities for those members of the community who are unable to live independently. It is the further purpose of this section to:
(1)
Achieve the integration of alternative care housing
residents into the community.
(2)
Achieve a well-balanced population through the provision
of many kinds of housing options.
(3)
Promote a development pattern in harmony with the
objectives of the Town's Master Plan.
(4)
Control design in such a way as to preserve neighborhood
character, promote comprehensive land use planning and protect property
values.
B.
Districts. Alternative care housing, as defined in Article II, shall be permitted in the A5A, A3A and R2A Zoning Districts.
[Amended 6-11-2003 by L.L. No. 1-2003]
C.
Standards. Alternative care housing (ACH) shall conform
to all requirements for a single-family dwelling in the zoning district
in which the ACH is located. All ACH facilities shall comply in all
ways with New York State Mental Hygiene Law and any other applicable
local, state or federal laws. In addition, an alternate care housing
facility shall comply with the following standards:
(1)
An alternative care housing facility, when complete
and occupied, shall not result in the substantial alteration of the
nature and character of the area in which the alternative care housing
facility is to be located.
(2)
All alternative care housing facilities shall be similar
in appearance to a single-family residence permitted on the site.
Alternative care housing facilities shall comply with all lighting
and signage requirements as they apply to single-family dwellings.
(3)
All alternative care housing facilities and any dwelling
units contained therein, shall comply in all ways with the New York
State Uniform Building and Fire Code, and shall be subject to the
approval of the Dutchess County Health Department.
(4)
An area of sufficient size on the lot on which the
alternative care housing is located should be reserved to accommodate
additional off-street parking where it is determined that such off-street
parking is required.
(5)
Alternative care housing facilities intended to house
more than 14 residents, exclusive of staff members, are discouraged.
D.
Procedures.
(1)
Applicants for potential ACH projects are advised to seek input from the Town Board prior to site selection and formal notification. The Town Board shall use the standards outlined in Subsection C above in determining the appropriateness of a site. Site selection shall be governed by the procedures and standards outlined in the New York Mental Hygiene Law § 41.34; however, the Town Board or other authorized official may seek the advice of the Planning Board or other appropriate body prior to rendering an opinion on a proposed site. Any response to a request for site selection approval shall be made within 40 days, unless an extension is granted by the sponsoring agency.
(2)
Where a separate dwelling unit is proposed in conjunction with an ACH facility, such dwelling unit shall be subject to the standards and procedures of § 200-17, Accessory apartments.
(3)
No certificate of occupancy shall be issued prior
to an applicant's full compliance with the licensing procedures of
the County and State Department of Mental Hygiene, Department of Social
Services and the Board of Social Welfare, or any other appropriate
County, state or federal agency.
(4)
Nothing in this section shall be deemed to permit
the construction, alteration or modification of any structure without
first obtaining appropriate building permits.
A.
The following shall apply in addition to all other
regulations with respect to bed-and-breakfast dwellings:
(1)
A bed-and-breakfast shall be limited to two structures
affording overnight accommodations and limited food services to guests,
and one of which structures shall be the actual residence of the property
owner/applicant.
[Amended 10-20-2014 by L.L. No. 6-2014]
(2)
Bed-and-breakfast dwellings shall be owner-occupied
and limited to five guest rooms for transient occupancy.
(3)
The proprietor of the bed-and-breakfast may serve
breakfast meals to guests. However, a public dining room and bar are
expressly prohibited.
[Amended 10-20-2014 by L.L. No. 6-2014]
(4)
A freestanding or wall mounted sign, visible from
the adjacent road, but no larger than two square feet in area, may
be used to identify the bed-and-breakfast operation. The sign may
also be used to identify the name and logo of any national or regional
bed-and-breakfast association or travel reservation service with which
the operation is affiliated.
(5)
No parking lots or parking areas shall be located
closer than 20 feet to any residential property line.
(6)
The dwelling or dwellings shall comply with all applicable
bulk regulations and other provision of this chapter.
[Amended 10-20-2014 by L.L. No. 6-2014]
[Added 12-11-2000 by L.L. No. 3-2000; amended 10-8-2001 by L.L. No. 4-2001; 1-28-2002 by L.L. No. 1-2002]
A.
Purpose.
(1)
The purpose of this section is to regulate the location,
design, and use of wireless communications facilities in order to:
(a)
Protect the health, safety, and general welfare
of residents of the Town of Milan.
(b)
Establish predictable and balanced regulations
for the siting and screening of wireless communications facilities
in order to accommodate the growth of communications services within
the Town.
(c)
Maximize the use of existing towers, tall buildings
and other high structures to reduce the number of new towers needed
to serve the community.
(d)
Avoid potential damage to adjacent properties
from tower failure through structural standards and setback requirements.
(e)
Ensure harmony and compatibility with surrounding
land use patterns.
(f)
Protect the historic rural character, natural
features and irreplaceable scenic qualities of the Town with special
attention to open space, mountain ridges, recreation areas, scenic
roads, viewsheds and historic sites, through careful design, siting,
landscaping, screening and innovative camouflaging techniques.
(2)
These regulations are not intended to prohibit or
have the effect of prohibiting the provision of personal wireless
services, nor shall they be used to discriminate among providers of
functionally equivalent services, consistent with federal regulations.
B.
District regulations.
(1)
Use regulations. These regulations govern the installation
and/or use of all wireless communications facilities as defined herein.
Any proposed user of wireless communications facilities shall be an
FCC-licensed provider of wireless communications facilities and must
obtain site plan approval and/or a special use permit, whether or
not they will install and own the facilities. The construction of
a wireless communications facility shall require a building permit
in all cases.
[Amended 6-11-2003 by L.L. No. 1-2003]
(a)
Permitted uses: existing structures. A wireless communications facility may be permitted to locate on any existing radio or television transmission tower, guyed tower, lattice tower, monopole, fire tower, water tower, clock tower, bell tower, cross tower, flagpole, road sign, steeple, chimney, silo or other innovative use of appropriate existing structures (as determined by the Planning Board), provided that there is no increase in the height of the existing structure as a result of the installation of the facility. Use of radio or television transmission towers, guyed towers, lattice towers, monopoles, or fire towers shall not require a special use permit, unless the use of such tower has been discontinued for a period of one year or more, in which case § 200-21B(1)(d) shall apply. In all cases, site plan approval by the Planning Board is required for the use of existing structures in accordance with § 200-66 of this chapter.
(b)
Permitted uses: existing buildings. A wireless communications facility may be permitted to locate on any existing building, with the exception of a designated historic structure, provided that the installation of the new facility does not increase the height of the existing building by more than 10 feet. Such installations shall not require a special use permit but will require site plan approval by the Planning Board in accordance with § 200-66 of this chapter.
(c)
Permitted uses: existing utility structures. A wireless communications facility may be permitted to locate on any existing electric utility transmission and distribution tower, telephone pole and similar existing utility structure, provided that the installation of the new facility does not increase the height of the existing structure by more than 20 feet. These facilities may locate in all areas of the Town where they are permitted or specially permitted by Table A, Schedule of Use Regulations, of this chapter, except within 500 feet of a designated historic structure or within 250 feet of the right-of-way of any scenic road as identified in the Town of Milan Comprehensive Plan. Such facilities may locate within 250 feet of the right-of-way of any scenic road, as identified in the Town of Milan Comprehensive Plan, provided the new facility does not increase the height of the existing structure. Such installations shall not require a special use permit but will require site plan approval by the Planning Board in accordance with § 200-66.
(d)
Special use permit. A wireless communications facility involving construction of one or more ground-mounts shall require a special use permit. A special use permit may be granted, provided that the proposed use complies with the height, setback, and other requirements of this chapter, the special use permit regulations set forth in Article VIII, is placed to minimize visual and aesthetic impacts, and is placed on the side slope of terrain so that, as much as possible, the top of the tower does not protrude over the ridgeline. The Town of Milan defines the placement, construction, and modification of a wireless communications facility requiring a special use permit as a Type I action under the New York State Environmental Quality Review Act (SEQR).[2]
[1]
If an applicant for a special use permit proposes
a wireless communications facility which does not meet all dimensional
requirements of the Town of Milan Zoning Law, including height, area
and bulk regulations, the applicant may, at any point in the review
process, apply for an area variance from the Zoning Board of Appeals.
[2]
New wireless communications facilities requiring
a special use permit shall be prohibited from locating:
[a]
Inside or within 500 feet of a hamlet zoning district, unless the provider can demonstrate that adequate coverage cannot be provided by locating such facilities in zoning districts where the use is permitted and only when such facility is fully camouflaged by design (stealth technology) in accordance with § 200-23D(1).
[b]
Inside or within 500 feet of a
special overlay district, unless such overlay district specifically
provides for regulations governing the siting of wireless communications
facilities.
[c]
Inside or within 500 feet of a
critical environmental area, as designated under the State Environmental
Quality Review Act (SEQR).
[3]
It shall be the responsibility of the holder
of the special permit to inform the Town of Milan of any change in
or termination of contractual agreements which affect the special
use permit within 30 days of such change. Any material change in the
conditions under which a special use permit was granted shall result
in the immediate termination of the special use permit unless agreement
has been obtained from the Planning Board prior to the change. These
material changes include but are not limited to:
[a]
Changes in supporting structures
(such as towers), accessory buildings or access roads.
[b]
A change in ownership of the facility
or the property on which the facility is installed shall require notification
to the Zoning Enforcement Officer by the holder of the special use
permit hut will not terminate such permit.
[c]
Cessation of use by the FCC-licensed
carrier which has a special use permit for use of the facility.
[d]
A change in the FCC-licensed user
of the specially permitted facility. Nothing herein shall prohibit
another FCC-licensed carrier from using the facility so long as that
carrier provides evidence of need to use that facility and acquires
a special use permit under this chapter.
[e]
Loss of the user's FCC-license
to provide commercial communications services within the Town of Milan.
[f]
Violation of the Town of Milan
Zoning Law, on or with regard to the facility by the holder(s) of
the special use permit or the owner of the land on which the facility
is installed.
[2]
Editor's Note: See Article 8 of the New York
State Environmental Conservation Law.
(2)
Location. Wireless communications facilities shall
only be located, upon the grant of site plan approval and, as applicable,
a special use permit, on property which allows wireless communications
facilities as set forth in Table A,[3] Schedule of Use Regulations, of this chapter. Applicants
seeking approval for wireless communications facilities shall comply
with the following:
(a)
New wireless communications facilities shall
be located on existing structures, including but not limited to buildings,
water towers, existing communications facilities, silos, utility poles
and towers, and related facilities, provided that such installation
preserves the character and integrity of those structures. In particular,
applicants are urged to consider use of existing telephone and electric
utility structures as sites for one or more wireless communications
facilities. If an existing tower or other structure is not feasible,
the applicant shall have the burden of proving that there are no feasible
existing structures on which to locate.
(b)
If the applicant clearly proves that it is not feasible to locate on an existing structure, wireless communications facilities shall be designed so as to be camouflaged to the greatest extent possible, including hut not limited to the use of compatible building materials and colors, screening, landscaping, placement within trees, and the use of stealth technology to disguise the facility as specified in § 200-21D(1)(a)[2] and as determined by the Planning Board.
(c)
The applicant must submit documentation of the
legal right to install and use the proposed facility mount at the
time of application for site plan approval amid/or special use permit.
[Amended 4-18-2022 by L.L. No. 5-2022]
[1]
Authorization from the owner of property on which any wireless
communications facility will be installed shall be provided verifying
the granting of access and permission for the installation of all
equipment and facilities on property.
[2]
Certification of a licensed professional engineer that any supporting
poles and foundation are properly sized and have sufficient strength
to accommodate the equipment structural loads, including, but not
limited to, weight, wind, ice and seismic activities in accordance
with the NYS Building Code.
[3]
Editor's Note: Table A is located at the end
of this chapter.
(3)
Dimensional requirements. Wireless communications
facilities shall comply with the following requirements:
(a)
Height. The total height of any mount or accessory
elements attached to any structure shall be measured from the ground
level to the top of the mount or the top of the uppermost accessory
affixed to the mount, whichever is higher. Maximum height of a wireless
communications facility is limited to 80 feet above ground level (AGL)
in cleared areas where there are less than 20 trees within 100 feet
surrounding the proposed location. If there are at least 20 trees
within 100 feet surrounding the proposed location, the total height
of the proposed facility shall be limited to 25 feet above the average
tree canopy, or 100 feet, whichever is lower.
(b)
Height variance. The Zoning Board of Appeals may allow wireless communications facilities up to 150 feet if an independent radio frequency consultant determines that adequate coverage would not be provided by a tower of lesser height and if the applicant can demonstrate that, based upon topography of the site and surrounding area, siting of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening, that off-site views of the facility will be de minimis. The height limitation is waived when the antenna is mounted on an existing structure or building and is completely camouflaged, or is located on an existing utility structure. Applicants may be required to achieve coverage objectives by using multiple existing or new structures rather than taller structures, which shall not exceed the height limitations in § 200-21B(3)(a).
(c)
Setbacks. All wireless communications facilities
and their equipment shelters shall comply with the building setback
provisions of the zoning district in which the facility is located.
In addition, the following setbacks shall be observed:
[1]
To ensure public safety, the minimum distance
from the base of any ground-mounted wireless communications facility
to any property line, road, habitable dwelling, business or institutional
use, accessory structure, or public recreation area shall be the height
of the facility/mount, including any antennas or other appurtenances.
This setback is considered the fall zone. Additional setbacks may
be required by the Planning Board to provide for the public safety.
[2]
In the event that an existing structure or building
is proposed as a mount for a wireless communications facility, a fall
zone shall not be required unless the Planning Board finds that a
substantially better design will result from an increased setback.
In making such a finding, the Planning Board shall consider both the
visual and safety impacts of the proposed use.
(d)
All cables shall be concealed either within the canister antenna
or within a sleeve between the antenna and the supporting pole.
[Added 4-18-2022 by L.L. No. 5-2022]
C.
Performance standards. All wireless communications
facilities shall comply with the performance standards set forth in
this section.
(1)
Camouflage. Wireless communications facilities shall
be the least obtrusive and the most appropriate to the proposed site,
as determined by the Planning Board.
(a)
All wireless communications facilities shall
be designed to blend into the surrounding environment through the
use of design and color except in such instances where color is dictated
by federal or state authorities such as the Federal Aviation Administration.
(b)
A wireless communications facility which is
roof-mounted on a building shall be concealed within or behind existing
architectural features to limit its visibility from public ways and
shall be stepped back from the front facade in order to limit its
impact on the building's silhouette.
(c)
A wireless communications facility which is
side-mounted on a building shall be painted or constructed of materials
to match the color of the building material directly behind it.
(d)
The Planning Board may require the use of stealth technology to camouflage ground-mounts, as specified in § 200-21D(1)(a)[2], where appropriate.
(2)
Lighting. Wireless communications facilities shall
not be artificially lighted or display strobe lights unless required
by the Federal Aviation Administration (FAA) or other applicable authority.
(3)
Noise. Roof-mounted or side-mounted equipment for
wireless communications facilities shall not generate noise in excess
of 50 dB at ground level at the base of the building closest to the
antenna, including standby power generation equipment.
(4)
Radio frequency radiation (RFR) standards. All equipment
proposed for a wireless communications facility shall be authorized
per the FCC Guidelines for Evaluating the Environmental Effects of
Radio-Frequency Radiation (FCC Guidelines). The owner of the facility
shall submit evidence of compliance with the FCC standards on a yearly
basis to the Town Board. If new, more restrictive standards are adopted
by any appropriate federal or state agency, the facility shall be
made to comply or the Planning Board may restrict continued operations.
The cost of verification of compliance shall be borne by the owner
and/or operator of the facility.
(5)
In
the event that installation of a proposed wireless communications
facility requires disturbance to surrounding land, the applicant shall
be responsible for restoring the site to its original condition.
[Added 4-18-2022 by L.L. No. 5-2022]
D.
Special use permit regulations. All wireless communications facilities requiring a special use permit shall comply with the regulations set forth in this section, in addition to those found in § 200-61.
(1)
Design standards.
(a)
Camouflage. Wireless communications facilities
shall be camouflaged by vegetation and/or design as follows:
[1]
Camouflage by vegetation. If wireless communications
facilities are not camouflaged from public viewing by existing buildings
or structures, they shall be surrounded by buffers of dense tree growth
and understory vegetation in all directions to create an effective
year-round visual buffer. Ground-mounted wireless communications facilities
shall provide a vegetative buffer of sufficient height and depth to
effectively screen the entire facility. Trees and vegetation may be
existing on the subject property or installed as part of the proposed
facility or a combination of both. The Planning Board shall determine
the types of trees and plant materials and depth of the needed buffer
based on site conditions. Such buffer shall be maintained in a healthy
state or replaced as necessary to provide continuing camouflaging.
[2]
Camouflage by design. To the extent that any
wireless communications facility extends above the height of the vegetation
immediately surrounding it, the facility shall be camouflaged by design
to minimize the adverse visual and aesthetic impact unless otherwise
required by the Planning Board. Wireless communications facilities
shall be camouflaged to resemble or mimic a native coniferous species
of tree such as Balsam fir, Canadian hemlock, or Colorado blue spruce,
among others, or by other means such as new construction of a silo,
flagpole, clock tower, bell tower, cross tower, steeple or other innovative
replication of a structure that would be consistent with the character
of the community as determined by the Planning Board.
(b)
Lighting. Wireless communications facilities
shall not be artificially lighted or display strobe lights unless
required by the Federal Aviation Administration (FAA) or other applicable
authority. Security lighting of equipment structures and other facilities
on site shall be shielded from abutting properties. There shall be
total cutoff of all such light at the property lines of the parcel
to be developed, and footcandle measurements at the property line
shall be 0.0 initial footcandles when measured at grade.
(c)
Signs.
[1]
Signs shall be limited to those needed to identify
the property and the owner and warn of any danger. No advertising
is permitted anywhere on the facility, with the exception of the identification
signage. All signs shall comply with the requirements of the Town's
sign regulations.
[2]
All ground-mounted wireless communications facilities
shall be surrounded by a security barrier, which shall be posted with
no trespassing signs. A twenty-four-hour emergency telephone number,
containing the facility operator's or manager's name, shall be posted
adjacent to the entry gate. If high voltage is necessary for the operation
of equipment within the facility, signs shall be posted stating "Danger--High
Voltage."
(d)
Equipment shelters. Equipment shelters for wireless
communications facilities shall be designed consistent with one of
the following standards:
[1]
Equipment shelters shall be located in underground
vaults; or
[2]
Equipment shelters shall be designed to be architecturally
compatible, both in style and materials, with principal structures
on the site, as determined by the Planning Board; or
[3]
Equipment shelters shall be camouflaged behind
an effective year-round landscape buffer equal to the height of the
proposed building. The Planning Board shall determine the types of
plant materials and depth of the needed buffer based on site conditions.
Such buffer shall be maintained in a healthy state or replaced as
necessary to provide continuing camouflaging.
(e)
Accessory structures. Accessory structures for
wireless communications facilities shall be permitted if the structures
are constructed for the sole and exclusive use and operation of the
communications facility, are the minimum size necessary to meet the
needs of the specific site, and meet the following requirements:
[1]
Accessory structures may not include office,
long-term vehicle storage, other outdoor storage or other uses that
are not needed to send or receive wireless communications transmissions.
[2]
Accessory structures must be less than 500 square
feet and 15 feet in height.
[3]
Accessory structures must be camouflaged behind
an effective year-round landscape buffer equal in height of the proposed
structure. Such buffer shall be maintained in a healthy state or replaced
as necessary to provide continuing camouflaging.
[4]
In residential zones, the use of compatible
building materials such as wood, brick or stucco is required for all
accessory structures, which shall be designed to architecturally match
the exterior of residential structures in the neighborhood, as determined
by the Planning Board. In no case will metal siding be allowed for
accessory structures.
(f)
Scenic landscapes and vistas. Wireless communications facilities that are not camouflaged shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required in § 200-21D(1)(a)[2], all ground-mounted wireless communications facilities shall be surrounded by a buffer of dense tree growth or shall be camouflaged by design to minimize adverse visual and aesthetic impacts.
(g)
Utility service lines. All electric power supply
and telephone service lines to new towers and accompanying facilities
shall be installed underground from the existing power source.
(h)
Access and parking.
[1]
A road and parking plan shall be provided to
ensure adequate emergency and service access and shall meet the requirements
of the Planning Board. Any driveway shall meet the requirements of
the Planning Board and the highway authority for the road on which
the driveway fronts.
[2]
Maximum use of existing public and private roads
shall be made consistent with safety and aesthetic considerations.
[3]
Road construction shall minimize ground and
vegetation disturbance. Road grades shall follow natural contours
to reduce soil erosion potential and to ensure that roads are aesthetically
compatible with the character of the surrounding area.
[4]
The Planning Board may require an erosion and
sedimentation control plan and may refer the site plan to the Dutchess
County Soil and Water Conservation District, Town Engineer, and/or
Town Planner for review.
[5]
Unpaved roads shall be considered unless conditions
require paving, as determined by the Planning Board, in consultation
with the appropriate authorities or consultants.
(i)
Maintenance, testing and inspection.
[1]
The original appearance of the exteriors of
all towers, accessory buildings and any other structures must be retained
through regular maintenance by the applicant.
[2]
Before commercial transmission begins, the applicant
shall acquire certification by a licensed professional engineer that
the facility will not exceed the maximum permissible exposure limits
for the level of electromagnetic radiation using standards in accordance
with the FCC Guidelines.
(j)
Removal of facilities.
[1]
Towers and antennas shall be removed if the
owner's or user's special use permit for these facilities has expired
or been terminated or if the facilities are no longer being used by
the FCC licensee. Towers and antennas shall be removed if there is
not at least one operator with a valid special permit using the tower.
Potential or planned future use of any facility for commercial communications
service is not sufficient to avoid the requirement for removal.
[2]
If the removal of towers and antennas is required,
accessory buildings and other structures shall also be removed unless:
[3]
Each applicant seeking a special use permit
for a wireless communications facility shall provide a written contract
with the Town of Milan agreeing to be fully responsible for removal,
and indemnifying the Town for the costs of removal, of antennas, accessory
buildings and supporting structures, such as towers, when removal
is required by the Town of Milan Zoning Law.
[4]
If a proposed wireless communications facility
will be owned by an entity other than an FCC-licensed carrier which
will use that facility, the carrier shall provide to the Planning
Board a copy of a contract between the facility owner and the FCC-licensed
carrier in which the owner agrees to remove the facility, including
any tower, antennas and accessory structures, and indemnify the Town
for the costs of such removal, when these facilities are no longer
being used by an FCC-licensed operator with a valid Town of Milan
special use permit.
[5]
A decision to require removal shall be the responsibility
of the Planning Board after consulting with the Zoning Enforcement
Officer and the Town Attorney. Removal shall occur within 90 days
of the Planning Board's decision to require removal unless the Planning
Board has agreed to an extension of that time. If not removed within
the designated period, the Town shall have the right to compel removal,
with all costs to be borne by the special permit holder who owns and/or
previously used the facilities. Removal costs may also be recovered
from the owner of the tax parcel on which the facilities are located.
[6]
When towers are removed, site reclamation shall
be completed to the satisfaction of the Planning Board within 180
days of structure removal. Reclamation shall include landscaping,
removal of structures, utility lines and accessory structures and
shall encompass the building site and buffer area controlled by the
facility owner.
(k)
Bonding. Before obtaining or renewing a special
use permit, the applicant shall provide financial surety in an amount
acceptable to the Town Board (in consultation with the Planning Board
and the Attorney for the Town) to ensure full and complete performance
of all conditions imposed by the Planning Board as a requirement of
the special use permit.
(2)
Environmental standards.
(a)
Wireless communications facilities shall not
be located in wetlands or in regulated wetland buffer areas, in endangered
or threatened species habitats, water bodies, historic or archaeological
sites.
