City of Beacon, NY Article III General Regulations

§ 223-7 Conformity required.

[Amended 11-4-2019 by L.L. No. 9-2019]

No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, for any purpose or any manner, except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located. The details of any plan or site plan approved by the City Council, Planning Board or Board of Appeals acting under the terms of this chapter and any conditions attached to such approval as set forth on the plan or resolution shall be deemed to be such requirements.

§ 223-8 Requirements declared to be minimum.

In interpreting and complying with this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the attainment of the purposes set forth in Article I.

§ 223-9 Most restrictive provisions to govern.

Where this chapter requires a greater width or size of yards or other open spaces or a lower height of building or a fewer number of stories or a greater percentage of lot area to be left unoccupied, or otherwise imposes greater restrictions than required by any other statute, bylaw, ordinance or regulation, the provisions of this chapter shall govern. Where the provisions of any other statute, bylaw, ordinance or regulation require a greater width or size of yards or other open spaces or a lower height of building or a fewer number of stories or a greater percentage of lot area to be left unoccupied, or otherwise impose greater restrictions than are required by this chapter, the provisions of such statute, bylaw, ordinance or regulation shall govern.

§ 223-10 Nonconforming uses and structures.

[Amended 12-29-1997 by L.L. No. 14-1997; 12-4-2000 by L.L. No. 18-2000; 7-7-2003 by L.L. No. 7-2003; 6-18-2012 by L.L. No. 12-2012; 6-15-2020 by L.L. No. 7-2020; 11-17-2025 by L.L. No. 12-2025]

A. Continuing existing nonconforming uses. Except as provided in § 223-10H herein, any lawful use of a structure or of land existing on the effective date of this chapter may be continued even though such use does not conform to the use provisions of this chapter. Such uses shall be deemed nonconforming uses.

B. Nonconforming use of land. Where no structure is involved, the lawful nonconforming use of land may be continued, provided that:

(1) Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of the adoption of this chapter.

(2) Such nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter.

(3) If such nonconforming use of land, or any portion thereof, ceases for any reason whatsoever for a continuous period of more than six months, or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this chapter.

(4) No nonconforming use of land shall be changed to another nonconforming use.

C. Nonconforming use of structures. The nonconforming use of a building or structure may be continued, provided that:

(1) Such building or structure shall not be enlarged or extended unless the use therein is changed to a conforming use. (See Subsection E.)

(2) Such nonconforming building shall not be structurally altered during its life to an extent greater than 25% of its fair market value, as determined by the City Tax Assessor, unless such alterations are required by law or by the provisions of Subsection H herein; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted and provided further that any such nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of the adoption of this chapter.

(3) A nonconforming use of a building may be changed only to a use of less nonconformity, as determined by the Board of Appeals.

(4) If any nonconforming use of a building ceases for any reason for a continuous period of more than one year or is changed to a conforming use or if the building in or on which such use is conducted or maintained is moved for any distance whatever for any reason, then any future use of such building shall be in conformity with the standards specified by this chapter for the district in which such building is located.

(5) If any building in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of any land on which such building was located, and the subsequent use of any building thereon, shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.

D. Restoration of damaged buildings. If any nonconforming building shall be destroyed by any means to an extent of more than 50%, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all the regulations of this chapter for the district in which it is located. Where the destruction of such nonconforming building is less than 50%, it may be restored and the nonconforming use continued, provided that the total cost of such restoration does not exceed the replacement value of the destroyed portion of the building at the time of its destruction and further provided that such restoration is started within a period of six months of such destruction and is diligently prosecuted to completion. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall declared unsafe by the Building Inspector.

E. Nonconformity other than use. A building that is conforming in use but does not conform to the height, yard, lot area, lot dimension, land coverage, off-street parking, loading, minimum house size or similar dimensional requirements of this chapter shall not be considered to be nonconforming within the meaning of Subsections C, F and H. No permit shall be issued that will result in the increase of any such nonconformities, except that each side yard of the aforementioned lots may be reduced by one inch for every foot that such lot is less than the minimum width required by this chapter.

F. Registration of nonconforming uses. During the first three complete calendar months following the effective date of this chapter or of any amendment thereto, the owner or owners of property on which there is a nonconforming use of land or buildings (within the definition of this chapter or which may be made so by an amendment thereto) shall register such nonconforming use by filing, with the Board of Appeals, a statement of such nonconforming use. The acceptance of such statements shall not constitute an authorization to operate an unlawful use. The filing of a false registration statement shall constitute a violation of this chapter. If the owner of a nonconforming use shall not so register it, such use shall be presumed to have been discontinued unless the owner submits proof that the use existed legally prior to the effective date of the regulation that made it nonconforming. Annually, the Board of Appeals may send a questionnaire to the persons who have registered a nonconforming use, inquiring as to the status of such use. Such questionnaire shall be sent by certified mail, return receipt requested, to the last addresses available from the filed registration statements. If such questionnaire is not returned within 90 days, the Board of Appeals shall so record this fact and send a notice to the last address of the owner, to the effect that the nonconforming use is presumed to have been abandoned or discontinued unless the owner establishes, to the satisfaction of the Board of Appeals, proof that the use has continued.

G. Nonconforming signs. Regardless of any other provisions of this chapter, every sign which, after the adoption of this chapter, may exist as a nonconforming use in any district shall be discontinued and removed or changed to conform to the standards of said district within a period of 120 days from the date of the adoption of this chapter.

H. General nuisances. Upon a complaint registered by the Building Inspector or 50% of the property owners within 250 feet of a nonconforming use which is considered to be a general nuisance or hazard to the health, safety, welfare and morals of uses or structures within 250 feet of such nonconforming use or uses, the Zoning Board of Appeals shall hold a public hearing and make a finding with respect to the nuisance or hazardous condition which exists and shall determine the necessity of terminating such nonconforming use. Such uses shall be terminated within such reasonable time as shall be determined by the Zoning Board of Appeals as related to the reasonable amortization of the capital investment in such uses.

I. Restoration of destroyed nonconforming multi-family and two-family dwellings in the R1-5 Zone. Notwithstanding Subsection D above, if a preexisting nonconforming multi-family or two-family dwelling in the R1-5 Zoning District shall be destroyed by any means to an extent of more than 50%, the multi-family or two-family dwelling may be reconstructed in-kind and the nonconforming uses continued as follows:

(1) The multi-family or two-family dwelling must be a nonconforming structure at the time of destruction registered with the City per Subsection F above and located in the R1-5 Zoning District;

(2) The reconstruction must be dimensionally in-kind and there shall be no increases to any dimensional nonconformity, including density or parking, that existed on the date of destruction provided that the applicant may reduce any prior dimensional nonconformities, except that a reconstructed multi-family building or two-family dwelling shall be rebuilt with the exact same number of dwelling units and bedrooms as existed before the destruction;

(3) The reconstruction shall be subject to planning board approval pursuant to § 223-25 of this Code; and

(4) A bona-fide and complete application for approval pursuant to § 223-25 of this Code shall be submitted to the City within one year of the date of the destruction and the applicant shall diligently pursue approval of such application.

§ 223-11 Supplementary regulations.

The provisions of this chapter shall be subject to such exceptions, additions or modifications as are herein provided by the following general supplementary regulations in §§ 223-12 through 223-16.

§ 223-12 Buildings, uses and lots.

A. Lot for every building. Every building hereafter erected shall be located on a lot as herein defined, and, except as herein provided, there shall be not more than one main building and its accessory buildings on one lot, except for multifamily or nonresidential buildings in districts where such uses are permitted.

B. Yard and open space for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building: no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.

C. Subdivision of a lot. Where a lot is formed hereafter from the part of a lot already occupied by a building, such separation shall be affected in such a manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.

D. Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of the chapter shall be applied.

E. Oversize lots. A lot which does not conform to one or more of the minimum dimensional requirements of this chapter for the district in which it is located, but contains within its boundaries the potential outlines for a lot which would conform to all of the applicable requirements of this chapter, shall be deemed to be a conforming lot within the meaning of this chapter.

F. Lots under water or within the one-hundred-year floodplain ("area of special flood hazard"). No more than 10% of the minimum area requirement of a lot may be fulfilled by land which is under water or within the one-hundred-year floodplain ("area of special flood hazard"). All minimum front, side and rear yard requirements must be satisfied by measurement on dry land.

[Amended 10-21-1991 by L.L. No. 12-1991]

G. Required street frontage. No building permit shall be issued for any structure unless the lot upon which that structure is to be built has the required frontage on a street, private road or highway, as defined herein, which frontage, except in the case of a common driveway, provides the actual access to such structure, and which street, private road or highway shall have been suitably improved to the satisfaction of the Planning Board or a performance bond posted therefor as provided in § 36 of the General City Law (Chapter 21 of the Consolidated Laws) of New York State.

[Amended 6-20-2005 by L.L. No. 4-2005]

H. Lot width required, Within any residence district, no part of any dwelling or other structure housing a main use and, within any business district, no part of any residence structure shall be erected on that part of a lot where the lot width is less than the minimum requirements for the district in which it is located.

I. New buildings on lots less than the minimum area. A permit may be issued for the erection of a building on a lot for which a valid conveyance has been recorded or contract of sale has been signed and the conveyance recorded prior to the adoption of this chapter, notwithstanding that the area or dimensions of such lot is less than that required for the district in which such lot lies, provided that all yard setbacks and other requirements which are in effect at the time of the obtaining of the building permit are complied with and provided that the owner of such lot does not own other lots contiguous thereto. If this is the case, such other lots or so much thereof as might be necessary shall be combined with the first named lot to make a single conforming lot, or a lot that conforms to the fullest extent possible, whereupon a permit may be issued, but only for such combined lots.

J. Modification of lot requirements. For the purposes set forth earlier in this chapter, and to promote the most appropriate use of land, to preserve the natural and scenic qualities of open lands, to promote natural resource preservation and conservation, and to facilitate the adequate and economical construction of community facilities and utilities, all directed towards the objective of fostering and obtaining land development of good quality and design at reasonable economic cost, the Planning Board is hereby authorized to review and act upon all subdivisions in accordance with the following provisions. In all cases, the Planning Board shall have the full power of subdivision approval, approval with conditions or denial, as authorized by the General City Law. These provisions may be utilized:

[Amended 3-1-2004 by L.L. No. 3-2004; 4-5-2004 by L.L. No. 6-2004]

(1) When applied for by the applicant of the land to be subdivided if, in the judgment and discretion of the Planning Board, their application would benefit the City by satisfying one or more of the purposes set forth in Subsection J above; or

(2) Where the Planning Board determines that their application would benefit the City by satisfying one or more of the purposes set forth in Subsection J above and where the Planning Board determines that one or more of the criteria as set forth in subsections (a) through (d) below would be achieved. In this case the Planning Board shall seek authorization from the City Council, on a case-by-case basis, to require the applicant to submit an application which reflects such modifications of applicable provisions of this chapter.

(a) The preservation of a unique or significant natural feature of the site, including but not limited to a vegetative feature, wildlife habitat, surface water supply, underground aquifer, endangered species, rock formation, steep slope area, etc.

(b) The protection of a unique or significant feature of the man-made environment of the site, including but not limited to a building, structure or artifact of architectural, historical or archaeological value.

(c) The preservation of any unique or significant aesthetic feature of the site, including but not limited to a community vista, ridgeline, historic setting, etc.

(d) The protection of any other unique or significant feature of the site which the Planning Board determines to be important for historic, recreational, educational, open space or similar purposes.

(3) Provisions.

(a) Average density subdivisions. Simultaneously with the approval of a subdivision plat and pursuant to § 37 of the General City Law, the Planning Board may modify the zoning regulations with respect to lot area and dimensions, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the permitted minimum lot area in such district and that there shall not be a greater average density of population or cover of the land with buildings than is permitted in such district and further provided that no lot shall have less than the minimum lot area and dimensions required for lots in the next less restrictive residential zoning district to the one in which the property is located. For the purpose of this section, "average density" shall be determined by the number of single-family residences which could be built under the zoning district standards in full conformity with the City's Subdivision Regulations[1] and all other applicable requirements. The basis for this determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property.

[1] Editor's Note: See Ch. 195, Subdivision of Land.

(b) Conservation subdivisions. Simultaneously with the approval of a subdivision plat and pursuant to § 37 of the General City Law, the Planning Board may modify the zoning regulations in R1 and RD Residence Districts with respect to layout, configuration and design of lots, including minimum lot area, width, depth and frontage, minimum front, side and rear yards, and other similar requirements, buildings and structures, roads, utility lines and other infrastructure, parks or landscaping, provided that:

[1] The permitted number of dwelling units in no case exceeds the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Land Subdivision Regulations,[2] the Dutchess County Department of Health regulations and all other applicable standards. The basis for this determination by the Planning Board shall be the conventional subdivision sketch layout information as may be required by said Board.

[2] Editor's Note: See Ch. 195, Subdivision of Land.

[2] The maximum permitted building height requirements shall be the same as those normally applicable to other dwellings in the zoning district in which the property is located.

[3] In both the R1 and RD Residence Districts, the dwelling units permitted may, at the discretion of the Planning Board, be in detached, semidetached, attached or multistory structures.

[4] In the event that some part of said subdivision plat includes land to be devoted to park, recreation or open space, the Planning Board, as a condition of plat approval, may establish such conditions as shall be approved by the City Council.

[5] In addition to compliance with any special standards, requirements and procedures as set forth in this Subsection J(3)(b), conservation developments shall also be subject to review and public hearing by the Planning Board in accordance with the same procedures as would otherwise be applicable to conventional subdivision plats. Upon the filing of the plat in the office of the County Clerk, a copy shall also be required to be filed with the City Clerk, who shall make the appropriate notations and references thereto on the official copy of the City Zoning Map.

K. Business entrances on residential streets extending into districts. Where any street extends through a residential district and into a business district, any block with frontage on said street, which frontage is partly in the residential district and partly in the business district, shall not be used for any business purpose except as herein set forth. Any business structure erected in said business district shall face and open upon a street which, for its entire extent adjacent to said block, is within the business district, except that show windows in such business structure may be built and exposed upon another street within the area set aside as a part of such business district. All other entrances to the business structures must face on the street which for its entire extent adjacent to the block is within the business district, except that entrances may be made from the other street to the upper stories of such business structures, a single entrance may be made at the corner of such other street and any second means of egress required by law and access to the structure from off-street parking facilities shall be permitted.

L. Transition between residential and nonresidential districts. Where a lot in a commercial or industrial district abuts a lot in a residential district, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district.

M. Premature subdivision. No building permit shall be issued for any construction, other than that required for the maintenance of minimum health and safety standards, within the area of a subdivision designated by the City Council as being premature, as defined herein, until such time as a revised plat has been filed in the office of the Dutchess County Clerk, nor shall any such building permit be issued within a period of 60 days from the date a report on a premature subdivision has been sent to the City Council by the City Planning Board.

N. Front of new dwellings. The front of any new one-family dwelling shall face the front lot line. In the case of a lot fronting on more than one street, the new dwelling shall face the street frontage which will make it most consistent with the front of other dwellings in the block in which it is located. For purposes of this section, the front of the dwelling shall be as determined by the Building Inspector based upon such factors as the location of the front door, the interior floor plan and the exterior appearance of the building.

[Added 6-20-1988]

O. Stormwater management and erosion and sediment control. Stormwater management and erosion and sediment control methods shall be employed for all projects in compliance with Chapter 190, Stormwater Management and Erosion and Sediment Control, and the New York Standards and Specifications for Erosion and Sediment Control. All erosion control practices employed for soil stabilization shall be made of natural fibers (hay, straw, jute, coconut, wood fiber, or similar materials) that are fully biodegradable, unless otherwise approved by the Stormwater Management Officer or applicable municipal board, or unless otherwise required by NYSDEC.

[Added 9-3-2024 by L.L. No. 7-2024]

§ 223-13 Yards; building projections, heights and accessory structures.

[Amended 7-15-2002 by L.L. No. 21-2002; 12-2-2002 by L.L. No. 30-2002; 7-2-2012 by L.L. No. 14-2012; 6-15-2020 by L.L. No. 7-2020]

A. Terraces. A paved terrace shall not be considered in the determination of lot coverage or yard requirements; provided, however, that such terrace is without roof, awnings, screens, walls, parapets or other forms of enclosure. Such terrace, however, may have a guard railing, open wall or fence, but such terrace shall not project into any yard to a point closer than five feet from any lot line.

B. Porches. No porch may project into any required yard. Any two-story or any enclosed porch, or one having a roof and capable of being enclosed, shall be considered a part of the building in determining the yard requirements or amount of lot coverage.

C. Projecting horizontal architectural features. Architectural features, such as windowsills, belt courses, chimneys, cornices, eaves or bay windows, shall not project more than three feet into any required yard. The sum of any bay window projections on any wall shall not exceed 1/4 of the length of any said wall.

D. Fire escapes. Open fire escapes may extend into any required yard not more than six feet: provided, however, that such fire escapes shall not be closer than four feet at any point to any lot line.

E. Projecting features above the roof level. The height limitations of this chapter shall not apply to flagpoles, church spires, belfries, cupolas and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads or similar features, radio and television antennas for the use of residents of dwellings and apartments, necessary mechanical appurtenances usually carried above the roof level, wireless telecommunication services facilities and radio towers. Such a feature, however, shall be erected only to a height necessary to accomplish the purpose it is intended to serve. The total area covered by such features shall not exceed, in cross-sectional area, 15% of the area of the roof on which they are located. Such features as water tanks, cooling towers and bulkheads shall be enclosed within walls. The material and design of such walls shall be in harmony with the main walls of the building on which they are located.

