[HISTORY: Adopted by the Town Board of the Town of Hyde Park 9-8-2005 by L.L. No.
3-2005; amended in its entirety 4-9-2007 by L.L. No.
5-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Greenway Connections — See Ch. 14.
Building code administration and enforcement — See Ch. 40.
Dumping — See Ch. 48.
Electrical inspections — See Ch. 51.
Environmental quality review — See Ch. 54.
Fire prevention — See Ch. 57.
Flood damage prevention — See Ch. 60.
Freshwater wetlands — See Ch. 63.
Parks and recreation areas — See Ch. 82.
Property maintenance — See Ch. 84.
Sewers — See Ch. 87.
Soil and mining excavation — See Ch. 92.
Stormwater management and erosion and sediment control — See Ch. 93.
Street openings and driveways — See Ch. 95.
Subdivision of land — See Ch. 96.
Swimming pools — See Ch. 98.
Telecommunications towers and facilities — See Ch. 101.
Water resources protection — See Ch. 107.
Road specifications — See Ch. A111.
This chapter shall be known and may be cited as the "Zoning
Law of the Town of Hyde Park."
This chapter is enacted pursuant to the authority and power
granted by the Municipal Home Rule Law of the State of New York and
the Town Law of the State of New York, in conformance with the Town
of Hyde Park Comprehensive Plan duly adopted by the Town Board. As
stated herein, specific sections of Article 16 of the Town Law have
been superseded by this chapter pursuant to the authority of § 10
of the Municipal Home Rule Law.
This chapter regulates the location, design, construction, alteration,
occupancy, and use of structures and the use of land in the Town of
Hyde Park. Related requirements are found in other chapters of the
Town Code, including:
The purpose of this chapter is to protect and promote public
health, safety, comfort, convenience, economy, aesthetics, general
welfare; to preserve the natural, agricultural and cultural resources
of the Town of Hyde Park; and to serve the following additional specific
purposes:
A.
To promote the four strategic directions identified in the Town's
Comprehensive Plan. These are: fostering the organic growth of Hyde
Park, strengthening the civic cohesion of Hyde Park, expanding the
economic base of Hyde Park, and enhancing community identity in Hyde
Park.
B.
To encourage a pattern of land use in the Town in which development
with higher density, scale, and intensity of use, mixed land use,
and mixed building use occurs in community centers with appropriate
infrastructure and municipal services, and in which outlying areas
are reserved for lower density, scale and intensity of use and maintenance
of open space and natural resources.
C.
To foster throughout the Town, but particularly in community centers,
a pedestrian-oriented physical environment which encourages walking
and facilitates the safe, convenient and efficient movement of pedestrians.
D.
To support the continued expansion and diversity of the Town's economic
and employment base by fostering orderly expansion of community centers
while preserving the open space and rural character of outlying areas
of the Town.
E.
To facilitate the adequate provision of water, sewer, parks and other
public needs by establishing infrastructure requirements for new development,
and by providing public water, sewer and stormwater systems on a priority
basis for the more densely developed Business Districts, Hamlets,
Neighborhoods, and Landings.
F.
In recognition of the value of the Town's location on the historic
Hudson River, to protect the integrity of scenic views along the river,
while promoting waterfront-based recreation areas and sensitively
designed water-dependent economic development at appropriate locations
along the river.
G.
In recognition of the significance of the historic resources of the
Town, including the Roosevelt properties, the Vanderbilt Mansion,
the Culinary Institute of America, and Staatsburg (formerly Mills
Mansion), among many others, to preserve and protect lands, buildings,
and districts that are historically significant; and to enhance the
aesthetic and architectural quality of the Town in the vicinity of
such resources.
H.
To provide a range of housing opportunities, including affordable
housing, for all segments of the local population with due consideration
for regional housing needs.
I.
To reduce traffic congestion on major roads by establishing a pattern
of development and circulation that reduces the need for driving,
restricts the number of driveways directly entering major streets,
provides alternative routes between destinations, and encourages walking,
bicycling, and the use of public transportation.
J.
To protect and preserve environmental resources of the Town, including
waterways, groundwater and surface water supplies, ecological systems,
wetlands, wildlife habitat, native vegetation and environmentally
significant open space.
K.
To encourage the conservation of energy and the appropriate use of
solar and other renewable energy resources.
L.
To establish clear, efficient and flexible land use review procedures
and standards for future projects.
M.
To ensure access to light and air, to facilitate the prevention and
fighting of fires, to minimize the cost of municipal services and
to accomplish the other purposes enumerated in § 263 of
the Town Law of the State of New York.
By Local Law No. 1 of the year 2002, the Town adopted the Greenway
Connections: Greenway Compact Program and Guides for Dutchess County
Communities, as amended from time to time, as a statement of land
use policies, principles and guides. In its discretionary actions
under this chapter, the reviewing agency shall be guided by said statement
of policies, principles and guides. A copy of the Greenway Connections
is available for inspection and copying in the office of the Town
Clerk.
By Resolution 7:11-5 of 2005 of the year 2005, the Town amended
and readopted the Comprehensive Plan of the Town of Hyde Park, as
a statement of vision, goals and strategies for the Town. In its discretionary
actions under this chapter, the reviewing agency shall be guided by
said statement of vision, goals and strategies. A copy of the Comprehensive
Plan is available for inspection and review in the office of the Town
Clerk.
In its discretionary actions under this chapter with regard
to land use adjacent to or affecting Albany Post Road, the reviewing
agency shall be guided by the goals, objectives and recommendations
set forth in Albany Post Road/Route 9 Corridor Management Plan, Volumes
1 and 2, January 2006, a copy of which is available for inspection
and copying in the office of the Town Clerk.
All provisions of this chapter shall be construed to fulfill the purposes stated in § 108-1.4, the policies, principles, and guides referred to in § 108-1.5, the statement of vision, goals and strategies referred to in § 108-1.6 and the goals, objectives and recommendations referred to in § 108-1.7 above.
A.
Words and terms not specifically defined herein shall have the definition
provided, if any, in the State Building Code, as amended from time
to time. If no definition is provided in the State Building Code,
then such word or term shall have the definition provided in the Merriam-Webster's
Collegiate Dictionary, 11th or most current edition. A copy of the
State Building Code is available for inspection in the office of the
Building Inspector of the Town of Hyde Park.
B.
All words used in the present tense include the future tense. All
words in plural number include the singular unless the natural construction
of the wording indicates otherwise. The terms "building" and "structure"
include any part thereof. The word "land" includes all ground within
the Town of Hyde Park, including surface water bodies overlying such
ground. The word "he" includes "she" or "they." Unless otherwise specified,
all distances shall be measured horizontally.
C.
The word "shall" is used in its mandatory sense. The word "may" is
permissive.
D.
The word "Town" means the Town of Hyde Park. The term "Town Board"
means the Town Board of the Town of Hyde Park; the term "Zoning Board
of Appeals" means the Zoning Board of Appeals of the Town of Hyde
Park; and the term "Planning Board" means the Planning Board of the
Town of Hyde Park.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure which is:
[Amended 8-24-2009 by L.L. No. 2-2009]
Contemporary use of an existing building or structure for
a use other than that for which it was originally designed, intended
or occupied, e.g., use of a former barn as a residential dwelling.
An establishment consisting of, including or having the characteristics
of any or all of the following:
ADULT BOOKSTORE OR VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade books, pamphlets, magazines, and other periodicals, sculptures, photographs, pictures, slides, videotapes, sound recordings or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or genital areas, and which excludes any minor by reason of age.
ADULT ENTERTAINMENT CABARETA public or private nightclub, bar, cabaret, restaurant or similar establishment, either with or without a liquor license, devoted to presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities or genital areas, or that features topless dancers, go-go dancers, strippers, or similar entertainers for observation by patrons, and excludes any minor by reason of age.
ADULT MODEL STUDIOAny establishment where, for any form of consideration or gratuity, figure models are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons other than the proprietor paying such consideration or gratuity, and which excludes any minor by reason of age. This provision shall not apply to any school of art which meets the requirements established in the New York State Education Law for the issuance or conferring of, and is in fact authorized to issue and confer, a diploma.
ADULT MOTELA motel which excludes any minor by reason of age and which makes available to its patrons in their rooms films, slide shows or videotapes depicting or relating to sexual activities or genital areas and which if presented in a public movie theater would exclude any minor by reason of age.
ADULT THEATERAn establishment used for presenting motion pictures, films, videos, or live entertainment distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or genital areas, and which excludes any minor by reason of age.
BODY PAINTING BUSINESSAn establishment or business which provides the service of applying paint or other substance, whether transparent or not transparent, to or on the human body and which excludes any minor by reason of age.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths, and which excludes any minor by reason of age. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or duly licensed massage therapist, or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall also exclude 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 SHOWA theater which presents material in the form of live shows, films or videotapes viewed from an enclosure for which a fee is charged and which excludes any minor by reason of age.
The commercial use of land for the raising, production, preservation,
processing, storage, and sale of farm commodities such as crops, plants,
flowers, vines, trees, sod, shrubs, livestock, poultry, fish, shellfish,
honey, or dairy products, but not including industry or use of land
primarily for the disposal of sewage or garbage.
A line of trees that frame the roadway.
A narrow street or passage between properties or buildings
serving as a secondary means of access to abutting property.
A modification of, or addition to, the parts of a structure
other than normal maintenance or repairs, or moving a building from
one location to another.
The keeping, grazing, breeding, feeding and care of animals
other than household pets.
A separate dwelling unit contained within a building having
one or more other dwelling units.
[Amended 8-24-2009 by L.L. No. 2-2009]
An apartment in a one-family dwelling or in an accessory
structure on the same parcel as a one-family dwelling.
[Amended 8-24-2009 by L.L. No. 2-2009]
A street which serves or is designed to be used primarily
for the connecting of different parts of the Town and usually carries
a high volume of traffic and which is so designated on the Town's
Official Map, if such map exists.
A use involving a production process characterized by minimal
automation, little division of labor, and conducted by a person or
small number of highly skilled craftsman skilled in an applied art
mostly using their hands and nonautomated tools to make furniture,
sculpture, clothing, jewelry, or other functional or decorative items.
[Added 10-5-2020 by L.L.
No. 1-2020]
An outdoor area designated solely for use by the public to
congregate for special events, ceremonies, social gatherings, and
Town meetings, and, when not in such use, for passive recreational
enjoyment by the public.
An all-terrain vehicle.
Any vehicle rendered inoperative by age, accident or major
parts removal and which is not registered and inspected.
A type of general commercial use wherein motor vehicles,
including but not limited to their mechanical systems, electrical
systems, and body structure, are repaired or enhanced. This use also
includes automotive painting conducted in conjunction with the repair
work.
[Added 3-9-2015 by L.L. No. 2-2015]
A type of general commercial use involving the rental, lease,
sale and/or resale of motor vehicles, new or used.
[Added 3-9-2015 by L.L. No. 2-2015]
A structure attached to a building and projecting from it,
having no supporting posts or columns, and designed to permit being
rotated to a storage position against the building when not in use.
That space of a building which is partly below grade and
has more than 1/2 of its average height, measured from floor to ceiling,
above the finished grade of the ground adjoining the building. (See
"cellar.")
An owner-occupied residence resulting from conversion of
a one-family dwelling, used for providing overnight accommodations
and a morning meal to not more than 10 transient lodgers for which
compensation is paid. A bed-and-breakfast shall offer from one bedroom
to four bedrooms without kitchens. A bed-and-breakfast is not deemed
a home occupation and shall require site plan review and approval
by the Planning Board, which shall determine, among other requirements,
adequate parking.
[Amended 10-5-2020 by L.L. No. 1-2020]
A structure having a roof supported by columns or walls,
affording shelter to persons, animals or property.