(b)
No hazardous waste shall be discharged on the
site of any wireless communications facility. If any hazardous materials
are to be used on site, there shall be provisions for full containment
of such materials. An enclosed containment area shall be provided
with a sealed floor, designed to contain at least 110% of the volume
of the hazardous materials stored or used on the site.
(c)
If applicable, additional stormwater runoff
generated by the use shall be contained on site.
(d)
Ground-mounted equipment for wireless communications
facilities shall not generate noise in excess of 50 dB at the property
line, including standby power generation equipment.
(3)
Safety standards.
(a)
Radio frequency radiation (RFR) standards. All
equipment proposed for a wireless communications facility shall be
authorized per the FCC Guidelines. The owner of the facility shall
submit evidence of compliance with the FCC Guidelines on a yearly
basis to the Planning Board. If new, more restrictive, standards are
adopted by any appropriate federal or state agency, the facility shall
be made to comply or continued operations may be restricted by the
Planning Board. The cost of verification of compliance shall be borne
by the owner and operator of the facility.
(b)
Security barrier. All wireless communications
facilities shall be provided with security measures such as fencing,
anti-climbing devices, electronic monitoring, or other methods sufficient
to prevent unauthorized entry and vandalism. Fencing shall include
a locking security gate. Electrified fence, barbed or razor wire shall
be prohibited. Chain-link fencing shall include the use of screening
slats of an earth-tone color.
(c)
Structural soundness and fall zone. Wireless
communications facilities shall be designed by a licensed professional
engineer to withstand overturning and failure. In the event of failure,
facilities shall be designed so that they will fall within the setback
area of the site and/or away from adjacent residential properties.
The Planning Board shall require a foundation design and certificate
of safety from the carrier to document structural soundness.
E.
Application procedures.
(1)
The Planning Board is authorized to review and approve, approve with modifications, or disapprove site plans and special use permits pursuant to Articles VIII and IX of the Zoning Law. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed antenna, mount, or equipment structure(s). Any decision by the Planning Board to deny or approve a request to place, construct, or modify wireless communications facilities shall be in writing and supported by substantial evidence. In cases of site plan and/or special use permit approval or conditional approval, the approval shall be deemed terminated if construction is not commenced within six months of such action, unless the applicant demonstrates that there are no changed circumstances and the approval or conditional approval is reviewed and extended for a period not exceeding six months by the Planning Board in accordance with § 200-69D of the Zoning Law.
[Amended 6-11-2003 by L.L. No. 1-2003]
(2)
Application filing requirements: site plan approval. All applicants for a wireless communications facility shall fulfill the site plan requirements of § 200-66 of the Zoning Law and shall, in addition, provide the following:
(a)
Proof that the applicant or co-applicant is
an FCC-licensed carrier.
(b)
A statement, certified by a professional engineer
and approved by the Planning Board, that the installation of the proposed
antenna, including reception and transmission functions, will not
interfere with the radio or television service enjoyed by adjacent
residential and nonresidential properties or with public safety communications.
(c)
A statement, certified by a professional engineer
and approved by the Planning Board, documenting the structural soundness
of the wireless communications facility.
(d)
Proof that the wireless communications facility
shall be fully automated and requiring only occasional maintenance
of the facility and site.
(3)
Application filing requirements: special use permit.
Applicants for a special use permit for a wireless communications
facility shall fulfill the requirements of a Type I action under SEQR
and shall, in addition, provide the following:
(a)
A survey of all existing structures, buildings
and utility structures within the Town outlining the opportunities
for the use of these existing structures and buildings as an alternative
to the proposed site. The applicant must demonstrate that the proposed
wireless communications facility cannot be accommodated on an existing
structure, building or utility structure. In the event that location
on an existing structure, building or utility structure is not feasible,
a written statement of the reasons for the unfeasibility shall be
submitted to the Planning Board. The Planning Board may hire independent
technical expert(s) in the field of radio frequency engineering to
verify if location on an existing structure, building or utility structure
is not feasible and to evaluate the need for the proposed facility.
The cost for such a technical expert(s) shall be at the expense of
the applicant and shall be fair and in line with similar costs in
other communities. The failure of an applicant to demonstrate a good-faith
effort to collocate may be grounds for denial of the special use permit.
(b)
A Town-wide map showing the locations of all
existing and future wireless communications facilities in the Town
for this carrier. The applicant must demonstrate the need for the
proposed facility, showing the impracticality of upgrading or expanding
an existing site, and must project long-range facility expansion needs
within the Town based on market demand. The Planning Board may hire
an independent technical expert in the field of RF engineering to
evaluate the impracticability of upgrading or expanding an existing
site. The cost for such a technical expert shall be at the expense
of the applicant and shall be fair and in line with similar costs
in other communities. The failure of an applicant to demonstrate a
good-faith effort to demonstrate the impracticality of upgrading or
expanding an independent site may be grounds for denial of a special
use permit.
(c)
Proposed location of antenna, mount and equipment
shelter(s), with total elevation dimensions and AGL of the highest
point, including latitude and longitude of the proposed mount.
(d)
Proposed security barrier, indicating type and
extent as well as point of controlled entry.
(e)
Drawings, dimensioned and to scale, which show
the ultimate appearance and operation of the wireless communications
facility at full buildout, including representations of the proposed
mount, antennas, equipment shelters, cable runs, driveways, parking
areas and any other construction or development attendant to the wireless
communications facility. If the security barrier will block views
of the wireless communications facility, the barrier drawing shall
be cut away to show the view behind the barrier. If any portion of
the proposed location of the facility is within a municipal right-of-way,
the site plan shall show the legal bounds of the right-of-way and
a drawing of the location of all equipment within the right-of-way,
including the location of any buried conduit.
[Amended 4-18-2022 by L.L. No. 5-2022]
(f)
Materials of the proposed facility specified
by generic type and specific treatment. These shall be provided for
the antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier. Specific stealth products and features
shall be provided.
(g)
Colors of the proposed facility represented
by a color board showing actual colors proposed. Colors shall be provided
for the antennas, mounts, equipment shelters, cables as well and cable
runs, and security barrier.
(h)
Landscape plan including existing trees and
shrubs that would provide screening of the proposed facility, by dominant
species and current height and those proposed to be added, identified
by size of specimen at installation and species.
(i)
The following material shall be provided to
allow the Planning Board to determine the level of visual impact and
the appropriateness of the facility:
[1]
Existing (before condition) color photographs
of views of the site from key viewpoints both inside and outside of
the Town, including but not limited to state highways and other major
roads, state and local parks, other public lands, preserves and historic
sites normally open to the public, scenic roads and scenic viewsheds
identified in the Town of Milan Comprehensive Plan, and from any other
location where the site is visible to a large number of residents
or visitors. The Planning Board shall determine the appropriate key
viewpoints from which the site shall be photographed.
[2]
Proposed (after condition) simulations. Each
of the existing condition photographs shall have the proposed wireless
communications facility superimposed onto it to show what would be
seen from the key viewpoints if the proposed facility were built.
(j)
Within 30 days of filing an application for
a special use permit, the applicant shall arrange to fly, or raise
upon a temporary crane, a six-foot brightly colored balloon at the
subject site to illustrate the height of the proposed facility. The
dates (including a second date in case of poor visibility or unfavorable
wind conditions), times, and location of such tests shall be advertised
in the official newspaper of the Town at seven and 14 days prior to
the tests. The applicant shall meet with the Planning Board prior
to arranging for the balloon tests to review and agree upon acceptable
dates, times and locations from which the photographs shall be taken.
(k)
A photometric plan of all lighting on the site,
including tower lighting if required.
(l)
The Planning Board may waive one or more of the application filing requirements of this subsection [§ 200-21E(3)] if it finds that such information is not needed for a thorough review of a proposed wireless communications facility, based upon a specific request by the applicant.
(4)
Application fee. In addition to other relevant fees
outlined in the Town of Milan Fee Schedule,[4] the applicant shall pay an application fee of $1,000 for
wireless communications facilities requiring site plan approval and
$2,500 for wireless communications facilities requiring a special
use permit, or other amount for application fees as indicated in the
Town of Milan Fee Schedule, due upon submission of the application
to the Planning Board, to defray the costs of review of the application
by the Town.
[Amended 6-11-2003 by L.L. No. 1-2003]
(5)
Consultant fees. The Planning Board and/or Zoning
Board of Appeals may retain consultants to assist in reviewing the
application, its renewal, or an application for a variance related
to a pending application, with consultant fees to be paid by the applicant.
These consultants may include the Town Engineer, Town Planner, the
Town's Attorney, one or more commercial communications facility consultants,
or other consultants as determined by the Planning Board and/or Zoning
Board of Appeals. At the beginning of the review process the applicable
board may require the applicant to fund a separate escrow account
from which the Town may draw to ensure reimbursement of consultant
fees. During review of the application, the applicable board may require
the applicant to add funds to the escrow account, as the applicable
board deems necessary. If the required funds are not added to the
escrow account, review of the application by the applicable board
shall be suspended until such time, if any, as payment of said funds
is made. Any remaining funds in the escrow account after payment of
all consultant fees will be returned to the applicant.
F.
Collocation requirements. All wireless communications
facilities requiring a special use permit shall comply with the following
requirements:
(1)
Location of other facilities.
(a)
Applicants shall provide a Town-wide map showing
the location of other existing, approved, and proposed wireless communications
facilities within the Town of Milan and all bordering municipalities,
outlining opportunities for collocation use as an alternative to the
proposed site. The applicant must demonstrate that the proposed wireless
communications facility cannot be accommodated on an existing, approved,
or proposed communications tower, structure or facility due to one
or more of the following reasons:
[1]
The antenna would exceed the structural capacity
of the existing, approved, or proposed wireless communications facility,
as documented by a qualified professional engineer, and the existing,
approved, or proposed facility cannot be reinforced, modified, or
replaced to accommodate the planned or equivalent antenna at a reasonable
cost.
[2]
The antenna would cause interference materially
impacting the usability of other existing, approved or proposed antenna
at the facility as documented by a qualified professional engineer
and the interference cannot be prevented at a reasonable cost.
[3]
Existing, approved, or proposed wireless communications
facilities cannot accommodate the antenna at a height necessary to
function as documented by a qualified professional engineer.
[4]
Other foreseen reasons that make it not feasible
to locate the antenna upon an existing, approved, or proposed wireless
communications facility.
(b)
In the event that collocation is not feasible,
a written statement of the reasons for the unfeasibility shall be
submitted to the Planning Board. The Planning Board may hire independent
technical expert(s) in the field of RF engineering, to verify if collocation
is not feasible and to evaluate the need for the proposed facility.
The cost for such a technical expert(s) shall be at the expense of
the applicant and shall be fair and in line with similar costs in
other communities.
(2)
Provision for new facilities.
(a)
Any proposed ground-mounted wireless communications
facility shall be designed, structurally, electrically, and in all
respects, to accommodate both the applicant's antennas and comparable
antennas for at least two additional users if the mount is over 100
feet in height or for at least one additional user if the mount is
over 60 feet in height. Mounts must be designed to allow for future
rearrangement of antennas upon the mount and to accept antennas mounted
at varying height.
(b)
The applicant shall submit to the Planning Board
a letter of intent committing the applicant, and his/her successors
in interest, to negotiate in good faith for shared use of the proposed
facility by any wireless service providers in the future. The issuance
of a permit (assuming the facility is approved according to this section),
shall commit the new facility owner and his/her successors in interest
to:
[1]
Respond in a timely comprehensive manner to
a request for information from a potential shared-use applicant.
[2]
Negotiate in good faith concerning future requests
for shared use of the new facility by other wireless service providers.
[3]
Allow shared use of the new facility if another
wireless service provider agrees in writing to pay charges.
[4]
Make no more than a reasonable charge for shared
use, based on generally accepted accounting principles. The charge
may include but is not limited to a pro rata share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity,
and depreciation, and all of the costs of adapting the facility to
accommodate a shared user without causing electromagnetic interference.
(3)
Intermunicipal cooperation. In order to keep neighboring
municipalities informed, and to facilitate the possibility of directing
that an existing wireless communications facility in a neighboring
municipality be considered for shared use, the Planning Board shall
require that:
(a)
An applicant who proposes a new wireless communications
facility shall notify, in writing, the legislative body of each municipality
that borders the Town and the County Planning Board. Notification
shall include the exact location of the proposed facility and the
general description of the project, including, but not limited to,
the height of the facility and its capacity for future shared use.
(b)
Documentation of this notification shall be
submitted to the Planning Board at the time of application.
G.
Modifications. A modification of a wireless communications
facility may be considered equivalent to an application for a new
facility and will require a special use permit when the following
events apply:
H.
Monitoring and maintenance. The applicant shall maintain
the wireless communications facility in good condition, including,
but not limited to, structural integrity of the mount and security
barrier, painting, maintenance of stealth technology camouflaging,
and maintenance of the buffer areas and landscaping. Communications
facilities over 100 feet in height shall be inspected annually by
a professional engineer approved by the Planning Board, and a copy
of the inspection report shall be submitted to the Town of Milan Building
Inspector.
I.
Abandonment or discontinuation of use.
(1)
Any wireless communications facility that is not operated
for a continuous period of 12 months shall be considered abandoned,
and the owner of the facility shall physically remove it within 90
days of a receipt of notice. "Physically remove" shall include, but
not be limited to:
(a)
Removal of antennas, mount, equipment shelters
and security barriers from the subject property.
(b)
Proper disposal of the waste materials from
the site in accordance with local and state solid waste disposal regulations.
(c)
Restoring the location of the facility to its
natural condition, with the exception of landscaping and grading.
(2)
If the carrier fails to remove the facility in accordance
with this section of the Zoning Law, the Town will have the authority
to enter the property and remove the facility, with the costs of removal
assessed against the property.
J.
Term of special use permit.
(1)
A special use permit issued for any wireless communications
facility shall be valid for five years. At the end of that time period,
the carrier shall remove the wireless communications facility or a
new special use permit shall be required. In reviewing the new application
for a special use permit, the Planning Board shall determine whether
the technology in the provision of the facility has changed such that
the necessity for the permit at the time of its approval has been
eliminated or modified, and whether the permit should be modified
or terminated as a result of any such change.
(2)
Upon initial issuance of a special use permit, the
new facility shall be put into operation within two years of the Planning
Board approval of the special use permit. If the facility is not in
operation within this time frame, the special use permit shall expire.
The project will be reviewed as a new application if the special use
permit is allowed to expire.
K.
Insurance.
[Amended 4-18-2022 by L.L. No. 5-2022]
(1)
A holder of a permit for a wireless communications facility shall
secure and maintain public liability insurance for personal injuries,
death, and property damage, and umbrella insurance coverage for the
duration of the permit in amounts as set forth below:
(2)
The commercial general liability insurance policy shall specifically
include the Town and its officers, boards, employees, committee members,
attorneys, agents and consultants as additional named insureds.
(a)
The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the State of New
York and with a Best's rating of at least A.
(b)
The insurance policies shall contain an endorsement obligating
the insurance company to furnish the Town Clerk and Building Inspector
with at least 30 days' prior written notice in advance of the
cancellation of any insurance policy.
(c)
Renewal or replacement policies or certificates shall be delivered
to the Town Clerk and Building Inspector at least 15 days before the
expiration of the insurance that such policies are to renew or replace.
(d)
Before construction of a permitted wireless communication facility
is initiated, but in no case later than 15 days after the grant of
the permit hereunder, the holder of the permit shall deliver to the
Town a copy of each of the policies or certificates representing the
insurance in the required amounts.
(3)
Indemnification.
(a)
Any application for a wireless communications facility that
is proposed on Town-owned property shall contain a provision requiring
the applicant, to the extent permitted by the law, to at all times
defend, indemnify, protect, save, hold harmless, and exempt the Town,
and its officers, boards, employees, committee members, attorneys,
agents, and consultants from any and all penalties, damages, costs,
or charges arising out of any and all claims, suits, demands, causes
of action, or award of damages, whether compensatory or punitive,
or expenses arising therefrom, either at law or in equity, which might
arise out of, or are caused by, the placement, construction, erection,
modification, location, products performance, use, operation, maintenance,
repair, installation, replacement, removal, or restoration of the
facility, excepting, however, any portion, of such claims, suits,
demands, causes of action or award of damages as may be attributable
to the negligent or intentional acts or omissions of the Town, or
its servants or agents. With respect to the penalties, damages or
charges referenced herein, reasonable attorney's fees, consultant's
fees, and expert witness fees are included in those costs that are
recoverable by the Town.
[1]
Editor's Note: Former § 200-21,
Town Center District (TC), which placed an interim moratorium on land
use development activity within the TC District, added 4-19-2000 by
L.L. No. 1-2000, was repealed 5-9-2001 by L.L. No. 3-2001.
Cluster development is a subdivision development
approach in which building lots may be reduced in size and building
units sited closer together, usually grouped into various cluster
areas, provided that the total development density does not exceed
that which could be constructed on the site under conventional zoning
and subdivision regulations.
A.
Purpose. It is the intent of this section of this
chapter to:
(1)
Preserve the Town's natural resources and drainage
systems and provide open space.
(2)
Permit flexibility in land development and concentration
of dwelling units on the most buildable portion of sites.
(3)
Allow for residential development which is in harmony
with the rural character of the Town of Milan while guiding development
away from sensitive lands and active or potential agricultural lands.
(4)
Facilitate the economical provision and maintenance
of streets and services, as well as minimize the impacts of clearing
and development.
(5)
Provide a broader range of housing types and site
design and encourage moderately priced housing units as a result of
reduced site costs, road and infrastructure costs and size of parcels/units.
B.
Authority. Authorization is hereby granted to the
Planning Board, Town of Milan, pursuant to § 281 of New
York State Town Law, to vary the zoning requirements as to lot size,
lot width, yard and other bulk requirements in connection with a proposed
subdivision plat, subject to the standards and procedures contained
herein. Such variations shall result in a cluster subdivision and
may be applied in any residential zoning district. The Planning Board
is further authorized under § 281 of New York State Town
Law to require the use of the cluster concept when it finds that the
intention of this chapter and the Subdivision Regulations[1] to preserve significant open space resources and protect
important natural resources will be accomplished. The Planning Board
may require the use of the cluster concept when one or more of the
following conditions exists:
(1)
Important ground or surface waters, wetlands, floodplains,
steep slopes and unique or locally important natural or historical
areas exist on the parcel.
(2)
The number of new roads or driveways obtaining access
from existing roads will be reduced.
(3)
Agricultural soils of regional or local importance
exist on the parcel.
(4)
An active agricultural operation or crop land exists
on the parcel.
(5)
Preservation of important views or community open
space will be ensured.
(6)
The land to be developed is contiguous to a recreational
area(s), parkland or permanently protected open space or has the potential
to be converted to such uses.
(7)
The specific goals and policy recommendations of the
Master Plan will be accomplished.
(8)
Significant environmental impacts identified through
the State Environmental Quality Review Act (SEQR) may be mitigated.
C.
Lot count. The permitted number of dwelling units
may not exceed the number which could be permitted, taking into consideration
natural and man-made constraints, if the parcel(s) were subdivided
into lots conforming to all the normally applicable requirements of
this chapter, the Land Subdivision Regulations[2], Dutchess County Department of Health regulations, and
all other applicable laws and standards. The basis for this determination
will be a conventional subdivision sketch layout for the subject parcel(s)
and any other information as may be required by the Planning Board.
D.
Site design. The cluster subdivision option will allow
parcels of land to be divided into lots that consist of different
bulk/lot dimensions than a conventional subdivision. Therefore, the
Planning Board shall review specific design criteria for the cluster
development sites. such as the proposed layout of residential structures,
paved areas (roads, driveways, sidewalks), landscaping, common open
space areas and integration of the proposed cluster development into
the natural topography and contour lines. The site design criteria
shall be reviewed by the Planning Board at the preliminary plat phase
of the subdivision process.
E.
Bulk requirements. If the proposed cluster development
is within the boundaries of a Hamlet (HA) Zoning District, the bulk
requirements specified in this chapter for HA Districts shall apply,
rather than the following standards. Except as specified herein, all
development standards and controls normally applicable to other residential
subdivisions and uses shall also be applicable to a cluster subdivision:
(1)
Minimum lot area per dwelling unit: to be determined
by the proposed provision of water and sewer facilities, physical
constraints of the property and location of the cluster development.
(2)
Yards (minimum requirements):
|
Type of Yard
|
Single-Family
Detached
(feet)
|
Attached or
Semidetached
(feet)
| |
|---|---|---|---|
|
Front
|
30
|
30
| |
|
Rear
|
40
|
40
| |
|
One side
|
0
|
0
| |
|
Both sides
|
30
|
30*
|
|
NOTE:
| |
|---|---|
|
* At side of any groupings
|
F.
Additional standards. In addition to the bulk regulations
above, the Planning Board shall ensure that:
(1)
All dwelling units shall be owned separately by individual
owners and that common property is properly and legally governed through
a homeowners' association complying in all ways with the requirements
of the New York State Attorney General's Office or other appropriate
agreement(s).
(2)
Common driveway access may be provided to the extent
practicable and that maintenance is provided through a legally binding
agreement. No more than four units may take access from a single common
driveway.
(3)
A pedestrian circulation and/or trail system is designed
and installed sufficient for the needs of residents and, where appropriate,
is made accessible to nonresidents.
(4)
Water supply, sewage disposal and stormwater management
facilities shall be designed by a licensed engineer in accordance
with the requirements of the Town of Milan and the Dutchess County
Health Department, which shall not connect more than four dwelling
units to the water supply, sewage disposal and stormwater management
facilities. Underground facilities may be located in areas to be set
aside as permanent open space.
(5)
At least 40% of the total area being subdivided shall
be reserved as permanently protected open space. There shall be no
open space land within a cluster subdivision that is not either governed
by an easement or part of a parcel held privately by an individual
homeowner. The following standards will be applied to open space within
a cluster subdivision:
(a)
Any open space shall be integral to the overall
design of the project.
(b)
Open space shall be designed so that it is easily
accessible and desirable for all residents of the subdivision. To
the extent practicable, every homeowner shall have direct access to
the open space.
(c)
Wherever possible, especially when the Town
Master Plan or other pertinent plans specify, open space resulting
from a cluster subdivision shall be connected and integral to existing
public parks, recreation areas or trail systems.
(d)
Areas of natural significance, including floodplains,
wetlands, important plant and animal habitats and slopes of 15% and
greater, shall be incorporated to the greatest extent practicable
in open space parcels.
(e)
Where it exists, prime or active agricultural
land shall be preserved.
(f)
When the Planning Board determines that it is
appropriate, a portion of open space shall be set aside for active
recreation purposes, such as ballfields, equestrian facilities or
playgrounds.
(g)
Open space land may be owned in common by a
homeowners' association, held in private ownership or dedicated to
the Town. Where open space land is to be dedicated to the Town, the
Town Board shall decide whether or not to accept such dedication.
All open space land must be protected by perpetual conservation easement
from future development. The Planning Board shall assure that proper
provision has been made for ownership and maintenance of open space
land, roadways and other improvements. If owned by a homeowners' association,
ownership shall be structured in such a manner that real property
taxing authorities may satisfy property tax claims against the open
space lands by proceeding against all individual owners in the association
and the dwelling units they each own. Ongoing maintenance standards
shall be established, enforceable by the Town or qualified not-for-profit
organization, against an owner of open space land, as a condition
of subdivision approval, to assure that the open space land does not
create a hazard to public health, safety and welfare. The Town shall
not be responsible to enforce the maintenance of an easement not held
by the Town.
(h)
A perpetual easement limiting use of open space
land to agriculture, managed forest, recreation or permanent open
space, and prohibiting residential, institutional, industrial or commercial
use, shall be granted to the Town, with the approval of the Town Board
or to a qualified not-for-profit conservation organization acceptable
to the Planning Board. Such conservation easement shall be reviewed
and approved by the Planning Board and shall be required as a condition
of final plat approval. The conservation easement shall be recorded
in the Dutchess County Clerk's Office simultaneously with the filing
of the cluster subdivision plat.