F. Parapet walls. The provisions of this chapter shall not apply to prevent the erection, above the building height limit, of a parapet wall extending above such height limit less than five feet.

G. Walls and fences.

(1) The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that the height of such fence or wall does not exceed four feet in front yards, six feet in side yards and six feet in rear yards, except that mesh garden or deer fencing shall not exceed eight feet in height. Notwithstanding the four-foot height limitation for fences and walls in front yards, the Planning Board shall have the discretion to approve a fence or wall up to six feet in height in front yards in connection with site plan approval where necessary for screening purposes.

(2) The height of a fence shall be the vertical distance from natural or finished grade, as applicable, to the highest part of the fence section, except that the height of a fence on a retaining wall shall be measured from the top of the retaining wall to the highest part of the fence. Where the grade is uneven from the front of the fence to the back of the fence, the fence shall be measured from the side with the lowest natural or finished grade, as applicable. Where the grade along the line of the fence is uneven, the height of the fence may be measured from the base of the fence in eight-foot to ten-foot sections whereby one part of the base of each section shall be at grade and no point of the base of the fence shall be more than one foot above natural grade. For all fences and walls installed after the effective date of this amendment and for all existing fences and walls of which 50% or more is repaired or replaced after the effective date of this amendment, the finished side of the fence or wall shall face neighboring properties or the street, and such fence or wall shall comply with all requirements of § 223-13G.

(3) No fences and walls shall be permitted in locations where they will interfere with adequate sight distance for vehicles exiting from a road or driveway on the parcel where the wall or fence is to be constructed or from driveways on neighboring property.

(4) No signs shall be permitted on fences.

(5) Prohibited materials. The following fences and fencing materials are specifically prohibited in any location on a lot: barbed-wire fences; sharp-pointed fences; unsafe materials; electrically charged aboveground fences; chicken wire; and temporary fences, such as, but not limited to, snow fences, expandable fences and collapsible fences; and in no event shall canvas, cloth or other similar opaque textile fence exceed the height limitation contained in this chapter. For the purposes of this section, temporary fencing shall not include fencing approved by the Building Inspector, including but not limited to fencing for the purposes of erosion and sediment control, construction and life-safety concerns.

H. Underground structures. Structures which are built completely below the level of the natural existing ground surface may be located in any side or rear yard, provided that they are not situated within three feet of any property line, or in the front yard, provided that they are set back from the front property line not less than 1/2 the distance required for aboveground structures. In no case, however, shall underground structures be required to set back further than the distance that would be required for aboveground structures.

I. Visibility at intersections. On a corner lot in any residence district, no fence, wall, hedge or other structure or planting more than 3.5 feet in height shall be erected, placed or maintained within the triangular area formed by a straight line joining points which are 25 feet distant from intersecting lines of the curb or edge of pavement. The height of 3.5 feet shall be measured above the road surface at the edge of the road having the lesser elevation. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground and they are not obstructing street views from the corner.

J. Corner lots. On a corner lot in any residence district, there shall be provided a side yard on the side street equal in depth to the required front yard on said lot, or, if the lot is to be occupied by a one-family home, such side yard may be reduced to 25% of actual lot width.

K. Exception for existing alignment of buildings. If on one side of a street within 250 feet of any lot there is pronounced uniformity of alignment of the fronts of existing buildings and of the depths of front yards greater or less than the depth specified in the Schedules of Regulations,[1] a front yard shall be required in connection with any new building which shall conform as nearly as practicable to those existing on the adjacent lots, except that no such building shall be required to set back from the street a distance greater than 40 feet.

[1] Editor's Note: The Schedules of Regulations are included as attachments to this chapter.

L. Awnings. No awning, or similar weather shielding feature, projecting beyond the property line of any lot into the sidewalk portion of a street shall be erected or maintained on any building, unless such awning or feature shall be firmly attached to the building and is at all points at least eight feet above the sidewalk area.

M. Swimming pools. All swimming pools shall be considered structures and shall set back from lot lines at least the minimum distance required for other principal buildings and structures in that district.

(1) If a swimming pool, as located, is within 100 feet from a dwelling other than the owner's or within 50 feet from any street or property line, the same must be completely surrounded by a fence or wall enclosure not less than four feet in height with openings, holes or gaps (exclusive of gates or doors) therein not more than four inches in one dimension, a part of which enclosure may consist of a dwelling house or accessory building. A wall or fence or other enclosure wholly enclosing a dwelling house shall constitute compliance with this requirement.

(2) Each and every swimming pool gate or door opening through such enclosure shall be equipped and maintained with effective self-closing and self-latching devices, except that the floor of any occupied dwelling house forming a part of such enclosure need not be so equipped. The use of a natural barrier, hedge or pool cover will be deemed to satisfy the requirement of a fence or wall as specified above when approved by the Building Inspector.

N. The minimum height of any principal building on a lot shall be one-story and 12 feet.

§ 223-14 Landscaping, lighting, and miscellaneous regulations.

[Amended 1-19-2016 by L.L. No. 2-2016; 12-9-2019 by L.L. No. 11-2019; 6-15-2020 by L.L. No. 7-2020; 9-19-2022 by L.L. No. 8-2022; 7-7-2025 by L.L. No. 8-2025]

A. Landscaping, screening and buffer areas.

(1) All portions of multifamily and nonresidential properties which are not used for locations for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes shall be landscaped and permanently maintained in such manner as to minimize erosion and stormwater runoff and harmoniously blend such uses with the residential character of the City as a whole.

(2) Buffer areas. Wherever a buffer strip is required by this chapter, it shall meet the following standards:

(a) Be at least 10 feet in width along any lot line abutting or directly across the street from a lot in a residence district.

(b) Be of evergreen planting of such type, height and spacing as, in the judgment of the Planning Board, will screen the activities on the lot from view of a person standing at a street level on the adjoining residential lot. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot.

(c) A wall or fence, of location, height and design approved by the Planning Board, may be substituted for the required planting.

(d) Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements.

B. Exterior lighting. All exterior lighting accessory to a residential, industrial, multifamily or nonresidential use, including the lighting of signs, shall be subject to the following standards:

(1) The type, location, and shading of such lighting shall prevent the spillover of light onto any adjacent residential or multifamily property or direct glare onto any public sidewalk or street.

(2) Such lighting shall use full cutoff fixtures that do not emit light above the horizontal plane into the night sky, except for lighting for short-term events or holidays, flagpole lighting, decorative light sources under 600 lumens, public parks and other public specialty lighting, as determined by the Building Inspector.

(3) Hours of lighting and fixture height, type, design, intensity, and color temperature may be determined by the Planning Board in acting on any site development plan upon consideration of the following considerations:

(a) Lighting fixtures in pedestrian areas should be a maximum of 15 feet in height and parking lot lighting fixtures should be a maximum of 20 feet.

(b) Pedestrian and parking lot areas should average approximately one footcandle. Only high security areas may require lighting in the two to five footcandle range, while over five footcandles is usually a waste of energy and a source of glare.

(c) Color temperatures should be in the range of 2,400 to 4,000 Kelvin degrees.

(d) The color rendering index should be in the range of 80 to 100.

(e) Adaptive controls, such as dimmers, timers, and motion sensor shut-off lighting, should be used whenever appropriate.

C. Refuse disposal. Adequate facilities for disposal of refuse shall be provided in all districts. In multifamily and nonresidential districts, all refuse disposal units or locations for deposit must be screened from view and designed in such fashion as to be fireproof and to prevent access by rodents and blowing away of refuse.

D. Courts. In any district, wherever a room occupied for residential purposes cannot be reasonably and adequately lighted and ventilated from a street or from a yard, as required by this chapter, a court conforming to the provisions of this section shall be provided on which such rooms shall open. The least dimension of any inner court at the sill level of the lowest windows shall be equal to the height of the highest wall forming part of such court. The depth of any outer court shall not exceed 1/2 its width, and such width shall not be less than 15 feet.

E. Accessory buildings on residential lots.

(1) General. No detached accessory building, including a garage, utility shed, storage shed or other outbuilding, but not including construction sheds, is permitted, until such time as the principal building has been substantially completed in conformance with all applicable provisions of this chapter. All accessory buildings shall comply with the dimensional and bulk requirements set forth on the accompanying Schedules of Regulations constituting § 223-17C and E of this chapter unless specifically provided otherwise herein. For the purpose of this section, "residential lots" shall mean any lot containing a permitted residential use.

(2) Sheds. A shed may be erected, provided that it is used for storage and utility purposes that are customary and incidental to the existing residence. Notwithstanding any requirement in the Schedules of Regulations[1] to the contrary, the shed shall be no larger than 144 square feet in floor area and a maximum of 10 feet in height at its highest point.

[1] Editor's Note: The Schedules of Regulations are included as attachments to this chapter.

(3) Detached garages and other accessory buildings. Detached garages and other accessory buildings are permitted, provided that they comply with the accompanying Schedules of Regulations[2] and meet the following additional requirements:

(a) The building shall be located behind the front line of the primary building.

(b) The building shall be permanent, except that fabric-covered frames or structures are permitted, provided that the structure and the fabric are appropriately maintained in good condition.

(c) The building shall not be equipped with showers or bathing fixtures and equipment.

(d) In no case shall the total square footage of all accessory buildings exceed the limits established in the Schedule of Regulations.

(e) Space provided above the grade story shall be utilized for storage only.

[2] Editor's Note: The Schedules of Regulations are included as attachments to this chapter.

(4) This subsection shall not apply to accessory apartments, except that accessory apartments shall be subject to the front yard, rear yard, and side yard requirements set forth under § 223-17E. The maximum square footage requirements of § 223-17E shall not apply to detached accessory apartments provided that areas utilized for another accessory use (e.g., garage) in the accessory building containing the accessory apartment is counted, excluding solar collectors and storage space above the accessory apartment.

§ 223-14.1 Hotels.

[Amended 6-17-2013 by L.L. No. 11-2013]

A. Permitted uses. If a site is to be used for a hotel, use of the site and any buildings or structures on the site shall be limited to usual hotel activities and accessory uses incidental to the operation of a hotel and of the same general character, provided that all such accessory uses shall be planned as an integral part and located on the same site with the hotel.

(1) Such accessory uses may include the following:

(a) Dining facilities providing food and drink.

(b) Newsstands, gift shops and other shops.

(c) Recreation facilities which shall be for the exclusive use of guests or members.

(d) Employees' quarters and facilities.

(e) Spa facilities.

(f) Conference center facilities.

(2) All hotels shall include the following:

(a) A lobby, registry desk, manager's office and public rest room facilities.

(b) Off-street parking facilities.

(c) Access to all guest rooms from an interior hallway.

B. Screening. Outdoor parking areas and recreational facilities shall be screened with fencing, landscaping and/or buildings on all sides toward adjoining residential lots. Where hotel buildings are set back less than 100 feet from one-family residential lots, such buildings shall be suitably screened with planting.

C. Off-street parking shall be in accordance with § 223-26.

[Amended 8-5-2024 by L.L. No. 5-2024]

D. No kitchen facilities. There shall be no kitchen facilities in the hotel rooms except for a coffeemaker, a microwave oven and a small refrigerator.

§ 223-14.2 Artist live/work spaces.

[Added 8-6-2001 by L.L. No. 12-2001]

A. Development standards.

(1) An artist live/work space may exist on the first floor of a structure only if the appearance and use of the live/work space on the street side is consistent with the nature of the permitted uses in the surrounding area. For example, if the surrounding area is retail in nature at the first-floor level, the live/work space shall be restricted to retail on the street side of the first floor, and said street side space shall be large enough, in the opinion of the Building Inspector, to support a typical retail enterprise.

(2) Each artist live/work space and its various components shall be physically separate and distinct from other live/work spaces and other uses within a particular building. The sharing of artist live/work spaces by multiple tenancies, components thereof or utilities shall not be permitted. However, access to live/work spaces may be provided from common access areas, halls or corridors.

(3) Each artist live/work space must be individually equipped with an enclosed bathroom containing a sink, toilet, shower or tub and appropriate venting.

(4) Each artist live/work space must be individually equipped with a kitchen consisting of a sink, nonportable stove, oven and refrigerator.

(5) Each artist live/work space must contain a floor area of no less than 800 square feet, of which a minimum area shall be devoted to the following: 35 square feet for an enclosed bathroom, 60 square feet for a kitchen, and 120 square feet for a sleeping area.

(6) No more than 30% of the floor area of the artist live/work space may be devoted to residential space.

(7) Direct access between living and working areas must be provided.

(8) In order to ensure that the use is consistent with the other commercial uses, artist live/work spaces shall not be used for classroom instructional uses with more than two pupils at any one time; the storage of flammable liquids or hazardous materials; welding; or any open-flame work. Further, the work in the live/work space shall be so conducted as not to cause noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt or electrical disturbance which is perceptible by the average person located within any other residential or commercial unit within the structure or beyond any lot line.

(9) Not more than one person who is 18 years of age or older may reside within an artist live/work space per 300 square feet of residential floor area. Further, not more than two persons who are at least 18 years of age, of which at least one of whom is an artist in residence, and not more than two children of said persons who are under 22 years of age may reside within a live/work space on a year-round basis.

(10) Only one nonresident employee may be employed within an artist live/work space. This requirement may be waived for live/work spaces that provide retail space on the first floor.

(11) Other than in a first-floor retail-oriented area, articles offered for sale within a live/work space must include those produced by the artist residing in said live/work space and may be offered with other like items.

(12) One flush-mounted, nonilluminated sign, with a maximum area of two square feet, attached adjacent to or near the street entrance door to the live/work space may be used to identify the artist. This sign may list only the name of the artist with a one- or two-word description of the type of artwork or craft that is to be conducted within the live/work space. Where two or more live/work spaces occur within the same building, the signs must be placed in an orderly fashion in relation to each other and must be part of a coherent directory in which signs are ordered in a horizontal fashion. Where five or more live/work spaces are developed within one building, an interior directory sign shall be located in lieu of individual signs on the building exterior.

(13) Residential space and work space shall not be rented separately or used by persons other than those people legally residing within the artist live/work spaces and permitted nonresident employees.

(14) No artist live/work space shall serve as a place from which commercial vehicles are dispatched or operated.

(15) All live/work spaces shall conform to all applicable building codes.[1]

[1] Editor's Note: See Ch. 119, Uniform Fire Prevention and Building Code.

(16) For the purposes of this permitted use, artists shall only be those persons working exclusively with paint, paper, clay and/or other soft materials, and this use shall include photography, jewelry making, graphic arts and other similar relatively quiet endeavors as determined by the City Council in reviewing the proposed special use permit application. Tattoo appliers, body piercers and musicians shall not be considered artists for the purpose of this use.

(17) Renewal inspections. Each artist live/work space shall be inspected by the Building Department every two years in order to determine whether the artist live/work space remains in compliance with this section. Upon a satisfactory inspection report, the artist live/work space owner shall be reissued a certificate of occupancy for two additional years. If the Building Inspector determines that the artist live/work space is not in compliance, the building owner or manager shall have 60 days in which to rectify all noncomplying elements and shall apply for reinspection with the Building Department, subject to an additional fee. If all such noncomplying elements are not rectified within the above-specified time frame, the certificate of occupancy for the use shall expire and the use as authorized by the special permit shall be terminated.[2]

[Added 9-19-2005 by L.L. No. 11-2005; amended 3-18-2013 by L.L. No. 6-2013]

[2] Editor’s Note: Former Subsection B, regarding procedures for special permits, which immediately followed this subsection, was repealed 3-18-2013 by L.L. No. 6-2013. Section 4 of this local law provided as follows: "Any artist live-work space that failed to comply with the prior language of § 223-24.3B shall have six months from the effective date of this local law to renew its special permit by complying with new § 223-24.3A(18) and (19) and existing Subsection A(17) and any other applicable provision of the City Code. Failure to do so shall result in the expiration of the special permit and the use as authorized by the special permit shall be terminated."

(18) The owner of the live/work space shall file a certification with the Building Department every two years, and at any point in time when there is a change in ownership or a change in the use of the space, on a form provided by said Department, which certifies that the live/work space is in conformance with the Zoning Chapter and the special permit, and that the residential portion of the space has not been expanded beyond a maximum of 30% of the floor area of the live/work space, as required by Subsection A(6) above.

[Added 3-18-2013 by L.L. No. 6-2013]

(19) The deed, offering plan, certificate of occupancy and/or rental agreement, as appropriate, for each artist live/work space shall contain language, satisfactory to the City Attorney in form and substance, which states that the subject dwelling is an artist live/work space as defined in § 223-63 of the Zoning Chapter of the Code of the City of Beacon, New York, and is subject to all restrictions and limitations as set forth in said chapter and the approval resolution(s), including the requirement for a certification with the Building Department in accordance with § 223-24.3A(18). Proof of recording of the deed shall be provided to the Building Department within 60 days after the conveyance.

[Added 3-18-2013 by L.L. No. 6-2013]

§ 223-15 Signs.

[Amended 12-4-2000 by L.L. No. 20-2000; 2-19-2013 by L.L. No. 2-2013]

A. Conformity required. No sign or billboard shall be erected, constructed, displayed, maintained, moved, reconstructed, extended, enlarged or altered, except in conformity with and expressly authorized by the provisions of this chapter.

B. Relationship to a permitted use. All signs must pertain to a use conducted on the same property on which they are located.