The New York State Uniform Fire Prevention and Building Code,
9 NYCRR Part 600 et seq., as amended from time to time, and the International
Building Code and International Residential Code, to the extent they
are adopted and enforced by the State of New York.
The vertical distance measured from the average elevation
of the proposed finished grade around the perimeter, measured every
10 feet, to the midpoint of the highest point of the peak of the highest
roof to its associated eave. When a building not containing an accessory
apartment is an accessory structure, the height is measured to the
highest point of the structure.
[Amended 8-24-2009 by L.L. No. 2-2009]
The horizontal distance between the outermost walls of a
building measured from the outside edge, parallel to the street on
which it fronts (if the building is parallel to the street) or along
the axis of its greatest width (if it is not parallel to the street).
Any of the following zoning districts in the Town of Hyde
Park: East Park Business District, Corridor Business District and
Neighborhood Business District.
[Amended 10-5-2020 by L.L. No. 1-2020]
A facility providing access, water, sanitary and electrical
services, where persons are lodged for a seasonal or temporary period
of time (less than six months) for recreational or instructional purposes.
A camp offering care or instruction for children or adults
during the day only and with no provision for sleeping or overnight
accommodations.
A camp primarily equipped with utility connections for two
or more camping trailers or recreational vehicles.
A structure, other than an awning, having an integral structural
frame, attached to a building along one or more sides, with or without
the use of supporting posts or columns, and with or without side panels.
A type of general commercial use consisting of any facilities
for the washing, and/or waxing or vacuuming of passenger vehicles,
recreational vehicles, light duty trucks and vans, but not heavy duty
trucks or trailers.
[Added 3-9-2015 by L.L. No. 2-2015]
That space of a building which is partly or entirely below
grade, which has more than 1/2 its height, measured from floor to
ceiling, below the average finished grade of the ground adjoining
the building. (See "basement.")
Land used or intended to be used for the burial of the dead
and dedicated for such purposes. Included in this definition are columbaria,
crematories, mausoleums and mortuaries when they are operated in conjunction
with and within the boundaries of such cemetery.
A certificate issued by the Building Inspector and the Zoning
Administrator for a building or structure, which states that the building
or structure conforms to the requirements of the Building Code and
this chapter.
An institution which is incorporated as a Type B public benefit
not-for-profit corporation as defined in Article 2, § 201,
of the Not-for-Profit Corporation Law of the State of New York, and
which qualifies for exemption under Internal Revenue Code § 501(c)(3),
excluding those institutions which are penal or correctional institutions,
residential care facilities, day-care facilities, or institutions
owned or operated by governmental agencies.
Buildings, structures, and uses owned and operated by the
Town or Fire District and regularly used for community meetings, recreation
and other forms of public assembly.
A subdivision plat or plats, approved by the Planning Board pursuant to § 96-9 of Chapter 96 of this Code, in which the applicable density, minimum lot size and setback requirements of this chapter are modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands. The Planning Board may, at its discretion, require residential clustering in all zoning districts defined herein.
A nonresidential use involving an occupation, employment
or enterprise that is carried on for profit by the owner, lessee or
licensee not otherwise specified in the use regulation. This use shall
not be interpreted to include any temporary or transient overnight
accommodations or permanent residences or dwellings. Also referred
to herein as "general commercial use" or "commercial, general."
[Amended 3-9-2015 by L.L. No. 2-2015; 10-5-2020 by L.L. No. 1-2020]
Every type of motor vehicle used or registered for commercial
purposes, such as for transportation of goods, wares and merchandise;
motor coaches carrying passengers; and trailers and semi-trailers,
including tractors when used in combination with trailers and semi-trailers.
Commercial motor vehicles shall not include pick-up trucks which are
exclusively used to transport family members and/or personal possessions
of such family members for nonbusiness, recreational purposes by the
operator or a rental truck which is exclusively used to transfer personal
possessions of the person who has rented the truck for nonbusiness
purposes.
[Added 12-22-2014 by L.L. No. 5-2014]
Those areas intended for use or enjoyment by all residents
of a development, including streets, alleys, parking areas, walkways,
landscaped areas, open space and recreation areas.
A place, structure, area or other facility used for and/or
providing social and or recreational programs generally open to the
public, and designed to accommodate and serve significant segments
of the community.
For purposes of this Zoning Chapter, a community residential
facility shall be the equivalent of an intermediate "community residence"
as defined in § 1.03 of the New York State Mental Hygiene
Law which serves no more than 14 individuals, or a family-type home
for adults as defined by NYCRR, Title 18, Chapter II, Subchapter D,
Part 489. A community residential facility shall not be construed
to include multiple dwellings under this definition.
[Amended 10-5-2020 by L.L. No. 1-2020]
A not-for-profit activity that is carried on for the benefit
of the community, such as educational, scientific, religious, municipal
and charitable institutions and activities.
An application that includes the following:
All information concerning the proposed project in the format
required by the applicable provisions of this chapter;
All application fees required by this chapter and the professional
review fee escrow deposit, if any, required by the reviewing agency;
An EAF or DEIS assessing the potential environmental impacts
of the proposed project;
A determination by the reviewing agency (or by the lead agency
in the event of coordinated review) that the proposed project is not
likely to have a significant impact on the environment (negative declaration)
or the filing of a notice of completion of a DEIS in accordance with
the provisions of SEQRA.
An application is considered "administratively complete" for
processing by the Zoning Administrator when it includes items in Subsection
A(1) through (3) above, but not (4).
The most recent Comprehensive Plan adopted by the Town Board
pursuant to § 272-a of the Town Law.
A perpetual restriction on the use of land, created in accordance
with the provisions of § 49, Title 3, of the Environmental
Conservation Law or of § 247 of the General Municipal Law,
for the purposes of conservation of open space, agricultural land,
and natural, cultural, historic or scenic resources.
A container over 100 gallons in capacity (commonly referred
to as a "dumpster") for the collection and temporary storage for removal
of construction and/or demolition debris.
A type of general commercial use including building and/or
area of land where building materials, equipment and supplies used
exclusively as part of a contractor or construction business are stored.
Retail or wholesale trade of any contractor materials or supplies
is not permitted accessory to a construction yard.
[Added 3-9-2015 by L.L. No. 2-2015]
A zoning district that encompasses properties on either side
of New York State Route 9 south of the Town Core Zoning District,
the boundaries of which are shown on the Town Zoning Map.
[Added 10-5-2020 by L.L.
No. 1-2020]
A landscaped area adjacent to a building enclosed by a low
wall or a hedge.
The percentage of the area of any lot physically covered
or occupied by the combined area of all structures and impervious
surfaces.
An establishment which produces on the premises beer, wine,
cider, vinous beverages, spirits or edible goods for off- and/or on-site
consumption in accordance with New York State Liquor Authority, Department
of Health and other applicable agency regulations. Such an establishment
shall include a public component, such as a tasting room, restaurant
and/or a retail establishment. A craft brewery, distillery, winery
and/or food manufacturing facility shall be classified as a “general
commercial use” for zoning purposes, notwithstanding the definition
of “light industrial use” as contained in the Town Code.
[Added 9-18-2017 by L.L.
No. 2-2017]
A type of core zoning district that encompasses properties
primarily with frontage on Albany Post Road (NYS Route 9), at and
near its intersection with Market Street, and encompassing what is
identified traditionally as the historic crossroads hamlet of Hyde
Park, the boundaries of which are shown on the Town Zoning Map.
[Added 3-9-2015 by L.L. No. 2-2015]
A public library, museum or similar institution that serves
the public.
One round trip of a motor vehicle to and from a use or structure.
A facility operated on a regular basis for a fee, for care
of children as defined in Social Services Law § 390, or
for the care of adults whose ability to independently perform the
normal activities of daily life is limited by age or physical or other
impairment but who do not require the level of care provided by nursing
homes or medical facilities. A day-care center shall not include any
facilities that provide overnight accommodations.
The New York State Department of Environmental Conservation.
A draft environmental impact statement prepared in accordance
with the requirements of SEQRA.
The relative compactness or closeness of a use of land expressed
in dwelling units per acre (DU/A).
Any man-made change to improved or unimproved real estate,
including but not limited to construction or alteration of buildings
or other structures, as well as mining, dredging, filling, paving,
excavation or drilling operations.
A facility accessory to a general commercial use with physical
facilities, service or by packaging procedures, that allows customers
to receive services and/or obtain goods while remaining in their motor
vehicles.
[Added 3-9-2015 by L.L. No. 2-2015]
A private vehicular way which provides access to a street
for a structure or off-street parking facility, but which does not
provide a route for through traffic.
A building used exclusively for residential purposes, containing
one or more dwelling units.
See "multiple dwelling."
See "one-family dwelling."
See "two-family dwelling."
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
An environmental assessment form prepared pursuant to the
requirements of SEQRA.
Authorization by a property owner for the use by another
of any designated part of his property for a specified purpose.
A zoning district oriented towards Route 9G, the boundaries
of which are shown on the Town Zoning Map.[3]
Any school or other organization or institution conducting
a regularly scheduled curriculum of study similar to that of the public
schools and operated by not-for-profit corporations under the Education
Law of the State of New York.
An environmental impact statement prepared in accordance
with the requirements of SEQRA.
A person licensed and currently registered as a professional
engineer by the State of New York or licensed in a state with a reciprocal
agreement with the State of New York.
A preexisting agricultural barn or other similar agricultural building or other accessory structure adaptively reused as a rural event venue pursuant to § 108-28 of the Town Code. For purposes of these regulations, "preexisting" shall mean any agricultural building or accessory structure legally in existence on January 1, 2010.
[Added 11-28-2016 by L.L.
No. 10-2016; amended 11-15-2021 by L.L. No. 10-2021]
The exterior wall or walls of a building which identify the
architectural front, sometimes distinguished from the sides and rear
by elaboration of architectural or ornamental details.
[Amended 11-4-2019 by L.L. No. 9-2019]
Any number of persons occupying a single dwelling unit, related
by blood, marriage, legal adoption, or foster care family arrangement,
living and cooking together as a single housekeeping unit.
Any number of persons occupying a single dwelling unit, not
exceeding five adults living and cooking together as a single housekeeping
unit as the functional equivalent of a family where not all are related
by blood, marriage, legal adoption, or foster care family arrangement.
It shall be presumptive evidence that more than five persons
living in a single dwelling unit, any of whom are not related by blood,
marriage, legal adoption, or by foster care arrangement, do not constitute
the functional equivalent of a traditional family. Notwithstanding
the provisions of this definition, a group of adults of which any
are unrelated numbering more than five shall be considered a "family"
upon a determination by the Zoning Board of Appeals that the group
is the functional equivalent of a family pursuant to the standards
enumerated below. This presumption may be rebutted, and the unrelated
individuals may be considered the functional equivalent of a "family"
for the purposes of this article by the Zoning Board of Appeals if
such group of individuals exhibits characteristics of a permanent
family structure pursuant to the criteria provided herein. In determining
whether a group of more than five unrelated persons constitutes a
"family" for the purpose of occupying a dwelling unit, as provided
herein, the Zoning Board of Appeals shall utilize the criteria enumerated
herein in making said determination. Before making a determination
under this subsection, the Zoning Board of Appeals shall hold a public
hearing, after public notice. In determining whether individuals living
together are the functional equivalent of a family, the following
criteria shall be considered (It is not the intent of this law that
the individuals living together are required to meet all of the listed
criteria.):
Whether the occupants share the entire dwelling unit or act
as separate boarders.
Whether the household has stability akin to a permanent family
structure. The criteria used to determine this test include the following:
Length of stay together among the occupants in the current dwelling
unit or other dwelling units.
The presence of minor, dependent children regularly residing
in the household.
The presence of an individual acting as head of household.
Proof of sharing expenses for food, rent or ownership costs,
transportation, insurance, utilities, and other household expenses.
Common ownership of furniture and appliances and the common
use of vehicles among the members of the household.