(i)
Any open space land shall be shown on the subdivision
plat and appropriately labeled to indicate that such land is not to
be further subdivided or built upon, except as provided for in the
conservation easement(s).
(6)
In the clustered subdivision, the lots shall be laid
out so that dwelling units will be located in a manner consistent
with the purposes of this section. The following siting guidelines
(listed in order of general priority) are to be applied, when applicable,
on a case-by-case basis by the Planning Board, with lots to be laid
out in the following manner:
(a)
On the least fertile soils for agricultural
uses, and in a manner which maximizes the usable area remaining for
such agricultural uses.
(b)
Within any woodland contained in the parcel
or along the far edges of the open fields (to reduce impact upon agriculture,
to provide summer shade and shelter from winter wind and to enable
new construction to be visually absorbed by natural landscape features).
(c)
To provide permanent protection for significant
natural, historic or cultural features identified on the site.
(d)
To minimize the number of driveways with access
to existing roads.
(e)
In such a manner that the common boundary between
the house lots and any active farmland is minimized in length (to
reduce potential conflicts).
(f)
In locations least likely to block or interrupt
scenic vistas as seen from the public roadway(s) or other public vantage
points.
(g)
In locations where the greatest number of units
could be designed to take maximum advantage of solar heating opportunities.
(h)
In cluster developments exceeding 20 dwelling
units, the Planning Board shall consider the layout of smaller groupings,
each having some open space immediately surrounding it, so that large
concentrations of units with little or no differentiation can be avoided
and so that cluster development will be more compatible with the neighborhood
in which it is located.
G.
Procedures. In addition to the application requirements
outlined in the Town of Milan Subdivision Regulations,[3] the applicant requesting approval for a cluster subdivision
shall submit to the Planning Board the following:
(1)
A written statement describing the open space purpose(s)
to be accomplished, as well as the proposed method of preservation
and disposition of the open space land.
(2)
A sketch plan satisfying all of the requirements for
preapplication approval of a subdivision map.
(3)
Any additional information the Planning Board deems
necessary to assist in making a reasonable decision on the application.
H.
Permits. Upon approval of a cluster development, the
Planning Board shall authorize the Zoning Enforcement Officer to issue
a permit in accordance with such approved cluster development plan.
[Amended 4-22-1996 by L.L. No. 1-1996; 6-11-2003 by L.L. No.
1-2003]
A.
Purpose. It is the intent of this section to allow
for the conversion of existing homes, barns, garages or other permitted
accessory buildings or structures, where appropriate, to create accessory
apartments. The following benefits will accrue to the community as
a result:
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(1)
An increase in the stock of affordable rental units.
(2)
Preservation of homes with historic, architectural
or cultural significance.
(3)
Longtime homeowners and residents and the elderly
on fixed incomes will be able to afford to keep their property where
tax burdens or other financial considerations may have forced their
sale.
C.
Bulk and area requirements. Notwithstanding § 200-12, Schedule of Bulk and Area Requirements, all conversions of existing buildings or structures shall be subject to the following requirements:
(1)
One accessory apartment may be created in an existing home, barn, garage or other permitted accessory building or structure on a lot meeting the requirements of § 200-12, the Schedule of Area and Bulk Requirements, and the requirements of § 200-23 herein of the Zoning Law for the applicable zoning district.
(2)
Additional accessory apartments, not exceeding a total
of four accessory dwellings on a lot, may be created in an existing
home, barn, garage or other permitted accessory building or structure,
provided that the following minimum acreage requirements are complied
with:
|
District
| ||||||
|---|---|---|---|---|---|---|
|
Number of
|
(acreage required for accessory dwelling
units)
| |||||
|
Accessory Units
|
HA
|
HB
|
R2A
|
A3A
|
A5A
| |
|
1
|
1.5
|
2
|
2
|
3
|
5
| |
|
2
|
3
|
4
|
4
|
6
|
10
| |
|
3
|
4.5
|
6
|
6
|
9
|
15
| |
|
4
|
6
|
8
|
8
|
12
|
20
| |
D.
Eligibility. Any principally permitted and permitted
accessory building/structure may be converted under the provisions
of this chapter, provided that the building/structure:
(1)
Had a valid certificate of occupancy at least three
years prior to the date of application for conversion or has been
occupied by the owner seeking the permit under the provisions of this
chapter for a period of at least three years;
(2)
Is a conforming use;
(3)
Conforms to all applicable requirements and standards
of the zoning district in which it is located; and
(4)
The owner of the principal dwelling shall continue
to occupy such principal dwelling, on land in which an accessory apartment(s)
is to be added to such principal dwelling or other structure, as a
condition to the continued validity of the continued validity of the
special use permit.
E.
Adequacy of infrastructure. A special use permit for
a conversion shall not be issued unless it can be demonstrated that
all sanitary sewer and water supply systems are in full compliance
with the standards of the Dutchess County Health Department. The Planning
Board shall require that an applicant seeking approval for a conversion
obtain approval of all sanitary sewer and water supply systems from
the Dutchess County Health Department. Lack of an approval from the
Dutchess County Health Department shall constitute a basis for denial
of a special use permit for conversion of an existing building/structure.
F.
Standards. In order that a proposed conversion proceeds
in an orderly manner and provides benefits to residents of the conversion
and the Town of Milan, the Planning Board shall ensure that a conversion
of an existing building/structure:
(1)
Has area available in which to provide adequate off-street
parking for all proposed dwelling units. At least one space per dwelling
unit shall be provided. The Planning Board may require landscaping,
fences or other appropriate measures to minimize the impact of parking
areas on the streetscape and neighboring properties.
(2)
Will meet all requirements of the Dutchess County
Health Department with regards to the provisions of water and sanitary
sewer systems.
(3)
Will meet all applicable building codes, including
the New York State Uniform Fire Prevention and Building Code.
(4)
Will not have an adverse effect on the environment
as that term is defined in the New York State Environmental Quality
Review Act (SEQR).
(5)
Will not create a nuisance or otherwise adversely
impact residents on adjacent properties.
(6)
Will not alter the residential character of the neighborhood
in which the building/structure is located. Any changes to the exterior
of the building/structure should be compatible with the existing architecture
of the building/structure.
(7)
In the case of a building/structure of historic significance,
where that building/structure is listed on the National or State Historic
Register or has been identified in the County Historic Survey as of
potential importance, no modifications that would alter the historic
importance of the structure will take place.
(8)
Stairways leading to any level above the first floor
shall be located within the walls of the building or structure whenever
practicable. If such stairways must be placed on the exterior of the
building/structure, they shall be located in such a manner as to minimize
their impact to neighbors and visibility from the roadway.
(9)
Does not increase lot coverage of the building or
structure being converted by more than 10%.
(10)
Is the only converted building or structure on the lot and no others will be proposed or built, except that the Planning Board may approve the conversion of other buildings/structures on the same lot, provided that the total number of dwelling units created does not exceed the number permitted in Subsection C and that all other applicable standards and conditions are met.
G.
Procedures. The conversion of an existing building/structure under the provisions of this section of the chapter requires a special use permit for conversion to be issued by the Planning Board. All applications shall be made in accordance with Article VIII, Special Use Permits, of this chapter and shall be subject to the following additional provisions:
(1)
Materials to assist the Planning Board in its review
shall include a floor plan of the existing building or structure,
the planned floor plan following conversion, any architectural drawings
or renderings showing changes to the exterior of the building/structure,
a site plan showing the building/structure in relation to the lot
both before and after conversion, location of all other buildings
and structures on the lot, their elevations and a survey or other
appropriate drawing or document showing the location and size of the
existing and proposed septic system and well and other materials as
determined by the Planning Board. The Planning Board may waive any
of the requirements of this subsection.
H.
Revocation of special use permit. A special use permit
for conversion may be revoked by the Town of Milan Zoning Enforcement
Officer if:
I.
Alteration of approved plans. The granting of a special
use permit for conversion of an existing building/structure shall
be considered a right to construct the conversion according to approved
plans. Any substantial changes to the approved plans, whether interior
or exterior to the building/structure, shall require a new application.
A.
Purpose. It is the intent of the Town of Milan to
provide for the child-care needs of the residents and those employed
in the Town in a way that promotes the public interest while maintaining
the essential character of the Town's residential, commercial and
industrial areas. This section is developed in recognition of the
critical need for affordable child care for the Town's working parents.
The Town recognizes that the lack of child-care alternatives may prevent
parents from obtaining gainful employment which fully meets their
needs.
B.
Family and group family day-care homes. Family and group family day-care homes, as defined under "day-care facilities" in Article II, shall be permitted as a principally permitted use in all residential zoning districts, provided that:
(1)
State licensing requirements are met, including those
pertaining to building, fire safety and health codes.
(2)
Applicable zoning and subdivision standards for residential
uses are fully complied with by the applicant.
(4)
An off-street dropoff/pickup area must be provided.
A driveway in conformance with Town driveway permit standards shall
be sufficient for such purpose.
(6)
No structural or decorative alteration is proposed
that will alter the single-family character of an existing residential
structure.
C.
Day-care enters, school-age child-care facilities and nursery schools. A special use permit is required for any day-care center, school age child-care facility or nursery school as defined in Article II of this chapter. Day-care centers, school-age child-care facilities and nursery schools are allowed by special use permit in the A3A, R2A, HA and HB Zoning Districts, provided that they are in compliance with the following:
(1)
The center, facility or nursery school complies with all regulations of Article VIII, Special Use Permits. In addition, the licensed day-care provider shall submit a copy of said license and other pertinent documents from New York State Department of Social Services and, where applicable, the New York State Department of Education to the Planning Board with an application for a special use permit.
(2)
A site plan, in compliance with district zoning, is submitted to the Planning Board for its approval, following the procedures in Article IX of this chapter. For site plan approval, day-care centers, school-age child-care facilities or nursery schools shall:
(b)
If a new structure or alteration is proposed,
be compatible with the character of the neighborhood or zoning district
with regard to scale, design, architectural details, materials and
setback.
(c)
Provide an outdoor play space as specified by
New York State Social Services Law § 390 and 18 NYCRR 418.8.
Such space shall meet the following minimum requirements:
[1]
The size of such space shall be equal to at
least 1/4 of the square footage of the structure in which the facility
is located.
[2]
No structured area for active play or play structures
shall be located in a front yard or within 10 feet of a side or rear
lot line.
[3]
The play space shall be screened from the road
from which the center takes access, either by the center itself or
appropriate landscaping or other methods.
[4]
The play space shall be contained along all
sides not bordered by a building, by a solid fence or hedge at least
six feet in height to prevent conflicts between adjacent properties
and the facility's activities.
[5]
Where the play space is furnished with play
equipment intended for the use of the children, such equipment shall
meet national standards for construction and safety.
(d)
Provide adequate parking facilities for the
day-care center or nursery school with at least one for every nonresident
employee plus one for every 10 children, and provide an off-street
pickup and drop-off area either on the driveway or an approved parking
area.
(e)
Conform to other requirements, as specified
by the Planning Board, to ensure that the center maintains the character
of the neighborhood or zoning district.
Plans for the erection or structural alteration
of drive-in business establishments as herein defined shall be submitted
to the Planning Board for approval. The Planning Board shall require
such changes therein in relation to yards, driveways, driveway entrances
and exits and the location and height of buildings and enclosures
as it may deem best suited to ensure safety, to minimize traffic hazards
or difficulties and to safeguard adjacent properties.
No dump as defined herein shall be permitted
within the Town of Milan (for the purposes of this chapter, a "landfill"
is considered to be a "dump"). No burning, abandoning, dumping or
disposing by any other means of garbage, trash, refuse, junk or waste
material of any kind shall be permitted in the Town of Milan, except
as approved by the Town Board; nor shall there be established any
transfer station for the handling of garbage, trash, refuse, junk
or waste material of any kind, except that the Town of Milan may establish
a transfer station. No person shall store more than one vehicle used
or designed to be used for the transportation of garbage, trash, refuse,
junk or waste material of any kind.
A.
No building permit for the erection of a one- or two-family
dwelling will hereafter be granted in the Town of Milan unless the
minimum ground floor space per dwelling unit shall be as follows.
The ground floor area mentioned herein does not include open or enclosed
porches, basements, garages or carports. All foundations shall be
continuous and comply with the New York State Uniform Fire Prevention
and Building Construction Code.
[Amended 6-11-2003 by L.L. No. 1-2003]
|
Dwelling Type
(stories)
|
Minimum Ground Floor Space
(square feet)
|
|---|---|
|
1
|
720
|
|
1 1/2
|
720
|
|
2
|
576
|
B.
Basement occupancy. Any basement area used for sleeping
purposes shall have not less than two means of egress, at least one
of which shall be a door giving access to an open area whose service
is at least eight inches below the level of the basement floor. Each
basement room used for living purposes shall have a window area opening
to the outside equal to not less than 5% of the floor area of such
room.
C.
Slope of yards. No building containing dwelling units
shall henceforth be constructed nor shall any existing building be
altered so as to contain dwelling units unless the surface grade of
the front yard at the front wall of such building be more than one
foot above the established grade of the sidewalk. Where a sidewalk
grade has not been established, the surface grade of the front at
the front wall of the dwelling shall not be less than one foot above
the center line of the street measured at the midpoint between the
side lot lines of the lot. Where there is unusual difficulty in meeting
this provision, the Zoning Enforcement Officer may accept a substitute
gradient, provided that no minus gradient is established within 15
feet of the front wall or within six feet of either side wall of the
building.
A.
Purpose. It is the purpose and intent of this chapter
to accomplish the Town's Master Plan objectives by allowing by special
use permit the installation of small, removable homes, known as "Elder
Cottage Housing Opportunity (ECHO) units," on the same lots with one-
and two-family dwellings in all residential zoning districts that
allow one- and two-family dwellings as a permitted principal use.
Specifically, this section is intended to:
(1)
Foster and support extended families.
(2)
Permit adult children to provide small, temporary
homes for their aging parents who are in need of support while maintaining
as much of the independence of the two generations as possible.
(3)
Reduce the degree to which elderly homeowners have
to choose between increasing isolation in their homes and institutionalization
in nursing homes.
(4)
Encourage the continued development and use of small
homes specifically designed and built for elderly people, which include
such features as easy adaptation to handicapped accessibility, safe
exit features and fire-resistant construction.
(5)
Permit ECHO housing in a manner that protects the
property values and character of neighborhoods by ensuring that the
units are compatible with the neighborhood and are easily removable.
(6)
Enable the elderly living in homes too large for their
needs to move to more appropriate housing and thereby make larger
homes available to house larger families.
B.
Districts. ECHO units, as defined in Article II, are permitted by special use permit through the Zoning Board of Appeals in the A5A, A3A, R2A and HA Zoning Districts in conformance with this section and all other applicable sections of this chapter.
[Amended 6-11-2003 by L.L. No. 1-2003]
C.
Construction. The unit shall be constructed in accordance
with all applicable laws, regulations, codes and ordinances, including
the New York State Uniform Fire Prevention and Building Code.
D.
Size of unit. The minimum floor area of an ECHO unit
shall be 300 square feet, the maximum floor area 900 square feet and
the maximum height 16 feet or one story.
E.
Placement of ECHO unit. The ECHO unit shall comply
with all front yard setback requirements for a principal dwelling.
With respect to side and rear yard setbacks, the ECHO unit shall be
placed no closer to a lot line than one-half (1/2) the distance required
for the district. In addition, no ECHO unit shall be placed closer
to the front lot line than the principal dwelling. There shall be
no required setback between the principal dwelling and the ECHO unit,
however, pedestrian access must be provided to the ECHO unit without
going through the principal dwelling.
F.
Lot size and coverage. The minimum lot size for a
principal dwelling with an ECHO unit shall conform to the requirements
for a one- or two-family dwelling in the district in which the ECHO
unit will be located. The lot may not be an existing nonconforming
lot of less than the prescribed lot area or lot width. Coverage of
the entire lot by the ECHO unit and principal dwelling shall not exceed
25%.
G.
Access. Where appropriate, the Zoning Board of Appeals
may require that all walkways from parking areas and from the principal
dwelling to the ECHO unit will be suitable for wheelchair and stretcher
access.
H.
Parking. In addition to the parking required for the
principal dwelling, one parking space for the ECHO unit shall be required,
except that the Zoning Board of Appeals may increase the required
number of parking spaces to two, if circumstances so warrant.
I.
Occupancy.
(1)
At the time the special use permit is issued, at least
one intended occupant of the ECHO unit must be at least 62 years of
age. (The other occupant should be close to an elderly age in order
to promote the intent of this elderly housing opportunity). Subsequently,
if the occupant who is 62 no longer occupies the ECHO unit and all
other conditions continue to apply, the permit may be renewed for
the other elderly occupant who had been residing with the original
occupant, even if that person is slightly less than 62 years of age.
(2)
The owner of the principal residence may live in an
ECHO unit, provided that:
(3)
In no case shall there be more than two occupants
of an ECHO unit.
(4)
The special use permit shall be issued to the owner
of the principal dwelling and lot.
J.
Waiver of requirements. The Zoning Board of Appeals
may waive the requirements of this section of this chapter if so warranted
by the specific characteristics of the particular structures/lot and
circumstances of the case upon showing that the waiver will not negatively
affect public health, safety or welfare and that the waiver will be
in harmony with and promote the general purpose of this chapter. However,
the Zoning Board of Appeals shall not waive any of the occupancy and
removability standards specified in this chapter.
K.
Number of dwelling units per lot. Only one ECHO unit
per lot shall be permitted. No special use permit for an ECHO unit
shall be issued for a lot where the principal dwelling is other than
a one-family or permitted two-family dwelling, or where a permit for
an accessory apartment or other special use permit for housing is
in force.
L.
Enclosure of underportion. Within 30 days of installation,
the entire underportion of the unit shall be enclosed so as to completely
screen and insulate that area of the unit. Wood, masonry or other
durable material shall be used, however, such material shall be installed
to facilitate removal upon termination of occupancy.
M.
Removability.
(1)
The unit shall be constructed so as to be easily removable.
(2)
The unit's foundation should be of easily removable
materials, such as timber pilings or cement block piers, so that the
lot may be restored to its original use and appearance after removal,
with as little expense as possible.
(3)
No permanent fencing, walls or other structures shall
be installed that will hinder removal of the ECHO unit from the lot.
N.
Adequacy of infrastructure. The applicant or his or
her agent shall certify that the water supply is potable and of adequate
flow and that the sewage disposal system is adequate for the two units.
Failure to promptly correct any water quality or sewage system problem
shall result in revocation of the special use permit. No special permit
shall be granted in any case where the Dutchess County Health Department
has determined that the water or sewage system serving the principal
dwelling is for any reason not capable of handling the additional
demand that the ECHO unit would impose on it.
O.
Application process. Application for a special use permit for an ECHO unit shall be made to the Zoning Board of Appeals in accordance with the standards and procedures set forth in Article VIII of this chapter and subject to the following additional provisions:
(1)
Materials to assist the Zoning Board of Appeals in reviewing an application for a special use permit, as described in Article VIII, § 200-62, shall include:
(a)
The names of all owners of record of the principal
dwelling, lot and ECHO unit.
(b)
The names and ages with satisfactory proof of
age of the proposed occupants of the ECHO unit in order to verify
that the occupants are satisfying the standards and intent of the
ECHO regulations.
(c)
The relationship between the occupants of the
principal dwelling and the occupants of the ECHO unit.
(d)
The lease or other agreement with the owner
of the ECHO unit; if the ECHO unit is rented, leased or otherwise
not owned outright by the applicant, the agreement between intended
occupants and the owner(s) of the principal dwelling unit.
(e)
A floor plan of the ECHO unit, including the
square footage (may be the manufacturer's or builder's brochure).
(f)
A survey or other appropriate drawing or document
showing the location and size of the septic system and well, and the
structures on the lot, both with and without the ECHO unit.
(g)
The applicant's plan for removal of the ECHO
unit at the time the special use permit terminates.
(2)
In determining whether to grant the application, the Zoning Board of Appeals shall consider the following factors, in addition to those described in Article VIII, Special Use Permits:
(a)
Whether the use will be in harmony with and
promote the general purpose and intent of this chapter.
(b)
Whether the use will conserve property values
and encourage the most appropriate uses of land.
(c)
Whether granting the application will cause
an undue concentration of ECHO units in a specific area of the Town.
(d)
Whether the lot area is sufficient, appropriate
and adequate for the use, particularly with regard to septic system
and water requirements.
(e)
Whether the application will be compatible with
the Town Master Plan.
(3)
A special use permit may be granted for an initial
period of up to one year, expiring on December 31. Thereafter, upon
application to the Zoning Enforcement Officer showing that there have
been no changes in circumstances which would result in the ECHO unit's
being in violation of the provisions of this law, the special use
permit may be renewed yearly for a period running from January 1 to
December 31. Upon development of appropriate procedures by the Zoning
Board of Appeals, such renewal shall be granted administratively by
the Zoning Enforcement Officer.
(4)
At the time of application for the ECHO special use
permit, the applicant must verify that he or she:
(a)
Understands that the permit is issued solely
for the use of the named occupants.
(b)
Has made plans for the removal of the unit.
(c)
Recognizes the possible sanctions for failure to promptly remove the ECHO unit upon termination or revocation of the special use permit. These sanctions include all those specified in §§ 200-64 and 200-65 of this chapter; injunctive relief; criminal penalty; removal and salvage by the Town to defray any enforcement costs incurred; the placement of a lien against the applicant's property to defray any enforcement costs incurred; and any other remedies available to the Town.
P.
Renewal of special use permit. At the time of application
for renewal of the special use permit, the applicant or his or her
agent shall verify:
(1)
That the conditions upon which the special use permit
was granted continue to apply.
(2)
That he or she has made plans for removal of the ECHO
unit upon termination of the special use permit.
(3)
That he or she understands the possible sanctions
for failure to promptly remove the ECHO unit upon termination of the
special use permit.
Q.
Termination of special use permit.
(1)
The special use permit shall terminate 90 days after:
(2)
During this ninety-day grace period, the ECHO unit
shall be removed and the site restored so that no visible evidence
of the ECHO unit and its accessory elements remains. If the ECHO unit
has not been removed by the end of this grace period, in addition
to the existing sanctions in this chapter, actions to ensure removal
may be taken, including removal and salvage by the Town with a lien
imposed to defray any costs incurred. The Zoning Board of Appeals,
upon a showing of extraordinary circumstances making removal of the
ECHO unit impossible during the ninety-day grace period, may grant
one extension of up to 90 days for removal of the ECHO unit.
R.
Revocation of special use permit. A special use permit
for an ECHO unit shall be revoked by the Zoning Board of Appeals after
notice and a hearing, if:
(1)
It shall reasonably appear to the Zoning Board of
Appeals that the ECHO unit is not in compliance with applicable laws,
rules, regulations, codes or ordinances or that the conditions of
the special use permit are not satisfied; or
(2)
Any lawful inspection of the ECHO unit by the Building
Inspector or Zoning Enforcement Officer is refused or prevented by
the owner or occupant.
A.
Location. No special use permit shall be granted for
the construction or expansion of an educational institution unless
such institution has a minimum of 400 feet of frontage on a road designated
as a primary or secondary road in the Master Plan.
B.
Place of assembly. No sports arena or other place of assembly having a capacity of more than 1,000 persons shall have entrances or exits on other than streets that have been designated as primary or secondary streets in the Master Plan. Where feasible, entrances and exits should be on primary roadways and not on roadways intended for predominantly residential use.§ 200-30. (Reserved)
[Added 11-18-2019 by L.L. No. 4-2019]
A.
Statement of purpose. This section is adopted to advance and protect
the public health, safety, and welfare of the Town of Milan, including:
(1)
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
(2)
Providing certainty to the owners of residential and commercial properties
regarding the use, location and installation of on-site solar energy
systems;
(3)
Increasing employment and business development in the region by furthering
the installation of on-site solar energy systems; and
(4)
Preserving and protecting the scenic beauty and rural character of
the Town.