C. Signs in residence districts. In residence districts, the following signs are hereby authorized:

(1) One identification sign stating the name and address of the resident or property or the number of the lot, not exceeding one square foot in area.

(2) One identification sign announcing any profession or occupation permitted as an accessory use on the lot, not exceeding one square foot of area.

(3) For other permitted uses, one sign at each street frontage where the use has an access drive, provided that the total area of such sign does not exceed 50 square feet.

(4) Temporary signs in accordance with Subsection F below.

(5) Interior signs displayed through windows shall not require a permit under this section, and said signs shall not count toward maximum number of signs affixed to a building per establishment. However, interior window signs affixed to or placed so as to be visible through a window shall be limited to the windows of the structure within which the permitted use is situated, facing the principal street giving access to such structure. The total amount of signage shall not exceed 30% of the total glass area. All signs shall be maintained in a legible, neat and orderly fashion.

D. Sign regulations in residence districts.

(1) Animation. No sign shall be mechanically animated, such as moving, rotating or revolving.

(2) Setback. All signs shall be located within the setback lines of the lot or on the building.

(3) Repair. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition.

(4) Illumination. Permitted signs may be internally or externally illuminated, except by means of a neon-type electric material, provided that such illumination shall not be twinkling, flashing, intermittent, or of changing degrees of intensity or projected outward from the property onto adjacent properties or public rights-of-way and provided that the source of such illumination shall not be visible beyond the boundaries of the lot on which it is located. Notwithstanding the above, neon, LCD and LED signs shall not be permitted.

(5) Placement. No sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.

E. Signs in nonresidence districts. In nonresidence districts, the following signs are hereby authorized:

(1) Not more than one sign affixed to the outer wall of the structure within which the permitted use is situated, which outer wall faces the principal street giving access to such structure, provided that:

(a) The aggregate area of each such sign shall not exceed one square foot for each linear foot of building facing the street.

(b) No such sign shall exceed two feet in height, except that a vertical projecting wall sign shall not exceed eight feet in height. A vertical projecting wall sign is defined as any sign which is attached to the building wall or structure which is perpendicular to the face of such wall or structure.

(c) No sign shall project above the eaves of the building on which it is affixed or, if no eaves exist thereon, the roof, nor shall any sign extend more than six inches into any required yard.

(d) No sign shall face an abutting residential zoning district if located within 50 feet of such district.

(e) Vertical projecting wall signs shall not have more than two faces.

(f) The exterior edge of a vertical projecting wall sign shall not extend more than five feet from the outer wall of the structure or 1/3 the width of the sidewalk, whichever is less.

(g) No part of a vertical projecting wall sign shall extend into vehicular traffic areas, and any part over pedestrian areas shall have a minimum clearance of seven feet, six inches.

(2) Not more than one freestanding sign facing each street on which the lot abuts, provided that:

(a) The building is set back not less than 50 feet from the street line, in which case the sign shall not exceed 20 square feet in area.

(b) The building is set back not less than 100 feet from the street line, in which case the sign shall not exceed 35 square feet in area.

(c) No dimension shall exceed 12 feet.

(3) One identification sign, not exceeding 10 square feet in area, to the outer wall of the structure facing upon a street or parking lot not faced by a sign as permitted in Subsection E(1) above.

(4) In addition to other permitted signs, necessary small directional signs are permitted on access roads and parking areas, provided that the area of each sign shall not exceed two square feet.

(5) Interior signs displayed through windows shall not require a permit under this section, and said signs shall not count toward maximum number of signs affixed to a building per establishment. However, interior window signs affixed to or placed so as to be visible through a window shall be limited to the windows of the structure within which the permitted use is situated, facing the principal street giving access to such structure. The total amount of signage shall not exceed 30% of the total glass area. All signs shall be maintained in a legible, neat and orderly fashion.

(6) Temporary signs in accordance with Subsection F below.

F. Temporary signs.

(1) A temporary sign is a nonilluminated sign that is used in connection with a circumstance, situation or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, such as signs displayed during campaigns, drives or events of civic, political, philanthropic, educational or religious institutions. If such sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as "temporary." Unless otherwise provided in this section, signs shall not be considered temporary if they are effectively displayed on an ongoing basis, interrupted by short intervals when they are not displayed. Temporary signs shall not require a permit under this section, unless located in the public right-of-way or on public property.

(2) Temporary signs must be removed by the individual or organization which posted, or caused to be posted, such temporary signs within seven calendar days after the event for which they are displayed, unless otherwise provided in this section.

(3) No temporary sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.

(4) The following temporary signs shall be permitted in all districts, unless otherwise provided in this section:

(a) Not more than one temporary sign for each street frontage of the lot, identifying the architect, engineer and/or contractor, and not exceeding 40 square feet in area in nonresidence districts and six square feet in residence districts, shall be permitted during the course of construction only.

(b) One "for sale" or one "to let" sign not exceeding six square feet in area for a single lot, or 50 square feet in area for a real estate subdivision, and set back at least 15 feet along the frontage of the street upon which the property is located. A "sold" sign shall not be displayed for more than 30 calendar days.

(c) Signs indicating that a special event such as a grand opening, fair, carnival, circus, festival or similar event is taking place on the lot where the sign is located, not exceeding 40 square feet in area in nonresidence districts and six square feet in residence districts, and limited to one sign for each street frontage of the lot. The sign shall not be posted sooner than two weeks prior to the special event and shall be removed by the individual or organization which posted, or caused to be posted, such sign within three calendar days following the special event.

(d) Sidewalk signs with no more than two faces, including but not limited to sandwich boards, in nonresidence districts, or in any other district provided the sign is located on Route 52 (Fishkill Avenue and Teller Avenue) or Route 9D (North Avenue and Wolcott Avenue), not exceeding one sign per business and not exceeding two feet in width and three feet in height. Sidewalk signs may be displayed on an ongoing basis, but shall not be displayed between the hours of 11:00 p.m. and 6:00 a.m., shall not include banners, and shall not be tethered. Sidewalk signs shall be located in the front of the business for which the sign is displayed, unless the business is located on a corner lot in which case the sign may be located to the side of the business, or unless the business maintains a rear entrance in which case the sign may be located to the rear of the business.

(e) Signs for tag, garage or yard sales, not exceeding six square feet.

(f) Signs conveying a nonpolitical, noncommercial message, not exceeding 40 square feet in area in nonresidence districts and six square feet in residence districts and limited to one sign for each street frontage of the lot.

(g) Political posters, banners, promotional devices and similar political signs.

G. Sign regulations in nonresidence districts.

(1) Illumination. Permitted signs may be internally or externally illuminated, provided that such illumination shall not be twinkling, flashing, intermittent, of changing degrees of intensity or projected outward from the property onto adjacent properties or public rights-of-way and provided that the source of such illumination shall not be visible beyond the boundaries of the lot on which it is located. Notwithstanding the above, neon, LCD and LED signs may be permitted.

(2) Placement. No sign shall be located so as to obscure any signs displayed by public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.

(3) Setback. Unless otherwise specified, all signs shall be located within the setback lines of the lot or on the building.

(4) Repair. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition.

(5) Animation. No sign shall be mechanically animated, such as moving, rotating or revolving.

H. Temporary signs in the public right-of-way and on public property.

(1) Permit required. In all districts, no temporary signs shall be erected in the public right-of-way or on public property without a permit, unless specifically exempted below.

(2) Exceptions. The following signs shall not be subject to the issuance of a permit:

(a) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.

(b) Temporary emergency warning signs erected by a governmental body, public utility company or contractor doing authorized or permitted work within the public right-of-way, provided that such signs shall be located outside of the public vehicular and pedestrian travel ways and shall be placed so as not to create any nuisance or threat to public safety.

(c) Bus stops erected by a public transit company.

(d) Informational signs of a public utility regarding its poles, lines, pipes or facilities.

(3) Permit standards. The Building Inspector or his duly authorized designee shall issue a permit within a reasonable period of time following receipt of a complete permit application for the placement of a temporary sign in the right-of-way or on public property, provided the following conditions are satisfied:

(a) Submission of a permit application on a form issued by the Building Department and payment of the application fee as set forth in the City of Beacon Fee Schedule.[1]

[1] Editor's Note: The fee schedule is on file in the City offices.

(b) No sign shall be placed in a location that would cause a violation of the provisions of the Americans with Disabilities Act, as may be amended from time to time.[2]

[2] Editor's Note: See 42 U.S.C. § 12101 et seq.

(c) All signs must comply with the provisions of Subsection F, above.

(d) No sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow or means of egress.

(e) The necessity of surety bonds and/or insurance shall be determined by the Building Inspector or his duly authorized designee. If it is determined that such surety bond and/or insurance is necessary, the amount of such surety bond and/or insurance shall be determined by the Building Inspector or his duly authorized designee, in his/her sole discretion, as may be necessary to defray any expense of liability from the City. Surety bonds and/or insurance policies shall be approved as to form by the City Attorney.

(f) Permits for sidewalk signs shall be valid for one year from the date of issuance and shall not be transferrable.

I. Violations.

(1) Noncompliance with any of the foregoing provisions shall constitute an offense, punishable as provided for in § 1-3, General penalty. When a person has received written notice from the Building Inspector or has been served with a summons and complaint in an action to enjoin continuance of any violation, each day in excess of 10 days thereafter that he shall continue to be guilty of such violation shall constitute an additional, separate and distinct offense.

(2) Any temporary sign installed or placed, except in conformance with the requirements of this section, shall be subject to removal. In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such sign the full costs of removal and disposal of such signs in accordance with the administrative fee set forth in the City of Beacon Schedule of Fees.[3] The fee shall be paid by the individual or entity retrieving the signs from the City. The City shall dispose of the sign(s) after five calendar days from the removal of the sign(s) by the City.

[3] Editor's Note: The fee schedule is on file in the City offices.

(3) The display of any sign at a location containing the name or address of a person or entity and a commercial message relating to such person or address shall be presumptive evidence that such person installed, created, erected and maintained the sign at the location where it was displayed. This presumption shall be subject to rebuttal by competent evidence.

§ 223-16 Wetlands and watercourses; hilltops, ridgelines and steep slopes.

A. Alteration of wetlands or watercourses. In any district, no alteration of wetlands or watercourses, whether by excavation, filling, grading, clearing, draining or otherwise. and whether or not incidental to activities otherwise permitted, shall be made in contours (whether submerged or above water level), water levels or flow of such wetlands or watercourses without review as to the effect of such alteration and any related facilities on water recharge areas, water table levels, water pollution, aquatic animal and plant life, temperature change, drainage, flooding, runoff and erosion. This review and approval of such alteration shall be made by the Planning Board.

B. Hilltops, ridgelines and very steep slopes. For the purpose of preventing erosion, minimizing stormwater runoff and flooding, preserving the City’s underground water resources and protecting the City’s character and property values, it is the intent of this chapter to avoid the development of hilltops, ridgelines and very steep slopes, and toward this end, wherever practicable, new construction shall avoid such areas, and existing vegetation in such areas shall not be disturbed wherever practicable. The City Council, the Planning Board, the Zoning Board of Appeals and the Building Inspector shall take these objectives into consideration in reviewing and acting on any plans submitted pursuant to the provisions of this chapter. Further, no building, development, construction of other site improvements, excavation, filling, grading, or removal of significant vegetation shall be permitted on a very steep slope unless the approval authority has determined:

[Amended 3-1-2004 by L.L. No. 2-2004; 9-3-2024 by L.L. No. 7-2024]

(1) That there is no other suitable alternative area within the lot available for the proposed use, improvement or development of such lot;

(2) That the activity proposed is the minimum necessary to make reasonable use of the land;

(3) That all feasible construction standards and precautions will be taken to assure that environmental impacts will be minimized;

(4) That all erosion control practices proposed for soil stabilization are made of natural fibers (hay, straw, jute, coconut, wood fiber, or similar materials) that are fully biodegradable, unless otherwise approved by the approval authority, or unless otherwise required by NYSDEC; and

(5) That the purpose and intent of this section are satisfied to the maximum degree feasible.

C. Procedure. Before granting or denying any request in accordance with this section, the Planning Board:

[Amended 5-2-2016 by L.L. No. 7-2016]

(1) May require a public hearing, the notice of which shall be published by the applicant in the City's officially designated newspaper at least five days prior to the date of such hearing.

(2) May request a written report on the effects of such alteration by the Soil Conservation Service of the United States Department of Agriculture or other expert of the Planning Board's choosing at the expense of the property owner or developer, and payment in advance of the amount of such expense, if any, shall be a condition of further consideration.

§ 223-17 Schedules of Regulations.

[Amended 1-19-2016 by L.L. No. 2-2016; 6-15-2020 by L.L. No. 7-2020; 5-5-2025 by L.L. No. 4-2025]

A. The accompanying Schedules of Regulations constituting § 223-17C and D herein list and define the use of land and buildings, the height of buildings, the yards and other open space to be provided in connection with buildings, the area of lots, off-street parking space and other matters. The regulations listed for each district as designated are hereby adopted and prescribed for each such district, subject to the provisions of this section, and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application.

B. Uses not expressly permitted are prohibited. Any use not expressly permitted in a district by this chapter, or as set forth in § 223-17C, Schedule of Use Regulations, is prohibited.

C. Schedule of Use Regulations.[1]

[1] Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.

D. Schedule of Dimensional Regulations.[2]

[2] Editor's Note: The Schedule of Dimensional Regulations is included as an attachment to this chapter.

E. Schedule of Regulations for Accessory Buildings on Residential Lots.[3]

[3] Editor's Note: The Schedule of Regulations for Accessory Buildings on Residential Lots is included as an attachment to this chapter.

§ 223-17.1 Home occupation and home professional office uses.

[Amended 10-15-2001 by L.L. No. 18-2001; 4-5-2004 by L.L. No. 5-2004]

A. There shall be no exterior storage of materials or equipment in connection with the use.

B. The maximum area of the use within the principal building on the lot shall not exceed the area of the basement plus 30% of the finished area of the floor(s) above the basement. In addition, the maximum floor area of the use within an accessory building shall not exceed 750 square feet.

C. There shall be no use of show windows, displays or other advertising visible outside the premises to attract customers or clients, except for permitted signage.

D. No offensive odor, noise, vibration, smoke, dust, heat, light, glare or other similar condition shall be produced by the use, and no electrical, television or radio interference to neighboring properties shall be produced by the use.

E. The use shall not add significantly to the quantity of waste material that would be expected for a residence without such accessory use.

F. No manufacturing shall take place as part of the use.

G. The use shall be conducted in such a manner and during such hours that it does not adversely affect the immediate neighborhood.

H. No external alterations, additions or changes to the structure(s) (other than signage) shall be permitted which would adversely affect the residential appearance of the premises.

I. Pickups from and deliveries to the use shall only occur between 8:00 a.m. and 6:00 p.m.

J. The use shall be conducted in a quiet manner.

§ 223-17.2 Natural gas extraction.

[Added 5-7-2012 by L.L. No. 8-2012]

A. Intent. The City Council of the City of Beacon finds, declares and determines that the exploration for natural gas, the extraction of natural gas and the storage, transfer, treatment or disposal of natural gas exploration and production wastes within the City of Beacon poses a significant threat to its residents' health, safety and welfare. If natural gas exploration or extraction or the storage, transfer, treatment or disposal of natural gas exploration and production wastes were to occur within the City, this activity would endanger the health, safety and welfare of City residents through the deposit of toxins into the air, soil, water, environment and the bodies of residents within the City. Clean air and water are essential to most resources and activities in the Beacon area and the quality of the air and the water will be degraded by natural gas exploration and extraction activities and/or the storage, transfer treatment or disposal of natural gas exploration and production wastes; and natural gas exploration and extraction activities and the storage, transfer, treatment or disposal of natural gas exploration and production wastes may presently or in the future cause irreparable harm to the City's water supply, pollution of the water, soil and air, and may cause cancer, lung disease and respiratory diseases. This ordinance is not directed at the regulatory scheme for the operation of natural gas wells under the Oil, Gas and Solution Mining Law of New York State. It only addresses land use and nuisance concerns and the protection of the health, safety and welfare of the people of the City of Beacon and the enhancement of its physical environment.

B. Definitions. For the purposes of this section, certain words and terms used herein are defined as follows:

NATURAL GAS

Any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature or pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.

NATURAL GAS EXPLORATION

Geologic or geophysical activities related to the search for natural gas or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, which include but are not limited to core or rotary drilling or making an excavation in the search and evaluation of natural gas or other subsurface hydrocarbon deposits.

NATURAL GAS EXPLORATION AND PRODUCTION WASTES

Any garbage, refuse, sludge, or other discarded materials, including solid, liquid, semisolid, or contained gaseous material that results from or is associated with the exploration, drilling or extraction of natural gas.

C. Prohibited uses.

(1) No land in the City of Beacon shall be used for any of the following:

(a) To conduct any exploration for natural gas;

(b) To drill any well for natural gas;

(c) To transfer, store, process or treat natural gas exploration and production wastes;

(d) To dispose of natural gas exploration and production wastes; or

(e) To erect any derrick, building, or other structure or place any machinery or equipment for such purposes.

(2) No land in the City of Beacon shall be used for the storage, transfer, treatment and/or disposal of natural gas exploration and production wastes.

D. No application to customary local distribution lines. The prohibitions set forth herein are not intended, and shall not be construed, to prevent or prohibit the right to use roadways in commerce or otherwise for travel, prevent or prohibit the transmission of natural gas through utility pipes, lines or similar appurtenances for the limited purpose of supplying natural gas to residents or buildings located in the City, or prevent or prohibit the incidental or normal sale, storage, or use of lubricating oil, heating oil, gasoline, diesel fuel, kerosene, or propane in connection with agriculture, residential, business, commercial and other permitted uses within the City.