Whether the household is a temporary living arrangement or a
framework for transient living.
Whether the composition of the household changes from year-to-year
or within the year.
Whether each of the occupants uses the address of the dwelling
for their vehicle registration, drivers' licenses, passports, bank
accounts, bills, loans, tax returns, and other licenses and permits,
etc.
Any other factor reasonably related to whether or not the group
of persons is the functional equivalent of a family.
Any determination under this subsection shall be limited to
the status of a particular group as a "family" and shall not be interpreted
as authorizing any other use, occupancy, or activity. In making any
such determination, the Zoning Board of Appeals may impose such conditions
and safeguards as the Board shall deem necessary or advisable in order
to maintain the stability and character of the neighborhood and protect
the public health, safety, and welfare.
In no case shall a dwelling be occupied by more than two adults
to a conventional bedroom.
Persons occupying group quarters such as a dormitory, fraternity
or sorority house, or a seminary shall not be considered a "family."
A lot, together with its structures, on which agriculture
is conducted as the principal use.
[Amended 8-24-2009 by L.L. No. 2-2009]
The arrangement, proportioning and design of windows and
doors in a building.
Any map or plat filed in the Dutchess County Clerk's Office.
The natural surface of the ground or the surface of the ground
after completion of any change in contour.
A lot with a developable area connected to a public road
by a narrow strip of land that includes a driveway or a landlocked
lot that is connected to a public road only by a narrow right-of-way
easement.
The line painted on a highway, usually bright white, which
separates the travel lane from the shoulder.[4]
[Added 8-24-2009 by L.L. No. 2-2009]
That part or side of a structure which most closely parallels
the frontage of the lot on which it is located or to which it relates.
On a corner lot fronting two streets, the front is considered to be
on the street of the legal address.
That portion of any lot which bounds a street, as measured
along the property line which is coincidental with such street right-of-way
or center line, or on a corner lot, in which case frontage is along
both streets.
A type of general commercial use including any area of land,
structures thereon, or any building or part thereof that is used for
the retail sale of motor fuel. A gas station may or may not include
a convenience store as an accessory use.
[Amended 3-9-2015 by L.L. No. 2-2015]
A location along a street where one enters or leaves a Neighborhood,
Hamlet, Business area or the Town of Hyde Park, as identified in the
Comprehensive Plan.
A zoning district including all the land in the Town east of the center line of U.S. Route 9, outside the Hamlets, Neighborhoods and Business Districts. (See § 108-3.1.1.)
The vertical extent or distance from the average elevation
of the proposed finished grade around the perimeter, measured every
10 feet, of any structure other than a building being measured to
the highest point of such structure. (See "building height.")
For a building, the relationship between the height and the
width of the building. For example, a building 20 feet high and 40
feet wide would have a height-to-width ratio of 1:2. For a street,
the relationship between the height of a building facing the street
and the width of the corridor. For example, a twenty-foot building
facing an eighty-foot corridor (from building face to building face)
would have a height-to-width ratio of 1:4.
Any historic or prehistoric building, structure, facility,
site or district listed on the State and/or National Registers of
Historic Places, as well as any locally significant historic resource
designated pursuant to Article 5-K of the General Municipal Law.
A nonresidential use that is secondary and clearly subordinate
to an existing residential use, conducted within a dwelling unit or
an accessory structure, by a permanent resident of that dwelling unit.
Such use shall not change the residential character of the dwelling
unit or the vicinity.
[Amended 8-24-2009 by L.L. No. 2-2009]
An organization of resident homeowners in a particular development.
The major purpose of the HOA is to preserve, maintain and provide
community areas, facilities and services for the common enjoyment
of the residents.
Inpatient services of a psychiatric center under the jurisdiction
of the New York Office of Mental Health or other psychiatric inpatient
facility psychiatric center, institute, clinic, ward, institution
or similar facility as defined in § 1.03 of the New York
State Mental Hygiene Law.
[Added 10-5-2020 by L.L.
No. 1-2020]
As per Article 28 of the New York State Public Health Law,
a health care facility engaged in providing medical or medical and
surgical services primarily to inpatients by or under the supervision
of a physician on a twenty-four-hour basis with provisions for admission
or treatment of persons in need of emergency care and with an organized
medical staff and nursing service, including facilities providing
services relating to particular diseases, injuries, conditions or
deformities. The term "general hospital" shall not include a residential
health care facility, psychiatric hospital, public health center,
diagnostic center, treatment center, outpatient lodge, dispensary
and/or laboratory or central service facility serving more than one
institution.
[Added 10-5-2020 by L.L.
No. 1-2020]
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part,
as set forth in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands, dated January 1989, prepared by the federal
government and as updated from time to time, a copy of which is on
file with the Town Clerk for reference.
[Added 8-24-2009 by L.L. No. 2-2009]
Those plants that are dependent upon seasonal or permanent
flooding or sufficiently waterlogged soils to give them a competitive
advantage over other species. These plants may belong to any of the
following vegetative types: wetland trees, wetland shrubs, submerged
vegetation, rooted floating-leaved vegetation, free-floating vegetation,
wet meadow vegetation and bog mat vegetation.
[Added 8-24-2009 by L.L. No. 2-2009]
Any ground area through which water does not readily penetrate
because a covering has been imposed upon it. Such coverings include
but are not limited to roofed structures, compacted soil, and pavement
consisting of concrete, macadam, oil and stone, tar, or asphalt.
The amount of traffic generated by a use or structure, expressed
as the number of daily vehicle trips associated with the use or structure.
A facility for keeping five or more dogs over the age of
five months, including a facility for animal rescue, such as, but
not limited to, the Dutchess County Society for the Prevention of
Cruelty to Animals. The term "kennel" includes a veterinary office
only if it has outdoor facilities for boarding or exercising five
or more dogs over the age of five months.
[Amended 8-24-2009 by L.L. No. 2-2009]
The earth or ground within the Town of Hyde Park, including
surface water bodies overlying such earth or ground.
A zoning district constituting a mixed-use center bordered
by the Waterfront District providing for the water-dependent or water-enhanced
needs of the region, the boundaries of which are located on the Town
Zoning Map.[7]
Open space features which include but are not necessarily
limited to the following existing and cultivated elements arranged
to produce an ornamental or otherwise desired effect: turf, meadow,
rocks, watercourses or water bodies, trees, shrubs, flowers, walls,
berms, swales, lanes, paths and other similar natural and man-made
elements and forms.
An individual licensed by the Education Department of the
State of New York to perform engineering, architectural, surveying,
or landscaping services.
The limited use of land or structures to manufacture or process
products. This includes making, altering, assembling, bottling, canning,
finishing, handling, mixing, packaging, repairing, cleaning, laundering
and similar operations. All such activities must be carried out within
a completely enclosed building without the emission of dust, fumes,
smoke, noise or vibration. Also, they must be defined as low hazard
or no hazard by the State Building Code. Finally, they must be compatible
with other uses in the district.
Any hotel, motel, inn or other establishment providing sleeping
accommodations for transient paying guests. Such an establishment
may, but need not, have a dining room or restaurant. Bed-and-breakfast
establishments are excluded from this definition.
The selective cutting and sale of standing timber from parcels
of 10 acres or more. Clear cutting of said parcels is prohibited.
A parcel of land separated from other parcels of land for
purposes of sale, lease or separate use. Such separation may be described
on a subdivision plat, indicated on a recorded map or deed, specified
by metes and bounds, or created as the result of a public street or
railroad right-of-way.
The total horizontal area included within lot boundaries.
A lot of which at least two adjacent sides each abut on streets
or public places for a total distance of at least 50 feet.
One of the property lines that establish the metes and bounds
of a lot.
See "nonconforming lot."
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of more than five lots or any size
subdivision requiring any new street or extension of municipal facilities.
A structure, transportable in one or more sections, which,
in traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, when erected on site, is 320 or more square
feet, and which is built in compliance with federal regulations, or
built prior to January 15, 1976, and which is built on a permanent
chassis and designed to be used as a dwelling unit with or without
a permanent foundation when connected to the required utilities, and
includes plumbing, heating, ventilating and electrical systems contained
therein. The term "manufactured home" does not include a modular home.
Any plot of land containing a minimum of 10 acres upon which
a minimum of 20 manufactured homes can be located and used as one-family
dwellings.
A currently licensed manufactured home park which:
Premises devoted exclusively to use by an organization's
members and their guests for social, recreational, and/or athletic
purposes, not conducted primarily for gain, and not including any
vending stands, merchandising or commercial activities, except incidentally
for the convenience of the membership.
Use of land for the purpose of extracting and selling stone, sand, gravel, or other minerals, as defined in § 23-2705 of the Environmental Conservation Law, not including the process of preparing land for construction of a structure for which a zoning permit and building permit have been issued. Mining is subject to regulations under Chapter 92 of this Code.
Any subdivision containing not more than five lots, each
fronting on an existing street, not involving any new street or road
(excepting a shared driveway), whether intended to be public or private,
or the extension of Town facilities and not adversely affecting the
development of the remainder of the parcel of adjoining property and
not in conflict with any provision or portion of the Comprehensive
Plan, Official Map, or this chapter.
A combination of residential and nonresidential uses on the
same lot, in the same building or in the same district.
A dwelling unit constructed on site in accordance with New
York State Building Code and municipal codes and composed of components
substantially assembled in a manufacturing plant and transported to
a building site for final assembly on a permanent foundation.
See "vehicle, motor."
A building or structure providing three or more dwelling
units. Nothing herein shall be construed to allow supervised or supportive
living facilities as those terms are defined in § 1.03 of
the New York State Mental Hygiene Law under this definition.
[Amended 10-5-2020 by L.L. No. 1-2020]
Buildings, structures, and uses owned and operated by the
Town, county, state or federal government, not including civic facilities.
A zoning district constituting a community that may have
a mixed-use core, the boundaries of which are located on the Town
Zoning Map.[8]
A zoning district located at one of several points along
the state roads, the boundaries of which are located on the Town Zoning
Map.[9]
A lot of record that does not comply with the area, shape,
frontage, or location provisions of this chapter for the district
in which it is located, but which was conforming at the time it was
created.
Any structure lawfully existing at the effective date of
this chapter or any amendment thereto which does not comply with the
requirements of this chapter solely by virtue of said enactment or
amendment.
[Amended 8-27-2007 by L.L. No. 10-2007; 10-29-2007 by L.L. No.
12-2007; 8-24-2009 by L.L. No. 2-2009]
Any use lawfully existing at the effective date of this chapter
or any amendment thereto which does not comply with the requirements
of this chapter solely by virtue of said enactment or amendment.
[Amended 8-24-2009 by L.L. No. 2-2009]
A use providing care and instruction for two or more children
less than six years of age and not otherwise qualifying as a day-care
center. The term shall include a day nursery.
The Official Compilation of the Codes, Rules and Regulations
of the State of New York.
The map, if any, established by the Town Board pursuant to
§ 270 of the Town Law, showing streets, highways, parks
and drainage, both existing and proposed.
The newspaper or newspapers designated by the Town Board
for the publication of official notices of meetings and public hearings.
The use of a building or structure to provide one dwelling
unit.
Land left in a natural state for conservation and agricultural
purposes or land landscaped for scenic purposes, devoted to active
or passive recreation, or devoted to the preservation of distinctive
architectural, historic, geologic or botanic sites. The term shall
not include land that is paved, used for the storage, parking or circulation
of automobiles, or occupied by any structure. Preserved open space
may be included as a portion of one or more large lots, or may be
contained in a separate open space lot. The required open space land
may not include private yards within 50 feet of a permitted structure,
other than an accessory structure.
[Amended 8-24-2009 by L.L. No. 2-2009]
The unenclosed storage of any materials or goods on a lot.
[Added 3-9-2015 by L.L. No. 2-2015]
A zoning district covering specific geographic areas of concern
that is applied to portions of one or more zoning districts, indicating
regulations in addition to those of the underlying zoning district.