B.
Applicability. The requirements of this section shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair; provided, however, that this section shall not apply to any solar energy systems installed on property owned by the Town. Solar energy systems for which a valid building permit has been issued before the effective date of this § 200-30 shall not be obligated to meet the requirements of this section.
C.
Building permit. A building permit is required for the installation
of all solar energy systems; provided, however, a separate building
permit for a building-integrated photovoltaic system shall not be
required if it is installed when the building is first constructed
pursuant to a lawfully issued building permit and the existence of
the building-integrated photovoltaic system is noted on the building
plans submitted to the Zoning Enforcement Officer. A roof-mounted
solar energy system shall comply with the application requirements
for the Unified Solar Permit adopted by the Town, provided that the
rated kilowatt capacity for the system does not exceed the amount
specified in the Unified Solar Permit application. For all solar energy
systems, a building permit application shall meet all applicable requirements
set forth in the Code of the Town of Milan and shall also include:
(1)
Certification from a New-York-State-licensed structural engineer
or architect that:
(a)
The solar energy system will be sufficiently installed and anchored
to prevent flotation, collapse or lateral movement;
(b)
For roof-mounted solar energy systems, the roof and foundation
of the building to which it will be attached can support the load;
and
(c)
The design and installation of the solar energy system will
meet all applicable provisions of New York State, Dutchess County
and Town of Milan laws and building, electrical and fire codes, as
well as any applicable Public Service Commission regulations.
(2)
Identification and dimensions of all major items of solar energy
equipment and a) for a roof-mounted solar energy system, a diagram
showing the location of the equipment on the roof, and b) for a ground-mounted
solar energy system, a scaled site plan approved by the Planning Board
showing, at a minimum, i) the location of any existing structures,
wetlands, woodlands and other natural features, ii) the distance between
each lot line and the nearest piece of any solar energy equipment,
and iii) the major items of solar energy equipment to be installed
or constructed.
(3)
Certification by the applicant that the solar energy system installation
will be performed by an identified qualified solar installer.
(4)
Evidence reasonably satisfactory to the Zoning Enforcement Officer that the various requirements set forth in § 200-30E below have been or will be satisfied.
(5)
Such other information as the Zoning Enforcement Officer shall reasonably
require.
D.
On-site solar energy systems.
(1)
Roof-mounted on-site solar energy systems.
(a)
Zoning districts. Roof-mounted on-site solar energy systems
are permitted in all zoning districts when attached to any lawfully
permitted building or structure, subject to the requirements set forth
herein. Roof-mounted on-site solar energy systems may be added to
existing buildings on a nonconforming lot without forcing the entire
building to otherwise comply with current zoning requirements.
(b)
Height. Roof-mounted on-site solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are not provided the same height exemptions granted to other building-mounted mechanical devices or equipment in § 200-10I(4) of this chapter.
(c)
Aesthetics. Roof-mounted on-site solar energy system installations
shall incorporate the following design requirements:
[1]
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface and the highest
edge of the system.
[2]
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
[3]
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
[4]
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
(2)
Ground-mounted on-site solar energy systems.
(a)
Zoning districts. Ground-mounted on-site solar energy systems are permitted in all zoning districts other than Land Conservation (LC), subject to site plan approval by the Planning Board and the other requirements set forth herein. Ground-mounted on-site solar energy systems shall be considered accessory structures; provided, however, in the event of a conflict or inconsistency between the provisions of § 200-18 of this chapter and this § 200-30, the provisions of this § 200-30 shall control.
(b)
Height. Ground-mounted on-site solar energy systems shall not
exceed 12 feet in height.
(c)
Setback and yard restrictions. Ground-mounted on-site solar
energy systems shall be set back a minimum of 100 feet from any public
or private road and any boundary line of the lot on which it is to
be erected; provided at all times the ground-mounted on-site solar
energy system shall adhere to the minimum setback requirements of
the underlying zoning district if greater than the foregoing.
(d)
Lot coverage. Ground-mounted on-site solar energy systems, when
added to the other buildings, structures and other impervious surfaces
located on the same lot, shall not exceed the maximum lot coverage
set forth in the Schedule of Area and Bulk Regulations applicable
to the district in which the lot is located. In calculating lot coverage
for solar panels, the area within the perimeter formed by the sides
of all such panels shall be included.
(e)
Yard restrictions. Ground-mounted on-site solar energy systems
shall be installed in the side or rear yards, not the front yard;
provided, however, that a ground-mounted on-site solar energy system
may be installed in the front yard if it (and any screening or fencing
surrounding it) is not visible from any public road or rural lane
at any time of the year and is set back a minimum of 250 feet from
the front lot line.
(f)
Location. Ground-mounted on-site solar energy systems shall
be located in a manner so as to minimize visual impact on neighboring
parcels, and which may require screening or vegetation mitigation
as determined by the Planning Board. No ground-mounted solar energy
systems shall be located on ridgelines, hilltops or other excessively
visible locations.
(h)
All cables underground. All connection and distribution cables,
lines and wires shall be trenched and buried underground in conduit.
(i)
Removal. All ground-mounted on-site solar energy systems shall
be removed, at the owner's or operator's expense, within one year
of determination by the Zoning Enforcement Officer that the system
is no longer being maintained in an operable state of good repair
or is no longer supplying solar power. Such an order shall be in writing,
shall offer the option to rectify, and shall notify the owner, property
owner and/or facility operator, if known, of his or her right to appeal
such determination to the Zoning Board of Appeals. Removal shall include
all solar energy equipment.
(j)
No variances. All ground-mounted on-site solar energy systems must strictly comply with all of the requirements of this § 200-30D(2), and no waivers or variances therefrom shall be permitted by either the Planning Board or the Zoning Board of Appeals, except as expressly provided in Subsection D(2)(i) above.
(3)
Building-integrated photovoltaic systems. Building-integrated photovoltaic systems producing energy solely for on-site use are permitted in all zoning districts, subject to the restrictions set forth in § 200-30D(1) above, to the extent applicable.
E.
Off-site solar energy systems prohibited. Off-site solar energy systems
are prohibited in all zoning districts.
F.
Enforcement. Any violation of this section shall be subject to the same civil and criminal penalties provided for in Article VI of this chapter.
G.
Severability. The invalidity or unenforceability of any section,
subsection, paragraph, sentence, clause, provision or phrase of the
aforementioned sections as declared by the valid judgment of any court
of competent jurisdiction to be unconstitutional shall not affect
the validity or enforceability of any other section, subsection, paragraph,
sentence, clause, provision or phrase, which shall remain in full
force and effect.
Except in business districts, hotels and motels
shall conform to the following requirements:
A.
Area. The minimum land area per establishment shall
be five acres. For each rental room in excess of 12, this land area
shall be increased by not less than 2,500 square feet.
[Amended 4-22-1996 by L.L. No. 1-1996]
B.
Frontage. The minimum frontage per establishment shall
be 400 feet.
C.
Front yards. There shall be a minimum front yard of
150 feet into which there shall be no encroachment of automobile parking
and of structures other than a fence, wall or sign not larger than
20 square feet and no other encroachment of commercial usage.
D.
Side and rear yards. No structure shall be placed
closer to a side or rear property line than 50 feet and no automobile
parking shall be placed closer to a side or rear property line than
25 feet.
[Added 8-13-2007 by L.L. No. 6-2007]
Laboratories, scientific, research and testing
and manufacturing which does not constitute a nuisance are considered
light industrial uses and are subject to the standards and requirements
of this section. Storage of flammable materials, as a primary use,
is also subject to the requirements of this section.
A.
Entrances and exits upon public streets.
(1)
Spacing. The distance between the center line of any
entrance to or exit from a lot on which a light industrial use is
located shall not be less than 100 feet from the center line of the
entrance to or exit from any adjacent lot, unless a shared ingress/egress
is proven to be more efficient in accessing the lot.
(2)
Width. No entrance or exit shall have a width greater
than 50 feet, unless, in the case of a shared ingress/egress, a greater
width is required.
(3)
Location. The center line of any entrance or exit
shall not intersect a public street less than 70 feet from the intersection
of any other street.
B.
Performance standards for light industrial uses. No light industrial use shall be established or maintained unless it complies with the performance standards in this Subsection B and other applicable sections of this chapter. Consistent compliance with these standards shall be a requirement for continuance of any permit and certificate of occupancy.
(1)
Noise. Sound levels shall be determined at the property
line of the lot from which the noise is emitted. Sound measurements
shall be accomplished through a sound-level meter having an A-weighted
filter constructed in accordance with the specifications of the American
National Standards Institute. Sound measurements shall not exceed
60 decibels during the hours of 7:00 a.m. to 8:00 p.m. and shall not
exceed 50 decibels during the hours of 8:00 p.m. to 7:00 a.m. The
following uses and activities shall be exempt from these noise regulations:
(a)
Temporary construction noises between the hours
of 7:00 a.m. and 6:00 p.m.
(b)
Transient noises from moving sources, such as
trucks, automobiles and railroads, except that trucks and other vehicles
used for the daily operation of the light industrial uses shall comply
with the noise performance standards.
(c)
Noises from safety signals, warning devices
and emergency pressure relief valves.
(2)
Vibration. Earthborn vibrations from any industrial
operation, equipment or process shall not constitute a nuisance or
create any noise impacts that are discernible at any lot line. The
method of measurement for earthborn vibrations shall be a three-component
measuring system approved by the Town Engineer. No activity shall
cause or create a steady state or impact on any lot line with a vibration
displacement by frequency bands in excess of that indicated in the
following table:
|
Frequency
(cycles per second)
|
Vibration Displacement, Steady-State
(inches)
|
Impact
| |
|---|---|---|---|
|
Under 10
|
.0005
|
.0010
| |
|
10 to 19
|
.0004
|
.0008
| |
|
20 to 29
|
.0003
|
.0006
| |
|
30 to 39
|
.0002
|
.0004
| |
|
40 and over
|
.0001
|
.0002
|
(3)
Smoke. The density of smoke and other atmospheric
pollutants, such as dirt, dust or fly ash, shall be measured by the
Ringelmann Smoke Chart as published by the United States Bureau of
Mines. No person, firm or corporation shall permit the emission of
smoke or any other atmospheric pollutant which exceeds the density
or the equivalent opacity of No. 1 on the Ringelmann Chart, as measured
at the point of emission, for a period or periods aggregating more
than four minutes in any one hour. The emission of smoke or any other
atmospheric pollutants shall not be permitted if it is in any way
detrimental to the public health or safety or is a source of damage
to property.
(4)
Odor. No person, firm or corporation, excluding farms
and farm operations, shall permit the emission of any offensive odor
at the property line of the lot from which the odor is emitted. No
noxious, toxic or corrosive fumes or gases shall be emitted into the
air so as to endanger the public health or safety or create a reduction
in the value or reasonable use of any other lot.
(5)
Particulate matter. No person, firm or corporation
shall permit the emission of any particulate matter from any source
to exceed one pound per hour per acre of lot area. The emission of
particulate matter from all sources within any lot area containing
more than 10% of particles having a diameter larger than 44 microns
is prohibited.
(6)
Explosive materials. The manufacture of flammable
solids or flammable gases or liquids and materials capable of being
detonated is prohibited.
(7)
Wastes. No offensive wastes shall be discharged or
dumped into any river, stream, watercourses, storm drain, pond, lake
or wetland. No offensive wastes shall be discharged or dumped into
any land unless legally authorized. No accumulation of solid wastes
conducive to the breeding of rodents or insects shall be permitted.
(8)
Water resources. Uses which are harmful to surface
or ground water resources shall be prohibited. Activities or materials
within a two-hundred-foot radius of a public water supply shall be
strictly limited in order to protect surface and ground water quality.
(9)
Landscaping. The required front yard areas shall not
be used for storage or parking, but shall be lawn or landscaped or
have a natural vegetated buffer. The side yards shall be lawn or landscaped
or have a natural vegetated buffer back to the rear building line.
The side and rear yards shall include a fifty-foot-wide landscaped
or natural vegetated buffer of a sufficient height at the time of
planting to provide visual and sound screening for adjacent properties.
(10)
Lights. All exterior lighting in connection
with all buildings, signs or other uses shall be directed away from
adjoining streets and properties and shall not cause any objectionable
glare observable from these areas. No use shall produce glare so as
to cause illumination beyond the property on which it is located in
excess of one footcandle. Hours of lighting may be limited by the
Planning Board in acting on any site plan for light industrial uses.
C.
General considerations.
(1)
Traffic access. All proposed traffic accessways shall
be adequate but not excessive in number, adequate in width, grade
and alignment and visibility, and sufficiently separated from street
intersections and other places of public assembly, and shall meet
other similar safety considerations.
(2)
Parking. Adequate off-street parking and loading spaces shall be provided in accordance with § 200-38, to prevent parking in public streets of the vehicles of any persons connected with or visiting the use. Shared parking is encouraged where the peak parking demands of different uses occur at various times of the day. Use of a widely accepted means of projecting demand for shared use, such as the Urban Land Institute's Shared Parking Report, shall be used to demonstrate shared parking effects.
(3)
Circulation. The interior circulation system shall
be adequate to provide safe accessibility to all required off-street
parking, and to provide for the convenience and safety of vehicular,
pedestrian, and bicycle movement within the site and in relation to
adjacent areas or roads.
(4)
Landscaping and screening. All parking and service
areas shall be reasonably screened at all seasons of the year from
the view of adjacent residential lots and streets, and the general
landscaping of the site shall be in character with that generally
prevailing in the neighborhood. Existing trees 12 inches or more in
diameter at breast height (dbh) shall be preserved to the maximum
extent practical.
(5)
Character and appearance. The character and appearance
of the proposed use, buildings, structures, outdoor signs and lighting
shall be in general harmony with the character and appearance of the
surrounding neighborhood and that of the Town of Milan.
(6)
Historic and natural resources. The proposed use shall
be designed and shall be carried out in a manner that protects historic
and natural environmental features on the site under review and in
adjacent areas.
(7)
Level of service. The level of services required to
support the proposed activity or use shall be available to meet the
needs of the proposed activity or use. This consideration shall include
the suitability of water supply and sanitary sewage facilities to
accommodate the intended use, and protection from pollution of surface
or groundwater.
(8)
Emergency services. All proposed buildings, structures,
equipment and/or material shall be readily accessible for fire, police,
and other emergency service protection. All plans shall be reviewed
and approved by the appropriate police department, fire district and
emergency service provider to ensure such accessibility.
(9)
Additional safeguards and conditions. The Planning
Board shall impose additional conditions and safeguards upon the use
as may be reasonably necessary to assure continual conformance to
all applicable standards and requirements, including reasonable assurance
that these conditions and safeguards can be responsibly monitored
and enforced. Such safeguards and conditions may include a provision
that revokes the special use permit under any of the following circumstances:
(a)
The use terminates for a period of one year.
(b)
There has been a false statement or misrepresentation
as to a significant material fact in the application for a special
use permit or the site plans, or specifications on which the granting
of the special use permit was based.
(c)
The site plan, as approved by the applicable
reviewing agency, has not been completed within the time frame granted
by the applicable reviewing agency, inclusive of all extensions.
(10)
Environmental consideration. The proposed use
shall not have a significant adverse environmental impact as defined
by the New York State Environmental Quality Review Act (SEQR).
(11)
Uses in or adjacent to a residence district
or residential use. In addition to the above criteria, in the case
of any use located directly adjacent to a residence district or residential
use:
(a)
The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, the size of the site in relation to the use, its site layout
and its relation to existing and future access streets shall be such
that both pedestrian and vehicular traffic to and from the use and
the assembly of persons in connection therewith will not be hazardous
or conflict with the normal traffic of the neighborhood; and
(b)
The location and height of buildings, the location,
nature and height of walls and fences, and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings.
D.
Conflict with other provisions. If any part of this
section is found to be in conflict with any provision of any other
local law or ordinance of the Code of the Town of Milan, the provision
which establishes the stricter standard shall prevail.
A.
No provisions of this chapter shall prohibit or regulate the keeping of dogs as household pets. Commercial kennels and private kennels are defined in Article II of this chapter.
B.
No commercial kennel shall be established within 200
feet of a developed residential parcel of land. It is recommended
that a vegetated buffer or fence be provided around the commercial
kennel.
A.
Intent. It is the intent of these regulations to encourage the provision of affordable housing in a residential environment by permitting the use of Class A mobile homes, as defined in Article II. Class A mobile homes shall be subject to the requirements of this section to ensure acceptable similarity in exterior appearance between mobile homes and other dwellings permitted on adjacent lots in the same zoning district.
B.
Districts. Mobile homes approved as Class A are permitted on individual lots in the A5A, A3A and R2A Zoning Districts. Mobile homes shall comply with all requirements with respect to the area and bulk regulations of the underlying zoning district unless variances are granted for any nonconforming conditions, and the additional requirements of this section. This section shall in no way be construed as authorization to build a mobile home development as defined in Article II, and as set forth in § 200-35, of this chapter.
[Amended 6-11-2003 by L.L. No. 1-2003; 10-12-2004 by L.L. No.
8-2004]
C.
Appearance standards. The following standards shall
be used in determinations of acceptable similarity in appearance between
mobile homes and site-built residences. In addition to meeting the
following specific standards, no mobile home shall have openings or
other features that would be incompatible in a residential neighborhood
in which most residences are site built.
(1)
Minimum width. The minimum width of the main body
of the mobile home as assembled on the site shall not be less than
12 feet, as measured across the narrowest portion.
(2)
Minimum length. The minimum length of the main body
of the mobile home as assembled on the site shall not be less than
60 feet as measured along the shortest portion.
(3)
Roof pitch. The pitch of the main roof shall not be
less than one foot of rise for each four feet of horizontal run.
(4)
Roofing material. Any roofing material may be used
that is generally acceptable for site-built housing, if such material
is applied in such a manner as to be similar in appearance.
(5)
Exterior finish. Any materials that are generally
acceptable for site-built housing may be used for exterior finish
if applied in such a manner as to be similar in appearance with site-built
housing.
(6)
Orientation on the site. Refer to subsections regarding lot dimensions in Article IV, District Regulations, for the applicable zoning district. Additions to the main body of the mobile home such as living rooms, recreation rooms or utility rooms, but excluding carports or garages, may be included for the purpose of determining lot dimension.
(7)
Minimum floor area. The minimum floor area of the
mobile home shall be 720 square feet. Such measurement shall not include
any additions of any kind.
(8)
Skirting or visible foundation. All mobile homes shall
be placed on a continuous masonry foundation which shall completely
enclose the underportion of the mobile home.
D.
Procedures.
(1)
Applications for approval of mobile homes on individual lots shall be submitted to the Zoning Enforcement Officer, along with the appropriate permit fee as specified by the Town Board. In addition to such information as is generally required for permits, mobile home applications shall included all information necessary to make determinations as to the home's conformance with Subsection C, including elevations or photographs of all sides of the mobile home, exterior dimensions, roof slopes and exterior finish. Where skirting or visible foundation treatments to be used appear on the Zoning Enforcement Officer's list of acceptable treatments, detailed specifications or descriptions of such treatments shall not be required. Where it is proposed to use other visible skirting or visible foundations, specifications or descriptions in sufficient detail for determination shall be submitted to the Zoning Enforcement Officer.
(2)
Within 30 days of receipt of a complete application
and all required supporting materials, the Zoning Enforcement Officer
shall make the determination as to conformity with this section and
all other applicable regulations and shall notify the applicant of
approval, conditional approval or denial of the application. Conditional
approval shall be granted only where the conditions and reasons are
stated in writing and agreed to by the applicant. Any such conditions
shall be binding on the applicant. In case of denial, the reasons
shall be stated in writing by the Zoning Enforcement Officer and submitted
to the applicant.
E.
Non-Class A mobile homes. A mobile home not meeting
the standards of this section or otherwise defined as a non-Class
A mobile home, shall not be installed, built or moved onto a lot in
the Town of Milan after the effective date of this chapter.
F.
Nonconforming mobile homes. Any mobile home existing
prior to the effective date of this chapter may remain. However, in
the event that the mobile home is destroyed, damaged or moved off
site, it may not be replaced with any mobile home that does not conform
to this or other applicable regulations.
A.
Intent. It is the intent of this section to ensure
that mobile home developments are located, designed and improved so
as to provide a desirable residential environment; provide protection
against adverse environmental impacts; retain safe access for vehicular
traffic both to and from the site and in the surrounding neighborhoods;
and provide amenities and accessibility similar to that of other types
of residential development. The creation of a mobile home development
shall be the principal method of achieving the intent of this section.
B.
Districts. A mobile home development, as defined in Article II, is permitted within the R5A and A3A Zoning Districts in conformance with this section and all other applicable sections of this chapter.
C.
Dimensional requirements. The following dimensional
requirements apply to the overall development, except where noted,
and apply only to developments where mobile homes are the only type
of housing to be built; developments using conventional housing types
shall comply with the regulations of the underlying zoning district:
(1)
Minimum gross acreage: 20 acres.
(2)
Minimum frontage on an existing state, County or Town
roadway: 200 feet.
(3)
Maximum density: two units per acre after subtracting
required open space.
(4)
Development setback: must be in compliance with § 200-12, Table B, Schedule of Area and Bulk Regulations.[1]
[Amended 4-22-1996 by L.L. No. 1-1996]
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
(5)
Setbacks for individual units: no unit shall be placed
closer than 35 feet to another unit and 20 feet to any internal roadway
within the mobile home development.
(6)
Minimum lot size per unit: 6,000 square feet.
(7)
Maximum lot coverage per unit per lot, including all
accessory structures: 40%.
D.
Standards. In approving a mobile home development,
the Planning Board shall ensure that the following standards are met:
(2)
Landscaping. Mobile home developments shall include
a landscaped buffer area of 40 feet in width around the entire perimeter
of the development. Such landscaping shall be sufficient to provide
a visual and sound buffer for adjacent properties. In addition, the
development shall be designed to take advantage of existing vegetation.
Specimen trees, hedgerows or other areas of significant groupings
of vegetation shall be integrated into the design of the development.
(3)
No part of any lot for a mobile home development or
a mobile home itself shall be located within a New York State designated
wetland, official floodplain as mapped by the Federal Emergency Management
Agency (FEMA) or on slopes that exceed 25%.
(4)
Off-street parking. Off-street parking requirements
shall be the same as for single-family dwelling units. Required off-street
parking spaces may be provided in common areas located within a reasonable
distance of the units they are intended to serve.
(5)
Internal roadways. All roadways in a mobile home development
shall comply in all ways to the Town of Milan Highway Specifications
and Subdivision Regulations.[2] New roads that are designed to serve a limited number
of units may be built to rural lane specifications at the discretion
of the Planning Board.
(6)
Outdoor living area. An outdoor living area shall
be provided on each lot equal to at least 10% of the lot area, provided
that in no case shall such area be less than 300 square feet or required
to be more than 500 square feet. The minimum dimension of such area
shall be not less than 15 feet.
(7)
Provisions for sanitary services. Each mobile home
development shall provide sanitary conveniences, service and utilities,
including water supply, sewage disposal and garbage disposal in keeping
with the following:
(a)
A sufficient supply of potable drinking water
approved by the Dutchess County Health Department shall be provided
for each unit.
(b)
Wastes from each unit shall be wasted into a
public sewer system in a manner approved by the Dutchess County Health
Department. Where a public sewer system is not feasible individual
septic tanks and fields may be approved.
(c)
Appropriate provision shall be made to ensure
that refuse is collected from individual units at least once each
week. Where common refuse disposal facilities are to be provided,
proper screening, including a solid fence or landscaping, shall be
provided and maintained.
(8)
Storage. A storage space within a unit shall be provided
in an amount equal to at least eight (80) square feet for each mobile
home.