§ 223-18 Special permit uses.

A. General provisions. The special uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.

B. Application for a special permit.

[Amended 12-20-1993 by L.L. No. 5-1993; 12-18-2000 by L.L. No. 22-2000; 6-17-2013 by L.L. No. 12-2013; 4-21-2014 by L.L. No. 1-2014; 5-2-2016 by L.L. No. 7-2016; 6-15-2020 by L.L. No. 7-2020]

(1) Application for required special permits shall be made to the City Council or Planning Board as indicated in § 223-17, Schedule of Use Regulations. If the approval authority is the City Council, the application shall be first submitted to the Planning Board as agent for the City Council, and the applicant shall appear before the Planning Board prior to appearing before the City Council. All application materials, including plans, shall be submitted in electronic file format acceptable to the Building Department, in addition to at least five paper copies (or such other format or amount as determined by the Building Department), at least two weeks prior to the regular Planning Board meeting at which it will be considered. The Planning Board shall, upon receiving an application for the City Council, forward a copy of the application to the City Council for the Council' s use in initiating the state environmental quality review process and for otherwise processing the application. The Planning Board shall render a report to the City Council on each such application, which report shall be rendered within 45 days of the date such application is received by the Board. Each report shall be submitted to both the Building Inspector and the City Engineer. The City Council or Planning Board shall conduct a public hearing within 62 days from the day on which a complete application is received. Public notice of said hearing shall be provided by the applicant in accordance with § 223-61.3 of this chapter. The City Council or Planning Board shall decide upon the application within 62 days after the hearing, provided that the SEQR process has been concluded. The time in which the City Council or Planning Board must render its decision may be extended by mutual consent of the applicant and the approving authority. The City Council or Planning Board may authorize the issuance of a permit, provided that it shall find that all of the following conditions and standards have been met:

(a) The location and size of the use, the nature, hours and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will not conflict with the appropriate and orderly development of the site and the existing permitted uses on adjacent blocks.

(b) The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site are such that the use will not conflict with the existing permitted uses on adjacent blocks and will not hinder or discourage the appropriate development use of adjacent land and buildings.

(c) Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration or other characteristic in Article IV than would be the operations of any permitted use, not requiring a special permit.

(d) Parking areas will be of adequate size for the particular use and properly located and suitably screened from adjoining residential uses, the entrance and exit drives shall be laid out so as to achieve maximum safety, and uses will not cause unreasonable traffic congestion or create a traffic hazard.

(e) Uses, buildings, and operations will be accessible for emergency services and appropriately located for water, sewer, and other infrastructure requirements.

(f) The use will comply with other regulations in the Code and will be compatible with the recommendations in the City’s Comprehensive Plan and Local Waterfront Revitalization Program.

(2) The decision of the City Council or Planning Board on the application, after the holding of the public hearing, shall be filed in the office of the City Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.

C. A plan for the proposed development of a lot for a permitted special use shall be submitted with an application for a special permit. The plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, type and location of exterior lighting, drainage improvements in accordance with § 223-25F of this chapter, special features and any other pertinent information, including information about neighboring properties, that may be necessary to determine and provide for the enforcement of this chapter. The Planning Board, in preparing its report, as required in Subsection B, shall give particular study to the plan and shall recommend any changes that should be made in the plan to meet the conditions enumerated in §§ 223-17D and 223-18B.

[Amended 3-1-1993 by L.L. No. 2-1993; 4-5-1993 by L.L. No. 3-1993]

D. A current certificate of inspection issued pursuant to § 179-6 of this Code shall be submitted prior to rendering a final decision on an application for a special permit.

[Added 7-18-2011 by L.L. No. 11-2011[1]; amended 10-3-2011 by L.L. No. 12-2011]

[1] Editor's Note: This local law also provided for the redesignation of former Subsections D through I as Subsections E through J, respectively.

E. Conditions and safeguards. The City Council shall attach such conditions and safeguards to the special permit as are necessary to assure continual conformance to all applicable standards and requirements.

F. Expiration of special permits.

[Amended 10-18-1993 by L.L. No. 4-1993; 12-21-1998 by L.L. No. 16-1998; 4-18-2016 by L.L. No. 6-2016]

(1) A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if:

(a) A bona fide application for a building permit is not filed within one year of the issuance of the special permit; or

(b) If all required improvements are not made:

[1] For special permits that do not include construction of a new building or addition, within one year from the date of the issuance of the building permit.

[2] For special permits that include construction of a new building or addition, within two years from the date of issuance of the building permit.

(c) Said use or uses shall cease for more than six months for any reason.

(2) The City Council may grant one or more extensions, of up to six months each, to:

(a) Complete the conditions of approval for the special permit use, upon a finding that an applicant is working toward completion of such conditions with due diligence and has offered a reasonable explanation of its inability to complete such improvements and file a bona fide application for a building permit within one year of the issuance of the special permit. No further extensions may be granted if the conditions are not completed within two years following the issuance of the special permit; and

(b) Complete construction of the improvements, upon a finding that an applicant is prosecuting construction with due diligence and has offered a reasonable explanation of its inability to complete the project. No such extensions shall be granted unless the City Council finds that all appropriate erosion control measures to protect surrounding properties are in place.

(3) The City Council may impose such conditions as it deems appropriate upon the grant of any extension. The granting of an extension of time under this section shall not require a public hearing.

G. Existing violations. No permit shall be issued for a special use for a property where there is an existing violation of this chapter.

H. [2] In the event that the improvements set forth in the special permit have commenced prior to the expiration date, but are not completed by that time, the applicant shall pay a daily fine of $25 until a certificate of occupancy has been issued by the Building Department.

[Added 8-1-1994]

[2] Editor's Note: Former Subsection H, Notice of hearing, added 10-18-1993 by L.L. No. 4-1993, was repealed 6-17-2013 by L.L. No. 12-2013. This local law also provided for the redesignation of former Subsections I and J as Subsections H and I, respectively.

I. Revocation. The Building Inspector may revoke a special permit where it is found that the use of the premises does not conform with the limitations and conditions contained in the special permit.

[Added 5-2-1994]

§ 223-19 Individual standards and regulations for special permit uses.

A special permit use shall conform to the following individual standards and regulations in §§ 223-20 through 223-24, where applicable, in addition to all other regulations for the zoning district in which the special permit use is located.

§ 223-20 (Reserved) [1]

[1] Editor's Note: Former § 223-20, Hotels, was renumbered as § 223-14.1 by L.L. No. 7-2020, adopted 6-15-2020.

§ 223-20.1 Adult uses.

[Added 12-5-1994 by L.L. No. 16-1994]

A. Purposes and considerations.

(1) In the execution of this law it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.

(2) It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the City of Beacon.

(3) These special regulations are itemized to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

B. Definitions. The following definitions shall apply to the regulation of adult uses:

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and video tapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT CABARET

A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainment, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT DRIVE-IN THEATER

A drive-in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.

ADULT ENTERTAINMENT

See "adult use."

ADULT MOTEL

A motel which is not open to the public generally but excludes minors by reason of age, or which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a movie theater, would not be open to the public generally but would exclude any minor by reason of age.

ADULT THEATER

A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but excludes any minor by reason of age.

ADULT USE

This use includes and is limited to adult bookstores, adult drive-in theaters, adult cabarets, adult motels, adult theaters, massage establishments and peep shows. Any use, such as for example a hotel, which includes any form of adult entertainment as a principal or any accessory use shall be considered an adult use for the purpose of this chapter.

MASSAGE ESTABLISHMENTS

Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors. This definition shall not be construed to include a hospital, nursing home or medical clinic, or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist, or a barbershop or beauty salon in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude massage therapy establishments which are operated by a professional massage therapist licensed by the State of New York, health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts, or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.

PEEP SHOWS

A theater which presents material in the form of live shows, films, slides or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.

C. Location. Adult uses are to be restricted as to location in the following manner in addition to any other requirements of this code:

(1) Adult uses shall not be located within a five-hundred-foot radius of the following zoning districts which permit residential development: R1-120, R1-80, R1-40, R1-20, R1-10, R1-7.5, R1-5, RD-7.5, RD-6, RD-5, RD-4, RD-3, RD-1.8, RD-1.7 and Senior Affordable Housing Overlay District.

[Amended 2-16-2010 by L.L. No. 2-2010; 10-17-2016 by L.L. No. 11-2016; 6-15-2020 by L.L. No. 7-2020]

(2) Adult uses shall not be located within a one-half-mile radius of another such use.

(3) Adult uses shall not be located within a five-hundred-foot radius of the property lines of any school, church or other religious institution or place of religious worship, park, playground or playing field.

(4) Adult uses shall not be located in or within 500 feet of any Historic District and Landmark Overlay Zone.

D. One use per lot. No more than one adult use shall be located on any lot.[1]

[1] Editor's Note: Former § 223-20.2, Tattoo and body-piercing parlors, added 10-16-2000 by L.L. No. 15-2000, which immediately followed this subsection, was repealed 12-4-2000 by L.L. No. 18-2000.

§ 223-21 Car washes.

A. Permitted uses. If a site is to be used for a car wash, either the automatic or self-service type, it shall be limited in primary function to such activities but may include the following accessory uses, provided that they are subordinate and incidental to the principal use:

(1) Retail facilities for the sale of motor vehicle accessories.

(2) Coin-operated vending machines.

B. Site.

(1) The site for each car wash shall have a street frontage of at least 100 feet.

(2) No car washing facilities shall be located within 150 feet of any residential district.

C. Buildings.

(1) All car washing facilities shall be completely within an enclosed building.

(2) The vacuuming facilities may be outside the building but should not be within any required yard.

D. Setbacks. In addition to the normal setback requirements of the zoning district in which it is located, a car wash shall be required to have a front setback adequate to meet the requirements of Subsection F.

E. Access drives. All access drives from public streets shall be properly related to such streets so as to avoid unsafe conditions and traffic congestion.

F. Off-street parking shall be provided in accordance with § 223-26.

[Amended 8-5-2024 by L.L. No. 5-2024]

(1) Waiting area.

(a) A waiting area for motor vehicles entering the facility, with parking spaces situated in a direct line of flow to the entrance of each bay of the car wash, and equal in number to:

[1] Five times the maximum capacity of the car wash for automatic-type car washes.

[2] Three times the maximum capacity for self-service-type car washes.

(b) "Maximum capacity" in these instances shall mean the largest number of motor vehicles which could be undergoing some phase of the washing operation at the same time.

(2) A drying area for cars (where such drying is not an integral function of an automatic-type car wash) so situated as to be usable for the hand-finishing of cars at the end of the washing process, with parking spaces equal in number to:

(a) Three times the maximum capacity of a self-service-type car wash.

(b) The maximum capacity of an automatic-type car wash.

G. Water supply. All automatic-type car washes shall include water recirculation systems, which shall be in operation at all times when cars are being washed and which shall be capable of reclaiming at least 80% of the water utilized in the washing process.

§ 223-21.1 Hospitals.

[Added 12-16-1996 by L.L. No. 19-1996]

A. Permitted uses. If a site is to be used for a hospital, it shall be limited to those activities encompassed in the definition of the term "hospital" in § 223-63 of this chapter.

B. Regulations.

(1) Any building so used shall not be less than 75 feet from the lot line of any adjoining property, except that buildings which exist on the date of the enactment of this section shall not be less than 50 feet from the lot line of any adjoining property.

(2) There shall be a minimum of 7,500 square feet of lot area for each patient bed. All patient beds shall be licensed by the state or federal government or one of their agencies.

(3) No patient bed or treatment facility shall be located within 100 feet of any off-site dwelling as of the date a building permit for the construction of the structure housing the patient bed or the treatment facility is obtained or, if no building permit is required, as of the date the new hospital use commences.

(4) A hospital for treatment of human mental ailments shall provide a licensed security guard and staff trained in security procedures on twenty-four-hours-a-day, seven-days-a-week basis.

(5) Notwithstanding the definition of the term "accessory use" in § 223-63 of this chapter, accessory hospital uses may be located on the same lot as the principal hospital use or on any lot which is adjacent to or across the street from the lot which the principal use is located.

§ 223-22 Nursing homes.

A. Permitted uses. If a site is to be used for a nursing home, it shall be limited to usual nursing home activities, as defined herein, but not to include the boarding or keeping of patients suffering from any contagious disease, tuberculosis, mental illness, acute alcoholism or drug addiction.

B. Site.

(1) In any R1-40 or R1-20 District, the minimum lot area shall be 40,000 square feet, plus 2,500 square feet for each additional resident person over 10 in number.

(2) In any R1-10, R1-7.5, R1-5, RD-7.5, RD-6, RD-5, RD-4, RD-3, RD-1.8 or RD-1.7 District, the minimum lot area shall be 20,000 square feet, plus 1,500 square feet for each additional resident person over 10 in number.

[Amended 2-16-2010 by L.L. No. 2-2010; 10-17-2016 by L.L. No. 11-2016]

(3) In any FCD, LI, or HI district, the minimum lot area shall be 10,000 square feet, plus 1,000 square feet for each additional resident person over 10 in number.

[Amended 6-15-2020 by L.L. No. 7-2020]

C. Setbacks.

(1) All new or relocated buildings and structures shall be set back from adjoining residential properties at least twice the distance required for residential uses.

(2) Wherever any nursing home building is located less than 50 feet from an adjoining residential property, it shall be suitably screened with evergreen planting.

D. Off-street parking.

(1) Off-street parking shall be provided in accordance with § 223-26.

[Amended 8-5-2024 by L.L. No. 5-2024]

(2) All parking spaces shall be permanently improved and may not be located in the required front yard nor closer than 1/2 of the required nursing home building setback distance from any other property line.

(3) Suitable landscaping and/or fencing or parking areas shall be provided so as to screen them from surrounding residential properties.

E. Signs. One sign, not exceeding 10 square feet in area, not flashing and not lighted by exposed tubes, bulbs or other light sources, announcing the name of the nursing home, shall be permitted facing each public street which the property abuts.

§ 223-23 Flood-prone areas.

[Amended 10-21-1991 by L.L. No. 12-1991]

Conformance required. Any proposed development in an area of special flood hazard (also known as the one-hundred-year floodplain), must comply in all respects with the applicable provisions of Local Law Number 1 of the year 1987, entitled "A Local Law for Flood Damage Prevention."[1] A development permit shall be obtained before the start of construction or any other development within such area of special flood hazard. Such permits shall be granted or denied by the Commissioner of Public Works. As provided by the Flood Damage Prevention Law, the Zoning Board of Appeals shall hear and decide any appeals or requests for variances from the requirements of the Flood Damage Prevention Law.

[1] Editor's Note: See Ch. 123, Flood Damage Prevention.

§ 223-24 (Reserved) [1]

[1] Editor's Note: Former § 223-24, Gasoline filling stations and public garages, was repealed 10-21-2002 by L.L. No. 28-2002. See now Ch. 210, Vehicle Repair and Sales.

§ 223-24.1 Accessory apartments.

[Added 11-20-1989; amended 9-3-1996 by L.L. No. 9-1996; 6-15-2020 by L.L. No. 7-2020; 9-19-2022 by L.L. No. 8-2022; 7-7-2025 by L.L. No. 8-2025]

A. Purpose and intent. It is the purpose and intent of allowing accessory apartments on all existing detached single-family properties in all districts to provide the opportunity and encouragement for the development of housing units designed to meet the special housing needs of single persons, couples, other small households, the young, the elderly, persons of low and moderate income and relatives of families presently living in Beacon. It is the further purpose and intent of this provision to allow the more efficient use of the City's existing stock of dwellings and accessory buildings, to provide economic support for present resident families of limited income and to otherwise help to protect and preserve property values.

B. Owner occupancy required. The owner of the single-family lot upon which an accessory apartment is located shall occupy at least one of the dwelling units on said lot.

C. Location on the lot. An accessory apartment may be part of a detached single-family dwelling or in an accessory building on such a single-family lot. A newly constructed building containing an accessory apartment shall be located at or behind the front line of the single-family dwelling.

D. Apartment size. Site plan approval from the Planning Board is required for accessory apartments with a floor area over 1,000 total square feet and with a total floor area square footage that is greater than 50% of the primary building's floor area. For clarity, both thresholds must be triggered for site plan approval to be required under this section. The per unit requirements of the Schedule of Dimensional Regulations shall not apply to accessory apartments but there shall be no more than one accessory apartment permitted per single-family lot.

E. Exterior appearance. If an accessory apartment is part of a detached single-family dwelling, the entry to such unit and its design shall be such that, to the degree reasonably feasible, the exterior appearance of the building will remain that of a single-family residence.

F. Off-street parking. There is no required number of off-street parking spaces for accessory apartments.

G. The accessory apartment shall not be used for short-term rentals as defined in § 223-26.5.

H. An existing structure that does not conform to the yard requirements of Chapter 223 may be converted into an accessory apartment without a variance from the Zoning Board of Appeals if the proposed use will not enlarge or increase the dimensional nonconformity. However, an application to the City's Architectural and Community Appearance Board of Review shall be required if the proposed use is less than 10 feet from the property line and within 20 feet of any dwelling unit on an adjacent property. The Architectural and Community Appearance Board of Review shall consider the bulk, height, window placement and other design feature considerations to minimize visual, aesthetic and quality of life impacts associated with the accessory apartment being located within the proximity set forth above.