A circumscribed area of land identified by a unique Tax Map
identification number consisting of a section, map and lot number.
An off-street area located on a lot or portion of a lot used
for the parking of vehicles accessory to a principal use on the same
lot.
[Added 3-9-2015 by L.L. No. 2-2015]
An off-street area suitable for parking one automobile, which
for the purposes of this chapter is a space at least nine feet wide
and 18 feet long, and, in addition, sufficient other areas for ingress,
egress, maneuvering and having direct usable access to a street.
The standing of a motor vehicle, whether occupied or not,
otherwise than temporarily for the purpose of, and while actually
engaged in, loading or unloading merchandise or passengers.
[Added 12-22-2014 by L.L. No. 5-2014]
An individual, firm, trust, partnership, association, corporation,
limited-liability company or other legal entity.
Dogs, cats and similar small animals typically kept in a
household. The term does not include chickens, pigs, goats, sheep,
cows, deer, horses, mules, donkeys, llamas, alpacas, livestock and
other animals typically associated with farming and animal husbandry.
[Amended 8-24-2009 by L.L. No. 2-2009]
An overlay district for the mixed-use development of land
that is under unified control and is planned and developed as a whole
in a single development operation or programmed series of development
stages The development may include streets, circulation ways, utilities,
buildings, open spaces, and other site features and improvements,
uses and structures that exceed the permitted density and scale (where
applicable) of use in the district, as well as uses not otherwise
allowed by the underlying zoning.
A facility, the principal business of which is selling plants.[10]
Professional offices in which medical care is provided to
persons solely on an outpatient basis by one or more members of the
medical professions, including chiropractors, dentists, doctors, osteopaths,
podiatrists, therapists, or other licensed medical service providers.
Professional medical offices may, subject to any applicable state
and/or federal regulatory requirements, also include, but are not
limited to, medical testing labs or offices, offices for x-ray, sonograms,
MRI, CAT scans and other medical imaging services, offices for the
administration of nuclear medicine, radiation therapy, infusion, dialysis
and similar medical treatments, offices for outpatient surgical and
nonsurgical procedures. "Professional medical offices" shall not mean
general hospital, psychiatric hospital or facility, nursing home,
residential health care facility, developmental disability school,
community residence, or any other inpatient medical or psychiatric
facility.
[Added 10-5-2020 by L.L.
No. 1-2020]
An installation used by a public agency or franchised public utility to supply or transmit electric, gas, water, cable television, telephone, or other utility service; included are such facilities as electric substations, high-voltage transmission lines, pump stations, water supply wells, water towers, and telephone substations. Utility distribution facilities serving customers directly are considered customary accessory structures, not public utility facilities. Telecommunications towers and facilities are also regulated under Chapter 101 of this Code.
[Amended 8-24-2009 by L.L. No. 2-2009]
See "planned unit development."
A commercial use designed and equipped principally for the
conduct of sports and leisure time activities. Video parlors, computer
gaming facilities, movie theaters, and bars, as principal uses, are
not commercial recreation uses.
[Amended 10-5-2020 by L.L. No. 2-2020]
Commercial recreation is further separated into two categories
as follows:
Indoor: recreational activities conducted entirely within a
building, including team or individual sports and related health and
exercise facilities operated on a commercial or fee basis. An indoor
recreational business shall also include, but is not limited to, a
gymnasium, fitness center, bowling alley, skating rink; tennis and
other racquet courts, field house, indoor track, indoor basketball,
and indoor pool house. An indoor recreation use may include accessory
uses, such as food service facilities, meeting rooms, serving of alcoholic
beverages, video or computer game facilities, video theater facilities,
sale of sport or exercise-related equipment or clothing and customary
accessory uses clearly incidental to the recreation activity.
Outdoor: recreational activities including, but not limited
to, ball fields, playing fields, batting cages, golf courses and driving
ranges, tennis, racquet courts, swimming, bike trails, hiking and
similar outdoor activities conducted on a commercial or fee basis.
An outdoor recreational use may also include customary accessory uses
and buildings, such as a clubhouse, food stand, offices, and other
uses accessory and incidental to the outdoor commercial use. Outdoor
recreation shall not include racetracks; go-cart, motorcycle, remote
controlled aircraft, ATV tracks or any other outdoor use involving
motorized vehicles or equipment; gun clubs; and shooting preserves.
Commercial recreation uses, whether indoor or outdoor, shall not include "membership clubs" as that term is defined in § 108-2.2 of the Zoning Code.
The use of a place, structure, area or other facility for
assembly for religious purposes such as the worship of a deity or
deities.
A residence for three or more infirm children, adolescents
or adults who require personal care, supervision and services, where
compensation and/or reimbursement of costs is paid to an operator
pursuant to state and/or federal standards, licensing requirements,
or programs funding such services. A residential care facility shall
also include a nursing home and assisted living facility. A residential
care facility shall not be interpreted to allow multiple dwellings
under this definition.
[Amended 10-5-2020 by L.L. No. 1-2020]
A change of an approved or recorded subdivision plat if such
change affects any street layout shown on such plat, any area reserved
thereon for public use, any lot line, or any map or plan legally recorded
prior to the adoption of any regulations controlling subdivisions.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
A seasonal structure, not to exceed 150 square feet, used
for the display and storage of agricultural produce or agricultural
products for sale to the general public.
The accessory use of land or preexisting buildings or structures
in the Greenbelt or Waterfront Districts for gatherings and events
where compensation is paid to the property owner for said use, such
as, but not limited to, weddings, parties, fund-raisers conferences,
and other similar events, but not including events such as races,
concerts, and haunted houses. This definition is not applicable in
any other zoning district.
[Added 11-28-2016 by L.L.
No. 10-2016; amended 11-15-2021 by L.L. No. 10-2021]
A zoning district located on the west side of Route 9 in
the southern part of the Town, the boundaries of which are shown on
the Zoning Map.[11]
The size of a use or structure, expressed in gross square
feet, including the total area occupied by the use or structure, including
all floors of the structure, and including all parking stalls required
for such use or structure, but not including the remaining area of
the parking lot or driveways. Scale limits do not apply to one- and
two-family residential uses, animal husbandry, or agricultural use.
[Amended 8-24-2009 by L.L. No. 2-2009]
Any street designated pursuant to Article 49 of the Environmental
Conservation Law, and any area designated a scenic area of statewide
significance pursuant to New York State's Coastal Management Program.
The use of more than 100 square feet of land or structures for more than 30 days for the dismantling or accumulation of used and discarded materials outside of a completely enclosed building. The term does not include a refuse disposal site as defined in Chapter 66.
A type of general commercial use consisting of a building
or buildings containing individual, self-contained storage units that
are leased or owned and used for the storage of business or household
goods.
[Added 3-9-2015 by L.L. No. 2-2015]
A multiple-dwelling use for senior citizens, intended primarily
for persons who are in good physical condition and do not require
physical assistance.
The required minimum distance from the property line to the
nearest part of the structure measured at right angles to the property
line.
The State Environmental Quality Review Act, Article 8 of
the Environmental Conservation Law, as amended from time to time.
A temporary or permanent accessory structure for storage
or animal husbandry, not to exceed 140 square feet of floor space
and 10 feet in height. The term "shed" does not include a shipping
container or truck body.
[Amended 8-24-2009 by L.L. No. 2-2009]
A grouping of three or more retail stores, offices or other
nonresidential uses which share adjacent off-street parking facilities.
[Amended 8-24-2009 by L.L. No. 2-2009]
A structure or assembly of materials used to convey information,
such as a name, direction, warning, or advertisement, that is prominently
displayed for public view and that consists of letters or symbols
formed, inscribed or mounted on wood, metal, masonry or any other
material. The term "sign" shall be limited to those signs that are
visible from a street, parking lot or walkway, whether displayed indoors
or outdoors.
[Amended 8-24-2009 by L.L. No. 2-2009]
The entire area within a single continuous perimeter enclosing
the extreme limits of lettering, representations, emblems or other
figures, together with any material or color forming an integral part
of the display or used to differentiate the sign from the background
against which it is placed. Structural members bearing no sign copy
shall not be included. Where a sign consists solely of individual
letters or symbols directly fastened to or painted on the surface
of a structure and there is no defined border or frame, the area shall
be deemed to be that of the smallest geometric shape that encompasses
all such letters or symbols. The total sign area shall be the sum
of the areas of all sign faces provided by any particular structure
other than a building. In the case of a building, each sign face shall
be deemed to be a separate sign area.
[Amended 8-24-2009 by L.L. No. 2-2009]
The plane or curved two-dimensional surface of a sign upon
which the means of communicating information are installed. Each distinguishable
surface of a structure that contains such means shall constitute a
separate sign face.
The total contiguous land of any owner, including a lot,
a portion of a lot, or multiple lots, on which a use or physical improvements
related thereto is, has been, or is to be located.
One or more drawings, made to scale, describing the location,
extent and construction of proposed physical improvements to land
and the location and extent of any existing physical improvements,
prepared to specifications and containing necessary elements as set
forth in this chapter showing the arrangement, layout and design of
the proposed uses of a single lot as shown therein.
A permit issued by the Planning Board pursuant to Article
8 for a particular land use that is permitted in this chapter, subject
to requirements imposed by this chapter.
See "roadside stand."
See "building code, state."
An existing stone wall built along Route 9, Route 9G, or
in Staatsburg before 1950 to separate the lot from the roadway. An
historic roadside stone wall is considered to exist if 25% or more
of the original height of the wall remains.
The keeping of a motor vehicle on a lot for a time period
longer than the parking of a motor vehicle on a lot. For purposes
of this definition, parking of a motor vehicle on a lot for a time
period longer than 48 hours shall be deemed to be storage of a motor
vehicle.
[Added 12-22-2014 by L.L. No. 5-2014]
That portion of a building between one floor and the next
higher floor, or, in the case of the top story, between the floor
and the roof.
Any watercourse having a DEC classification of AA, A, B,
C or D.
The bed of a stream and the land within 100 feet of the mean
high water level on either side of the stream.
[Amended 8-24-2009 by L.L. No. 2-2009]
A public route or public road for vehicular traffic, whether
designated as a street, lane, road, highway, parkway, avenue, boulevard,
place, drive, throughway, thruway, expressway, or however else designated.
The term "street" shall not include a driveway, a shared driveway,
alley or alleyway, a waterway or a trail, but shall include any other
improved vehicular route shown on a map filed with the Dutchess County
Clerk or the Town Zoning Map.[12] The term "street" includes the land between the street
right-of-way lines and may comprise pavement, shoulders, gutters,
sidewalks, planted strips, parking areas and other areas within the
street lines.
A street which carries traffic from minor streets or abutting
properties to the major system of arterial streets and which is so
designated on the Town's Official Map, if any. Such streets shall
be the principal entrance and circulation streets within a development.
The full width of a publicly maintained traveled way, whether
acquired through dedication or by use. It may include pavement, shoulders,
ditches or gutters, culverts or sluiceways. It may be defined in metes
and bounds and be filed with the proper authorities, or it may have
been used and maintained by the public for a period of 10 years or
more.
A static assembly of materials, forming a construction framed
of component structural parts for occupancy or use, such as a building,
vending machine, dam, display stand, gasoline pump, installed manufactured
home or trailer, reviewing stand, shed, sign, stadium, storage bin,
fence or wall.
See "accessory structure."
[Amended 8-24-2009 by L.L. No. 2-2009]
See "nonconforming structure."
The division of any parcel into two or more lots, with or
without streets, for the purpose of sale, lease, transfer of ownership
or development.
See "major subdivision."
See "minor subdivision."
A subdivision plat where 20% or more of the lots within the
plat are unimproved.