(9)
Service facilities. All service buildings and the
grounds of the park shall be maintained in a clean, sightly condition
and kept free of any condition that will menace the health of any
occupant or the public or constitute a nuisance. The Planning Board
may seek written assurance from the development developer that this
will be accomplished.
(10)
Utilities. To the extent practicable, all utilities
shall be placed underground.
(11)
Number of dwelling units per lot. No more than
one mobile home shall be permitted per mobile home lot.
E.
Procedures. A mobile home development shall require special use permit and site plan approval. The provisions of Articles VIII and IX shall apply. Approvals for site plan and special use permit should be done concurrently. The Planning Board shall ensure, by means of a note on the site plan and/or other appropriate document, that said parcel(s) is to be used exclusively for the development of mobile home units and that no other types of units may be constructed. In addition, the applicant for a mobile home development shall provide the following:
(1)
A plan showing the boundaries, entrances and exits,
walkways, parking areas and home sites of the development.
(2)
A plan and description of the method of sewage disposal.
(3)
A plan and description of the method of water supply.
(4)
A plan and description of the method for garbage disposal.
(5)
A plan for electric lighting.
(6)
A landscaping plan, including vegetated buffers along
the property lines.
(7)
Owner's and operator's name and address where applicable.
(8)
Where applicable condominium association documents,
lease, co-op or rental terms, prospectus, easements, maintenance agreements
and other information pertaining to any property that will be either
owned or used in common.
(9)
Additional information as required by the Planning
Board.
F.
License.
(1)
For new mobile home developments, prior to the placement
of any mobile home or the issuance of a building permit by the Zoning
Enforcement Officer for the construction of any mobile home unit,
the owner or operator of the mobile home development shall apply to
the Town Clerk for a license to operate a mobile home development.
For mobile home developments operated by a homeowners' association
or similar arrangement, the association or its duly authorized agent
shall apply for the license. Application for mobile home license shall
include:
(a)
Name, address and telephone number(s) of owner
or, in the case of an association, the duly authorized representative
and identification of the property by the grid number on the tax maps.
(b)
All documents relating to the maintenance and
ownership of common facilities and the nature of ownership of the
individual lots.
(c)
An approved site plan for mobile home development,
if one is not already on file with the Town Clerk.
(d)
A license fee as set by the Town Board.
(2)
Provided that all required documents are valid and
in order and the relevant fees have been paid, the Town Clerk shall
issue a license to operate the mobile home development for a period
of two years.
(3)
Prior to the expiration of any license to operate a mobile home development or when there is a change in ownership or type of ownership of the mobile home development, the owner, association or duly authorized representative shall apply to the Town Clerk for license renewal which shall be valid for a period of two years. Any changes in the information contained in materials required under Subsection A shall be submitted with application for license renewal. No fee shall be required for a license renewal. Subsequent licenses shall be renewable in two-year increments in accordance with the procedures herein.
(4)
Failure to comply with this section or any other laws
applying to mobile home developments shall constitute grounds for
suspension of a license to operate a mobile home development and shall
be cause for the Zoning Enforcement Officer or the Town Board to institute
proper legal proceedings.
[Added 11-15-2021 by L.L. No. 2-2022]
A.
Purpose.
(1)
Milan citizens have spoken clearly about how they see the future
of their Town; they have talked about protecting the rural residential
quality of life and the desire to keep Milan housing affordable and
accessible to residents. Short-term rentals have changed the character
of neighborhoods and reduced the affordability that longer-term rentals
provide. The following provisions are offered to protect Town residents
and still provide opportunities for income.
(2)
The purpose of this section is to establish a set of regulations
applicable to publicly advertised short-term rentals of residential
property. These regulations are in addition to all other provisions
of this chapter. The following shall apply in addition to all other
regulations with respect to short-term rental, hosted, and short-term
rental, unhosted, dwellings.
B.
Operation requirements and standard conditions for all short-term
rentals:
(1)
A short-term rental shall be limited to the primary residence.
(2)
The owner shall complete and sign the short-term rental application
form approved by resolution of the Town Board.
(3)
The owner is required to ensure that the unit being offered for short-term
rental is maintained to the standards of the New York State Uniform
Code and the Town Code, and said owner remains liable for violations
thereof regardless of any contract or agreement with any third party
regarding such rental unit.
(4)
The owner shall limit overnight occupancy of the rental unit to a
specific number of occupants, with the maximum number of overnight
occupants not to exceed two persons per bedroom. The owner shall also
limit the total daytime occupancy of the rental unit to a specific
number of occupants not to exceed twice the maximum number of overnight
occupants.
(5)
During the term of any short-term rental, the owner, or his or her
authorized local agent, shall be available at all times for the purpose
of responding to complaints regarding the condition, operation, or
conduct of occupants of the rental units and must respond within two
hours when notified that occupants are violating laws or rules regarding
their occupancy in order to prevent reoccurrence. Failure of the owner,
or his or her authorized local agent, to respond to calls or complaints
regarding the condition, operation, or conduct of occupants of the
rental unit within two hours will be grounds for imposition of penalties
as set forth in this chapter, in addition to the immediate revocation
of the short-term rental permit. It is not intended that the owner,
or his or her authorized local agent, act as a peace officer or place
himself or herself in a dangerous situation.
(6)
The owner shall use reasonably prudent business practices to ensure
that the occupants and/or guests of the rental unit do not create
unreasonable noise or disturbances, engage in disorderly conduct,
or violate any provision of the Town Code or any state law.
(7)
For each short-term rental, prior to occupancy by a renter, the owner
or owner's local agent shall obtain the name and address of the responsible
person for the rental. The owner or owner's local agent shall maintain
this information for one year and have the information readily available
on request of the Zoning Enforcement Officer, who is responsible for
the enforcement of this chapter.
(8)
The owner of the rental unit shall post a copy of the short-term
rental certificate and a copy of this chapter of the Town Code in
a conspicuous place within the rental unit and shall provide each
responsible person with the following information prior to occupancy
of the unit.
(a)
The names of the authorized local agent and owner of the unit
with telephone numbers where these parties can be reached on a twenty-four-hour
basis;
(b)
The maximum number of overnight occupants permitted to stay
in each rental unit and maximum number of daytime occupants allowed
in the rental unit and on the property;
(c)
Notification that failure to conform to the occupancy requirements
of the rental unit is a violation of this chapter;
(d)
The trash pickup day and applicable rules and regulations pertaining
to leaving or storing trash or refuse on the exterior of the property;
(e)
Applicable rules pertaining to pets; and
(f)
Notification that the responsible person may be cited or fined
by the Town and/or immediately evicted by the owner pursuant to state
law, and, in addition to any other remedies available at law, for
creating a disturbance or for violating any provision of this chapter.
C.
Short-term rental certificate. All short-term rentals shall require
a short-term rental certificate as described below:
(1)
An owner must apply for the short-term rental certificate from the
Zoning Enforcement Officer using the application form provided by
the Town and pay the application fee set by resolution of the Town
Board. A short-term rental certificate approving the use of a short-term
rental unit must be issued by the Zoning Enforcement Officer prior
to utilizing any short-term rental unit.
(2)
A short-term rental certificate is effective for one year from the
date of issuance.
(3)
A short-term rental certificate issued under this section shall require
renewal by the Zoning Enforcement Officer no later than the anniversary
of such issuance, if the property is to continue to be operated as
a short-term rental. The owner must request the renewal in writing
from the Zoning Enforcement Officer at least 90 days prior to such
anniversary. Failure to do so may result in the lapse of the short-term
rental certificate. Within 30 days after receipt of a renewal request,
the Zoning Enforcement Officer shall review whether the short-term
rental is in compliance with the terms of its short-term rental certificate.
The Zoning Enforcement Officer shall have the discretion to renew,
amend, or deny the renewal of the short-term rental certificate for
good cause shown, which may include considerations of violations of
the Town Code at the short-term rental unit as well as considerations
of noise, disorderly conduct, or public safety at the short-term rental
unit. No short-term rental shall be permitted at any time when a valid
short-term rental certificate is not in effect.
(4)
Within 60 days after the effective date of this section, the owners
of the primary residence being operated as a short-term rental on
such effective date shall submit to the Zoning Enforcement Officer
an application for a short-term rental certificate.
(5)
If the owner of a primary residence in the Town of Milan has short-term
rentals on the property of the primary residence or owns an additional
property therein on which he or she has a short-term rental on the
effective date of this legislation and is not using their primary
residence as a short-term rental, said owner may continue the nonconforming
accessory use of the additional property as a short-term rental, provided
the owner submits proof satisfactory to the Zoning Enforcement Officer
showing short-term rental of the property during the 90 days prior
to the effective date of this section. Applications to continue this
nonconforming use, subject to the terms of this chapter, must be made
within 60 days of the effective date of this section. If the short-term
rental certificate lapses on a nonprimary residence short-term rental,
then that nonconforming use has lapsed and cannot be re-established
under the nonprimary residence condition.
(6)
In addition to the required application fee, a renewal fee shall
be paid to the Town in an amount to be set by resolution of the Town
Board. The failure to pay required fees shall be a violation of this
section.
(7)
A short-term rental certificate shall include the following:
(a)
The name, address, email, and phone number where the owner of
the short-term rental unit can be reached on a twenty-four-hour basis.
(b)
The name, address, email, and phone number where the authorized
local agent of the owner of the short-term rental unit can be reached
on a twenty-four-hour basis, if different from the owner.
(c)
The street address of the rental unit, the number of bedrooms
in the rental unit, the maximum number of overnight occupants, limited
to two persons per bedroom, and maximum number of daytime occupants,
limited to two times the number of overnight occupants of the short-term
rental, acknowledgement that all designated bedrooms meet the requirements
of the Town Code and Uniform Code, and acknowledgement that the local
agent and owner have read all regulations pertaining to the operation
of a short-term rental.
(d)
Copies of a current Dutchess County hotel occupancy tax certificate.
(e)
Signatures of the owner of the primary residence and, if applicable,
their authorized local agent.
(8)
A short-term rental certificate shall terminate upon the sale or
transfer of ownership of the property.
D.
Parking. One off-road parking space, not located on the property's
lawn or vegetated area, must be provided per bedroom intended for
short-term occupancy. No parking lots or parking areas shall be closer
than 20 feet to any residential property line.
E.
Advertising. All advertising, including advertising on reservation
websites, for a short-term rental shall include the following:
(1)
The maximum number of overnight occupants permitted to stay in each
short-term rental unit, and maximum number of daytime occupants allowed
in the rental unit and on the property.
(2)
Notification that occupants and/or their guests are required to comply
with the Code of the Town of Milan.
(3)
A summary of the general rules of conduct, including a statement
that the Town of Milan is a residential community and any unreasonable
noise or disturbances, disorderly conduct, or violations of the Town
Code will not be tolerated and may result in citation, fines, and/or
revocation of the short-term rental certificate.
(4)
The Town of Milan registration number for the unit.
B.
The following shall apply in addition to all other
regulations of the Town of Milan with respect to multiple dwellings:
(1)
Height. No multiple dwelling shall exceed two stories
in height, nor shall it exceed a maximum overall height of 35 feet.
(2)
Residential density. For the first group of dwelling
units, the number of dwelling units per acre shall not exceed that
permitted in the underlying district. For additional units over the
first group of dwelling units, at least one acre per dwelling unit
shall be required.
(3)
Area, yard and coverage provisions. All provisions
applicable to the district in which the multiple dwellings will be
located that are not inconsistent with the provisions of this section
shall apply. Side yard setbacks shall apply to the sides of any group
of attached or semidetached buildings.
(4)
Automobile parking space shall be provided to accommodate not less than two cars per each dwelling unit, and none of such automobile parking spaces shall be located between the front building line and the public highway, notwithstanding the provisions of § 200-38. Required parking may be located off site, provided that it is within 500 feet of any dwelling unit that the parking is intended to serve.
(5)
For units containing less than three bedrooms, the
Planning Board shall have the authority to reduce to one the number
of required parking spaces per dwelling unit, where it can be shown
that fewer spaces are required.
(6)
Individual dwelling units shall not be smaller than
the following minimum square footage requirements:
|
Dwelling Type
|
Minimum Square Footage
|
|---|---|
|
Studio
|
300
|
|
1-bedroom
|
450
|
|
2-bedroom
|
550
|
|
3-bedroom
|
750
|
|
Additional square footage required for each
additional bedroom
|
150
|
(8)
A vegetative buffer along any side or rear lot (along
the entire length of the lot line) shall be provided where any structure
within a multiple-dwelling development is located within 200 feet
of any other building not within the multiple-dwelling development.
Such buffer shall measure at least 25 feet in width and shall be planted
with trees or shrubs to grow at least six feet in height.
(9)
All provisions of the Multiple Residence Law of the
State of New York and this chapter shall be applicable for multiple
dwellings.
[Amended 4-22-1996 by L.L. No. 1-1996]
[Amended 4-22-1996 by L.L. No. 1-1996; 6-11-2003 by L.L. No.
1-2003]
A.
Purpose. The purpose of the off-street parking and
loading regulations is to ensure that such uses are treated as accessory
uses, that they do not predominate the site, are placed to the side
and rear of buildings to minimize their visibility, and feature quality
landscaping to reduce the visual impact of glare, headlights, and
parking lot lights from roadways and neighboring properties. Off-street
parking areas, as promulgated hr the National Parking Association,
should complement the buildings on a site, improve the appearance
of the Town of Milan, protect the character of residential, business,
institutional, and industrial areas, and conserve the value of land
and buildings on surrounding properties.
(1)
Permitted accessory uses. Off-street parking spaces,
open or enclosed, are permitted accessory to any use, subject to the
provisions of this section. Off-street loading berths, open or enclosed,
are permitted accessory to any use except residences for one or two
families. No off-street loading berth shall be located in a front
yard.
(2)
Schedule of requirements.
(a)
Accessory off-street parking and loading spaces,
open or enclosed, shall be provided for any lot as specified below.
Any land which is developed as a unit under single ownership and control
shall be considered a single lot for the purpose of these regulations.
[Amended 8-13-2007 by L.L. No. 6-2007; 11-15-2021 by L.L. No. 2-2022]
|
Table of Uses and Parking Space Requirements
| ||||
|---|---|---|---|---|
|
Use
|
Parking Spaces Required
|
Loading Spaces Required
| ||
|
Residential
| ||||
|
Accessory/secondary dwelling unit
|
1 / dwelling unit
|
None
| ||
|
Alternative care facility
|
0.33 / resident
|
One
| ||
|
Bed-and-breakfast
|
1 / unit or room, plus
|
None
| ||
|
2 for owners/managers
| ||||
|
Day-care facility
|
1 / employee, plus 0.1 space per person of licensed
capacity enrollment, plus drop-off spaces equal to one for each eight
enrollees permitted
|
None
| ||
|
Home occupation
|
1 / 500 square feet GFA devoted to the home
occupation
|
None
| ||
|
Hotel/Motel
|
1 / sleeping room or unit, plus any spaces required
for restaurant and meeting rooms, plus 1 space for each 4 employees
on the peak activity shift
|
As required for restaurant and meeting rooms
| ||
|
Multiple dwellings:
| ||||
|
Studio
|
1.25 / dwelling unit
|
None
| ||
|
1 bedroom
|
1.5 / dwelling unit
| |||
|
2 or more bedrooms
|
2 / dwelling unit
| |||
|
Nursing or convalescent home
|
0.33 / resident
|
One
| ||
|
Short-term rental
|
1 / bedroom
|
None
| ||
|
Single-family dwelling unit
|
2 / dwelling unit
|
None
| ||
|
Two-family dwelling unit
|
1.5 / 1-bedroom unit, plus 2 / 2-bedroom unit
|
None required for the first 25 units; thereafter
1 space for every 100 units per building
| ||
|
Retail
| ||||
|
Convenience retail
|
4 / 1,000 square feet GFA
|
Same as general retail
| ||
|
General retail
|
3.3 / 1,000 square feet of GFA
|
None for the first 10,000 square feet of GFA,
then 1/30,000 square feet up to 65,000 square feet
| ||
|
Hard goods retail
|
2.5 / 1,000 square feet GFA interior sales space,
plus 1.5 / 1,000 square feet interior storage
|
Same as general retail
| ||
|
Motor vehicle sales and service
|
2.5 / 1,000 square feet GFA interior sales space
plus 1.5 / 1,000 square feet of external display (does not include
stock areas closed to the public), plus 3 / service bay
|
Same as industrial
| ||
|
Other retail/service uses
|
As determined by the Planning Board
|
Same as general retail
| ||
|
Personal service business
|
2 / treatment station, but not less than 4 /
1,000 square feet GFA
|
None
| ||
|
Roadside stand selling agricultural and nursery
products
|
4 / 1,000 square feet GFA
|
None
| ||
|
Service retail
|
2.4 / 1,000 square feet GFA
|
Same as general retail
| ||
|
Food and Beverage
| ||||
|
Eating and drinking business
|
12 / 1,000 square feet GLA, plus any spaces
required for banquet and meeting rooms
|
1/30,000 square feet GLA
| ||
|
Restaurant
|
16 / 1,000 square feet GLA for kitchen, serving
counter and waiting area, plus 0.5 / seat provided
|
With indoor seating area, one; with no seating
area, none
| ||
|
Office/Business Services
| ||||
|
Business and professional offices
|
3.6 / 1,000 square feet GLA for GFA up to 30,000
square feet; 3 / 1,000 square feet GLA for buildings with GFA over
30,000 square feet
|
None for the first 30,000 square feet GFA, then
1 thereafter
| ||
|
Funeral homes
|
1 / 3 persons accommodated at capacity, plus
one per 2 employees
|
1 / chapel, which shall be 10 feet wide, 20
feet long, and 7 1/2 feet high
| ||
|
Medical offices and clinics
|
6 /1,000 square feet GFA for GFA up to 5,000
square feet; 5.5 / 1,000 square feet GLA for buildings with GFA over
5,000 square feet
|
None for the first 30,000 square feet GFA, then
1 thereafter
| ||
|
Industrial
| ||||
|
Manufacturing
|
2 / 1,000 square feet GFA, plus any required
spaces for offices, sales, or similar use or as special conditions
may require
|
1 / 10,000 square feet up to 50,000 square feet
GFA, plus one for each 50,000 square feet thereafter
| ||
|
Institutional/ Recreational
| ||||
|
Clubs
|
1 / 1,000 square feet GFA but not less than
1 / 5 seats
|
None
| ||
|
Hospitals or sanitariums
|
0.4 / employee plus, 1/3 beds, plus 1 / 5 average
daily outpatient treatments, plus 1 / 4 members of medical staff
|
1 / 100,000 square feet GFA
| ||
|
Institutions of higher learning, public libraries,
museums, state- accredited private schools
|
To be established by the Planning Board based
on a study of parking needs prepared specifically for the subject
institution
|
To be established by the Planning Board based
on a study of parking needs prepared specifically for the subject
institution
| ||
|
Nursery school
|
1 / employee, plus 0.1 / person of capacity
enrollment, plus drop-off spaces equal to one for each 8 enrollees
permitted
|
None
| ||
|
Place of public assembly
|
0.25 / person in permitted capacity
|
1 / 100,000 square feet GFA
| ||
|
Recreational facility
|
0.33 / person in permitted capacity
|
1 / 100,000 square feet GFA
| ||
(b)
Reasonable and appropriate off-street parking
and loading requirements for structures and uses which do not fall
within the categories listed above shall be determined by the Planning
Board upon consideration of all factors entering into the parking
needs of each such use.
(c)
EMPLOYEE
GROSS FLOOR AREA (GFA)
GROSS LEASABLE AREA (GLA)
[1]
[2]
[3]
[4]
OFF-STREET PARKING FACILITY
[1]
[2]
[3]
Definitions. As used in this chapter, the following
definitions shall govern the interpretation of the parking regulations.
The uses enumerated and similar uses not specifically defined may
be located as stand-alone facilities (in separate buildings), combined
in buildings generally housing a number of similar uses or located
in mixed-use facilities where a wide range of nonrelated uses may
be combined in a single building, or development complex.
The regular working staff (paid, volunteer or otherwise)
at maximum strength and in full-time equivalent numbers necessary
to operate, maintain or service any given facility or use under normal
levels of service.
The gross floor area, including the exterior building walls,
of all floors of a building or structure. GFA shall include all occupiable
areas minus the following deductions:
The gross floor area minus the following floor area deductions:
Elevator shafts and stairways.
Public rest rooms.
Public lobbies, common mall areas, atriums and
courtyards provided solely for pedestrian access to the building from
the exterior, and/or for aesthetic enhancement or natural lighting
purposes.
Permanently designated corridors (i.e., not
subject to relocation by the requirements of a specific lease).
Parking spaces located in an area other than on a street
or public right-of-way and limited in use to vehicles not exceeding
a gross vehicle weight of three tons or not parked continuously for
periods of more than 48 hours, except in facilities designated for
special uses. Parking facilities include the following subclasses:
SURFACE PARKING LOTA parking facility constructed on prepared grade and without a covering roof or structure.
OPEN PARKING STRUCTUREA parking area or facility, comprising one or more floors as a part or whole of a building, that meets the requirements for natural ventilation as specified by the New York State Building Code.
ENCLOSED PARKING STRUCTUREA parking area or facility comprising one or more doors as a part or whole of a building, that does not meet adopted Building Code requirements for openness.
(d)
Use categories. For the purpose of calculating
parking and loading requirements, uses are defined as follows:
[1]
Cultural/Recreational and entertainment:
[a]
Public-assembly, including art
galleries; auditoriums; community and recreational centers; convention
rooms; ballrooms; meeting rooms and exhibit halls; libraries; museums;
movie and performing arts centers; arenas; funeral homes: churches,
synagogues and mosques; outdoor theaters/festival/drama; and mausoleums.
[b]
Public recreation, including gymnasiums,
health clubs, roller and ice skating rinks, tennis, racquetball, swimming
and other recreational facilities.
[c]
Educational, including grade and
secondary schools, colleges, special education facilities, trade schools,
adult education facilities or testing/research facilities used for
or in conjunction with educational purposes.
[2]
Food and beverage services:
[a]
Restaurant, including restaurants,
lounges, bars and taverns with or without dancing and entertainment
facilities, which provide only seated table service.
[b]
Eating and drinking business, without
a bar or lounge area, which provides food delivered to tables or dining
counters, and only incidental carryout service. Alcoholic beverages
may be served with meals only.
[3]
Governmental:
[a]
Federal, state, County, Town and
municipal buildings of all types and facilities used by public or
quasi-public agencies that serve or assist the public or provide an
accepted public purpose.
[4]
Industrial manufacturing, processing, assembly,
and/or packaging plants of all types.
[5]
Office and business services:
[a]
General business offices, including
accounting; advertising; architectural/engineering/planning; bookkeeping;
business and management consulting; charitable; consumer protection;
corporate credit reporting; data processing; detective services; interior
decorating (without furniture showrooms); legal offices; newspaper
and newspaper distribution; philanthropic or professional membership
business associations; publishing houses (without printing plants);
public relations; religious services; research labs; stenographic
services; syndicator offices; title abstracting; travel agencies and
window cleaning services.
[b]
Financial services offices, including
collection services; commodity or security broker/dealer; currency
exchange; employment agencies; employment services; financial institutions,
including banks, savings and loans, credit unions, with or without
drive-in facilities; general business offices; financial counseling;
income tax preparation; insurance agencies/brokers/service offices;
loan companies; labor unions; public relations; real estate offices;
etc.
[c]
Medical offices, including dentists;
physicians; chiropractors, psychiatrist/psychologist; nonresidential
psychiatric, alcoholic and narcotic treatment centers; dental and
medical laboratories; medical clinics and outpatient surgery/treatment
centers; offices for the fitting and repair of hearing aids, prosthetic
appliances, etc.
[d]
Home occupation offices, including
such services, provided solely by the owner or tenant, as consulting,
accounting, insurance, public relations, tax preparation, legal, stenographic,
planning and design and similar activities.