I. In the R1-10, R1-7.5 and R1-5 zoning districts, where a side and rear setback of five feet is required for accessory apartments, review by the Architectural and Community Appearance Board of Review is required if the proposed accessory apartment is less than 10 feet from a dwelling unit on an adjacent property, using the design considerations set forth in Subsection H above.

J. The Building Inspector shall have approval authority for all accessory apartments provided that all setback requirements and provisions of this section are met. Proposed accessory apartments, whether expansions or new construction, that do not meet the setback requirements of § 223-17E shall require site plan approval from the Planning Board.

§ 223-24.2 Clubs.

[Added 3-21-1994 by L.L. No. 3-1994]

A. No club shall be located within a distance of 500 feet of any other club.

B. In the interest of safety during emergencies, all clubs shall have at least two distinctly separate means of egress.

§ 223-24.3 (Reserved) [1]

[1] Editor's Note: Former § 223-24.3, Artist live/work spaces, was renumbered as § 223-14.2 by L.L. No. 7-2020, adopted 6-15-2020.

§ 223-24.4 Bed-and-breakfast establishments.

[Added 3-18-2002 by L.L. No. 9-2002]

A. The minimum lot size for the establishment of this use shall be 40,000 square feet.

B. Off-street parking accessory to this use shall be screened from adjacent residential properties.

C. The outward appearance of the use shall be that of a one-family dwelling and there shall be no indication of the bed-and-breakfast establishment from the exterior of the building, except for the sign. A separate entrance into the building for the bed-and-breakfast use shall not be permitted.

D. Seating for food and beverage service shall be limited to the maximum occupancy of the bed-and-breakfast establishment.

E. The lodging provided shall be for periods of less than two weeks in duration.

F. The maximum number of guest bedrooms at a bed-and-breakfast establishment shall be six, except that the City Council may, at its discretion, allow additional guest bedrooms up to a maximum of 10 where the Council determines that the size and shape of the lot on which the establishment is proposed can accommodate the additional patrons and parking.

G. Renewal inspections. Each bed-and-breakfast establishment shall be inspected by the Building Department every two years in order to determine whether the establishment remains in compliance with this section. Upon a satisfactory inspection report, the bed-and-breakfast establishment owner shall be reissued a certificate of occupancy. In the event that the inspection indicates that the bed-and-breakfast establishment is no longer in compliance, the certificate of occupancy shall be revoked until the violations are cured.

§ 223-24.5 Self-storage facility and warehouse storage. [1]

[Added 6-2-2025 by L.L. No. 5-2025]

A. Purpose and intent. The intent of this section is to promote active and engaging street- level environments that support pedestrian activity and economic vitality by restricting the location of self-storage facilities and warehouse storage along identified street frontages.

B. Location. Self-storage facilities and warehouse storage are permitted uses in the GB, LI, and HI Zoning Districts, except that on parcels with frontage on Main Street, Fishkill Avenue, Beekman Street, Herbert Street, or Tioronda Avenue self-storage facilities and warehouse storage shall only be allowed by special permit and shall be subject to the following restrictions:

(1) Self-storage facilities and warehouse storage shall not be located along the street- facing property line.

(2) Self-storage facilities and warehouse storage shall be located behind active ground- floor permitted uses, below grade, or in a separate secondary structure that is setback a minimum of 10 feet from the primary street-facing structure.

(3) The requirements of § 223-18.

[1] Editor's Note: Former § 223-24.5, Wireless telecommunication services facilities, added 7-15-2002 by L.L. No. 21-2002, as amended, was repealed 2-16-2021 by L.L. No. 02-2021 (See now § 223-26.4).

§ 223-24.6 (Reserved) [1]

[1] Editor's Note: Former § 223-24.6, Artist studio as an accessory special permit use, added 4-5-2004 by L.L. No. 5-2004, was repealed 6-15-2020 by L.L. No. 7-2020.

§ 223-24.7 Uses permitted by special permit in the Historic District and Landmark Overlay Zone.

[Added 5-17-2010 by L.L. No. 4-2010; amended 4-16-2018 by L.L. No. 8-2018; 6-15-2020 by L.L. No. 7-2020; 11-16-2020 by L.L. No. 11-2020]

The following uses may be permitted by special permit, issued by the Planning Board, in the Historic District and Landmark Overlay Zone:

A. Specialized business uses of low traffic volume, normally associated with history, the arts or cultural uses, appropriate to the structure and compatible with the neighborhood. Such uses may include:

(1) Artists' or artisans' studios.

(2) Antique shops.

(3) Rare book, coin or stamp shops or similar type uses as determined by the Planning Board.

B. Residential, hotel or professional uses, provided that they are appropriate to the structure, compatible with the neighborhood and are located on a road that can accommodate increased traffic as determined by the Planning Board. These uses may include the following:

(1) Sit-down restaurants not to exceed a seating capacity of 50.

(2) Bed-and-breakfast establishments not to exceed 10 guest bedrooms, subject to the requirements of § 223-24.4B, C and E.

(3) Professional offices not to exceed 10 employees.

(4) Multifamily residential use not to exceed four units.

(5) Artist live/work spaces not to exceed four units.

(6) Hotel and hotel-related accessory uses and structures with adequate screening of any new structures from surrounding public street views.

C. Special permits warranted under certain conditions.

(1) Notwithstanding the limitations in Subsection B above, and with the exception of Subsection B(2), the Planning Board may approve a special permit for any of the uses listed in said section, and may allow a larger number of seats, employees, dwelling units, or artist live/work spaces, when it determines that such larger number is warranted by one or more of the following:

(a) Building(s) size.

(b) Building(s) configuration.

(c) The nature of the proposed preservation and/or adaptive reuse of the building(s).

(d) The historic nature and context of the building(s) and the need for preservation and/or adaptive reuse.

(2) In approving any such special permit, the Planning Board shall establish such limitations on the number of seats, employees, dwelling units, artist live/work spaces, or accessory uses and structures as it deems warranted.

D. Findings.

(1) The Planning Board must make the following findings before special permit approval is granted:

(a) Any exterior restoration shall maintain the architectural and historic integrity of the structure. Any new construction shall be compatible with neighboring structures.

(b) The proposed use is compatible with the neighborhood, and activities permitted within the structure can be adequately buffered from any surrounding residential homes.

(c) The resulting traffic generation will not overburden existing roads, and adequate parking can be provided without unduly destroying the landscape or the setting of the structure.

(d) The proposed use is appropriate to the structure, will aid in the preservation of the structure and will not result in undue alterations or enlargement of the structure.

(2) These standards shall be in addition to the general special permit standards set forth in § 223-18 and the standards set forth in § 134-7.

E. A site plan shall be submitted to accompany any special permit application under this section. The site plan shall be accompanied by schematic architectural drawings which shall show the existing conditions of the property and any existing structure and the proposed restoration or construction. The Planning Board must approve a certificate of appropriateness in order to grant site plan approval as set forth above.[1]

[1] Editor's Note: Former § 223-24.8, Amusement centers containing only vintage amusement devices, added 8-30-2010 by L.L. No. 12-2010, which immediately followed this section, was repealed 1-22-2019 by L.L. No. 1-2019.

§ 223-25 Site development plan approval.

[Amended 3-1-1993 by L.L. No. 2-1993; 4-5-1993 by L.L. No. 3-1993; 10-18-1993 by L.L. No. 4-1993; 5-19-2003 by L.L. No. 5-2003]

A. Approval required. No building permit shall be issued, other than for interior alterations, and no change in type of use, as categorized in § 223-26D hereof, shall be permitted, other than one-family dwellings, except in conformity with an approved site development plan, and no certificate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same approval procedure.

[Amended 12-5-2011 by L.L. No. 14-2011; 2-19-2019 by L.L. No. 2-2019; 2-16-2021 by L.L. No. 02-2021; 8-5-2024 by L.L. No. 5-2024]

B. Application for site development plan approval.

[Amended 11-19-2007 by L.L. No. 13-2007; 7-18-2011 by L.L. No. 11-2011; 4-21-2014 by L.L. No. 1-2014]

(1) An application for a building permit for a use requiring site development plan approval shall be made to the Building Inspector by a legally certified individual or firm, such as a registered architect or professional engineer. All application materials, including plans, shall be submitted in electronic file format acceptable to the Building Department, in addition to at least five paper copies (or such other format or amount as determined by the Building Department), at least two weeks prior to the regular Planning Board meeting at which it will be considered. The site development plan shall contain the following information:

(a) A map showing the applicant's entire property and adjacent properties and streets, at a convenient scale.

(b) The proposed location, use and design of all buildings and structures.

(c) Any proposed division of buildings into units of separate occupancy.

(d) Existing topography and proposed grade elevations.

(e) Location of all parking and truck loading areas, with access and egress drives thereto.

(f) Location of any outdoor storage.

(g) Location of all existing and proposed site improvements, including drains, culverts, retaining walls and fences.

(h) Description of method of water supply and sewage disposal and location of such facilities.

(i) Location and size of all signs.

(j) Location and design of landscaping and buffer areas.

(k) Location and design of lighting, power and communication facilities.

(l) Any other information as deemed necessary by the Planning Board.

(2) Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 190 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 190, Article II. The approved site plan shall be consistent with the provisions of Chapter 190.

(3) Certificate of inspection. A certificate of inspection issued pursuant to § 179-6 of this Code shall be required for site plan approval.

C. Two-phase site plan approval for residential, nonresidential, or mixed-use projects. Notwithstanding the provisions of Subsection B above, where a proposed residential, nonresidential, or mixed-use development project may involve a number of buildings or uses to be developed over a period of time, the Planning Board is authorized to review the site plan in two distinct phases.

[Amended 12-11-2023 by L.L. No. 7-2023]

(1) The first phase, called conceptual site plan review, shall consider the general parameters of the total proposed development, including total square footage of floor area, range of anticipated uses, traffic access and internal circulation, site buffering, sewer and water demands, parking requirements, and other relevant issues as determined by the Planning Board. The application for conceptual site plan approval shall contain the information set forth in Subsection B, but at a conceptual level. After review, and environmental compliance pursuant to Subsection F below, the Planning Board may grant a conceptual site plan approval, which shall set forth the parameters of the development approved, and any specific conditions or criteria under which future actions, including subdivisions, or project-specific site plans for individual elements of the conceptual site plan, will be undertaken, reviewed, and approved, including requirements for any subsequent SEQR compliance in accordance with Subsection F below. There shall be no vesting granted to any applicant by virtue of the adoption of conceptual site plan approval by the Planning Board.

(2) The second phase, called the project-specific phase, will include all elements not previously reviewed and approved as part of the conceptual review. These could include, in appropriate cases, but are not limited to details of site grading, architectural review, landscaping, parking compliance, etc.

(3) Internal property subdivisions. Subsequent to conceptual site plan approval by the Planning Board of the overall site area under § 223-25C(1), or subsequent to a single phase site plan approval by the Planning Board for a residential, non-residential, or mixed-use project that may involve a number of buildings to be developed over a period of time, owners may subdivide the site forming lots and/or buildings, provided that sufficient parking in accordance with § 223-26 of this chapter is included on each lot or is made available to support the use on each lot in a manner satisfactory to the Planning Board and that no development within any lot will be permitted except as shown on a site plan approved by the Planning Board. Provisions satisfactory to the Planning Board for maintenance of all elements of the site plan shall also be a prerequisite for any subdivision of the overall site area. The standards as referred to in § 223-17D shall apply to the overall site area, whether or not the same is or will continue to be under one ownership. To the extent that the provisions of this subsection conflict with the provisions of § 223-12, the provisions of this subsection shall be controlling.

D. Referral of application to Planning Board. Each application requiring site development plan approval, together with the required information described in Subsection B above, shall be referred to the Planning Board by the Building Inspector within five days of the date of application. Within 60 days of the date of the first Planning Board meeting on or after the date of referral, the Planning Board shall forward its recommendation to the Building Inspector, the City Engineer, and the applicant, and shall indicate whether the application should be approved, disapproved or approved with modifications and shall specify what modifications, if any, are necessary.

E. Considerations. In acting on any site development plan application, the Planning Board shall take into consideration the recommendations of the City Development Plan, the proposed location, height and bulk of buildings, traffic circulation within and without the site, provision of off-street parking spaces, exterior lighting, buffer areas and other open spaces, drainage improvement in accordance with § 223-25G of this chapter and display of signs, so that any development will have a harmonious relationship with the existing or permitted development of contiguous land and of adjacent neighborhoods, and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street system.

F. Environmental quality review.

(1) The Planning Board shall comply with SEQR prior to granting any approvals, on a generic or site-specific basis, as appropriate. Conceptual site plan reviews shall require SEQR analysis on a generic basis, which may be broader and more general than site-specific SEQR analysis, but may also include an assessment of project-specific impacts if such details are available. The generic analysis may identify the important elements of the natural resource base, and existing and projected features, patterns and character. It may discuss in general terms the constraints and consequences of any narrowing of future options. It may present and analyze, in general terms, hypothetical scenarios that could and are likely to occur.

(2) The generic analysis should set forth specific conditions or criteria under which future actions will be undertaken, reviewed, and approved, including requirements for any subsequent SEQR compliance. These conditions may include thresholds and criteria for supplemental SEQR analysis regarding site-specific impacts of certain scenarios, or potential alternatives, which were not previously addressed in the generic SEQR analysis. Further, any site-specific environmental impacts not previously addressed in the conceptual review shall be addressed in the project-specific phase.

G. Drainage requirements.

(1) The developer may be required by the reviewing authority to carry away by pipe or open ditch any spring or surface water that may exist either previous to or as a result of the project. Such drainage facilities shall be located in the street right-of-way, where feasible, or in perpetual unobstructed easements of appropriate width and shall be constructed in accordance with the City Construction Standards and Specifications.

(2) If a project contains an existing drainage channel conveying surface water from an off-site upstream drainage area, the developer shall be required to provide for the conveyance of such surface water runoff through the project. Drainage pipes and/or other conveyance facilities shall be provided large enough, in each project and for each existing drainage channel, to convey potential runoff from the entire upstream drainage area through the project, based on a one-hundred-year storm. The intent of this provision is to maintain the existing watershed drainage pattern as closely as possible and to safely convey stormwater runoff from the upstream drainage area through the project. Further, the developer shall also be required to install drainage pipes and/or other conveyance facilities in the project to accommodate on-site-generated stormwater runoff which traverses the project for a twenty-five-year storm based on post-development conditions.

(3) The reviewing authority may require the developer to prepare a study of the effects of the project on existing downstream drainage facilities based on the one-hundred-year storm. Where such study or the reviewing authority, after an independent analysis, determines that the additional runoff resulting from the development of the project will adversely impact existing downstream properties or drainage facilities, the reviewing authority may withhold approval until provision has been made for the correction of said potential condition. An acceptable corrective provision may be the addition of on-site retention and/or detention of the increased post-development stormwater runoff from the project so that there would be no net increase in the peak rate of stormwater runoff over the project’s predevelopment rate.

(4) The applicant shall be responsible for submitting computations to the City Engineer in sufficient detail to make possible the ready determination of the adequacy of the proposed drainage facilities, and the City Engineer shall be responsible for reviewing these and preparing recommendations for the reviewing authority.

H. Park reservations.

[Added 12-5-2011 by L.L. No. 14-2011[1]]

(1) General standards. The Planning Board may require that a portion of land subject to site plan approval for a residential use be reserved for a park or parks suitably located for playground or other recreational purposes. Such locations shall be as designated on the City Development Plan or Official Map, or as otherwise deemed appropriate by the Planning Board. Each reservation shall be of suitable size, dimensions, topography and general character, and shall have adequate street or private road access, for the particular purpose or purposes envisioned by the Planning Board. The area shall be shown and marked on the site plan as "Reserved for Park Purposes."

(2) Minimum size. The Planning Board may require the reservation of up to 10% of the area of the site plan for recreation purposes. In general, it is desirable that land reserved for park and playground purposes have an area of at least one acre.

(3) Ownership of park areas. The ownership of reservations for park purposes shall be clearly indicated on the site plan and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance. When the Planning Board requires that an area for park, playground or recreational purposes be reserved on the site plan, such requirement shall not constitute an acceptance by the City of such area.

(4) Cash payment in lieu of reservation. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located on any such site or are otherwise not practical, the Planning Board may require, as a condition to final approval of any such site plan, a payment in a sum to be determined by the approval authority in accordance with the fee schedule on file in the City Clerk’s office. Said sum shall be deposited in a trust fund to be used by the City Council exclusively for neighborhood park, playground, or recreational purposes, including but not limited to the acquisition of land.

(5) Referral. In the event the Planning Board intends to require a reservation of parkland, the Planning Board shall request a report and recommendation from the City Council as to the reservation of such land for park or recreation purposes.

(6) If the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 195-25 of the City Code, the applicant shall be credited for any land set aside or money donated in lieu thereof under such subdivision plat approval.

[1] Editor’s Note: This local law also redesignated former Subsections H and I as Subsections I and J, respectively.

I. Public hearing(s).

[Amended 5-2-2016 by L.L. No. 7-2016]

(1) A public hearing shall be held by the Planning Board on each site development plan application. Notice of said hearing shall be provided by the applicant in accordance with § 223-61.3 of this chapter. With respect to the two-phase site plan approval process for nonresidential projects provided for in Subsection C above, a public hearing shall be held by the Planning Board during both the conceptual and project-specific phases, respectively.