A portion of a craft brewery, distillery, winery or food
manufacturing facility that allows customers to taste samples of beer,
cider, alcoholic spirits, vinous beverages or edible goods manufactured
on the premises. A tasting room may include the sale of such products
in addition to related items, marketing events and/or entertainment.
[Added 9-18-2017 by L.L.
No. 2-2017]
Any structure or structures owned or operated for commercial purposes which are designed for and capable of receiving and/or transmitting electromagnetic signals for the purpose of communication. Such towers and facilities are subject to regulation under Chapter 101 of this Code.
The use of a tent or other similar type of structure for
the temporary or permanent outdoor storage of equipment or materials.
A flat, level and/or raised area of land that is improved
or landscaped for use as a walkway or a patio.[13]
Commercial logging activity proposing harvesting of more than 50 standard cords of wood or 50,000 board feet of timber as measured by the international 1/4-inch log rule in any one year. Timber harvesting operations are regulated by Chapter 102 of the Town Code.
[Added 1-25-2021 by L.L. No. 1-2021]
A core zoning district that encompasses properties located
generally on either side of Albany Post Road and south of the Crossroads
Core Zoning District. The TC District includes properties at the intersection
of Albany Post Road and Pine Woods Road, the boundaries of which are
shown on the Town Zoning Map, and development shall be in accordance
with the Town Core Design and Development Standards.[14]
[Added 10-5-2020 by L.L.
No. 1-2020]
One of a group of two or more attached dwelling units, on
separate parcels, divided from each other by party walls and each
having separate entrances from the outside.
A vehicle dependent on a separate mechanical or animate means
for movement, including wagons, carts and similar devices.
A trailer used for camping, extended excursions or recreational
purposes only, with or without electric, heating, cooking or sanitary
facilities capable of temporary connection to site utilities.
A trailer having integral panel systems enclosing three or
more sides and the top, primarily used for transportation of material,
equipment, produce, or animals. A commercial trailer shall be deemed
to be a building when placed on any lot for the purpose of storing
rather than transporting.
A commercial trailer used in connection with construction
projects, for the purposes of office, machine shop, or storage. A
construction trailer shall be deemed to be a building when used in
a stationary manner on a construction site. A construction trailer
may have electric and heating capable of temporary connection to site
utilities.
A trailer without an integral top panel system and with or
without integral side panel systems, including trailers of all types
not otherwise specifically defined herein.
A horizontal line across the front of a building expressed
by a change of material or by a limited projection such as a cornice
or balcony, dividing the facade to permit shop fronts and signage
to change over time without destroying the overall composition of
the facade.
A traveled route used for the movement of vehicles, goods,
or people, including the Hudson River.
The number of vehicle trips generated by land use type. Mean
trip generation rates and units as published in the Institute of Transportation
Engineers (ITE) Trip Generation Report, current edition, or similar
standards shall be used in these determinations.
The use of a building to provide two dwelling units.
The specific purpose for which land or a structure is designed,
arranged, intended or for which such land or structure is or may be
occupied, employed or maintained.[15]
See "mixed use."
See "nonconforming use."[16]
A use that does not involve an irreversible, or nearly irreversible,
commitment of land and which is conducted for a period of time not
exceeding four months.
Any motor vehicle, other than a new car, that is intact,
with battery in an operating condition and capable of passing state
inspection for road use.
Any person or persons engaged in the business of selling
and/or buying and storing used cars.
A parcel upon which one or more used motor vehicles are offered for sale or consignment or lease exceeding the limits for vehicle for sale permits as per § 108-30.6B(4).
An authorization by the Zoning Board of Appeals for the use
of land in a manner which is not allowed by the dimensional or physical
requirements of this chapter.
An authorization by the Zoning Board of Appeals for the use
of land for a use which is otherwise not allowed or is prohibited
by this chapter, provided that the term does not include a PUD.
A self-propelled, land-operated vehicle, including, without
limitation, an automobile, car, truck, motorcycle, ATV, off-road vehicle,
recreational vehicle, or other vehicle.[17]
A motor vehicle not requiring streets for operation, including
trail bikes, ATVs, snowmobiles, golf carts and similar vehicles.
A motor vehicle, licensed by the State of New York for operation
on streets, containing electric, heating, sanitary, and/or cooking
facilities, intended for use with site-provided utility connections,
used for camping, extended excursions or recreational purposes only,
commonly referred to as an "RV" or "motor home."
A craft or device for traveling on water larger than a punt
and including a boat or ship.
The amount of three-dimensional space that a structure envelopes
as measured in cubic units, as defined by the exterior surfaces of
such structure and the plane established by the average finish grade
along the foundation of such structure plus any basement or cellar
space below such plane as defined by the surface of those walls and
floors in contact with the ground.
A component of a transportation corridor intended for the
travel of persons by foot, wheelchair or manually operated device.
Any visible path through which surface water travels on a
regular basis, including a stream or river. A drainage ditch, swale,
or surface feature that contains water only during and immediately
after a rainstorm or a snow melt shall not be considered to be a watercourse.
A use requiring a location abutting the Hudson River, limited
to the following:
A use that depends on the utilization of resources found in
the River;
A recreational activity which depends on access to the River;
A use providing for the transfer of goods to and from the River;
A structure needed for navigational purposes or flood and erosion
protection;
A use providing mooring, docking, storage, service or maintenance
of boats;
An education use which, by its nature, requires access to the
River; or
An accessory structure necessary for the successful functioning
of a permitted water-dependent use, provided that such accessory structure
is located inland from such water-dependent use rather than on the
shore.
[Amended 8-24-2009 by L.L. No. 2-2009]
A use that does not have critical dependence on a location
on the shore of the Hudson River, but whose profitability and/or level
of enjoyment by those using the facility would be increased significantly
if the use were adjacent to or had visual access to the river. All
one-family and two-family residential uses, restaurants and tourist
facilities are considered water-enhanced uses.
A zoning district including all the land in the Town west
of the center line of U.S. Route 9, outside the CIAN, Landings, Hamlet,
Neighborhood and Business Districts, the boundaries of which are located
on the Town Zoning Map.[18]
A path, route or course that may be lawfully used to travel
from one place to another.
Any area possessing three essential characteristics: hydrophytic
vegetation, hydric soils and wetland hydrology, all of which must
be present in an area to be considered a wetland. The criteria to
determine the presence of hydrophytic vegetation, hydric soils and
hydrological indicators shall be those set forth in the Federal Manual
for Identifying and Delineating Jurisdictional Wetlands, dated January
1989, a copy of which is on file in the office of the Town Clerk for
reference. Wetlands shall include all portions of DEC-regulated wetlands,
all portions of ACOE-regulated wetlands, and all portions of wetlands
not regulated by either DEC or ACOE.
[Amended 8-24-2009 by L.L. No. 2-2009]
An establishment which is primarily used for the manufacture
of vinous beverages for on-site distribution and/or on-site consumption
in accordance with New York State Liquor Authority, Department of
Health and other applicable agency regulations.
[Added 9-18-2017 by L.L.
No. 2-2017]
An area free of buildings on the same lot with a building
or group of buildings, which area lies between the building or group
of buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except as may be specifically authorized in
this chapter. In measuring a yard, as hereinafter provided, the line
of a building shall be deemed to mean a line parallel to the nearest
lot line, drawn from a point of a building or the point of a group
of buildings nearest to such lot line, and the measurement shall be
taken at right angles from the line of the building, as defined herein,
to the nearest lot line.
A yard extending across the full width of the lot and lying
between the front lot line and the nearest line of the building. If
the plot abuts a state highway, the front yard will be on the side
abutting the state highway.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and the nearest line
of a building and extending from the front yard to the rear yard,
or, in the absence of either of such yards, extending from the front
lot line to the rear lot line, as the case may be.
The Town official charged with the administration and enforcement
of this chapter.
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
[2]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
[3]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[4]
Editor's Note: The former definition of "forestry use," added 3-28-2011 by L.L. No.
2-2011, which immediately followed this definition,
was repealed 1-25-2021 by L.L. No. 1-2021.
[5]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[6]
Editor's Note: The definition of "health-care facility," which
immediately followed, was repealed 10-5-2020 by L.L. No. 1-2020.
[7]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[8]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[9]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[10]
Editor's Note: The definition of “principal use or structure,”
which immediately followed this definition, was repealed 8-24-2009
by L.L. No. 2-2009.
[11]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
[12]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
[13]
Editor's Note: The definition of "Town Center Historic District
(TCHD), as amended 3-9-2015 by L.L. No. 2-2015, which immediately
followed, was repealed 10-5-2020 by L.L. No. 1-2020.
[14]
Editor's Note: The Town Core Design and Development Standards are included as an attachment to this chapter.
[15]
Editor's Note: The definition of “use, accessory,”
which immediately followed this definition, was repealed 8-24-2009
by L.L. No. 2-2009.
[16]
Editor's Note: The definition of “use, principal,”
which immediately followed this definition, was repealed 8-24-2009
by L.L. No. 2-2009.
[17]
Editor's Note: The definition of “vehicle, nonmotorized,”
which immediately followed this definition, was repealed 8-24-2009
by L.L. No. 2-2009.
[18]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[19]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[Amended 7-28-2008 by L.L. No. 3-2008; 3-9-2015 by L.L. No.
2-2015; 10-5-2020 by L.L. No. 1-2020]
The Town of Hyde Park is hereby divided into the following districts:
|
Greenbelt District
|
GB
| |
|
Waterfront District
|
WF
| |
|
Neighborhood District
|
N
| |
|
Hamlet District
|
H
| |
|
East Park Business District
|
EPBD
| |
|
Corridor Business District
|
CB
| |
|
Neighborhood Business District
|
NBD
| |
|
St. Andrews District
|
SAD
| |
|
Landing District
|
L
| |
|
Bellefield Planned Development District
|
BPDD
| |
|
Core Districts:
| ||
|
Neighborhood Core
|
NC
| |
|
Hamlet Core
|
HC
| |
|
Crossroads Core
|
CC
| |
|
Town Core
|
TC
| |
A.
Greenbelt District (GB). The Greenbelt District includes all the
land in the Town east of the center line of U.S. Route 9 outside the
Hamlet, Neighborhood, and Business Districts.
(1)
Purpose. The purpose of the Greenbelt District is to provide
for low-density residential uses while retaining the open space quality
of the land, to preserve and expand agricultural operations in the
Town, to protect historic resources, to protect streams, wetlands
and other natural resources, and to integrate natural resources into
existing parklands. Large-scale development in the Greenbelt is discouraged.
(2)
Existing character. The Greenbelt is defined by topographical
and soil features, including rock outcrops, terraces, and wetness,
that severely limit development and give it a rural character. Major
north-south ridges and valleys segregate the district and impede east-west
transportation. The district contains residential parcels of varying
sizes as well as large undeveloped lots, including the majority of
lands in Agricultural District 20 and public lands such as schools,
historic sites and public parks.
B.
Waterfront District (WF). The Waterfront District includes all the
land in the Town west of the center line of U.S. Route 9 outside the
Landing, Hamlet, Neighborhood, Business and the St. Andrews Districts.
(1)
Purpose. The purpose of the Waterfront District is to provide
for water-dependent and water-enhanced land uses, including agriculture,
recreation and tourism, and to provide for low-density residential
uses, while retaining the district's open space quality. The district
is also intended to preserve the open character and manorial quality
of lands along the Hudson River corridor and to protect scenic and
environmentally sensitive areas.
(2)
Existing character. The district is dominated by steep bluffs
to the west that limit access to the Hudson River and constrain development.
The Hudson River shoreline, the railway and several significant ecological
areas further impede infrastructure development. The district contains
sensitive riverine habitats and tidal wetlands, designated historic
sites, international tourist destinations, and designated scenic areas
of statewide significance. The district encompasses those lands where
settlement initially occurred and that continue to define the character
of Hyde Park. The district is marked by residential parcels of varying
sizes, large federal, state and educational holdings, punctuated by
five Hudson-River-oriented commercial areas and interspersed with
modest residential uses.