[6]
Residential uses:
[a]
Single-family dwellings, including
detached houses and duplexes, townhouses, and clustered dwelling units
that may be attached but have separate entrances and/or parking areas
for each unit or common parking areas serving two or more units.
[b]
Multifamily dwellings, including
condominium and apartment buildings with common entranceways and/or
parking areas, for two or more dwelling units.
[c]
Accessory dwelling units, above,
below or on the same floor level as the primary nonresidential use
within the same building, as well as separate dwelling units attached
or adjacent to the primary dwelling unit and on the same parcel of
land and intended for use by dependents, household providers or relatives
of the occupants of the primary residential unit.
[d]
Sleeping rooms, including boarding,
lodging, and bed-and-breakfast in houses, rectories and convents,
and rooms that are rented or used on an individual basis by nonfamily
members.
[e]
Commercial lodging, including hotels,
motels, motor lodges and motor courts.
[f]
Group, convalescent and nursing
homes, where unrelated persons reside under supervision for special
care, treatment, training or other purposes, on a temporary or permanent
basis.
[g]
Day-care centers, where unrelated
persons are cared for during limited periods each day in a supervised
facility.
[h]
Hospitals, including teaching and
specialized medical centers, sanitariums, and residential alcoholic,
psychiatric and narcotic treatment facilities that provide for temporary
or long-term resident patient care.
[7]
Retail/Service uses:
[a]
General retail, including generally
the sale of items such as antiques; art; art supplies; bicycles; books;
camera and photographic supplies; china and glassware; clothing, coin
and stamp; crafts/needlework; discount/mass merchandising; drapery/curtain/window
coverings; dry goods; fabrics and sewing accessories; floor coverings;
furriers and fur apparel; gifts/novelty/souvenirs; hobby; jewelry;
linens/sheets/towels; leather/luggage/suitcases; musical instruments;
optical shops; newspapers and magazines; retail florist (no greenhouse);
paint and wall coverings; pet shops; records/audio/stereo/television;
school and office supplies; secondhand and resale; shoes; small electrical
appliances; specialty; stationery; tobacco; toys.
[b]
Convenience retail, including bakeries
and confectioneries (nonmanufacturing); butchers/meat shops; dairy
products; eggs and poultry; fish and seafood; fruit and vegetables;
frozen desserts (without customer seating tables); grocery/supermarkets;
liquor; laundry/dry cleaning (pickup station only); pharmacy/drug:
film/video rentals.
[c]
Service retail, including drapery
services; direct selling; appliance repair, tool and appliance rentals;
mail order; merchandise vending; printing/copy; shoe repair; pawn
shops; photographic studios; tailoring and dressmaking; upholsterers:
[d]
Hard goods retail, automotive parts
and supplies (without repair facilities); furniture; key and lock;
hardware; wholesale florists; garden supply; greenhouse; nurseries;
truck gardens and orchards; lumber and building supplies; household
appliances; lighting and electrical supplies; pool and patio furniture;
and sales display and showrooms for any building product (including
millwork, cabinets, plumbing, glass and mirror, fencing, swimming
pools/spas/hot tubs, etc.).
[e]
Personal care services, including
barber and beauty shops, cosmetology and cosmetic salons; diet counseling
centers; electrolysis/hair removal salons; and fingernail salons.
[f]
Coin-operated laundry and coin-operated
dry-cleaning facilities, with or without attendant services and/or
a pickup station for outside dry-cleaning service.
[g]
Other retail/service uses, including
animal clinics/hospitals/veterinarian offices; kennels and pounds.
[h]
Temporary retail, including roadside
stands and outdoor markets.
[i]
Motor vehicle sales and service,
including automotive sales; gasoline and/or diesel fuel stations;
automotive rental agency; marine craft sales and service; engine and
motor repair shops; automotive glass/muffler/painting/tire/upholstery/repair
shops, recreational and sports vehicle sales and service.
[j]
Motor vehicle laundries and washing
facilities, including facilities for washing, waxing and cleaning
of vehicles and vehicle components, but expressly prohibiting facilities
or equipment for the repair, overhaul or storage of motor vehicles
or vehicle components.[1]
[1]
Editor's Note: Former Subsection A(2)(d)[8],
Storage/Wholesale/Utility, which immediately followed this subsection,
was repealed 8-13-2007 by L.L. No. 6-2007.
(3)
Areas computed as parking spaces. Areas which may
be computed as open or enclosed off-street parking spaces include
any private garage, carport or other area available for parking, other
than the street or a driveway. A driveway for a one-family or two-family
residence may count as one parking space, other than on a corner lot,
where the visibility at intersections is to be safeguarded.
(4)
Size and location of parking spaces.
(a)
All off-street parking should be located behind
or to the side of the principal building(s), but in no case within
50 feet of the front lot line. Parking spaces shall be screened from
public view to the maximum extent practicable, provided such screening
does not interfere with safety standards for sight distance. Within
the HA and HB Zoning Districts, the Planning Board is authorized to
reduce applicable front yard setbacks to allow placement of buildings
nearer to the street, when parking is provided wholly at the rear
of buildings, and to link the site to the streetfront and sidewalk
systems, whether existing or planned.
(b)
Two hundred fifty square feet shall be considered
one parking space, to provide room for standing area and aisles for
maneuvering. Entrance and exit roadways shall not be computed as parking
space except for one-family and two-family residences as in Subsection
D(3) herein. The minimum stall width shall be nine feet; the minimum
length 18 feet. Provision shall be made at convenience retail facilities
for shopping cart collection areas. Recommended parking dimensions
are shown in the illustration below.[2]
[2]
Editor's Note: The Recommended Parking Dimensions
Diagram is on file in the office of the Town Clerk.
(5)
Access. Unobstructed access to and from a street shall
be provided. Such access shall consist of at least one ten-foot lane
for parking areas with fewer than 20 spaces and at least two ten-foot
lanes for parking areas with 20 spaces or more.
(6)
Drainage and surfacing. All open parking areas shall
be properly drained, and all such areas of over 10 spaces shall be
provided with a suitable surface as specified by the Town Engineer.
(7)
Landscaping.
(a)
In parking lots of one acre or more, at least
15% of the area between the inside perimeter of the parking surface
of the parking area shall be landscaped and maintained with trees,
shrubs and other plant materials, as determined necessary by the Planning
Board. Natural landscaping can count as part of the fifteen-percent
requirement. In all parking lots providing eight or more off-street
parking spaces, a minimum of one canopy tree having a caliper of at
least three inches and 10 shrubs shall be planted for each eight parking
spaces and any additional portion thereof, said tree(s) to be planted
in median dividers, landscape islands or such other locations as may
be determined by the Planning Board to relieve the monotonous expanse
of asphalt and provide shade for parked vehicles.
(b)
The following principles of off-street parking
lot design shall be considered in developing a landscape plan. It
is recognized that each site is different due to topography, the presence
of surface water resources, and other factors such as snow removal.
Therefore, while the use of all principles is encouraged in parking
lot design, each may not be attainable on every site. The Planning
Board remains responsible for determination of which principles shall
be employed on each site.
[1]
Use of native species is highly encouraged since
such species are tolerant of Southeastern New York's climate, generally
disease-resistant, do not create unusual maintenance problems, and
are readily available from local nurseries. Use a variety of tree
species to provide visual interest, to protect against same species
die-out or disease, and be tolerant of road salt. Large-leafed and/or
fruiting trees should be avoided.
[2]
To reduce the visual impact of the parking lot,
provide a ten-foot-wide landscape strip around the perimeter of the
lot, to be planted with shade trees and low shrubs; provide a minimum
of one shade tree every 35 feet of lot perimeter, but not necessarily
at 35 feet on-center. In the judgment of the Planning Board, additional
shade trees and sufficient shrubs may be necessary to effectively
shade/screen the parking lot.
[3]
Break up the blacktop and reduce stormwater
runoff by using bricks, pavers, or textured surfaces for crosswalks.
For uses subject to seasonal fluctuations, establish overflow parking
using pervious surfaces such as cellular concrete blocks where the
interstices of the blocks are filled with earth and planted with grass.
The Planning Board remains responsible for determination of the adequacy
of parking supply demand.
[4]
Divide the rows of parking with planting strips
and trees, averaging a tree every six to 10 spaces. Planting strips
should be a minimum of eight feet in width.
[5]
Provide diamond-shaped tree islands six feet
wide for every four to six parking stalls.
[6]
Reduce visual impacts by breaking up large parking
lots into smaller parking groves and parking courts with a significant
number of shade trees and surrounded by low hedges, stone walls, or
attractive fencing. Avoid more than 10 parking spaces in a continuous
row and more than 60 spaces in any single parking area defined by
landscaping.
[7]
Create large planting islands (over 500 square
feet) to be located throughout the lot and planted with shade trees,
low shrubs, and/or ground cover. These should preferably be located
at the ends of parking rows.
[8]
Provide planting islands between every 10 spaces
to avoid long rows of parked cars. Each of these planting islands
should provide at least one shade tree.
[9]
Landscaping should be used to delineate vehicular
and pedestrian patterns. Clear and legible signs, different color
and texture paving materials, raised or inverted areas, and other
techniques should be used to further direct the flow of both vehicular
and pedestrian traffic within the lot.
[10]
Use existing woodlands, if located on the site,
by preserving as much as possible along the perimeter of the lot.
Provide additional evergreen shrubs if needed.
[11]
At least 25% of the shade trees should be evergreen
type.
[12]
The use of non-plant materials as part of the
landscape plan is encouraged, especially where such materials exist
on the subject site. These materials may include the following: large
landscape-quality boulders, water features, wood or concrete soil-retaining
devices, gravel, concrete garden amenities, and approved mulch materials.
[13]
Lighting should complement the landscaping and
architectural features on the site, should be distinctive and human-scale,
and should avoid excessive glare or wasted light.
[14]
In large parking lots, separate pedestrian walkways
should be provided to allow safe movement within the lots. These facilities
should generally he oriented perpendicular to and between parking
bays. Adjacent to the walks, trees should be planted. Coordinate pedestrian
walkways with access for public transit if available or planned. The
following walkway guidelines also apply:
[a]
One walkway can serve as a collector
for up to four bays of parked cars.
[b]
The walkway should be a minimum
of four feet wide, allowing an additional 30 inches on each side for
overhanging of automobiles.
[c]
All walkways should be raised to
a standard sidewalk height and should be constructed of different
paving material than the parking lot.
[d]
Provide pedestrian and bicycle
amenities such as benches, shade, human-scale lighting, and bicycle
racks.
[15]
All plant material used to landscape parking
lots is to maintained at all times in a living and growing condition.
Assurance shall be in accordance with the landscape requirements found
herein.
[a]
Landscaping shall be installed
with adequate precautions to ensure survival, as shown on the approved
landscape plan, prior to issuance of a certificate of occupancy for
the building or use.
[i]
Landowners shall be responsible
for proper maintenance and care of all landscape treatments approved
by the Planning Board. The Town's Code Enforcement Officer is authorized
to inspect periodically all landscape treatments, including screening,
as approved by the Planning Board or to investigate complaints made
by any official or private citizen concerning the maintenance of such
landscape treatments. If completion of required landscape work is
not practical due to seasonal or weather conditions, the applicant
shall submit assurances to the Town Building Inspector for the completion
of landscaping. The acceptable assurance guaranteeing the completion
of landscaping shall be an irrevocable letter of credit, certified
check, performance bond, or other acceptable assurance, equal to the
cost of the landscaping work, accompanied by written assurance that
such landscaping shall be completed in accordance with an approved
site plan within a specified period of time not exceeding six month
from the due date of occupancy.
[ii]
Required landscaping shall be
maintained in a healthy, growing condition at all times. The property
owner or lessee is responsible for regular weeding, mowing of grass,
irrigating, fertilizing, pruning, and other maintenance of all planting
as needed. Any plant that dies shall be replaced with another living
plant that complies with the approved site plan within 90 days, or
as soon as practical given weather conditions, after notification
buy the Town Building Inspector.
[iii]
A three-year maintenance bond
shall be provided to ensure successful planting.
(8)
Joint facilities, Required parking spaces, open or
enclosed, may be provided in spaces designed to serve jointly two
or more establishments whether or not located on the same lot, provided
that the number of required spaces in such joint facilities shall
not be less than the total required for all such establishments.
(9)
Design standards.
(a)
Parking facilities shall be designed with regard
for orderly management, topography, landscaping, ease of access, and
shall be developed as an integral part of an overall site design.
(b)
Parking spaces shall have wheel stops or curbs
to present injury to trees and shrubs planted in landscaped islands.
(c)
Bicycle parking spaces and racks shall be provided
in an area that does not conflict with vehicular traffic. Designated
van/car pool parking, and other facilities for transportation alternatives
to single-occupancy vehicle use shall be provided wherever practical.
(d)
All above ground loading facilities shall be
oriented to preserve auditory privacy between adjacent buildings,
and shall be screened from public view to the extent necessary to
eliminate unsightliness.
(10)
Screening from residential uses.
(a)
Whenever a parking lot of five spaces or more
abuts the side or rear lot line of a lot in a residence district,
or any land in residential use, said parking lot shall be effectively
screened from such adjoining lot by a substantial wall, fence, or
berm, or a thick evergreen hedge, with a height of not less than six
feet at the time of planting and pruned to a height of not less than
6 1/2 feet. In order to break the visual monotony of a wall when
walls are used, at least one shrub or vine shall be planted abutting
the wall within each 10 feet but not necessarily evenly spaced 10
feet apart. In lieu of the vine or shrub requirement, the Planning
Board may approve a wall having a significant design variation spaced
at intervals of not more than 20 feet.
(b)
Whenever a parking lot is located across the
street from land in any residence district, or any land in residential
use, it shall be screened from the view of such land by a thick hedge
located along a line drawn parallel to the street and a distance of
five feet therefrom, such hedge to be interrupted only at points of
ingress and egress. The open area between such hedge and the street
shall be landscaped in harmony with the landscaping prevailing on
neighboring properties fronting on the same street.
(c)
Identification and directional signs located
on the street side of such screening shall not exceed an area of two
square feet each and shall be limited to such number as are essential
for the particular use.
(11)
Trailers (camping or travel), motor boats, and
commercial vehicles not exceeding 26 feet in length.
(a)
The outdoor storage, parking or use of camping
or travel trailers, motor boats, and commercial vehicles exceeding
26 feet in length is hereby prohibited in all districts, except that:
[1]
One camping or travel trailer may be stored
but not used for any purpose on an occupied lot (or on an adjacent
unoccupied lot, if both lots are under common ownership).
[2]
Said camping or travel trailer shall not exceed
40 feet in length.
[3]
Said camping or travel trailer shall not be
located between the street line and the principal building and shall
conform to side and rear yard requirements governing accessory uses.
[4]
Camping or travel trailers and other recreational
vehicles may be used only in a duly established camping or travel-trailer
camp or park or similar facility.
[5]
One commercial vehicle, not exceeding 26 feet
in length, may be parked on an occupied lot in any residence district,
but not within the required yards of such lot and in no case between
the street line and the principal building.
[6]
One commercial vehicle, not exceeding 26 feet
in length, may be parked within a private garage in any residence
district.
[7]
Commercial farm vehicles are permitted as accessory
to a commercial farm use in any district where commercial agriculture
is permitted.
(b)
Not more than one motor boat may be stored in
the open on a lot (or on an adjacent lot, if both lots are under common
ownership) in a residence district, provided that such motor boat
is not stored within the required front yard setback and such storage
shall conform to side and rear yard requirements governing accessory
uses.
(12)
Driveways. No driveway shall provide access
to a lot located in another district, which lot is used for any use
prohibited in the district in which such driveway is located.
B.
Additional requirements for off-street loading berths.
(1)
Accessory open or enclosed off-street loading berths
shall be provided for any lot or any use as specified herein. Any
land which is developed as a unit under single ownership and control
shall be considered a single lot for the purpose of such requirements.
(2)
Size, location and access. Each required loading berth shall be at least 12 feet wide, 33 feet long and 14 feet high, unless specified elsewhere for a particular use. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. The berth may be located either within a building or in the open, but not within required yards. If such berths are not enclosed, they shall be located not less than 300 feet from any residence district boundary and an effective visual and noise shall be provided as in the case of parking areas as set forth in § 200-38A(10).
C.
Regulations affecting both parking and loading facilities.
(1)
Access near street corners. No entrance or exit for
any accessory off-street parking area with over 10 parking spaces,
nor any loading berth, shall be located within 50 feet of the intersection
of any two street lines.
(2)
On lots divided by district boundaries. When a lot
is located partly in one district and partly in another district,
the regulations for the district requiring the greater number of parking
spaces or loading berths shall apply to all of the lot. Parking spaces
or loading berths on such a lot may be located without regard to district
lines, provided that no such parking spaces or loading berths shall
be located in any residence district, unless the use to which they
are accessory is permitted in such district.
[Added 9-13-2004 by L.L. No. 6-2004]
A.
Open space.
(1)
Permanent protection of open space. Conservation easements
are the preferred method to protect open space under New York State
law. The permanent preservation of such open space shall be legally
assured to the satisfaction of the Planning Board and Town Attorney.
In all cases, the Town Board shall be granted third-party enforcement
rights to enforce the terms of the easement. The following regulations
shall apply:
(a)
Conservation easements shall be titled to a
private conservation organization or to the Town of Milan, provided
that:
[1]
The conservation organization is acceptable
to Town and is a bona fide conservation organization as defined in
Article 49 of the New York State Environmental Conservation Law;
[2]
The conveyance contains appropriate provisions
for proper reverter or retransfer in the event that the conservation
organization or Town of Milan becomes unwilling or unable to continue
carrying out its functions; and
[3]
A maintenance agreement acceptable to the Town
is established between the owner and the conservation organization
or Town of Milan to ensure perpetual maintenance of the open space.
(b)
The conservation easement or other legally binding
instrument shall permanently restrict the open space from future subdivision,
shall define the range of permitted activities, and, if held by a
conservation organization, shall give the Town the ability to enforce
these restrictions. Under no circumstances shall any development be
permitted in the protected open space at any time, except for the
following uses:
[1]
Conservation of open land in its natural state
(for example, woodland, fallow field, or managed meadow). The clearing
of woodland shall generally be prohibited, except as necessary to
create trails and passive recreation facilities, to maintain scenic
viewsheds identified by the Town as important aesthetic resources,
and to install subsurface sewage disposal systems. The determination
of necessity shall lie with the Planning Board.
[2]
Agricultural and horticultural uses, including
raising crops or livestock, wholesale nurseries, and associated buildings,
that are specifically needed to support an active, viable agricultural
or horticultural operation. Specifically excluded are concentrated
animal feeding operations (CAFO's) as defined by the US Environmental
Protection Agency, or commercial livestock operations involving swine,
poultry, mink, rallies, and other animals likely to produce highly
offensive odors.
[3]
Game preserve, wildlife sanctuary, or other
similar conservation use.
[4]
Woodlots, arboreta, and silviculture in keeping
with established standards for selective harvesting and sustained-yield
forestry.
[5]
Neighborhood open space uses such as Village
greens, commons, picnic areas, community gardens, trails, and similar
low-impact passive recreational uses specifically excluding motorized
off-road vehicles, rifle ranges, and other uses similar in character
and potential impact as determined by the Planning Board.
[6]
Water supply and subsurface sewage disposal
systems, and stormwater detention areas designed, landscaped, and
available for use as an integral part of the open space area.
[7]
Easements for drainage, access, sewer or water
lines, or other public purposes.
[8]
Underground utility rights-of-way. Aboveground
utility and street rights-of-way may traverse conservation areas but
shall not count toward the minimum required open space land.
(2)
Ownership of open space land and common facilities.
The following methods may be used, either individually or in combination,
for ownership of open space land (exclusive of its conservation easement)
and common facilities. Open space trails may be initially offered
for dedication to the Town. Open space land and common facilities
shall not be transferred to another entity except for transfer to
another method of ownership permitted under this section. Ownership
methods shall conform to the following:
(a)
Fee simple dedication to the Town. The Town
may, but shall not be required to, accept any portion of the open
space land and common facilities, provided that:
(b)
Homeowners' association. Open space land and
common facilities may be held in common ownership by a homeowners'
association, subject to all of the provisions for homeowners' associations
set forth in New York State regulations. In addition, the following
regulations shall be met:
[1]
The applicant shall provide the Town with a
description of the organization of the proposed association, including
its bylaws, and all documents governing ownership, maintenance, and
use restrictions for common facilities.
[2]
The proposed association shall be established
by the owner or applicant and shall be operating (with financial subsidization
by the owner or applicant, if necessary) before the sale of any dwelling
units in the development.
[3]
Membership in the association shall be mandatory
for each property owner within the subdivision and successive owners
in title with voting of one vote per lot or unit, and the subdividers
control, therefore, passing to the individual lot/unit owners on sale
of the majority of the lots or units.
[4]
The association shall be responsible for liability
insurance, local taxes and maintenance of open space land, recreational
facilities and other commonly held facilities.
[5]
The bylaws shall confer legal authority on the
association to place a lien on the real property of any member who
falls delinquent in his or her dues. Such dues shall be paid with
the accrued interest before the lien may be lifted.
[6]
Written notice of any proposed transfer of common
facilities by the association or the assumption of maintenance for
common facilities must be given to all members of the association
and to the Town no less than 30 days prior to such event.
[7]
The association shall have adequate resources
to administer, maintain, and operate such common facilities.
(c)
Noncommon private ownership. Open space land may be included within one or more lots, provided the open space is permanently restricted from future development, except for those uses listed § 200-39A(1)(b).
(3)
Maintenance. Unless otherwise agreed to by the Planning
Board, the cost and responsibility of maintaining common open space
and facilities shall be borne by the homeowners' association, Conservation
organization, private owner(s), or, in the case of open space and
facilities deeded to the Town, the municipality.
(4)
Sewage treatment systems. Sanitary sewage disposal
systems of either an individual or community nature may be located
within or extend into required open space areas, provided that subsurface
sewage disposal methods are employed, all required separation distances
are observed and the ownership and maintenance responsibilities associated
therewith are clearly defined in agreements submitted for approval
as part of the subdivision application. No application shall be approved
that does not provide lot buyers with both the legal authority and
the responsibility, individually or collectively, to maintain all
sewer facilities on a continuing basis. This may include the creation
of a special district under Articles 12 and 12-a of New York State
Town Law.
B.
Conservation easements.
(1)
Purpose and intent. The Town of Milan may acquire
conservation easements over real property in accordance with § 247
of the General Municipal Law and Article 49, Title 3, of the Environmental
Conservation Law. This section establishes guidelines and criteria
for the evaluation of such easements in order to clearly establish
the public benefit associated with any offer to donate or sell such
easements. The proposed easement shall have a definite public purpose,
which benefits the Town and the community as a whole.
(2)
Term of easement. Any conservation easement offered
to the Town shall be perpetual.
(3)
Evaluation. The proposed easement should be further
evaluated according to the following criteria:
(a)
The proposed easement shall conserve, preserve
and protect one or more of the following:
[1]
An area which is significant because of its
value as agricultural or forest land.
[2]
An area which is significant because of its
unique scenic or natural beauty.
[3]
An area which is significant because of its
value as a watercourse, waterbody, freshwater wetland or aquifer recharge
area.
[4]
An area which is significant because of its
unique geological or ecological character.
[5]
An area which is significant because of its
historical, archaeological, architectural or cultural amenities.
[6]
An area which is significant because of its
value as a community recreational area, greenway corridor, or its
relationship to an adjacent recreational area.
[7]
An area which is significant because of its
value as a wildlife habitat, for protection of biodiversity, or its
relationship to an adjacent wildlife preserve or wildlife corridor.
[8]
An area which is significant because of its
intrinsic value as open space necessary to preserve scenic vistas
or otherwise enhance community character and attractiveness.
[9]
An area which is significant because of its
intrinsic value as open space in determining future land use development
patterns within the Town.