J. Expiration of approval. At the time of approving the site development plan, the Planning Board may set forth the time period in which construction is to begin and be completed. The Planning Board may, in its discretion, extend any time period it has previously set where it finds that changing market conditions or other circumstances have acted to prevent the timely commencement or completion of work, and that the developer has proceeded with reasonable diligence in an effort to assure completion of the work within the permitted time period. The extension of these time periods shall not require the holding of a new public hearing.

[Added 9-15-2003 by L.L. No. 14-2003]

§ 223-25.1 Scenic viewshed protection.

[Added 3-15-2021 by L.L. No. 03-2021]

A. Statutory authority. Pursuant to the General Municipal Law § 96-a of the State of New York and the General City Law of the State of New York, the Beacon City Council hereby enacts a Scenic Viewshed Protection Law.

B. Legislative findings and purpose. The City of Beacon finds that certain public view locations and viewsheds, as herein defined, have a special scenic, historic, or aesthetic value, and any future obstruction of such viewsheds would constitute an irreplaceable loss to the people of the City. It is hereby declared as a matter of public policy that the protection, enhancement, perpetuation, and scenic use of designated view locations is a public necessity and is required in the interest of health, safety and general welfare. The purpose of this section is to:

(1) Safeguard the City's scenic and aesthetic resources, as embodied in designated viewpoints and viewsheds.

(2) Preserve property values in such scenic resource areas.

(3) Foster civic pride in the beauty of the City.

(4) Implement the objectives and policies of the City's Comprehensive Plan, Local Waterfront Revitalization Program, and Natural Resources Inventory.

C. Legislative intent.

(1) It the intent of the City of Beacon to protect and preserve the scenic resources of the City, to ensure that the benefits provided by the scenic resource will not be lost for present and future generations, and to protect the broader public interest.

(2) This section is enacted with the intent of providing an equitable balance between the rights of individual property owners to the use of their property and the rights of present and future generations to enjoy scenic viewsheds. Therefore, this section recognizes the rights of property owners that may be affected by a designated scenic resource to use their property for reasonable purposes consistent with these and other regulations and controls, provided that such use does not result in a significant loss or impairment to public scenic viewsheds.

(3) It is not the intent of this section to protect views from private properties or to affect property development constructed prior to the designation of a specific scenic viewshed or scenic view location. However, it is the intent of the City of Beacon that the provisions of this section shall apply to any enlargement, alteration, improvement, or modification of any existing building or structure that affects a designated scenic viewshed.

(4) It is the intent of this section to protect viewsheds while allowing property to be developed in accordance with the City Zoning Code and New York State law. The Planning Board has the flexibility to modify the City's zoning regulations with respect to site layout and lot design, including minimum lot area, width, depth, and frontage, minimum front, side, and rear yards, and other similar requirements in the § 223-17, Schedule of Dimensional Regulations, as permitted in this section, to preserve designated viewsheds and permit proposed projects that otherwise meet the requirements of the City Code.

D. Definitions. Unless specifically defined below, words or phrases in this section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this section its most reasonable application.

SCENIC VIEW LOCATION

A designated position from a public street, public sidewalk, public property, or publicly accessible easement at standing height in a designated direction that overlooks a scenic viewshed.

SCENIC VIEWSHED

A designated area which exhibits outstanding or unique arrangements of natural or built features, including water or water-related features, streetscape, landforms or vegetative patterns, or other historic or environmental features that provide inspiration, hold interest and command the attention of the viewing public. A scenic viewshed is visible from a scenic view location.

E. Designation process. From time to time the City Council may identify and designate certain areas within the City of Beacon as a scenic view location and a scenic viewshed.

(1) The City Council shall identify a scenic view location and scenic viewshed for possible designation. The City Council shall prepare and make public a justification assessment which shall include maps, photographs, and a written description to describe the potential scenic view location and scenic viewshed under consideration.

(2) The City Council shall request comments regarding the potential scenic view location and scenic viewshed from the Planning Board and Conservation Advisory Committee. The City Council may also request comments from other officials and committees as the Council deems appropriate. All comments shall be provided to the City within 30 days of the City's initial request.

(3) After the City Council has identified a specific scenic view location and scenic viewshed for protection, it shall hold a public hearing on the designation of each identified scenic view location at which time the general public, interested parties, and property owners in the area shall have the opportunity to be heard regarding the proposed scenic view location and scenic viewshed designation.

(4) Notice of the public hearing on the designation of the scenic view location and scenic viewshed shall be provided as follows:

(a) The City shall submit a notice of public hearing to the official City newspaper and one additional local newspaper for publication at least 10 days before such hearing. The notice shall be published at the expense and direction of the City. The notice shall contain the time, date and place of the public hearing, and shall identify the view location and viewshed to be designated.

(b) Notice of the public hearing shall be sent by the City, by certified mail (return receipts not required) at least 10 days before such hearing to all property owners within a distance of 250 feet of any boundary of the proposed scenic view location. The notice shall contain the time, date and place of the public hearing, and shall identify the view location and viewshed to be designated.

(5) After conducting a public hearing on the intent to designate a scenic view location, the City Council shall approve or disapprove the designation according to its regular voting procedures and include any designated view location on the City of Beacon Zoning Map.

(6) The designation of a scenic view location or scenic viewshed may be amended or rescinded by the City Council, after a public hearing.

F. Criteria for designation.

(1) Prior to designating a scenic view location or scenic viewshed, the City Council must find the scenic view location or scenic viewshed possesses one or more of the following characteristics:

(a) The view represents a key view location for which public sensitivity to an alteration of the view will be the highest, such as at gateway entrances to the City, public parks, and major intersections.

(b) The view is illustrative of a natural landscape feature, water body, or geologic feature important to the natural character of the City. The City's Natural Resources Inventory identified three primary scenic viewsheds worthy of protection, including views of the Hudson River, Fishkill Creek, Fishkill Ridge and Mt. Beacon.

(c) The view encompasses a significant historic location which is important to the cultural history of the City. Designated view locations may include historic structures, but views of historic buildings shall be protected by the provisions in Chapter 134, Historic Preservation.

(2) Scenic viewsheds shall possess a unique overall quality of scenic beauty.

(3) If multiple nearby locations have similar views, the best view locations shall be designated.

(4) Designation shall consider foreground elements and the longer-distance viewshed, as well as whether the view will be available in both summer and winter.

(5) Only legally accessible public property, including existing roads, parks, or other legally accessible public property, may be designated as a protected scenic view location.

G. Regulations for proposed projects affecting a designated scenic view location or designated scenic viewshed.

(1) Where site development plan approval and/or subdivision approval is required by the Planning Board, the Planning Board shall make specific findings concerning the consistency of the proposed development, alteration, modification or improvement with the provisions of this section.

(2) Where special use permit approval or concept plan approval is required by the City Council, the City Council shall refer the special use permit or concept plan application to the Planning Board for comments. The Planning Board shall provide comments to the City Council concerning the consistency of the proposed development, alteration, modification or improvement with the provisions of this section prior to the close of any public hearing on the special use permit or concept plan application. Such comments shall be incorporated into any recommendation provided by the Planning Board to the City Council on the special use permit or concept plan application.

(3) Where variance approval is required by the Zoning Board of Appeals, the Zoning Board of Appeals shall refer the variance application to the Planning Board for comments. The Planning Board shall provide comments to the Zoning Board of Appeals concerning the consistency of the proposed development, alteration, modification or improvement with the provisions of this section prior to the close of any public hearing on the variance application.

(4) Where variance approval is required by the Zoning Board of Appeals, the Zoning Board of Appeals shall make specific findings concerning the consistency of the proposed development, alteration, modification or improvements with the provisions of this section when evaluating whether the requested use variance(s) will alter the essential character of the neighborhood or whether the requested area variance(s) will produce an undesirable change in the character of the neighborhood.

(5) The City Council and City departments shall consider the consistency of any public project or improvement, such as decisions on parks, street trees and other public improvements, with the provisions of this section. The City shall consider the standards set forth in § 223-25.1G(7) when reviewing any public project or public improvement that may affect a designated scenic viewshed or scenic view location.

(6) An application for site development plan approval, subdivision approval or variance approval for a proposed development, alteration, modification or improvement that may affect a designated scenic view location or designated scenic viewshed shall include a visual assessment of the proposed action as part of the application packet. The visual assessment shall include the following:

(a) An aerial photograph showing the subject property, adjoining parcels, and the designated view location and direction.

(b) Perspective drawings, plans and section diagrams, photographs, or photo-simulations of proposed improvements in relation to the designated view location and viewshed.

(c) A written description of the proposed development, the predicted impacts on the designated view location and viewshed, and suggested mitigation measures to avoid any potential impacts.

(d) The reviewing authority may request additional information as part of the review process.

(7) Before granting or denying any site development plan, subdivision application or variance request, the Planning Board or the Zoning Board of Appeals shall consider the following standards, when reviewing a site development plan, subdivision application or variance request that may affect a designated scenic viewshed or scenic view location:

(a) The proposed activity, including any new structure, parking lot, overhead wires, antenna, light fixture, fencing, mechanical equipment, or other new site feature, shall be located or clustered on the parcel so as to avoid affecting the designated viewshed or cause the least possible obstruction of the view.

(b) If there is no reasonable alternative on the site to placing a permitted building(s) near designated views, such building(s) shall be located to maintain a substantial viewshed corridor between buildings, thereby framing the view rather than obstructing it.

(c) To protect designated scenic viewsheds over buildings, rooftop mechanical equipment and other potential rooftop obstructions shall be avoided, or at least minimized and screened, and any visible flat roof surfaces shall be integrated into views with green roof plantings or other architectural measures.

(d) Disturbance to existing vegetation that contributes to the scenic viewshed shall only be permitted to the extent that it is absolutely necessary for the development or improvement. Existing overgrown vegetation that is blocking scenic views may be selectively cut down or trimmed back.

(e) New landscaping, including trees, shrubs, and hedges, shall be planted so as to avoid obstruction of designated public viewsheds and maintained over time as a condition of any approval.

(f) Development that may affect the designated viewshed shall be integrated with existing vegetation and kept screened behind and below the natural tree line, whenever possible.

(g) Designated viewsheds may be additionally protected by providing enhanced scenic view locations as part of a development plan, such as the incorporation of a publicly accessible viewpoint, greenspace, promenade, or Greenway Trail into the proposal.

(8) The Planning Board or Zoning Board of Appeals may request alternative design options that would avoid or minimize negative impacts to the designated viewshed.

(9) In order to achieve the purposes of this section, the Planning Board may modify the zoning regulations with respect to site layout and lot design, including minimum lot area, width, depth, and frontage, minimum front, side, and rear yards, and other similar requirements in the § 223-17, Schedule of Dimensional Regulations, provided that:

(a) The permitted number of dwellings or overall square feet of development in no case exceeds the number that could be permitted if the land was developed in conformance with the normally applicable requirements of the zoning district.

(b) The maximum permitted building height requirements shall be the same as those normally applicable to other dwellings in the zoning district.

§ 223-26 Off-street parking, loading and vehicular access.

[Amended 6-15-1992 by L.L. No. 5-1992; 7-6-2004 by L.L. No. 13-2004; 2-19-2013 by L.L. No. 3-2013; 5-19-2014 by L.L. No. 6-2014; 5-15-2017 by L.L. No. 7-2017; 6-15-2020 by L.L. No. 7-2020; 10-3-2022 by L.L. No. 10-2022; 8-5-2024 by L.L. No. 5-2024; 7-7-2025 by L.L. No. 8-2025]

A. General. A permit for the erection, replacement, reconstruction, extension or substantial alteration of a structure or the development of a land use shall not be issued unless off-street automobile parking areas or structures and, where appropriate loading and unloading spaces are consistent with the provisions in this section.

B. Location, use, design, construction and maintenance.

(1) Location. Except as provided elsewhere under the City Code, any approved off-street parking area or structure shall be provided on the same lot or premises with such structure or land use; unless such off-street parking spaces for structures or land uses on two or more adjoining lots may be provided in a single common facility on one or more of said lots, provided that an easement or deed restriction(s), in a form approved by the Corporation Counsel, assuring the continued operation of said parking facility during the life of the structure or the land use the parking is designed to serve, is filed on the land records prior to approval of the plans for said parking facility.

(2) In any residence district, no designated off-street parking area or structure shall be developed in any front yard forward of the principal building, except as approved by the Building Inspector or Planning Board for an unusual lot configuration. Nor shall any off-street parking area or structure be developed in a residence district in any minimum side or rear yard setback adjacent to a street line or in any other side or rear yard within five feet of the lot line. However, off-street parking spaces shall be permitted in residential districts as indicated in § 223-17C.

(3) Parking specifications.

(a) Each parking space provided in an unenclosed area shall be at least nine feet wide and at least 18 feet long, except that the Planning Board, in approving a plan under § 223-25, may permit that portion of the total parking which is specifically set aside for and limited to employee parking to have a width of at least 8 1/2 feet and a depth of at least 18 feet. This possible exception shall not be permitted in the CMS District. In accordance with the standards set forth in § 223-26D, the Planning Board may allow no more than 30% of the provided parking to be designated for compact automobiles.

(b) Each parking space which is bordered by walls or columns on two or more sides shall be not less than 10 feet wide nor less than 18 feet long. Enclosed or garaged parking areas shall not contain any columns, walls or other obstacles which would prevent or obstruct the use of any parking space.

(c) Except for one-family and two-family dwellings, the maneuvering area needed to permit parked vehicles to enter and exit off-street parking spaces shall have a width of at least 24 feet, unless the Planning Board approves a lesser distance as adequate for areas with parallel or angled parking spaces.

(4) Landscaping. Except for parking spaces accessory to one-family and two-family dwellings and accessory apartment dwelling units subject to approval by the Building Inspector, all off-street parking areas shall be landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board based upon consideration of the adequacy of the proposed landscaping to assure the establishment of a safe, convenient and attractive parking facility with a minimum amount of maintenance, including plant care, snowplowing and the removal of leaves and other debris. The property owner shall have an obligation to maintain and replace any landscaping which dies or becomes unsightly.

(a) At least one tree with a minimum caliper of three inches at a height of four feet above ground level shall be provided within such parking area for each eight parking spaces, notwithstanding, the Planning Board shall have sole discretion to require less trees due to site constraints in the parking areas and/or to require a set-aside of equivalent trees and landscaping elsewhere on the same lot.

(b) Wherever possible, planting islands, at least eight feet in width, shall be provided to guide vehicle movement and to separate opposing rows of parking spaces so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. Such planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles and to provide relief from the visual monotony and shadeless expanse of a large parking area.

(c) The Planning Board may require curbing to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials.

(d) No obstruction to driver vision shall be erected or maintained on any lot within the triangle formed by the street line of such lot, the outer edge of the access driveway to the parking area and a line drawn between points along such street line and access drive 25 feet distant from their point of intersection.

(5) Grades, drainage, paving and marking. All parking areas and structures, regardless of size, shall be graded, surfaced, drained and maintained throughout the duration of their use so as to comply with the New York State Stormwater Management Design Manual, as amended from time to time, and/or Chapter 190, Stormwater Management and Erosion and Sediment Control, of this Code, or other acceptable stormwater management practice(s), as deemed suitable to the City Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The drainage analysis for said parking areas or structures shall include pre- and post-development conditions as well as remediation and/or mitigation of stormwater runoff. The maximum slope within a parking area shall not exceed 5%. In RD Districts and in any multifamily or nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits. Except for one-family or two-family dwellings, the Planning Board shall require green stormwater infrastructure for the development of parking spaces, unless the applicant establishes to the Planning Board's satisfaction that the underlying soils do not allow natural drainage. Such green stormwater infrastructure is subject to § 190-9. For the purposes of this subsection, "green stormwater infrastructure" shall mean practices which manage stormwater through infiltration, evapo-transpiration and reuse including the following: the use of permeable pavement, bio-retention, tree pits and urban forestry, stormwater planters, rain gardens, vegetated swales, or stormwater harvesting and reuse.

(6) Traffic circulation. In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Board shall require easements, satisfactory to the Corporation Counsel, binding the owner and its heirs and assignees to permit and maintain such internal access and circulation and inter-use of parking areas or structures.

(7) Two or more uses on same lot. Where two or more different uses occur on a single lot, the Planning Board may approve the joint use of parking spaces by two or more establishments on the same lot or on contiguous lots, the total capacity of which is less than the sum of the spaces needed for each use individually, provided that said Board finds that the capacity to be provided will substantially meet the intent of this article by reason of variation in the probable time of maximum use by patrons or employees at such establishments and provided that such approval of such joint use shall be automatically terminated upon a change of use at any such establishment.

(8) Designed residence and multifamily residence districts.

(a) In RD Districts, in order that some of the parking spaces may be convenient for use by visitors as well as by occupants, 2/3 of the car spaces for a residential building shall, whenever possible, be directly accessible to a main entrance to that building and within 100 feet of that entrance.

(b) In RD Districts, off-street parking lots shall be located behind, underneath, or to the side of the building, whenever possible. Any parking to the side of the building shall be screened from street views by a low wall, hedge, fence, and/or other landscaping and, whenever possible, it shall be located at least 40 feet from any property line that fronts on a street.

(9) Off-street parking for private passenger vehicles may be allowed by a special permit from the Planning Board on a vacant lot in a residential district which has a shared parcel line for at least 20 feet with a commercial or industrial district, provided that the off-street parking shall be on a portion of the lot within 200 feet of the commercial or industrial district and that the use shall not include fee-based parking for railroad commuters.