C.
Neighborhood District (N). The Neighborhood Districts are located
throughout the Town and permit a higher density, scale and intensity
of development than the surrounding district.
(1)
Purpose. The purpose of the Neighborhood Districts is to reinforce
the historic pattern of limited mixed-use development in these districts
of the Town. Neighborhood Districts are the basic building blocks
from which Hamlets may evolve. Neighborhood Districts are intended
to provide for a variety of housing opportunities and local services,
including pedestrian safety measures to support that housing. Neighborhoods
extend up to 1/2 mile from a Neighborhood Core to ensure that central
areas are within a walkable distances. The Neighborhood Districts
have minimum to moderate constraints on development that can support
greater density and are suitable for expansion and infill.
(2)
Existing character. Each Neighborhood District encompasses one
or more existing residential developments having densities that range
from more than two dwelling units per acre to one dwelling unit per
acre and an occasional existing nonresidential use or high-density
residential use. Existing streets provide vehicular ways but no walkways.
Some Neighborhood Districts are served by some infrastructure, generally
limited to either a community water supply or a community sanitary
sewer facility. Stormwater management facilities, including storm
sewers, are minimal. One Neighborhood District is served by both a
community water supply and sanitary sewer system.
D.
Hamlet District (H). The Hamlet Districts permit a higher density,
scale and intensity of development than the surrounding district.
(1)
Purpose. The purpose of the Hamlet Districts is to reinforce
historic patterns of limited mixed-use development in these areas
of the Town, with higher levels of infrastructure and higher density,
scale and intensity of use than in the Neighborhood Districts. These
Districts are intended to provide for a variety of housing opportunities
and local services to support that housing, and the residents of districts
adjacent to the Hamlets as well.
(2)
Existing character. A Hamlet encompasses an existing residential
development which has a density of two or more dwelling units per
acre and some existing nonresidential uses. Vehicular access to a
Hamlet exists in the form of local, county and state roads providing
circulation to other areas of the Town. Separate pedestrian circulation
is minimal to nonexistent.
E.
East Park Business Districts (EPBD). The East Park Business Districts
are located along Route 9G, and permit a higher density, scale and
intensity of development than the surrounding districts.
(1)
Purpose. The purpose of the East Park Business Districts is
to reinforce the historic pattern of limited mixed-use development
in this area of the Town, to encourage further mixed-use development
appropriate to the area, to create a pedestrian-friendly atmosphere,
and to provide the necessary infrastructure for future development.
The East Park Business Districts are intended to provide varied housing
opportunities for Town residents, supported by local and Town-wide
services.
(2)
Existing character. The East Park Business Districts include
those areas that pose minimum environmental constraints to development.
The districts encompass existing concentrations of residential and
nonresidential uses.
F.
Corridor Business District (CB). The Corridor Business District is
located along New York State Route 9 and encompasses properties located
south of the TC Zoning District. This zone permits a high-density
scale and intensity of commercial and residential development.
[Amended 3-9-2015 by L.L. No. 2-2015; 10-5-2020 by L.L. No. 1-2020]
(1)
Purpose. The purpose of the Corridor Business District is to
permit a mix of uses, including diversified tourism-dependent nonresidential
uses that meet tourist needs in areas convenient to major points of
interest, including the existing national park/historical sites, and
to serve the local shopping, commercial and residential needs of Hyde
Park residents in a mixed used environment. This mix of residential
and commercial uses will serve to create a more vibrant center with
a diversified economy consistent with the needs of a 21st century
community.
(2)
Existing character. The district includes those existing commercial
areas that pose minimum physical and environmental constraints to
development. The district encompasses existing concentrations of nonresidential
uses as well as several important national historic sites.
G.
Neighborhood Business District (NBD). The Neighborhood Business Districts
are located throughout the Town, and permit a higher density, scale
and intensity of development than is permitted in the surrounding
district.
(1)
Purpose. The Neighborhood Business Districts are intended to
serve as accessories to the Town's residential neighborhoods. They
are intended to promote and accommodate a mix of commercial, residential
and other uses, all within a short distance of existing neighborhoods.
In addition to other uses permitted throughout the Greenbelt, Waterfront,
Neighborhood and Hamlet Districts, the Neighborhood Business Districts
permit business retail and lower-impacting neighborhood-scale nonresidential
uses. They also provide for assembly uses such as dining, entertaining,
and social functions.
(2)
Existing character. The Neighborhood Business Districts include
those existing smaller-scale nonresidential areas that pose minimum
physical and environmental constraints to development and that have
already developed in the outlying crossroads areas of Town. The districts
encompass several existing concentrations of neighborhood-scale nonresidential
uses which have served adjoining residential neighborhoods. The Neighborhood
Business Districts are adequately served by a mix of local, county
and state roadways. Limited public utility infrastructure exists in
some of the Neighborhood Business Districts.
H.
St. Andrews District (SAD). The St. Andrews District is located in
the southern part of the Town along the west side of NYS Route 9 and
permits a higher density, scale and intensity of development specifically
related to educational uses.
(1)
Purpose. The intent of the St. Andrews District is to recognize
the special circumstances of educational institutions and to accommodate
the orderly growth of an educational campus in a manner that both
promotes the educational objectives of the institution and preserves
the presence of an educational campus as presently existing and as
projected in its conceptual Campus Master Plan. The Culinary Institute
has an international reputation and draws students and visitors from
all over the world. The district regulations shall also facilitate
visits to the campus and the Town.
[Amended 4-11-2011 by L.L. No. 3-2011]
(2)
Existing character. The Culinary Institute of America occupies
the lands associated with the St. Andrews District as currently defined.
The campus area is used primarily for an educational institution that
serves a local, regional, national and international student body.
The campus maintains several large buildings used for educational
purposes as well as student housing. By the nature of the district's
location, it also serves as a primary gateway to southern Hyde Park.
I.
Landing District (L). The Landing Districts are located on the Hudson
River, and permit a higher density, scale and intensity of development
than the surrounding district for water-dependent and water-enhanced
nonresidential uses.
(1)
Purpose. The purpose of the Landing Districts is to encourage
water-dependent and water-enhanced residential and nonresidential
uses that will increase access to the scenic, economic and recreational
uses of the Hudson River.
(2)
Existing character. The Landing Districts front on the Hudson
River and generally do not include sensitive riverine habitats or
tidal wetlands, are within designated areas of scenic significance
and identified viewpoints. All Landing Districts have one or more
existing water-dependent, nonresidential uses. The Landing Districts
serve as existing water-dependent service cores for the Town and public
access to the Hudson River. The Landing Districts generally are isolated
on the waterfront, having little or no direct connection to the principal
land use forms of the Town. Vehicular access to the Landing Districts
exists to a limited degree across the railroad right-of-way but needs
to be protected and improved to ensure safe vehicular and pedestrian
access to the shoreline of the Hudson River.
J.
Core Districts: Neighborhood Core, Hamlet Core, Crossroads Core and
Town Core Districts (NC, HC, CC, TC). The Core Districts are the community
centers within the Neighborhoods and Hamlets, where a greater intensity
of mixed use is permitted. Ideally, the Core is close to the geographic
center of the district.
[Amended 3-9-2015 by L.L. No. 2-2015; 10-5-2020 by L.L. No. 1-2020]
(1)
Purpose. The Core is the mixed-use heart of the settlement,
designed to accommodate a mix of commercial, light industrial, residential
and other uses, all within walking distance. In addition to other
uses permitted throughout the Neighborhood and Hamlet Districts, the
Core in each case permits business, retail and light industrial uses.
It also provides for assembly uses such as dining, entertaining and
social functions.
(2)
Existing character. The Cores are a more densely developed portion
of the surrounding district. The purposes of the Core are best served
by having a central public space that augments the corridors and provides
a focal point. Streets within existing Cores suffer from congestion
and lack of pedestrian conveniences. This has caused the service facilities
to gravitate to locations along and adjacent to state and county highways.
Facilities that provide community services, such as churches, day-care
centers, libraries and community centers, exist in some Cores, but
not to the extent desired.
K.
Bellefield Planned Development District (BPDD). The Bellefield Planned
Development District lies to the east of U.S. Route 9 reaching from
the Farm Lane development at the northerly end to West Dorsey Lane
at the southerly end.
(1)
Purpose. Planned development is needed to ensure that the district
is developed in a way that preserves the natural beauty of the land,
promotes tourism, supports the existing business district in the Town
Center and sensitively expands the Town Center with planned mixed-use
development. The provisions of this district are intended to streamline
permitting and allow greater use flexibility.
(2)
Existing character. The district is the largest area of potential
development in the southern end of the Town with excellent access
from Routes 9 and 9G and St. Andrews Road. North of St. Andrews Road,
the land generally lies behind existing development along Route 9.
South of St. Andrews Road, the District abuts Route 9 and is virtually
unbroken green space. Its planned development must be sensitive to
the fact that Teller Hill serves as the southern gateway to the Town
Center.
Overlay districts do not change the use and dimensional requirements
of the underlying land use districts unless specifically so stated
in this chapter. On any given lot, more than one overlay district
may apply. In addition to the above land use districts, the following
overlay districts are created:
A.
Historic Overlay Districts (HO). The purpose of the Historic Overlay
Districts is to protect areas of particular historic significance.
These areas are the Hudson River National Historic Landmark District,
places listed on the National and State Registers of Historic Places,
the Estates District Scenic Area of Statewide Significance, the Town
of Hyde Park Historic District, and the historic roadside stone walls
along U.S. Route 9, Route 9G and in Staatsburg. For informational
purposes, the Town Board shall publish and update as needed a current
map of the Historic Overlay Districts. This map shall be available
for inspection at the offices of the Town Clerk and the Zoning Administrator,
and copies of it shall be available at cost from the Town Clerk.
B.
Scenic Overlay Districts (SO). The purpose of the Scenic Overlay
Districts is to protect areas of particular scenic importance. These
areas are the Mid-Hudson Historic Shorelands Scenic District and the
New York State designated scenic roads and the lots abutting them.
For informational purposes, the Town Board shall publish and update,
as needed, a current map of the Scenic Overlay Districts. This map
shall be available for inspection at the offices of the Town Clerk
and the Zoning Administrator, and copies of it shall be available
at cost from the Town Clerk.
C.
Planned Unit Development Overlay District (PUD Overlay). The purpose
of the PUD Overlay is to provide for the orderly creation of new communities
or expansion of existing communities. See Article 7 of this chapter.
With the exception of the overlay districts, the zoning districts
are bounded and defined as shown on the map entitled "Zoning Map,
Town of Hyde Park, New York," as may be amended, which map accompanies
this text and, with any explanatory matter thereon, is hereby made
a part of this chapter. The Official Zoning Map is available for inspection
in the Office of the Town Clerk. An unofficial photocopy of the Zoning
Map in reduced size is appended to this chapter for reference purposes
only. Copies of such reproduction may be obtained from the office
of the Town Clerk.
[Amended 8-24-2009 by L.L. No. 2-2009]
Where uncertainty exists as to the boundaries of districts shown
on the Zoning Map, including overlay districts, the following rules
shall apply:
A.
Boundaries indicated as approximately following the center lines
of streets or railroad tracks shall be construed to follow such center
lines.
B.
Boundaries indicated as approximately following lot lines shall be
construed to follow such lot lines. All boundaries of Hamlets, Neighborhoods,
Business Districts, Landings, CIAN, and Cores and the Scenic and Historic
Overlay Districts are intended to follow lot lines.
C.
Boundaries indicated as following the center line of a watercourse
shall be construed to follow such center line and, in the event of
change in the center line, shall be construed as moving with the actual
center line.
D.
Distances not specifically indicated on the Zoning Map shall be determined
by the scale of the map.
E.