(b)
Although conservation easements are not required
to confer public use of the property, in certain cases, public use
may be considered a factor in determining the significance of an area.
(4)
Enforcement. Responsibility for enforcement shall
reside with the Town. The easement should contain the necessary terms
and restrictions to ensure that the original character of the area
is maintained and to provide sufficient detail that the Town can effectively
enforce all the terms and conditions of the easement. It shall be
clearly stated that the owner of the property is responsible for the
maintenance of the area.
(5)
Additional structures. The fundamental purpose of
the conservation easement is to conserve, preserve and protect open
space. In the case of the reserved open space, limited structures
or other improvements may be permitted to be constructed on the property
under terms of the easement. Any structure or other improvements permitted
under the easement must be strictly limited, must not encroach on
the character of the area, and shall be fully defined in a manner
satisfactory to the Town and consistent with zoning and other regulations
prior to Town Board acceptance of the easement donation.
(6)
Designated development areas. A conservation easement
may contain one or more designated development areas (DDA). The Planning
Board may require one or more DDAs as part of the cluster subdivision
process. Development is permitted within DDAs subject to eh applicable
laws, regulations, and required permits, and subject to any restrictions
defined in the governing easement agreement. All DDAs must be defined
in the easement agreement and completely specified on the final signed
Mylar maps(s). No structures or impermeable surfaces are allowed within
10 feet of the DDA boundary with exception of driveways as approved
by the Planning Board.
(7)
Monuments. All designated development areas and conservation
easements must be marked with visible concrete monuments. Monuments
identify the boundaries of designated development areas and conservation
easements for the benefit of property owners and to facilitate the
annual review. Monuments must be four-inch by four-inch by thirty-six-inch-long
concrete monuments, or four-inch diameter by thirty-six-inch-long
concrete-filled steel pipes, or some similar alternative acceptable
to the Planning Board. Monuments must be installed vertically in the
ground, must be visible, and must extend at least four inches above
ground surface. All monuments must be clearly identified and completely
specified on the Mylar map(s) to include Universal Transverse Mercator
grid coordinates to facilitate the use of hand-held global positioning
systems for annual review.
(8)
Donor donations. The Town Board may request a donation
for costs relating to acceptance and ongoing monitoring of the conservation
easement.
(9)
Review by other agencies. The Town Board may request
advisory opinions from the Town Conservation Advisory Council, the
Town Planning Board and the Town Recreation Commission, and other
appropriate agencies prior to acquisition of such an easement.
(10)
Annual review. The Town is responsible for annual
review of each conservation easement to verify the continued integrity
of the easement.
(11)
Public hearing. In accordance with law, the
Town Board is required to hold a public hearing on the proposed acquisition
prior to an action.
(12)
Recording. The approved conservation easement
shall be recorded with the Town Clerk, Town Tax Assessor, and the
Dutchess County Clerk.
[Added 7-18-2022 by L.L. No. 6-2022]
A.
Purpose. This section is intended to promote the public health, safety,
and welfare of the people of the Town by regulating forest use in
such a way as to allow for sustainable forestry management that protects
and preserves the environment, roads, property, and quality of life
in the Town from the potential adverse effects of commercial logging
and ensure that commercial logging operations are consistent with
the policies of the Town of Milan; therefore, clear cutting is expressly
prohibited by this section.
B.
Exemptions. The following activities are exempt from the provisions
of this section:
(1)
The process of removing vegetation for installing improvements described
on a subdivision plat or site plan approved by the Planning Board
or site clearing preparatory to construction of a structure for which
a building permit is required and which building permit has been issued
by the Code Enforcement Officer. These activities are limited to occurring
within any defined limits of disturbance found on the approved subdivision
or site plan or included as conditions on the involved building permit.
(2)
Harvesting of up to one cord of firewood per acre per year or up
to 2,000 board feet of lumber per acre per year for noncommercial
use by the property owner including the manufacture of maple syrup
and other maple products by the property owner.
(3)
Clearing of land for rights-of-way by public utilities or their agents
or trees removed for public road construction, maintenance, and realignment.
(4)
Clearing of land by or pursuant to government authority under the
laws of the United States, the State of New York, the County of Dutchess,
or the Town of Milan.
(5)
The removal of trees that are located in a cemetery, on a Christmas
tree farm or other tree plantation, and removal of hazardous or fallen
trees, or for clearing dead or diseased trees.
(6)
The selective removal of tree species according to a forest management
plan consistent with § 480-a, or for some landowners, the
older § 480, of the New York State Real Property Tax Law
or the New York State Timber Harvesting Guidelines or the New York
State Cooperating Forester Program in and in accordance with environmentally
sound and sustainable silvicultural principles:
(7)
Clearing for agricultural use of two acres or less.
(8)
Clearing of one acre for building a house and 1/4 acre for any accessory
building in conjunction with a plan submitted to the Town of Milan
Planning Board.
(9)
A forest regeneration method devised and overseen by a Town-approved
certified forester who shall submit the plan for review and acceptance
by the Town of Milan Planning Board; all costs to be paid for by the
applicant.
C.
Commercial logging permit required.
(1)
No person, firm, corporation, or other entity (hereinafter referred
to as "person") shall engage in commercial logging in the Town without
a commercial logging permit issued by the Town of Milan in accordance
with the Zoning Law.
(2)
The Town of Milan shall adopt an application form for commercial
logging and from time to time amend it.
(3)
All commercial logging permit applications shall be submitted to
the Planning Board along with the required fees as set forth. The
application shall identify the parcel by tax index number and shall
describe the location of the proposed commercial logging operation,
the acreage impacted by the commercial logging operation, an estimate
of the expected number of trees or board feet of lumber to be harvested,
a detailed map and count of the Legacy trees, the name and address
of the person or entity who will be completing the harvest and if
not available the name and address of the person responsible for compliance
with the approved commercial logging permit, and an estimate of the
duration of the proposed harvest. The application shall be signed
by the owner of the property where the proposed commercial logging
will occur and such owner shall also certify their responsibility
for compliance with the terms of the commercial logging permit.
D.
Commercial logging permit process.
(1)
Commercial logging permit applications shall be submitted to the
Planning Board for review and approval as a commercial logging special
use permit if it conforms to the standards provided herein, as well
as the other requirements of the Zoning Law. If the Planning Board
approves such an application, it shall direct the Zoning Enforcement
Officer to issue a commercial logging permit in accordance with such
approval.
(a)
The commercial logging permit application shall include all
required materials identified herein. This shall include a plan that
has been designed to prevent impacts to watercourses, wetlands, floodplains
and includes a soil erosion and sediment control plan as well as a
detailed plan for remediation of the site that will prioritize being
visually pleasing as well as environmentally sound. This shall include
a timber harvesting plan developed by a Town-approved New York State
cooperating consultant forester, or a professional forester with at
least a Bachelor's degree in forestry and certified by the Society
of American Foresters and paid for by the applicant. The forester
(or a suitable replacement with the same qualifications) who devises
the logging plan shall at the owners's expense review the logging
operation process and progress at the estimated halfway point and
at the end and submit a report to the Zoning Enforcement Officer verifying
that the company has adhered to the logging plan throughout the process.
(b)
The proposed commercial logging operation and activities shall
not endanger the health, safety, welfare, or property of the Town,
the public, the property owner, or an adjacent property owner.
(c)
The proposed commercial logging is consistent with good silvicultural,
horticultural or vegetation management and will not have an adverse
visual or ecological impact, as determined through the SEQR environmental
impact assessment review of the application.
(d)
The proposed commercial logging operation and activities, including
the proposed site remediation after the conclusion of the harvest,
is consistent with the "Timber Harvesting Guidelines for New York"
and the "New York State Forestry Best Management Practices Field Guide,"
as amended, to the extent that said guidelines do not contradict the
provisions of the Zoning Law, in which case the provisions of the
Zoning Law shall control. There may be situations where strict adherence
to certain provisions of the "Timber Harvesting Guidelines for New
York" and best management practices are impossible or impractical
to attain, based upon the unique characteristics of the property proposed
for logging. Alternate measures exist that can be substituted for
such guidelines in appropriate circumstances. In such cases, with
the assistance of a New York State Department of Environmental Conservation
Cooperating Forestry Program professional forester and the Planning
Board may grant a waiver from the strict application of the guidelines
where reasonable and necessary.
(e)
Lands that are enrolled under § 480-a or § 480
of the NY State Real Property Tax Law, at the time of adoption of
Local Law No. 6-2022 are exempted from the provisions in this section
provided that a copy of a valid certificate of approval of enrollment
in the § 480-a or § 480 program is filed with
the Town of Milan Building Department. All new § 480-a long-term
management plans and five-year updates to existing § 480-a
long-term management plans are subject to issuance of a commercial
logging permit by the Planning Board. In these cases, the Planning
Board shall determine the extent of review and may waive any requirement
that the Board determines is not necessary for the intended project.
(f)
A statement that the applicant agrees to indemnify the Town
of Milan and to reimburse the Town of Milan for any damage caused
to Town roads, bridges, or culverts, as determined by the Town of
Milan Highway Superintendent, and to pay any and all fees associated
with such damage. Upon a written recommendation from the Town Highway
Superintendent that there exists the potential for damage to a Town
road, the Planning Board shall include a condition which prevents
damage to Town roads from truck traffic associated with the commercial
logging activities. Restrictions may include but are not limited to
restricting truck traffic routes and/or posting of a performance bond
for damage to Town roads.
(g)
The period of time during which the timber harvest will take
place setting forth the date of commencement, the date of termination,
the days of the week and hours of the day when timber harvest activities
will take place.
(h)
Vehicle access route(s) to and from the site of the large-scale
commercial logging operation where the access route(s) involves Town
roads.
(i)
The landowner shall provide the Planning Board proof of a contract
bond with the logging entity in the amount of $10,000 naming the Town
of Milan as beneficiary.
(2)
Commercial logging permit submission requirements.
(a)
The applicant shall submit a site map that shall show:
[1]
Boundaries of the parcel or parcels where the commercial logging
is proposed;
[2]
Roadways, streams, waterbodies, wetlands, and topographic contour
interval lines within the area affected by the commercial logging;
[3]
Proposed harvest area, proposed haul road(s), landing area(s),
and ingress/egress at public roads.
[4]
A detailed site map showing among other things 50% of healthy
trees identified by using the industry standard basal area formula
to be designated as legacy trees which are to be marked/flagged along
with all vegetation in a 100-foot-diameter circle of protection around
each tree and connected by a swath of similarly marked protected vegetation
no less than 50 feet wide. When features such as proximity to the
property line prohibit the 100-foot circle of protection the Planning
Board shall have the discretion to allow for smaller areas in those
instances as long as the overall zone of protection is not diminished.
This can be achieved by increasing protection zones in other areas.
The goal is to harvest in such a way that allows these species to
regenerate and ensures that the forest's overall ecological health
is maintained, restored or even enhanced.
[5]
The applicant shall submit a site reclamation plan for the portion
of the parcel or parcels affected by the commercial logging operation.
This plan shall show proposed site cleanup and remediation to be undertaken
upon conclusion of the commercial logging operation. The site reclamation
plan shall address post commercial logging cleanup measures as outlined
in the "New York State Forestry Best Management Practices Field Guide,"
as amended.
E.
Standards for all commercial logging operations. All commercial logging
activities and operations shall adhere to the following standards:
(1)
The commercial logging shall be in accordance with the "New York
State Forestry Best Management Practices For Water Quality (BMP),"
as amended, to the extent that said BMP does not contradict the provisions
of the Zoning Law, in which case the provisions of the Zoning Law
shall control.
(2)
The loading and skidding of timber shall not be conducted on Town
roads nor shall landings be located on Town roads.
(3)
Wood chips, crushed stone, or other approved materials shall be used
where access roads meet public roads in order to prevent debris from
tracking onto the public road.
(4)
All commercial logging operations and activities, including related
stormwater runoff, shall be contained within the subject parcel or
parcels and shall not impact adjacent parcels or public roads.
(5)
Haul roads used during the commercial logging operation shall avoid,
to the extent practicable, slopes of 10% grade or more and 5% grade
or more on highly erodible soils.
(6)
Haul roads shall not be located within 200 feet of any perennial
stream or wetland to the extent practicable. Said zone shall be measured
from the mean high water line of the stream or the boundary of the
wetland. All perennial stream crossings shall be constructed and maintained
in accordance with the New York State BMP, as amended and any necessary
permits for stream crossings of protected streams or protected wetlands
shall be secured prior to approval of a commercial logging permit.
(7)
No skidding or other commercial logging activities shall occur within
200 feet of the mean high water line of a perennial stream or wetland.
F.
Review by the Town Highway Superintendent.
(1)
The Planning Board shall refer all applications for commercial logging
to the Town Highway Superintendent. The Town Highway Superintendent
shall be responsible for review of commercial logging permit applications
as follows:
(a)
Conduct a site inspection to determine if the proposed commercial
logging and related activities could impact traffic safety and/or
the condition of Town roads in accordance with § 302 of
the Miscellaneous Provisions of the New York State Highway Law. The
Highway Superintendent shall report back to the Planning Board, within
30 days of having received the referral, and shall include any suggestions
for specific changes to proposed plans or permit conditions. If no
recommendation is submitted to the Planning Board by the date of the
public hearing to consider the commercial logging permit application,
then it shall be considered that the Highway Superintendent recommends
approval of the application.
(b)
The Highway Superintendent shall estimate the funds needed,
if any, for repair of Town roads as a result of the proposed commercial
logging activities. If the Highway Superintendent determines that
the commercial logging activities could damage Town roadways, he or
she shall prepare a cost estimate of the potential monetary impact
to Town roadways. Upon notification from the Superintendent of Highways,
the applicant shall deposit an amount equal to such cost estimate
in an escrow account held by the Town for highway repairs caused by
the commercial logging activities. Upon the completion of site reclamation,
the Highway Superintendent shall perform an inspection. After completion
of this inspection, any remaining funds not necessary for repair work
will be returned to the applicant.
(c)
The Highway Superintendent may require the applicant to create
a temporary driveway entrance to the commercial logging site to prevent
damage to the edge of the existing roadway. Said temporary driveway
shall only be used during the commercial logging operation. The temporary
driveway shall be removed within 30 days of the conclusion of the
commercial logging and the site of the temporary driveway shall be
restored to its previous condition.
(d)
The applicant shall provide approval from the appropriate highway
department should access to the commercial logging operation be on
a state or county road.
G.
Site reclamation. After completion of commercial logging activities,
the affected site or sites shall be reclaimed in accordance with the
New York State Best Management Practices, as amended. In cases where
the Best Management Practices is not consistent with the provisions
of the Zoning Law, the Town Zoning Law shall control including the
site reclamation plan submitted at the time of the commercial logging
permit issuance. All reclamation measures are subject to inspection
by the Town Code Enforcement Officer to ensure compliance with this
section.
I.
Insurance. Before commencement of any work pursuant to a commercial
logging permit, the applicant shall provide to the Planning Board
proof of worker's compensation insurance and proof of liability
insurance in the minimum amount of $1,000,000 against any liability
arising from the commercial logging activities.
J.
Liability. Neither the issuance of a commercial logging permit, nor
compliance with the provisions of this law or any Town law or with
any conditions imposed by the commercial logging permit issued hereunder,
shall relieve the applicant from full responsibility for any damage
whatsoever to other persons or property as a result of the commercial
logging activities undertaken, nor shall it impose any liability upon
any officers, agents, or employees of the Town for damage to persons
or property.
K.
Authority. The Zoning Enforcement Officer has the authority to issue
a cease and desist order if the logging entity is in violation of
any section of this law.
L.
Application fee. The fee for a commercial logging permit shall be
as provided for in the Town of Milan Fee Schedule Resolution, as amended,
and shall be set by resolution of the Town Board.
[1]
Editor's Note: Former § 200-40,
Transmission Tower Overlay District (TTO), which placed an interim
moratorium on transmission tower use and development activity, added
7-3-2000 by L.L. No. 2-2000, expired 12-31-2000.
[Amended 8-8-2005 by L.L. No. 3-2005]
Public garages, motor vehicle service stations
and convenience stores shall meet the following standards:
A.
No public garage, motor vehicle service station, private
garage for more than five cars, or convenience store shall have a
vehicular entrance closer than 200 feet to an entrance to a church,
school, theater, hospital, public park, playground or fire station.
Such measurement shall be taken as the shortest distance between such
entrances across the street if the entrances are on opposite sides
of the street and along the street frontage if both entrances are
on the same side of the street or within the same square block.
B.
All motor vehicle service stations shall be so arranged
as to require all servicing to be performed on the premises and outside
the public way.
C.
No gasoline or petroleum fuel pump shall be placed
closer to any side property line than 50 feet or closer to any street
line than 25 feet.
D.
No inoperative motor vehicle shall be kept on the
premises of a motor vehicle service station for longer than two weeks.
No inoperative motor vehicle shall be kept on the premises of a convenience
store for longer than 24 hours.
E.
All waste material shall be stored within a structure
or enclosed within fencing at least eight feet high and shall not
be visible at any property line.
F.
On any streets which provide access to gasoline or
other petroleum product pumps at motor vehicle service stations, all
repair facilities shall be at least 15 feet farther from the street
line than the side of the gasoline or petroleum product pumps farthest
from the street line.
G.
All gasoline or petroleum products shall be stored
in underground tanks in conformity with the latest edition of the
National Fire Codes and applicable federal, State of New York and
local regulations. Such tanks shall be located not less than 50 feet
from any property line nor closer than 25 feet to any street right-of-way
line. Facilities shall be provided to prevent corrosion of underground
tanks and piping in order to prevent release of flammable substances.
All vents and fill pipes for underground tanks shall be located at
least 20 feet from any building.
[Amended 5-9-2001 by L.L. No. 3-2001]
[Amended 8-13-2007 by L.L. No. 6-2007]
A.
Mining is prohibited in the Town of Milan.
B.
Existing mines. Any mine that is lawfully in existence
on or before the effective date of this section may continue to operate
so long as it is subject to a current permit under the Mined Land
Reclamation Law, New York State Environmental Conservation Law, Article
23, Title 27, issued on or before the effective date of this law,
or renewed pursuant to a permit issued on or before the effective
date of this section. Notwithstanding any other provision of this
law, a mine that is lawfully in existence on or before the effective
date of this law may not be expanded beyond the boundaries of such
mine as exists as of the effective date of this section.
A.
Purpose. The purpose of these sign regulations is
to:
(1)
Encourage the effective use of signs as a means of
communication in the Town.
(2)
Maintain and enhance the aesthetic environment and
the Town's ability to attract businesses and residents.
(3)
Improve traffic safety by ensuring that signs do not
present dangerous distractions or obstructions.
(4)
Minimize the effect of signs on nearby public and
private property.
B.
Permitted signs. Signs shall be erected in accordance with the following tables. A variety of styles and types of signs are defined in Article II of this chapter. Regardless of the designations found in Table C, signs shall be permitted only when the sum of the area of all building and freestanding signs conforms to the requirements of Table D and all other provisions of this chapter.
[Amended 6-11-2003 by L.L. No. 1-2003; 8-13-2007 by L.L. No.
6-2007]
|
Table C:
| |||||||
|---|---|---|---|---|---|---|---|
|
Permitted Signs by Type and Zoning District
| |||||||
|
Sign Type
|
A5A
|
A3A
|
R2A
|
HA
|
HB
|
LC
| |
|
Freestanding
| |||||||
|
Residential(a)
|
P
|
P
|
P
|
P
|
P
|
N
| |
|
Other
|
N
|
N
|
N
|
S
|
S
|
P
| |
|
Incidental(b)
|
N
|
N
|
N
|
P
|
P
|
P
| |
|
Temporary(c)
|
S
|
S
|
S
|
S
|
S
|
S
| |
|
Building
| |||||||
|
Banner
|
N
|
N
|
N
|
S
|
N
|
N
| |
|
Building marker
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Canopy
|
N
|
N
|
N
|
S
|
S
|
N
| |
|
Identification
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Incidental
|
N
|
N
|
N
|
P
|
P
|
P
| |
|
Marquee
|
N
|
N
|
N
|
S
|
S
|
N
| |
|
Projecting
|
N
|
N
|
N
|
S
|
S
|
N
| |
|
Residential
|
P
|
P
|
P
|
P
|
P
|
N
| |
|
Roof, integral
|
N
|
N
|
N
|
S
|
S
|
N
| |
|
Suspended
|
N
|
N
|
N
|
S
|
S
|
N
| |
|
Temporary(c)
|
P
|
P
|
P
|
S
|
S
|
S
| |
|
Wall
|
N
|
N
|
N
|
S
|
S
|
N
| |
|
Window
|
N
|
N
|
N
|
S
|
S
|
N
| |
|
Banners and flags
| |||||||
|
Banner
|
N
|
N
|
N
|
S
|
P
|
N
| |
|
Flag
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
KEY:
| |||||||
|
P = Allowed without sign permit
| |||||||
|
S = Allowed only with sign permit
| |||||||
|
N = Not allowed
| |||||||
|
NOTES:
| |
|---|---|
|
(a)
|
No commercial message allowed on sign, except
for a commercial message drawing attention to an activity legally
offered on the premises.
|
|
(b)
|
No commercial message of any kind allowed on
sign if such message is legible from any location off the lot on which
the sign is located.
|
|
(c)
| |
|
Table D:
Sign Dimensions
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
District
| ||||||||
|
A5A
|
A3A
|
R2A
|
HA
|
HB
|
LC
| |||
|
Maximum total area for signs, per lot* (square feet)
|
8
|
8
|
8
|
100
|
200
|
8
| ||
|
Freestanding signs
| ||||||||
|
Maximum area (square feet)
|
6
|
6
|
6
|
24
|
48
|
6
| ||
|
Height (feet)
|
3
|
3
|
3
|
6
|
12
|
3
| ||
|
Setback (feet)
|
2
|
2
|
2
|
5
|
10
|
2
| ||
|
Number permitted per lot
|
1
|
1
|
1
|
1
|
1
|
1
| ||
|
Building signs
| ||||||||
|
Maximum area (square feet)
|
2
|
2
|
2
|
NA
|
NA
|
2
| ||
|
Wall area (percent)
|
NA
|
NA
|
NA
|
10
|
10
|
NA
| ||
|
Number permitted per lot
|
1
|
1
|
1
|
3
|
3
|
1
| ||
|
Banners and flags
| ||||||||
|
Maximum area (square feet)
|
60
|
60
|
60
|
60
|
60
|
60
| ||
|
Number permitted per lot
|
6
|
6
|
6
|
6
|
6
|
6
| ||
|
NOTES:
|
|---|
|
* Special provision contained in § 200-44D shall apply to incidental signs, building markers and flags.
|
C.
Prohibited signs. All signs not expressly permitted
under this chapter or specifically exempt from regulation are prohibited
in the Town. Such signs include, but are not limited to:
D.
Special provisions for certain signs.
(1)
Building markers. One building marker per building
up to a maximum of four square feet is permitted. Such marker may
only include building name, date of construction, or historical data
on an historic site.
(2)
Canopy signs. Where canopy signs are permitted, there
shall be no more than one per building, and the area of the sign shall
not exceed 25% of the vertical surface of the canopy.
(3)
Identification signs. One identification sign per
building is permitted. Only address and name of occupant shall be
permitted on the sign.
(4)
Marquee signs. Where marquee signs are permitted,
there shall be no more than one per building.
(5)
Projecting signs. Where projecting signs are permitted,
there shall be no more than one per building, and its area shall not
exceed 12 square feet.
(6)
Building signs, residential. Where building signs
on residential properties are permitted, there shall be no more than
one per lot.
(7)
Roof signs, integral. Where integral roof signs are
permitted, they shall be restricted to principal buildings, and there
shall be no more than two per principal building.
(8)
Suspended signs. Where suspended signs are permitted,
there shall be no more than one per building, and they shall not exceed
12 square feet.
(9)
Window signs. Where window signs are permitted, such
signs shall not exceed 15% of the total window area.