C. Alternatives to providing parking spaces.

(1) Conveyance of land. Where, because of limitations of size, dimensions or topography of a lot, an applicant for a building permit in a business district finds it impractical to provide all or a portion of the off-street parking spaces required by the Planning Board, in connection with a proposed building or addition, the applicant may grant and convey to the City of Beacon, and the City Council, at its discretion, may accept, appropriately located and developed land for commercial parking as a permitted use equivalent, provided that said land is permanently dedicated to the City.

(2) Waiver of improvement. Except within the Central Main Street District, and notwithstanding any other provision of this chapter, the City Council or Planning Board, in reviewing plans submitted in accordance with the provisions of this section or §§ 223-18 or 223-25, may waive the initial improvement of up to 50% of the off-street parking spaces, provided that all of the spaces are shown on the proposed plan and further provided that suitable agreements, satisfactory to the City Council or Planning Board, are obtained assuring the City that the property owner(s) will be responsible for the construction of such waived spaces, or any portion thereof, within six months of the date such spaces may be deemed necessary by the City Council or Planning Board.

D. Schedule of off-street parking standards.

(1) In order to promote walkability and other transportation alternatives and to avoid excessive automobile traffic and unnecessarily large paved parking lots, parking maximums have been established for all uses. Unless otherwise determined by the Planning Board, no minimum number of off-street parking spaces are required within the CMS, L, and WD districts due to the proximity of these districts to municipal parking areas, public transportation, and pedestrian-oriented streetscapes.

(2) The Planning Board shall determine the appropriate number of off-street parking spaces within the range provided in the table at § 223-26D(4) as part of its application review and based on the context of the property, including but not limited to, as applicable, the size of the parcel, proposed uses, existing buildings on the parcel, especially if they are designated as historic, availability of public and street parking in the area, access to public transit, a parking study submitted by the applicant, shared parking arrangements, land-banking authorized under § 223-26C(2), compliance with the Americans with Disabilities Act (ADA) and any state requirements for accessible parking, and input from any public hearing. The number of off-street parking spaces determined by the Planning Board to be appropriate shall become the required number of off-street parking spaces for the proposed use of the subject property.

(3) Any professional parking study submitted by the applicant shall be based primarily on specific site-related information, a comparable analysis of similar uses and properties in the area or region, and an examination of demand reduction strategies, including such elements as promotion of walking, bicycle parking or storage facilities, alternative mobility options, transit access opportunities, car-share rentals, and ride-sharing or carpooling services.

(4) The following table establishes the range of the minimum and maximum number of off-street parking spaces within which the Planning Board has discretion to determine the required number of such spaces based on the considerations set forth at § 223-26D(2). Where more than the maximum or less than the minimum number of off-street parking spaces are provided an area variance from the Zoning Board of Appeals shall be required. An area variance may also be sought from the required number of parking spaces determined to be appropriate by the Planning Board.

Schedule of Off-Street Parking Standards1
Building Use	CMS, L, WD		R1, RD, LI, HI, WP, FCD, GB, T2
	Min	Max	Min	Max
Residential3	—	1 space per dwelling unit	1 space per dwelling unit	3 spaces per dwelling unit
Lodging	—	0.75 space per guest room	0.5 space per guest room	1.5 spaces per guest room
Commercial (Retail/Office/Service/Food/Auto-Oriented/Social and Community)	—	3 spaces per 1,000 SF GFA	3 spaces per 1,000 SF GFA	5 spaces per 1,000 SF GFA
Health Care and Educational	—	4 spaces per 1,000 SF GFA	1 space per 1,000 SF GFA	4 spaces per 1,000 SF GFA
Industrial (Industrial or Assembly)	—	—	0.25 spaces per 1,000 SF GFA	2.5 spaces per 1,000 SF GFA
Other Uses		Shall be determined by the Planning Board or the Building Inspector, as appropriate depending upon the permit or approval sought and upon consideration of relevant factors dictating the parking needs of each such use.

NOTES:
1.	The calculation of gross floor area ("GFA") shall exclude utility space. Pursuant to § 223- 26B(3)(a), no more than 30% of the provided parking may be designated for compact automobiles at the sole discretion of and in accordance with the standards set forth in § 223- 26D, as determined by the Planning Board.
2.	Where the Planning Board determines that a property within the T District is in proximity to available municipal parking, public transportation, and pedestrian-oriented streetscapes, parking standards from the CMS district may be applied to all proposed uses on said property.
3.	There is no required number of off-street parking spaces for accessory apartments.

E. Operation and maintenance of off-street parking areas and structures. Off-street parking areas or structures shall be maintained as long as the use of the structure exists which the parking areas or structures are designed to serve. Designated parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the City as public parking areas.

F. Off-street loading requirements. Off-street loading and unloading facilities shall be provided as follows:

(1) Reserved.

(2) Number of spaces. The Planning Board shall determine the location (on-site or off-site) and appropriate number of loading spaces as part of site plan approval and based on the context of the property, including but not limited to the size of the parcel, proposed uses, existing buildings on the parcel, a professional study submitted by the applicant, and input from any public hearing.

G. Driveways. For reasons of traffic and pedestrian safety, both on and off street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of Chapter 100, Driveways, and shall be subject to the approval of the Highway Superintendent, except where such are part of a use subject to special permit or site development plan approval, in accordance with §§ 223-18 and 223-25, in which case they shall be subject to approval by the Planning Board and/or City Council.

§ 223-26.1 Property maintenance.

[Added 5-16-2011 by L.L. No. 5-2011]

A. The following shall be prohibited from being kept or stored on any property for more than 14 consecutive days or more than 30 cumulative days over a one-year period if located in the front or side yard of a lot or on the open front porch: household furnishings, fixtures or equipment designed, manufactured or intended for indoor use, appliances, building materials, tools and equipment, auto body parts, new or used vehicle parts, lawn maintenance equipment, animal houses or shelters, compost piles, trampolines, swing sets and other similar play equipment, logs and long, thick sections of trimmed but unhewn timber, and packaged fuels such as pellets.

B. Utility trailers; all-terrain vehicles; snowmobiles; jet skis.

(1) At all times, except as temporarily required for loading and unloading, the storage on residential property of registered utility trailers shall be limited to a total of two per dwelling unit. Unregistered utility trailers shall not be stored on residential property.

(2) All-terrain vehicles, snowmobiles and jet skis shall be stored in an enclosed garage or the rear yard, unless such item is fully screened by landscaping or opaque fencing.

C. Cut and split firewood must be neatly stacked and shall be permitted in the rear yard only.

§ 223-26.2 through § 223-26.3. (Reserved) [1]

[1] Editor's Note: Former § 223-26.2, Tattoo parlors, added 6-18-2012 by L.L.No. 12-2012, and § 223-26.3, Retail sales from a truck or trailer, added 7-21-2014 by L.L. No. 10-2014, were repealed 6-15-2020 by L.L. No. 7-2020.

§ 223-26.4 Wireless telecommunications services facilities.

[Added 2-16-2021 by L.L. No. 02-2021[1]]

A. Statement of intent and objectives.

(1) The City Council has determined that the establishment of zoning provisions to institute minimum standards for wireless telecommunication services facilities shall be among the legislative purposes of the Zoning Law of the City of Beacon and is in accordance with the goals, objectives and policies of the City's Comprehensive Plan.

(2) The purpose of these regulations is to reasonably control the location, construction, appearance and maintenance of wireless telecommunication services facilities in order to protect, to the maximum extent practicable, aesthetic impacts, the open space character of portions of the City of Beacon, the property values of the community, and the health and safety of citizens, while not unreasonably limiting competition among telecommunication providers.

B. Except as provided hereinafter, no wireless telecommunication services facility shall be located, constructed or maintained on any lot, building, structure or land area in the City of Beacon without first filing a wireless telecommunication services facility application with the Planning Board and obtaining approval from the Planning Board. All wireless telecommunication services facilities shall also require site development plan review and approval from the Planning Board in accordance with the provisions of § 223-25.

C. Exemptions. The provisions of this section shall not apply to:

(1) Unlicensed wireless telecommunication services facilities installed wholly within a principal or accessory building such as, but not limited to, baby monitors, heart monitors, garage door openers and burglar alarm transmitters, and serving only that building.

(2) Notwithstanding anything to the contrary in this chapter, an eligible facilities request for modification of an eligible support structure that does not substantially change the physical dimensions of such structure shall not require review under this section. A building permit must be obtained for an eligible facilities request prior to any modification of the eligible support structure.

D. An application for approval of a wireless telecommunication services facility shall be jointly filed by the operator of the wireless telecommunication services facility and the owner of the property on which such facility is proposed to be located and shall contain the following.

(1) A site development plan meeting the requirements of § 223-25B(1).

(2) An engineering plan illustrating the design and specifications of the proposed structure and equipment, including location of radios, antenna facilities, transmitters, equipment shelters, cables, conduits, point of demarcation, transport solution, electrical distribution panel, electric meter, and electrical conduit and cabling. Where applicable, the design documents should include specifications on design, pole modifications and ADA compliance.

(3) Where applicable, a load-bearing study to determine whether the structure requires reinforcement in order to accommodate the attachment of the proposed wireless telecommunication services facility. If pole reinforcement is warranted, the design documents should include the proposed pole modification.

(4) The location, size, and height of all existing and proposed structures on the property which is the subject of the application.

(5) The applicant's name, address, telephone number, and email address.

(6) The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant.

(7) A descriptive statement of the objective(s) for the new facility or modification thereof, including, but not limited to, filling a gap in coverage, densifying a wireless network, introducing a new service, or otherwise improving service capabilities.

(8) The location of the nearest residential structure.

(9) Identify all existing and proposed wireless telecommunication services facilities which impact the service area covering the City of Beacon, including but not limited to topographic maps of the City with service coverage and service gap grids and all proposed, as well as other functionally acceptable, locations for such facility(ies).

(10) A visual impact assessment of the proposed wireless telecommunication services facility based upon appropriate modeling, photographic simulation and other pertinent analytical techniques as required by the Planning Board.

(11) Where the owner of the property on which a wireless telecommunication services facility is proposed contemplates that such property may be used for the installation of two or more such facilities, the property owner shall submit a conceptual master plan identifying the total number and location of such facilities.

(12) Where a wireless telecommunication services facility is proposed to be located on lands owned by a party other than the applicant or the City, a copy of the lease agreement with the property owner, absent the financial terms of such agreement, together with any subsequent modifications thereof, shall be provided to the Planning Board, and a copy shall be filed with the City Clerk and the Building Inspector.

(13) For applications concerning small cell facilities, the Planning Board may, in its discretion, waive any of the above application submission requirements that it believes to be unnecessary to determine compliance with this section.

E. Approval procedures for small cell facilities.

(1) A public hearing may be held by the Planning Board, at its sole discretion, on each application concerning a small cell facility. The Planning Board may waive the public hearing requirement where the Planning Board finds that it is appropriate to do so based on consideration of technological feasibility and visual impacts. Waiving the public hearing requirement on an application concerning a small cell facility shall also waive the public hearing requirement on the corresponding site development plan application. Public notice of any required public hearing shall be provided by the applicant in accordance with § 223-61.3.

(2) Time frames for approval.

(a) Within 60 calendar days of receipt of a complete application for the co-location of a small cell facility on a preexisting utility pole, monopole or other existing support structure, the Planning Board shall make a final decision on whether to approve, approve with conditions, or deny the application and shall notify the applicant, in writing, of such decision.

(b) Within 90 calendar days of receipt of a complete application for a small cell facility on a new utility pole, monopole or other new support structure, the Planning Board shall make a final decision on whether to approve, approve with conditions, or deny the application and shall notify the applicant, in writing, of such decision.

(c) Within 10 calendar days of receipt of an incomplete application for a small cell facility, the City shall notify the applicant, in writing, of any supplemental information required to complete the application. Such notification shall toll the applicable shot clock until the applicant submits the required supplemental information. Upon receipt of an applicant's supplemental submission which adequately responds to the initial notification of incompleteness by the City, as determined by the Building Inspector, the applicable shot clock will reset to zero, and the City shall have the full 60 calendar days or 90 calendar days permitted by law to act on the completed application.

(d) For any subsequent determinations of incompleteness beyond the initial submission, the City shall notify the applicant of any required supplemental information within 10 days of receipt of the supplemental submission, and such notice shall toll the applicable shot clock until the applicant submits the required supplemental information.

F. Approval procedures for wireless telecommunication services facilities, excluding small cell facilities.

(1) A public hearing shall be held by the Planning Board on each application concerning a wireless telecommunication services facility. Public notice of said hearing shall be provided by the applicant in accordance with § 223-61.3.

(2) Time frames for approval.

(a) Within 90 calendar days of receipt of a complete application for the collocation of a wireless telecommunication services facility on a preexisting utility pole, monopole or other existing support structure, the Planning Board shall make a final decision on whether to approve, approve with conditions or deny the application and shall notify the applicant, in writing, of such decision.

(b) Within 150 days of receipt of a complete application for a new wireless telecommunication services facility, the Planning Board shall make a final decision on whether to approve, approve with conditions, or deny the application and shall notify the applicant, in writing, of such decision.

(c) Within 30 calendar days of receipt of any application for a wireless telecommunication services facility, the City shall notify the applicant, in writing, of any supplemental information required to complete the application. Such notification shall toll the applicable shot clock until the applicant submits the required supplemental information. Upon receipt of an applicant's supplemental submission which adequately responds to the initial notification of incompleteness by the City, as determined by the Planning Board, the applicable shot clock will reset to zero, and the City shall have the full 90 calendar days or 150 calendar days permitted by law to act on the completed application.

(d) For any subsequent determinations of incompleteness beyond the initial submission, the City shall notify the applicant of any required supplemental information within 10 days of receipt of the supplemental submission, and such notice shall toll the applicable shot clock until the applicant submits the required supplemental information.

G. The applicant and all future owners of the premises and the wireless telecommunication services facility shall at all times keep on file in the office of the City Clerk the name, address, and telephone number of the owner and operator of such facility and the name of at least one individual who shall have authority to arrange for the maintenance of the premises and facility and who shall be authorized to accept service of notices and legal process on behalf of the owner and operator(s) of the premises and facility and to bind the owner to any settlement, fine, judgment, or other disposition (other than incarceration) which may result from any civil or criminal action or proceeding instituted by the City against such owner and/or operator(s). Such information shall be submitted to the City on a form provided by the Building Department of the City of Beacon. Satisfaction of this requirement shall be a condition of approval for any wireless telecommunication services facility.

H. Application fees. At the time an applicant submits an application for a wireless telecommunication services facility, such applicant shall pay a nonrefundable application fee in an amount determined by the City Council and set forth in the City of Beacon fee schedule, which may be amended, in addition to any other fee required by law.

I. Reimbursement for the use of the public right-of-way. In addition to application fees, every wireless telecommunication services facility located in the public right-of-way is subject to the City's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the public right-of-way. The annual fee for use of the public right-of-way shall be set forth in the City of Beacon fee schedule.

J. Setbacks. Wireless telecommunication services facilities, except for small cell facilities and those structurally mounted to an existing building or structure, shall be located not less than two times the otherwise applicable setback requirements for principal structures for the district in which the property is located, or not less than the height of the facility to any property line, whichever shall be greater. Except within the public right-of-way, all proposed poles, pole equipment and enclosures installed in connection with a small cell facility shall comply with the minimum setback requirements of the zoning district in which it is located. Wireless telecommunication services facilities structurally mounted to the roof of an existing building or structure shall be set back at least 15 feet from the edge of the roof along any street frontage, unless the Planning Board makes a written determination that such setbacks are not necessary based on visual impacts or feasibility.

K. Height limitations. Within the height limitations set forth below, a wireless telecommunication services facility shall not exceed the minimum height reasonably necessary to accomplish the purpose it is proposed to serve. Coverage requirements, safety, visual impacts, and proximity to occupied buildings are all factors that can be considered in determining the appropriate height.

(1) The height of any antennas, or other associated antenna equipment, structurally mounted as part of a wireless telecommunication services facility shall not be placed more than 10 feet above the highest point of the existing structure on which such antennas or antenna equipment is affixed or 10% taller than the highest point of the adjacent structures if the adjacent structures are taller than the structure to which the antennas and equipment are proposed to be affixed, unless the Planning Board determines that a requested height is required to provide the necessary service and/or capacity (i.e., network densification). Antennas shall be mounted so that the bottom of the antenna is at least 20 feet above the grade at the base of the pole.

(2) The height of any monopole or tower utilized in a wireless telecommunication services facility shall not exceed 150 feet in height measured from the highest point of such facility to the finished grade elevation of the ground immediately adjacent to the structure.

(3) Applicants must submit documentation justifying the total height.

L. Visual mitigation.

(1) All wireless telecommunication services facilities shall be sited to have the least adverse visual effect on the environment and its character, on existing vegetation and on any adjacent residential uses in the area of the wireless telecommunication services facility.

(2) Landscaping and/or other screening and mitigation, including but not limited to architectural treatment, stealth design, use of neutral or compatible coloring and materials, or alternative construction and transmission technologies, shall be required to minimize the visual impact of such facility from public thoroughfares, important viewsheds designated by the City Council or listed in the City's Comprehensive Plan, and surrounding properties to the extent practicable, as determined by the Planning Board.

(3) No signs shall be erected on any wireless telecommunication services facility except as may be required by the FCC or other governmental agency with jurisdiction over such facilities.

(4) All equipment enclosures and storage buildings associated with the wireless telecommunication services facilities shall be consistent or compatible with adjacent buildings in terms of design, materials and colors and shall be appropriately landscaped. All accessory equipment shall maximize use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings.