If a lot is divided by a zoning district boundary, one of the following
conditions shall apply:
(1)
The respective district regulations shall apply to each portion
of the lot so divided; or
(2)
The regulations of the more restrictive district may be applied
to the entire lot; or
(3)
The Zoning Board of Appeals may establish requirements within
the intent of the chapter which represents a compromise between the
requirements of the districts involved and which are approximately
proportional to the area of the lot that lies within each district.
In no case shall such requirements be less restrictive than the regulations
of the least restrictive district.
A.
Purpose. The purpose of Article 4 is to provide the use classifications,
use regulations, bulk regulations, site development standards, historic
overlay standards, and scenic overlay standards applicable to all
zoning districts. For additional regulations applicable to specific
districts, see Article 5.
B.
Applicability. No land or structure shall be used or occupied for
any purpose other than as authorized in this chapter. No structure
or portion thereof shall be erected, moved, altered, rebuilt or enlarged
other than as authorized in this chapter. No vehicle or vessel serving
as a building shall be located, used or occupied for any purpose other
than as permitted by the provisions of this chapter applicable to
such building.
C.
Conflicts. In the event of a conflict between the requirements of
this chapter and those of any other chapter of the Town Code with
respect to the use of land or structures, the requirements of this
chapter shall prevail.
D.
Any use not listed specifically within the Schedule of Use Regulations
shall be considered a prohibited use in all districts under this chapter.
Where permitted or uses allowed by special use permit are identified
by generic words or descriptions, the Zoning Administrator shall determine
whether a specific use shall be construed to be part of such generic
class. In making such determination, the Zoning Administrator shall
consider to what extent the proposed use is similar to the class of
use indicated in the District Schedule of Use Regulations. If a use
is specifically listed elsewhere in the District Schedule of Use Regulations,
it is excluded from a generic classification.
[Added 10-5-2020 by L.L.
No. 1-2020]
A.
Classifications. The Town hereby establishes the use classifications set forth in the Schedule of Use Regulations (§ 108-5.14) to identify the various types of use. Unless otherwise defined in Article 2, the use classifications shall have their ordinary meaning.
[Amended 8-24-2009 by L.L. No. 2-2009]
B.
Mixed use. Any lot or building may have more than one use, provided
that the density and scale, where applicable, of all uses thereon
comply with the standards established for the district in which such
lot is located and with the uses which are permitted.
Unless otherwise specified, the following uses are subject to
appeal to the Zoning Board of Appeals for area or use variances as
appropriate.
A.
Permitted uses. The use of any building, structure, or land shall comply with the density and scale, where applicable, limits as set forth in the Schedule of Bulk Regulations (§ 108-5.15). Permitted uses for each district are set forth in Article 5.
[Amended 8-24-2009 by L.L. No. 2-2009]
(1)
Scale. Scale limits the gross square feet of a proposed use
or structure or the proposed expansion of an existing use or structure.
Scale limits do not apply to one- and two-family residential use,
animal husbandry, or agriculture use. When determining scale, the
following rules shall govern:
(a)
The square footage of all parking stalls required for the proposed
use or structure shall be included, but the remaining area of the
parking lot shall not be included.
(b)
Land occupied and maintained for the primary purpose of raising crops or plants (including greenhouses), grazing animals, horticulture, forestry, open space, landscape planting or similar managed care of the natural environment shall not be included in the calculation of the gross square foot limits in the Schedule of Bulk Regulations (§ 108-5.15).
(c)
Any requirements of this chapter expressed, as a percentage
of the lot, shall utilize the total area of such lot in establishing
said percentage.
(d)
Scale of signs shall include only that area of the ground occupied
by the structure of such sign. Sign area shall be regulated under
Article 24 of this chapter.
(2)
Density. Density limits the number of dwelling units that may be developed per acre on any lot. The minimum floor area for any dwelling unit is established under § 108-4.4B(2) of this chapter.
(3)
Adaptive reuse increase. The adaptive reuse of an existing building
that will preserve and enhance the architectural or historic integrity
of the building and the district in which it is located shall be entitled
to an increase of 50% in density and scale, where applicable. The
Planning Board shall make such determination based on reference to
the architectural, scenic and historic character of the district as
set forth in the Comprehensive Plan and on objective evaluation of
the project and the current architectural, scenic and historic resources
in the district. Such determination is not considered a use variance
or area variance and is not subject to appeal to the Zoning Board
of Appeals.
B.
Accessory uses. The following provisions shall apply in all districts:
[Amended 8-24-2009 by L.L. No. 2-2009]
(2)
Storage accessory to any other use shall be fully enclosed within
a building or structure, with the following exceptions:
(a)
The maximum number of dedicated off-street parking spaces that
may be developed unenclosed without site plan approval shall be four
parking spaces per residential lot.
(b)
Storage accessory to a nonresidential use may be uncovered,
provided that the storage of any materials, supplies or products shall
be screened from any walkway or street and from any property used
in whole or in part for residential purposes. Further, it shall be
enclosed within a fence, maintained free from debris and vermin, and
located behind a building on the rear portion of the lot.
(c)
Storage accessory to a light industrial use may be uncovered,
provided that the storage of any materials, supplies or products shall
be screened from any walkway or street and from any property used
in whole or in part for residential purposes, enclosed within a fence,
maintained free from debris and vermin, and not located in any required
yard.
(d)
Storage of solid waste accessory to a permitted use for removal
by a contracted service shall be in an area maintained free from debris
and vermin and screened from view from any walkway or street.
(e)
Storage accessory to any one- or two-family dwelling of materials, equipment and devices used in the maintenance or operation of such dwelling and the property related thereto shall be exempt from the requirements of this section, provided that such storage shall be screened from view from a walkway or street. This exemption shall not be construed to authorize any activity that constitutes a dump as regulated under Chapter 48 or 66 of this Code.
(f)
Storage of the following shall be in side and rear yards only
and shall comply with setbacks:
[1]
Storage of one each of the following trailers shall be permitted
on any parcel whose permitted use is residential: a camping trailer;
a utility trailer; a boat trailer.
[2]
Storage of no more than one unregistered vehicle for which a
registration with DMV is required to operate shall be permitted. Such
vehicle shall require an unregistered vehicle permit pursuant to Article
30.
[3]
Storage of no more than one vehicle for sale shall be permitted. Such vehicle shall require a vehicle for sale permit pursuant to § 108-30.6B(4).
[4]
Storage of one vessel shall be permitted.
(4)
Enclosures for swimming pools accessory to one- and two-family
dwellings and multiple dwellings are regulated under the State Building
Code.
(5)
Animal husbandry is permitted with site plan approval in all
districts with the following limitations and restrictions. Any agricultural
activities conducted on properties in Agricultural Districts may be
exempt from these restrictions if so provided by Agriculture and Markets
Law Article 25-AA, as amended. The following dimensional limitations
are subject to appeal to the Zoning Board of Appeals for an area variance:
(a)
Animals must not be housed, fed, grazed, or otherwise allowed
to occupy lands within 50 feet of wells, watercourses or wetlands.
(b)
For all animals other than non-neutered male goats older than
12 months, roosters and all pigs, animal husbandry shall not be conducted
within 250 feet of a residence on another lot. For non-neutered male
goats older than 12 months, roosters and all pigs, animal husbandry
shall not be conducted within 350 feet of a residence on another lot.
(c)
The number of animals that may be kept on a property is based
on animal units at the rate of one animal unit (1,000 pounds of animal)
per 1.5 acres of available land. "Available land" is defined as all
land on a lot, excluding the residence, lawn, driveway, garage, other
buildings or structures not used for animal husbandry, septic system
leach fields or equivalent waste disposal facilities, and all areas
within 50 feet of wells, watercourses and wetlands. Animal unit equivalents
are published by the Cornell Cooperative Extension. Copies of the
most recent publication are available from the Zoning Administrator.
(d)
No unenclosed storage of manure or other odor- or dust-producing
substances shall be permitted within 250 feet of a residence on another
lot, 200 feet from a well or 300 feet from watercourses or wetlands.
(e)
No enclosed storage of manure or other odor- or dust-producing
substances shall be permitted within 200 feet of a residence on another
lot, 200 feet from a well or 50 feet from watercourses or wetlands.
Enclosed storage shall include an impermeable floor, sides, and cover
that will not allow uncontrolled release of liquid or solid wastes
or odors.
(f)
Applicants with children less than 19 years of age that are
conducting animal husbandry projects under the guidelines of 4-H or
a similar organization, shall not be required to pay for an area variance
application.
C.
Vehicle, trailer or vessel serving as building. Any stationary vehicle
or dockside vessel that is used or occupied for the purpose of providing
shelter to persons, animals or property shall be subject to the regulations
contained in this chapter applicable to its particular use.
(1)
Residential use. Camping trailers and recreational vehicles
shall be occupied for residence purposes in trailer camps only. Dockside
vessels shall be occupied for residence purposes in a marina only.
It shall be unlawful for any person to occupy a camping trailer or
recreational vehicle on any lot, other than in a trailer camp, for
more than 30 days in any twelve-month period.
(2)
Commercial use. Any construction trailer shall be identified
in the applicable building permit issued by the Building Inspector
and shall be removed from the premises prior to the issuance of a
certificate of occupancy. Such trailer may have electric and heating
capable of temporary connection to site utilities. Each construction
trailer shall be subject to the fee set forth in the current fee schedule
adopted by the Town Board, which shall be due and payable at the time
that an application for a certificate of occupancy is made.
(3)
Temporary storage.
(a)
Commercial trailers may be placed on any lot for the purpose
of storage accessory to any permitted commercial or nonresidential
use, provided that the applicant first obtains site plan approval
from the Planning Board and a permit from the Zoning Administrator.
[Amended 8-24-2009 by L.L. No. 2-2009]
(b)
Dockside vessels may be used for the purpose of storage accessory
to any permitted commercial or nonresidential use, provided that a
permit is obtained from the Zoning Administrator.
D.
Prohibited uses. The following uses are deemed to be unsuitable by
reason of a demonstrated tendency to degrade the health, safety, and
general welfare of the community, to adversely impact the value of
buildings and to discourage the more appropriate use of land:
(1)
No use which is noxious or offensive by reason of the emission
of odors, dust, smoke, gas or noise, or in which flammable or explosive
materials are involved (except as may be incidental to a permitted
use) shall be permitted on any lot in any district.
(2)
Dwelling unit location. The following vehicles, structures and
spaces shall not be occupied for residence purposes on any lot in
any district:
(a)
Tents. It shall be unlawful for any person or persons to occupy
a tent as a dwelling unit or for any cooking or sanitary purpose.
(b)
Trailers. It shall be unlawful for any person or persons to occupy a trailer as a dwelling unit or for any cooking or sanitary purpose except as permitted in § 108-4.3C(1) of this section.
(3)
The following are prohibited on any lot in any district:
[Amended 8-24-2009 by L.L. No. 2-2009; 12-22-2014 by L.L. No.
5-2014]
(a)
Motor vehicles. It shall be unlawful for any person to store
any derelict automobile unenclosed, other than in a scrap yard.
(b)
Parking or storage of commercial motor vehicles. It shall be
unlawful for any person or entity to park or store unenclosed a commercial
motor vehicle on any lot. This prohibition shall not, however, apply
to the following:
[1]
Commercial motor vehicles parked or stored on a lot used in
conjunction with a commercial business or other use lawfully conducted
on that lot pursuant to site plan and/or other approval granted by
the Town of Hyde Park Planning Board and pursuant to a certificate
of occupancy issued by the Zoning Administrator or Building Inspector.
[2]
A single commercial motor vehicle parked or stored on a lot
lawfully improved and used for residential purposes, provided that:
(i) the commercial motor vehicle is registered in the name, or regularly
operated for business purposes by, the owner or tenant of the lot;
(ii) the commercial motor vehicle does not exceed 25 feet in length
or a gross vehicle weight rating of 10,000 pounds; and (iii) the commercial
motor vehicle is parked or stored in a driveway, designated parking
area or in an enclosed garage or other similar structure. This provision
shall not, however, be deemed to authorize any commercial use of a
residential property that has not received the required approvals
for the conduct of the same by the Planning Board.