(10)
Flags. No flag shall be larger than 60 square
feet. Any flag or similar object that is larger than 60 square feet
shall be treated as a banner and subject to regulations as such.
(11)
Banners. No banner shall be larger than 60 feet.
(12)
Political candidacy signs. Temporary political
candidacy signs must be removed by the candidate within 10 days after
the election that the sign pertains to.
(13)
Signs for public and institutional uses permitted in the A5A, A3A and R2A Zoning Districts shall comply with the dimensional requirements listed under the Hamlet District (HA) on Table D (see Subsection B above). Public and institutional uses are the only uses within the A5A, A3A and R2A Zoning Districts that will be allowed to have signs that vary from the dimensional standards specified on Table D for those zoning districts. However, a sign permit must be received from the Building Inspector for all public and institutional uses within the A5A, A3A and R2A Zoning Districts. No internally illuminated signs are permitted.
[Amended 6-11-2003 by L.L. No. 1-2003]
E.
Computations. The following principles shall control
the computation of sign area and sign height.
(1)
Computation of area of individual signs. The area
of a sign face (which is also the sign area of a wall sign or other
sign with only one face) shall be computed by means of the smallest
square, circle, rectangle, triangle or combination thereof that will
encompass the extreme limits of the writing, representation, emblem
or other display, together with any material or color forming an integral
part of the background of the display or used to differentiate the
sign from the backdrop or structure against which it is placed, but
not including any supporting framework, bracing or wall when such
framework, bracing or wall otherwise meets zoning regulations and
is clearly incidental to the display itself.
(2)
Computation of area of multifaced signs. The sign
area for a sign with more than one face shall be computed by adding
together the area of all sign faces visible from any one point. When
two identical sign faces are placed back to back so that both faces
cannot be viewed from any point at the same time and when such sign
faces are part of the same sign structure and are not more than 36
inches apart, the sign area shall be computed by the measurement of
one of the faces.
(3)
Computation of sign height. The height of a sign shall
be computed as the distance from the base of the sign at normal grade
to the top of the highest attached component of the sign. "Normal
grade" shall be construed to be the lower of existing grade prior
to construction or the newly established grade after construction,
exclusive of any filling, berming or excavating solely for the purpose
of locating the sign.
(4)
Computation of maximum total permitted sign area per
lot. The permitted sum of the area of all individual signs on a lot
shall be computed by applying the formula contained in Table D, above,
for the zoning district in which the lot is located.
F.
Sign characteristics.
(1)
All signs shall comply with the height, area and setback
requirements contained in Table D. No sign shall create a hazard for
vehicles or pedestrians, and all signs must be constructed so that
drivers' lines of vision are not obstructed in any way.
(2)
Signs whose lettering, copy or message is readily
changed or signs that are designed for changeable copy are prohibited,
except in the Highway Business (HB) and Hamlet (HA) Zoning Districts.
(3)
Illumination. Light for illuminated signs shall be
of constant intensity and shall not direct significant glare onto
any adjacent lot or towards motorists. The following specific regulations
also apply:
(4)
Design, construction and maintenance.
(a)
Signs shall be designed in such a way as to
conform to and be in harmony with the characteristics of the surrounding
neighborhood. Signs shall be designed so that they do not compete
for attention with other signs or land uses. The Planning Board shall
have the authority, during site plan and/or subdivision review, to
suggest alterations in design that would implement the intentions
of this subsection.
(b)
All signs shall comply with the New York State
Uniform Fire Prevention and Building Code.
(c)
Except for banners, flags and temporary signs
and window signs conforming in all respects with the requirements
of this chapter, all signs shall be constructed of permanent materials
and shall be permanently attached to the ground, a building or another
structure by direct attachment to a rigid wall, frame or structure.
(d)
All signs shall be maintained in good structural
condition, in compliance with all building and electrical codes and
in conformance with this code at all times.
G.
Signs in the public right-of-way. No signs shall be
allowed in the public right-of-way, except for the following:
(1)
Permanent signs.
(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)
Bus stop signs erected by a public transit company.
(c)
Informational signs of a public utility regarding
its poles, lines, pipes or facilities.
(3)
Emergency signs. Emergency warning signs erected by
a governmental agency, a public utility company or a contractor doing
authorized or permitted work within the public right-of-way.
(4)
Other signs. Any sign installed or placed on public
property, except in conformance with the requirements of this section,
shall be forfeited to the public and subject to confiscation. In addition
to other remedies hereunder, the Town shall have the right to recover
from the owner or person placing such a sign the full costs of removal
and disposal of such sign.
H.
Signs exempt from regulation. The following signs
shall be exempt from regulation under this chapter:
(1)
Any public notice or warning required by a valid and
applicable federal, state or local law, regulation or ordinance.
(2)
Any sign inside a building not attached to a window
or door that is not legible from a distance of more than three feet
beyond the lot line of the lot or parcel on which such sign is located.
(3)
Works of art that do not include a commercial message.
(4)
Holiday lights and decorations with no commercial
message, but only between November 15 and January 15.
(5)
Traffic control signs on private property, such as
"stop," "yield" and similar signs which contain no commercial message
of any sort.
I.
Permit procedures. Any sign requiring a permit under
the provisions of this chapter that is to be erected, constructed,
displayed, moved, reconstructed, extended, enlarged or altered shall
be subject to the procedures of this section.
(1)
Planning Board review of certain signs. All signs
proposed as part of a site plan or subdivision shall be subject to
Planning Board review. The Planning Board shall have the authority
to approve all such signs. Sign reviews shall proceed in concert with
the review of other aspects of the proposed plan or subdivision. Upon
approval of a sign or signs subject to review as part of a site plan
or subdivision, the Zoning Enforcement Officer shall be authorized
to issue a sign permit. The Zoning Enforcement Officer may not issue
a permit for any sign until he/she has made certain that such sign
was not or should not have received prior approval from the Planning
Board.
(2)
Approval of other signs.
(a)
Where a sign requiring a permit is not subject
to site plan or subdivision review by the Planning Board, an application
for a sign permit shall be submitted to the Zoning Enforcement Officer.
The application shall be submitted on forms supplied by the Zoning
Enforcement Officer and shall include:
[1]
The name address and telephone number of the
applicant.
[2]
The location and principal use of the building,
structure or lot to which or upon which the sign is to be attached
or erected.
[3]
A description, including size, of all existing
signs located on the property or lot.
[4]
A detailed drawing or blueprint showing:
[a]
A description of the sign, including
size, height, symbols, text, size of lettering, materials used and
color of lettering or symbols and background.
[b]
A description of the construction
details of the sign.
[c]
The position and type of lighting
or other extraneous devices.
[d]
A location plan showing the position
of the sign on any building or land and its position in relation to
nearby buildings or structures, private or public roadways and property
lines.
[5]
Written consent of the owner of the building,
structure or land to which or on which the sign is to be erected,
in the event that the applicant is not the owner.
[7]
Other materials or facts deemed appropriate
by the Zoning Enforcement Officer.
(b)
Issuance of a permit. It shall be the duty of
the Zoning Enforcement Officer upon the filing for a sign permit to
examine such plans, specifications, locations and other data submitted
and approve said plans if they are in compliance with all requirements
of this chapter and other applicable ordinances. The Zoning Enforcement
Officer shall then, within 10 days, issue a permit for the erection
of the proposed sign. In the event that plans submitted do not meet
requirements of local laws and ordinances of the Town of Milan, the
Zoning Enforcement Officer shall then notify the applicant, in writing,
of the reason for refusal to issue a permit.
(c)
If the authorized sign is not erected within
six months of the date the sign permit is granted, the permit shall
become null and void and new application, including fee, must be made.
Where signs are approved as part of a site plan or subdivision, such
approvals shall be deemed to expire with the expiration of site plan
or subdivision approval.
J.
Nonconforming signs. Nonconforming signs and sign
structures may remain, except as qualified below:
(1)
Other than sign maintenance, no nonconforming sign
shall be reconstructed, remodeled, relocated, altered or changed in
size, height, setback or content to show a new trade name, different
words, letters or numbers, new design, different colors or different
logo, unless such action will make the sign conforming in all respects.
Where applicable, a sign that is to be changed so that it will be
conforming in all respects requires a sign permit.
(2)
Nothing in this chapter shall be deemed to prevent
keeping in good repair a nonconforming sign, including sign maintenance,
repainting and replacement of broken or deteriorated parts of the
sign itself. Supporting structures for nonconforming signs shall not
be replaced, unless such replacement will make the sign and sign structure
conforming in all respects.
(3)
A nonconforming sign or sign structure which is destroyed
or significantly damaged may not be replaced except with a conforming
sign. Where applicable, a sign permit is required for any replacement
sign.
K.
Temporary sign permits (private property). Temporary
signs on private property shall be allowed only upon the issuance
of a temporary sign permit, which shall be subject to the following
requirements:
(1)
Term. A temporary sign permit shall allow the use
of a temporary sign for a specified thirty-day period.
(2)
Number. Only one temporary sign permit shall be issued
to the same business on the same lot in any calendar year.
(3)
Size. Temporary freestanding signs shall not exceed
eight square feet, regardless of the zoning district in which the
sign is located. Temporary building signs shall conform to the size
requirements of the district in which such signs are located.
(4)
Other conditions. A temporary sign shall be allowed
only in districts with a letter "S" for temporary signs on Table C,
above, and subject to all of the requirements for temporary signs
as noted therein.
L.
Violations. Any of the following shall be a violation
of this chapter and shall be subject to the enforcement remedies and
penalties provided by this chapter and other applicable laws:
(1)
To install, create, erect or maintain any sign in
a way that is inconsistent with any plan or permit governing such
sign or the lot on which the sign is located.
(2)
To install, create, erect or maintain any sign requiring
a permit without such a permit.
(3)
To fail to remove any sign that is installed, created,
erected or maintained in violation of this section.
(4)
Each such day of a continued violation shall be considered
a separate violation when applying the penalty portions of this chapter.
Materials, supplies or semifinished products
that may be flammable or combustible (such as alcohol, gasoline, crude
oil, liquefied petroleum and natural gases) shall be stored, handled
and used in accordance with the New York State Uniform Fire Prevention
and Building Code (Parts 1163, 1171 and other applicable sections
of the Code), Fire Underwriter's Specifications and, where applicable,
the United States Department of Transportation's Code of Federal Regulations.
In particular, storage of these materials shall comply with the following
provisions:
A.
Underground storage tanks. The storage of flammable materials in underground tanks that are used in the operation of a motor vehicle station shall comply with the provisions of § 200-41, Public garage and motor vehicle service stations, of this chapter and any other requirements of the New York State Uniform Fire Prevention and Building Code. All other underground storage tanks for commercial, industrial or residential land uses shall comply with the New York State Uniform Fire Prevention and Building Code.
B.
Aboveground storage tanks. The storage of flammable
materials in aboveground tanks and containers shall comply with the
following requirements, as well as all applicable standards in the
New York State Uniform Fire Prevention and Building Code:
(1)
Storage tanks above ground shall rest on supports
that are in a structurally sound condition and are protected against
loss of structural stability by heat or fire.
(2)
Storage tanks located in areas subject to traffic
shall be protected against vehicle damage, and all aboveground tanks
shall be screened from view along any existing or proposed roads.
(3)
Storage tanks shall not be in a damaged or leaking
condition. In addition, shutoff valves shall be maintained in a safe
operating condition.
(4)
Pressure relief devices are required on storage tanks
and shall be maintained in safe operating condition so as to relieve
excessive internal pressure.
(5)
Outdoor storage tanks and containers shall be located
on the lot so as to prevent runoff or drainage toward other storage
areas, buildings, natural water resources and/or adjacent properties.
(6)
Signs shall be posted prohibiting open flames and
smoking, and fences or other control measures shall be provided where
necessary to protect against tampering and trespassers.
(7)
A distance of not less than 15 feet shall be maintained
between the liquid storage and any combustible material.
[Added 4-22-1996 by L.L. No. 1-1996]
(8)
In closed containers.
[Amended 4-22-1996 by L.L. No. 1-1996; 8-9-1999 by L.L. No. 3-1999]
(a)
With the exception of liquefied petroleum gas,
all outdoor storage of flammable or combustible materials in closed
containers in quantities of a maximum of 5,000 gallons shall be located
with respect to buildings or adjoining property lines in accordance
with the following table:
|
Storage of Flammable or Combustible Liquids
in Closed Containers
| |||
|---|---|---|---|
|
Class of Liquid1
|
Maximum Quantity
[gallons (drums)]
|
Distance from Buildings or Line of Adjoining
Property2
(feet)
| |
|
I
|
1 to 149 (3)3
|
15
| |
|
150 to 449 (3 to 10)
|
25
| ||
|
500 to 5,000 (10 to 100)
|
50
| ||
|
II and III
|
1 to 149 (3)
|
5
| |
|
150 to 449 (3 to 10)
|
10
| ||
|
500 to 5,000 (10 to 100)
|
30
| ||
|
NOTES:
| |
|---|---|
|
1 .Class I, II and III liquids, flammable and
liquefied natural gas are defined in the New York State Uniform Fire
Prevention and Building Code.
| |
|
2. A distance of not less than 15 feet shall
be maintained between the liquid storage and any combustible material.
In occupancies where the public is invited or permitted, the distance
shall be doubled.
| |
|
3 .The number of drums refers to fifty-gallon
drum containers. Therefore, the maximum quantities of liquids specified
in the table can be stored in the specified number of fifty-gallon
drums.
|
(b)
Outdoor storage of liquefied petroleum gas in
closed containers in quantities of between 10,100 and 30,000 gallons
shall be located no less than 50 feet from buildings or adjoining
property lines.
C.
Storage of flammable materials as a primary use shall be subject to the light industrial use standards in § 200-32, and site plan approval shall be required. Storage of flammable materials shall not be subject to the light industrial use standards in § 200-32 and site plan approval if the storage of flammable materials is accessory to or incidental to another permitted commercial use.
[Added 8-13-2007 by L.L. No. 6-2007]
A private swimming pool installed or maintained as an accessory use, where permitted in § 200-18, shall meet the following requirements:
A.
It shall be used only as an accessory use to a principally
permitted dwelling or to a specially permitted use for the private
use of the owner or occupant of such dwelling or building and his
or her family, guests or employees.
B.
Any such pool shall be completely enclosed by a security
fence not less than four feet in height, with all gates or doors opening
through such enclosure equipped with self-closing and self-latching
devices designed to keep and be capable of keeping such gates or doors
securely closed at all times when not in actual use, and of a type
approved by the Zoning Enforcement Officer.
C.
Such pool shall be maintained in a manner sufficient
to meet the bacterial standards established by the provisions of the
New York State Sanitary Code relating to public swimming pools.
D.
Such pool shall be equipped with an integral filtration
system and filter pumps or other mechanical devices which shall be
so located and constructed as not to interfere with the peace, comfort
and repose of the occupants of any adjoining property.
E.
A private swimming pool shall not be installed or
erected until the owner has obtained a swimming pool permit from the
Zoning Enforcement Officer (applications for swimming pool permits
can be obtained from the Town Clerk or Zoning Enforcement Officer).
A temporary permit may be issued by the Zoning
Enforcement Officer for a period not exceeding one year for a nonconforming
use incidental to housing and construction projects, including such
structures and uses as storage of building materials and machinery,
the processing of building materials and a real estate office located
on the tract being offered for sale, provided that such permits are
conditioned upon agreement by the owner or operator to remove the
structure or structures or use upon expiration of the permit. Such
permits may be renewed upon application to the Zoning Enforcement
Officer for an additional period of one year.
Where the topography is such that the slope
of the land exceeds 15% and, therefore, access to a private garage
built back of the front building line as required by this chapter
is impracticable, it shall be permissible to place such building not
exceeding 12 feet in height within the front yard space, but not closer
to the street line than 43 feet.
[Added 2-12-2007 by L.L. No. 3-2007;
amended 5-21-2012 by L.L. No. 4-2012]
A.
License requirements.
(1)
It shall be unlawful to operate a refreshment stand in the Town of
Milan without a license.
(2)
Vending licenses shall be valid from the date of issue and shall
expire on December 31 of the same year.
[Amended 10-20-2014 by L.L. No. 6-2014; 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(3)
License fees. License fees shall be payable in full upon application for said license and shall be set in the Town's fee schedule, Chapter A208. License fees shall be nonrefundable and shall not be prorated.
[Amended 10-20-2014 by L.L. No. 6-2014]
(4)
Application requirements.
(a)
Applicants for a license to operate a refreshment stand or a renewal thereof shall file with the Zoning Enforcement Officer a verified application upon a form supplied by the Building Department and the application processing fee and license fee as set forth in the Town's fee schedule, Chapter A208.
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(b)
The Town Board may by resolution prepare and amend the application
for a vending license.
(5)
Any honorably discharged veteran of the Armed Services of the United
States who has obtained a veteran's license from the Dutchess County
Clerk under § 32 of the General Business Law, to hawk, peddle,
vend or solicit trade on the streets and highways within the County
of Dutchess, shall be exempt from the fee provisions of this section.
Upon approval of the veteran's application, the Zoning Enforcement
Officer will issue the license to the veteran to operate a refreshment
stand, subject to all other provisions of this section.
(6)
The license shall specify the lot where the refreshment stand is
to be located and shall be valid for that lot only.
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(7)
The license shall be in a form prescribed by the Zoning Enforcement
Officer.
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(8)
No license shall be issued to any applicant if the business sought
to be licensed does not comply with all applicable federal, state,
and local laws, ordinances and regulations.
(9)
Within a reasonable time of receiving the application, the Zoning
Enforcement Officer shall either issue the license or deny the application.
If the application is denied, the Zoning Enforcement Officer shall
notify the applicant, in writing, giving the reasons for the rejection.
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(10)
All licenses shall be displayed in a conspicuous place at all
times during the operation of the refreshment stand.
(11)
A license may not be transferred or assigned and the lot for
which it is valid shall not be changed.
(12)
The provisions of this section shall not apply to the selling
of farm produce by farmers and/or their employees or persons who produce
and sell goods on their own property in the Town of Milan. Farm produce
shall be interpreted only to mean edible farm products.
(13)
The provisions of this section shall not apply to individuals
under the age of 18 years who vend Girl Scout cookies, candy, or similar
items.
(14)
It shall be lawful for any resident under the age of 18 to sell
beverages and pastries in any zoning district in the Town of Milan,
provided that the sale is held on residential or commercial property
owned by a parent or legal guardian. Such sale shall not require a
vending application or the payment of a vending fee.
B.
Suspension or revocation of license.
(1)
A license may be revoked by the Zoning Enforcement Officer only after
notice, in writing, and an opportunity to be heard by the Zoning Board
of Appeals is given to the operator of the refreshment stand.
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(2)
Written notice of intent to suspend or revoke shall be given by certified
mail, return receipt requested, to the licensee at his, her or its
last known address of record. Notice of a hearing for the revocation
of a license shall be given by the Zoning Enforcement Officer, in
writing, setting forth specifically the grounds of the complaint and
the time and date of hearing. Such notice shall be mailed, certified
mail, return receipt requested, to the licensee at his, her or its
last known address at least 10 days prior to the date set for hearing.
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(3)
The Zoning Enforcement Officer shall suspend or revoke the license
of any operator of a refreshment stand found to have violated or to
have permitted a violation of any provision of this chapter or any
other ordinance, rule or regulation or state or federal law pertaining
to the operation of the refreshment stand or for any of the following
causes:
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(a)
Fraud, misrepresentation or false statement contained in an
application for a license.
(b)
Fraud, misrepresentation or false statement made in the course
of operating a refreshment stand.
(c)
Conviction for any criminal offense for which a license could
have been denied pursuant to § 752 of the New York State
Correction Law.
(d)
Operating a refreshment stand in an unlawful manner or in such
a manner as to constitute a menace to the health, safety or general
welfare of the public.
(e)
Upon the recommendation of the Dutchess County Department of
Health that the sale of food or food products or other edibles is
being conducted under unsanitary conditions or that there is a violation
of law, regulation, code or ordinance cited by the Dutchess County
Department of Health.
(4)
Upon a determination that a license should be suspended or revoked,
the Zoning Enforcement Officer shall notify the vendor, in writing
by certified mail, return receipt requested, setting forth reasons
for such suspension or revocation.
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(5)
Upon receipt of a notice from the Zoning Enforcement Officer that
the vendor's license is to be suspended or revoked, the vendor shall
have 10 days to appeal the proposed action of the Zoning Enforcement
Officer to the Zoning Board of Appeals. The Zoning Board of Appeals
shall set a date and time for hearing the appeal within 30 days from
the receipt of the notice of appeal. The Zoning Board of Appeals may
reverse or sustain the action of the Zoning Enforcement Officer.
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(6)
When a license has been revoked, no other license shall be issued
to the same person or business entity until after the expiration of
at least one year.
(7)
Upon revocation of any license, the license fee shall be forfeited.
C.
Operating requirements.
(1)
Refreshment stands shall be permitted to operate on any day or days
during the license period.
[Amended 10-20-2014 by L.L. No. 6-2014]
(2)
Refreshment stands are only permitted on properties that abut a New
York State Highway or a Dutchess County Highway.
[Amended 10-20-2014 by L.L. No. 6-2014]
(3)
Refreshment stands may only be operated on private property with
the written permission of the owner. It shall be unlawful to operate
a refreshment stand on any property abutting any Town of Milan road
or right-of-way.
[Amended 10-20-2014 by L.L. No. 6-2014]
(4)
Pursuant to §§ 1157(c) and 1800 of the New York State
Vehicle and Traffic Law, no person shall occupy any part of a state
highway in any manner for the purpose of selling or soliciting, except
a veteran holding a peddler's license under §§ 32 and
35 of the General Business Law.
(5)
Notwithstanding any other provisions of this chapter, a refreshment
stand shall be considered a permissible accessory use on properties
that abut a New York State Highway or a Dutchess County Highway. A
refreshment stand shall require a license but shall not require a
special permit.
[Amended 10-20-2014 by L.L. No. 6-2014]
(6)
Notwithstanding any other provisions of this chapter, a refreshment
stand shall be allowed one portable sign on the property on which
it is located to identify the refreshment stand. Said sign shall be
removed when the refreshment stand is not in operation. No signs shall
be permitted along the highway advertising the refreshment stand other
than the one portable sign provided for herein.
(7)
Only one licensed refreshment stand shall be allowed to operate on
any lot abutting a county road at any given time, and no more than
four licensed refreshment stands shall be allowed to operate on a
lot abutting a state road at any given time. Each refreshment stand
shall require a separate license.
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(8)
There shall be adequate space for the safe ingress and egress of
cars, which shall be verified by the Zoning Enforcement Officer prior
to issuing the license.
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(9)
There shall be adequate parking for at least two customers' cars
on the property where the refreshment stand is located, which shall
be verified by the Zoning Enforcement Officer prior to issuing the
license.
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
(10)
No refreshment stands shall be operated in a manner that interferes
with pedestrian or vehicular traffic.
(11)
No refreshment stand shall be operated from one hour before
sunset until one hour after sunrise of the following day.
(12)
A refreshment stand may remain on the property for which it
has a license during the time period provided for in said license,
but once the license of a refreshment stand has expired, the refreshment
stand shall be removed from the lot no later than 30 days following
the date of expiration of the refreshment stand's 1icense.
[Amended 10-20-2014 by L.L. No. 6-2014; 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
D.
Replacement of license. If a refreshment stand license is lost or
stolen, such shall be reported to the Zoning Enforcement Officer within
10 days. Upon notification, the Zoning Enforcement Officer shall issue
a replacement refreshment stand license at the cost provided for in
the Town's fee schedule.
[Amended 6-15-2020 by L.L. No. 1-2020; 7-20-2020 by L.L. No. 3-2020]
E.
Nontransferability. No license issued under the provisions of this
section may be used or displayed at any time by any person or business
entity other than the person or entity whose name appears on the license.