(5) No wireless telecommunication services facility shall be located in the Historic District and Landmark Overlay Zone, unless the applicant demonstrates to the satisfaction of the Planning Board that the selected site is necessary to provide wireless services, including but not limited to, filling a gap in coverage, densifying a wireless network, introducing a new service or otherwise improving service capabilities.

(6) The Planning Board may consider alternative locations for equipment.

(7) The Planning Board shall consider all impacts to designated scenic viewsheds or view locations.

(8) No wireless telecommunication services facility shall obstruct pedestrian or vehicular traffic in any way.

(9) Wherever possible, new wireless telecommunication services facilities shall be in the form of antennas attached to an existing building or structure and/or shall be in the form of stealth structures. Towers shall be the structures of last resort.

(10) All applications for a small cell facility shall comply with the Small Cell Wireless Facility Design and Review Guideline Policy, to the maximum extent feasible, and the applicable provisions of this section. However, notwithstanding anything to the contrary, where appropriate, the Planning Board shall have the authority to waive any requirements set forth in the Small Cell Wireless Facility Design and Review Guideline Policy and this subsection relating to an application for, or approval of, a small cell facility. The Wireless Facility Design and Review Guideline Policy shall be created by the Building Inspector, upon consultation with the City Planner, and shall be approved by the Planning Board.

M. Materials. A wireless telecommunication services facility shall be of galvanized finish or painted gray or another neutral or compatible color determined to be appropriate for the proposed location of such facility in the reasonable judgment of the Planning Board. The mountings of wireless telecommunication antennas shall be nonreflective and of the appropriate color to blend with their background.

N. Lighting. The wireless telecommunication services facility shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state, or local authority.

O. Operational characteristics. Unless otherwise superseded by the Federal Communications Commission (FCC), the design and use of the proposed wireless telecommunication services facility, including its cumulative impact with other existing and approved facilities, shall be certified to conform to the maximum NIER exposure standards promulgated by the FCC, as amended. Said certification shall include a report by a licensed professional electrical engineer with expertise in radio communication facilities and/or health physicist acceptable to the Planning Board. A copy of such certification report shall be submitted to the Planning Board prior to commencing operation of such facility, and a copy shall be filed with the Building Inspector. The Planning Board may require annual certification of conformance with the applicable emission standards. Additionally, copies of certification reports shall be submitted to the Planning Board whenever they are required to be submitted to the FCC. The Planning Board may hire a qualified professional of its choosing to review and confirm such initial and subsequent certification report(s), the cost of which shall be reimbursed by the applicant in accordance with the escrow account procedures established by the City for the reimbursement of professional review fees pursuant to § 223-61.1. Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation.

P. Utility service. Electrical and land-based telephone lines extended to serve the wireless telecommunication services facility sites shall be installed underground, unless the Planning Board determines such requirement is not feasible. If the wireless telecommunication services facility is attached to a building, and if determined practical and feasible by the Planning Board, all wires from the ground to said facility shall be located within the building. If permitted to be located outside said building, the wires shall be enclosed in a conduit whose materials and colors are consistent or compatible with the building.

Q. Safety provisions. A wireless telecommunication services facility shall be designed and erected so that in the event of structural failure it will fall within the required setback area and, to the maximum extent possible, away from adjacent development.

R. Security provisions. A wireless telecommunication services facility shall be designed to prevent unauthorized access and may include the incorporation of physical features such as fencing, anti-climbing devices or elevating ladders on monopoles and towers, and/or monitoring either by staff or electronic devices to prevent unauthorized access and vandalism.

S. Structural/safety inspection and report.

(1) A monopole or tower over 50 feet in height shall be inspected at least every five years from a structural and safety perspective at the expense of the service provider by a licensed professional engineer, or at any other time upon a determination by the Building Inspector that the monopole or tower may have sustained structural damage, and a copy of the inspection report shall be submitted to the Building Inspector.

(2) The City of Beacon reserves the right to inspect any wireless telecommunication services facility to ensure compliance with the provisions of this section and any other provisions found within the Federal Communications Commission (FCC) regulations and City of Beacon Code, state or federal law. The City of Beacon and/or its agents shall have the authority to enter the property upon which a wireless telecommunication services facility is located at any time, upon reasonable notice to the operator, to ensure such compliance.

T. Interference. In the event that the wireless telecommunication services facility causes interference with the radio or television reception within the City of Beacon, the applicant, at the applicant's sole expense, shall thereafter ensure that any interference problems are promptly corrected.

U. The Secretary of the Planning Board shall forward a copy of the Planning Board decision to the City Tax Assessor to allow the City to better assess the utility infrastructure for wireless telephone facilities.

V. Duration. Construction must be commenced within 12 months of issuance of the Planning Board's approval and diligently pursued thereafter, or such approval shall expire. The Planning Board may, in its sole discretion, grant a six-month extension upon good cause shown.

W. Removal, relocation, or modification of wireless telecommunication services facilities in the public right-of-way.

(1) Notice. Within 90 days following written notice from the City, the wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any wireless telecommunication services facility within the public right-of-way whenever the City has determined that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance, or installation of any City improvement in or upon, or the operations of the City in or upon, the public right-of-way.

(2) Abandonment of facilities. Upon abandonment of a wireless telecommunication services facility within a public right-of-way of the City, the wireless provider shall notify the City within 90 days. Following receipt of such notice the City may direct the wireless provider to remove all or any portion of the small cell facility if the City, or any of its departments, determines that such removal will be in the best interest of the public health, safety and welfare.

(3) A wireless telecommunication provider is authorized, after 30 days' written notice to the City Building Inspector, to remove its facility at any time from the rights-of-way and cease paying the City the administrative fee.

[1] Editor's Note: This local law also repealed former § 223-26.4, Small cell wireless telecommunications facilities, added 8-7-2018 by L.L. No. 13-2018, as amended.

§ 223-26.5 Short-term rentals.

[Added 6-15-2020 by L.L. No. 6-2020[1]]

A. Findings. The City Council of the City of Beacon has determined it is in the best interest of the City and its residents to regulate short-term rentals. The City Council recognizes the benefits of short-term rentals to allow homeowners to supplement their income to defray the cost of housing and to provide lodging for visitors to the City. However, in order to protect the health, safety and welfare of the City and its residents, it is necessary to restrict the rental of dwelling units for terms shorter than 30 consecutive days, a practice which is growing in popularity with the advent of internet and social media-based programs that connect property owners and persons seeking short-term rentals. In addition, studies have shown that short-term rentals are linked to increases in rent and housing costs because rental units are taken off the market and used as short-term rentals. Units are going to short-term renters rather than to permanent residents which results in a decrease in available housing stock within the City of Beacon. By this section, the City Council seeks to allow short-term rentals in dwelling units located in single-family homes, two-family homes, accessory apartments and multifamily dwellings. The City Council recognizes that the impacts of short-term rentals may be different in multifamily dwellings compared to short-term rentals in single-family and two-family homes. The impacts may be more acute in multifamily dwellings due to the shared style of community living, the proximity of dwelling units to one another, and use of shared community space. To address these concerns the City Council has adopted more stringent enforcement requirements for short-term rental units in multifamily dwellings. The City Council believes that the restrictions and requirements imposed herein further the City's goals and objectives and promote the protection of the health, safety and welfare of the City and its residents.

B. Definitions. As used in this section, the following words shall have the meanings indicated:

DWELLING UNIT

A building, or portion thereof, providing complete housekeeping facilities for one family.

OCCUPIED PRIMARY RESIDENCE

A dwelling unit used by the owner or tenant as his or her or their primary residence. All owners of the business entity must use the premises as his or her or their primary residence. When a property is titled in the name of a trustee, the property shall be considered an occupied primary residence if the grantor or grantee is the occupant of the property.

OWNER

Any individual or individuals, partnership or corporation or other organization in possession of and having a fee interest in the real property. The term "owner" shall include a corporation, limited-liability company, partnership, association, trustee, or other business entity or nonbusiness forms of ownership.

PERSON

Any person, individual, corporation, governmental entity, partnership, association, trustee or other legal entity.

PRIMARY RESIDENCE

The primary location that a person inhabits and resides most of the year.

SHORT-TERM RENTAL

An entire dwelling unit, or a room or group of rooms within a dwelling unit, made available to rent, lease or otherwise assigned for an occupancy of less than 30 consecutive days. The term "short-term rental" does not include dormitories, hotel or motel rooms, bed-and-breakfast inns or lodging houses, as permitted and regulated by the City of Beacon Zoning Ordinance.

TENANT

Any person holding a written lease to occupy, use and possess the whole or part of any building or real property, either alone or with others.

C. Permit required. It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease any property as a short-term rental without first having obtained a short-term rental permit.

D. Any dwelling unit, or room(s) therein, located in a one-family home, two-family home, accessory apartment, or multifamily dwelling may be used as short-term rentals subject to the requirements set forth in this section. Short-term rentals shall be permitted in all zoning districts within the City of Beacon.

E. Permit application.

(1) An application for a short-term rental permit shall be filed and a short-term rental permit shall be obtained before the dwelling unit, or a room or group of rooms within a dwelling unit is advertised for short-term rental, and, if the spaces are not advertised, then such permit shall be obtained before said space is leased or rented.

(2) Issuance of a short-term rental permit requires submission of an application to the Building Department and payment of the processing fee set forth in the City fee schedule.[2]

[2] Editor's Note: Said fee schedule is on file in the City offices.

(3) If a tenant seeks a short-term rental permit, the tenant's application shall be signed by the landlord.

(4) The form and content of the permit applications shall be as determined from time to time by the Building Department and shall contain such information and materials as the Building Department deems necessary to determine the sufficiency of the application. Such application shall contain, at a minimum:

(a) Proof of receipt of New York State STAR Credit or STAR property tax exemption for the short-term rental property;

(b) Copy of utility bill in the applicant's name;

(c) Property address; total number of rooms; location; number of persons.

[1] The property address;

[2] The total number of dwelling units located within the building;

[3] The total number of bedrooms and bathrooms inside the dwelling unit;

[4] The total number of rooms proposed for short-term rental use;

[5] The location of each such dwelling unit or individual bedroom within the building; and

[6] The number of persons to be accommodated in each room available for short-term rental use;

(d) A signed and notarized certification in a form acceptable to the Clerk by the applicant attesting to the fact that:

[1] The applicant resides at the property and it is the applicant's primary residence;

[2] That the property is fit for human habitation and safe;

[3] That the applicant will comply with all of the conditions and restrictions of the permit;

[4] That no portion of the area used for short-term rentals will utilize a cellar or attic, or any portion thereof, as habitable space unless it meets the requirements of the International Fire, Residential and Building Codes or successor law;

[5] That the property is in compliance with all the provisions of this article, the applicable provisions of the City Code, the International Series of Codes and the New York State Code Supplement; and

[6] The required building permits and certificates of occupancy are in place for all existing structures on the property if applicable;

(e) Such other information as the City may require to prove the property is an occupied primary residence and safe for renters; and

(f) If an applicant plans to rent the entire dwelling unit, the short-term rental application shall include the name and contact information of a responsible person with the right to enter and maintain possession of the dwelling. Such responsible person must be available 24 hours a day to respond in person to tenant and neighborhood concerns and be capable of responding in person within two hours of notification from the City.

(5) All permits issued pursuant to this section shall be for a period of two years and shall be renewable for subsequent two-year terms upon application, conformance with this section and payment of the permit fee.

(6) If the information submitted as part of the permit application changes at any time after submittal of the application, it is the responsibility of the owner to submit such changes to the Building Department in writing within 30 days of the occurrence of such change. Failure to do so shall be deemed a violation of this section.

F. Inspection. The property shall be inspected by the Building Department at the time of the initial application and prior to any permit renewal, to determine whether the property remains in compliance with the section and all other applicable provisions of the City Code, the International Series of Codes and New York State Code Supplement. If the Building Inspector determines that the short-term rental space is not in compliance, the owner shall cease use of the dwelling unit as a short-term rental until all noncomplying elements have been corrected and the owner shall apply for reinspection with the Building Department, subject to an additional fee as set forth in the City Fee Schedule.

G. Occupied primary residence. It shall be unlawful to use, establish, maintain operate, occupy, rent or lease any property as a short-term rental if the property is not an occupied primary residence. The property used as a short-term rental shall be the primary residence of the owner, tenant, grantor or grantee at all times during the term of the permit.

H. All short-term rentals shall comply with the following standards:

(1) If a property owner or tenant is renting out the entire dwelling unit, the property owner must engage the services of an agent with the right to enter and maintain possession of the dwelling. This agent must be available 24 hours a day to respond to tenant and neighborhood concerns and be capable of responding within two hours of notification from the City.

(2) No owner shall offer or use any part of the property as a short-term rental not approved for residential use, including but not limited to, vehicles parked on the property, a storage shed, recreation room, trailer, garage, or any temporary structure such as a tent.

(3) A short-term rental property shall not be rented for any other purpose, commercial or otherwise, not expressly permitted under this section, such as concerts or weddings.

(4) Short-term rental of an entire dwelling unit is limited to 100 days in any one calendar year. A rental day shall be deemed to mean any day that the property is occupied for rental overnight. Upon request, the property owner or tenant shall provide:

(a) A statement from any/all short-term rental website platforms used to advertise the short-term rental; such letter shall be provided on the company's letterhead and shall indicate the number of rentals for the entire dwelling unit that occurred within the year; and

(b) A certified letter indicating the number of days the entire dwelling unit was rented within the year through any short-term rental website or other means.

(5) If a property owner advertises their rental, the short-term rental permit number must be included in the listing.

(6) All guests are subject to the provisions of the Code of the City of Beacon. The property owner or tenant is responsible for informing each guest of these provisions.

I. Presumptive evidence. The presence or existence of the following shall create a rebuttable presumption that a property is being utilized as a short-term rental:

(1) The property is offered for lease or rent on a short-term rental website, including but not limited to Airbnb, HomeAway, VRBO and similar websites; or

(2) The property is offered for lease or rent by the use of any other advertising mechanism for a period of less than 30 days.

J. A list of all short-term rental units located in the City of Beacon shall be maintained on the City's website, and a hard copy shall be available for review in the City Building Department. Such list shall be updated every six months.

K. Revocation of a permit.

(1) The grounds upon which a permit can be revoked shall include but shall not be limited to:

(a) The permit was issued in error, or issued in whole or in part as a result of a false, untrue, or misleading statement on the permit application or other document submitted for filing, including but not limited to the schematic or certification;

(b) A short-term rental permit has been issued and the owner or tenant fails to continue to occupy the premises as his, her or their primary residence;

(c) Use of the property as a short-term rental creates a hazard or public nuisance, threat to public safety or other condition which negatively impacts the use and/or enjoyment of surrounding properties, or threatens the peace and good order, or quality of life in the surrounding community;

(d) Failure to comply or violating the conditions of the permit;

(e) Failure to comply or violating any federal, state, or local law, regulation or rule.

(f) Short-term rental permits for dwelling units located in multifamily buildings may be revoked if the Police Department or Building Inspector receives three substantiated written complaints in a twelve-month period concerning the use of the premises as a short-term rental. A written complaint can be substantiated by the Building Inspector of the Police Department if it is a complaint regarding the violation of a City law or ordinance and the complaint is supported by other evidence, including a police report, photograph, or video.

(2) Any permit issued pursuant to this section may be revoked or suspended by the Building Inspector, after written notice to the owner. Written notice shall be served by registered or certified mail, return receipt requested, and by regular mail, to the applicant at the address shown on the application. The notice shall describe the reasons why the City is revoking the permit.

L. Appeals.

(1) Upon the denial, suspension or revocation of a permit, the applicant may, within 15 business days from the date of the written notice, file a request for a hearing before the Zoning Board of Appeals. Such request shall be filed with the Zoning Board of Appeals' Secretary. Notice of the date, place and time of the hearing shall be given in writing by mail to the applicant at the address shown on the application. In the event that demand for a hearing is not made within the prescribed time or in the event that the applicant does not timely appear for the hearing, the Building Inspector's decision shall be final and conclusive.

(2) The hearing shall commence no later than 30 days after the date on which the request was filed.

(3) The applicant shall be given an opportunity to present evidence why such denial of application, or such suspension or revocation of the permit, shall be modified or withdrawn. The Building Inspector or his or her designated agent may also present evidence. Upon consideration of the evidence presented, the Zoning Board of Appeals shall sustain, modify or reverse the decision of the Building Inspector or his or her designated agent.

(4) In the event the applicant is not satisfied with the decision of the Zoning Board of Appeals, such aggrieved party may file an Article 78 proceeding under the New York Civil Practice Law and Rules. The Article 78 proceeding must be filed within 30 days of the filing of the Zoning Board of Appeals' decision with the City Clerk of the City of Beacon and service of the same upon the applicant.

M. Violations. A violation of any provision of this chapter is an offense, punishable as provided for in § 1-3, General penalty. When a person has received written notice from the Building Inspector or has been served with a summons and complaint in an action to enjoin continuance of any violation, each day in excess of 10 days thereafter that he shall continue to be guilty of such violation shall constitute an additional, separate and distinct offense.

[1] Editor's Note: This local law provided the following: "This local law shall take effect on October 1, 2020. Any short-term rental, as defined herein, in existence prior to October 1, 2020 shall have until November 15, 2020, to file an application to obtain a short-term rental permit. Any short-term rental existing prior to October 1, 2020 that (a) does not meet the definition of short-term rental or (b) is a short-term rental, as defined, and does not file an application by November 15, 2020 shall be deemed to be in violation of this local law and subject to enforcement."