[3]
These prohibitions, however, shall not apply to:
[a]
A commercial motor vehicle parked on a lot while
providing service to that lot;
[b]
A commercial motor vehicle parked on a lot for
purposes of delivering goods, material and/or services to that lot;
[c]
Municipal, federal, fire, medical emergency vehicles
and other public service equipment and vehicles responding to a call
at, or servicing, said lot.
(c)
Petroleum. It shall be unlawful for any person to install or
replace an underground storage tank for storage of petroleum products
that are liquid at normal atmospheric conditions if such tank is not
subject to regulation by the NYSDEC.
E.
Amateur radio facilities. Nothing herein shall be construed to apply
to, prohibit, regulate or otherwise affect the erection, maintenance
or utilization of an antenna structure by any person licensed by the
Federal Communications Commission to operate an amateur radio station.
F.
Roadside stands. A roadside stand may be placed on any parcel in
any district in which it is a permitted use, provided that a permit
is first obtained from the Zoning Administrator as provided in Article
30 of this chapter, and provided further that the roadside stand will
not have an adverse impact on vehicular or pedestrian safety, traffic,
neighboring property values, or the health, safety, welfare or orderly
development of the Town. The permit shall be valid for the length
of time specified thereon, not to exceed nine months in any one year.
G.
Environmental standards. Any physical improvement required for the
development of a particular use shall comply with the requirements
and standards for each of the following components of the environment,
as applicable:
(1)
Wetlands are regulated under Chapter 63 of the Code of the Town and 6 NYCRR Part 665. In addition:
(a)
No use shall be permitted in state-designated wetlands or any
land within 100 feet of the boundaries thereof, unless such use is
permitted by the DEC.
(b)
Any use granted a permit by the DEC under the provisions of
6 NYCRR Part 665 shall be permitted subject to the terms and conditions
of such permit.
(2)
Streams. Any use or construction near a stream shall be subject
to the following restrictions:
[Amended 8-24-2009 by L.L. No. 2-2009]
(a)
No use or construction of any physical improvement shall be
permitted within the stream corridor, unless such use or construction:
[2]
Has received a permit from NYSDEC pursuant to Article 15 of
the Environmental Conservation Law and has received a permit from
the Planning Board pursuant to Chapter 107, Water Resources Protection,
of this Code; or
[3]
Is allowed by virtue of being exempt from the permit requirements
of Article 15 of the Environmental Conservation Law and Chapter 107,
Water Resources Protection, of this Code.
(b)
Where no NYSDEC or Planning Board permit is required, the Planning
Board shall nonetheless require in site plan or special permit approval,
where applicable, that no increase in the sediment load of any such
stream shall result from the construction of a physical improvement
or the subject use.
(c)
To the extent consistent with the uses and construction permitted or allowed by the foregoing Subsection G(2)(a) and (b), stream corridors shall remain in a natural, undisturbed state and shall be utilized to provide linear open space corridors that interconnect the various community forms with the Waterfront and Greenbelt Districts.
(3)
Flood hazard. Any use in an area of special flood hazard shall comply with the requirements of Chapter 60, Flood Damage Prevention, of this Code.
(4)
Significant natural areas. The segmentation of any significant
natural wildlife habitat shall be avoided. No use involving the construction
of any physical improvement shall be permitted within 100 feet of
the boundaries of the following areas as identified on the Town Zoning
Map:[1]
[1]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
(5)
Agricultural District 20. Any application for a special use
permit, site plan approval, use variance, subdivision, or PUD that
would occur on property within Agriculture District 20 containing
a farm operation, or on property with boundaries within 500 feet of
a farm operation located in such district, shall include an agriculture
data statement. Such agriculture data statement shall add the following
information to that required by Article 30 for the particular application
or appeal:
(a)
The name and address of any owner of land within such district,
which land contains farm operations and is located within 500 feet
of the boundary of the lot upon which any project is proposed;
(b)
A Tax Map or other map showing the site of the proposed project
relative to the location of farm operations identified in such statement.
All buildings, structures and uses shall be subject to the following restrictions which supplement the Schedule of Bulk Regulations at § 108-5.15. All dimensional limitations are subject to appeal to the Zoning Board of Appeals for an area variance.
A.
Height.
[Amended 3-9-2015 by L.L. No. 2-2015]
(1)
Any request for an increase in height for the Bellefield PDD
shall be subject to review and approval by the Town Board.
(2)
Walls and fences are deemed to be structures. In the area between the property lines and the setbacks, no walls or fences shall be greater than six feet in height. See the Schedule of Bulk Regulations (§ 108-5.15) yards (setbacks) requirements.
(3)
Any structure visible from any point along the boundary of a
designated place on the State or National Register of Historic Places
and within 100 feet thereof shall be restricted to the following:
[Amended 10-5-2020 by L.L. No. 1-2020]
(4)
The height restrictions of this chapter shall not apply to:
(a)
Any spire, belfry, cupola, silo, dome or similar building component
not used for human occupancy.
(b)
Any parapet or cornice used for ornamentation that does not
extend above the roof elevation by more than five feet, when measured
from its intersection with such roof.
(c)
Any chimney, ventilator, skylight, elevator penthouse, heating
and air-conditioning equipment, antenna or similar structure customarily
mounted on, or through, a building roof, except as may be specifically
modified by other provisions of this chapter. Such structures shall
be erected only to such height as is necessary to accomplish the purpose
they are intended to serve.
(5)
The Planning Board may waive the requirements set forth in Subsection A(3) herein for applications proposed in the CC and TC Zoning Districts where the proposed building height will not have a significant visual impact on a designated place on the State or National Register of Historic Places, and is consistent with the intent of the zoning districts.
[Added 10-5-2020 by L.L.
No. 1-2020]
B.
Size. The size of any structure shall be deemed to be the dimensional
qualities other than height.
C.
Coverage. The maximum area of any lot that may be occupied, surfaced or otherwise covered by impervious materials, including buildings and structures, shall not exceed the coverage percentage in the Schedule of Bulk Regulations at § 108-5.15. For the purpose of computing the coverage percentage, the area covered shall be divided by the total area of the subject lot.
D.
Yards. Yard dimensions have been established to ensure an area free
from structures and streets that can be developed and landscaped for
visual enjoyment.
(1)
All yards shall comply with the applicable dimensional requirements in the Schedule of Bulk Regulations at § 108-5.15.
(2)
No structure, except permitted courtyard walls, sheds subject to § 108-4.3B(3) and fences shall be located in any required yard as specified in the Schedule of Bulk Regulations at § 108-5.15. A driveway may be located in a yard.
(3)
Any lot having frontage on two or more streets shall provide a front yard on each such street, except that the Planning Board, during site plan review, may waive this requirement for properties in the CC and TC Zoning Districts where the Board determines that the waiver will accomplish the intended design objectives of this district. The area within any sight triangle area reserved under the provisions of § 108-4.5C(1)(d) may be included for the purposes of satisfying such yard requirement.
[Amended 3-9-2015 by L.L. No. 2-2015; 10-5-2020 by L.L. No. 1-2020]
E.
Frontage required. No building permit shall be issued for any structure
or use unless the lot on which that structure or use is located has
frontage of at least 25 feet on a street. A building permit may be
issued for repairs and alterations to an existing structure on a property
with less than 25 feet of frontage, but in no case shall a building
permit be issued for any lot with less than 15 feet of lot frontage,
unless a variance or other relief has been obtained.
[Amended 3-9-2015 by L.L. No. 2-2015]
All development that requires site plan approval shall also
be subject to the following site development standards. Site development
standards are mandatory rules, subject to modification by the Planning
Board and, in the case of a PUD, by the Town Board. In determining
whether to modify a standard for a proposed project, the reviewing
board may take into consideration the following: (1) the practical
difficulties of applying the standard to the particular project; (2)
the potential adverse impact on surrounding properties and the neighborhood
of applying or not applying the standard to the proposed project;
and (3) the feasibility of alternate means or measures to attain the
same goal as the standard. When an applicant objects to the application
of a standard to his or her project and the reviewing board requires
compliance, in its resolution of approval or disapproval the reviewing
board shall state its findings and the reasons for its decision with
reference to the considerations set forth above.
A.
Parking standards.
(1)
Except as provided herein, no off-street parking or loading
area shall be constructed or provided until a site plan describing
such parking and loading improvements has been approved.
(2)
No certificate of occupancy shall be issued for any use until
the required off-street parking has been established in conformance
with this chapter.
(3)
On-street parking, where encouraged in Article 5, may be considered as satisfying any required off-street parking only where it can be demonstrated that the on-street parking is underutilized. On-street parking shall require the approval of the state, county or Town agency having jurisdiction over the subject street. See also § 96-6C(2)(d) and (e).
(4)
Off-street parking and scale. The total square footage of parking
stalls required for a building shall be included in the calculation
of scale, but the remaining area of the parking lot shall be excluded.
[Amended 8-24-2009 by L.L. No. 2-2009]
B.
Required off-street parking.
(1)
The Planning Board shall determine reasonable and appropriate
off-street parking requirements, taking into consideration all factors
entering into the parking needs of each case as part of its site plan
and review.
[Amended 11-28-2016 by L.L. No. 10-2016; 9-18-2017 by L.L. No. 2-2017; 10-5-2020 by L.L. No. 1-2020]
|
Common Number of Spaces for Off-Street Parking
| ||
|---|---|---|
|
Use
|
Number of Spaces
| |
|
Bowling alley
|
4 spaces per bowling lane
| |
|
Public amusement without seating
|
1 space per 50 square feet floor space
| |
|
Church
|
1 space per 5 pew seats
| |
|
Theater, auditorium, athletic field
|
1 space per 5 seats
| |
|
Place of public assembly
|
1 space per 5 seats or 50 square feet
| |
|
Funeral parlor
|
1 space per 4 seats; 1 space per employee
| |
|
Gas station
|
At least 4 spaces
| |
|
Hospital
|
1 space per 3 beds; 2 spaces per 3 employees
| |
|
Medical office, professional
|
3 spaces per doctor; 1 space per employee
| |
|
Motel
|
1 space per unit; 2 spaces per 3 employees
| |
|
Motor vehicle repairs
|
At least 10 spaces; 2 spaces per 3 employees
| |
|
Multifamily dwelling
|
2 spaces per dwelling unit
| |
|
Business or professional offices
|
1 space per 200 square feet net rentable area
| |
|
One- and two-family residences
|
2 spaces per dwelling unit
| |
|
Restaurant, winery or food/beverage manufacturing or dispensing
facility
|
1 space per 50 square feet for patron use; 2 spaces per 3 employees
| |
|
Retail or service business
|
1 space per 300 square feet floor area; 2 spaces per 3 employees
| |
|
Bed-and-breakfast
|
1 space per guest room; 1 space per dwelling unit
| |
|
Wholesale, storage, utility
|
1 space per 1,000 gross square feet floor area; 2 spaces per
3 employees
| |
|
Rural event venue
|
1 space per 2 attendees
| |
|
Community residence
|
1 space per employee for the largest shift, plus 1 visitor space
per 3 beds, in addition to the requirements for a one-family residence
| |
|
Residential care facility
|
0.5 space per unit/bed, plus 1 space per employee for the largest
shift, plus 1 visitor space per 4 units/beds
| |
(2)
Off-street parking may be fully enclosed, partially enclosed
or unenclosed.
(a)
All off-street parking shall be located to the rear of the front
building line of the building it serves.
(b)
No improvement that is a part of any off-street parking facility
shall be located closer than five feet to any lot line, exclusive
of any driveway providing access for such facility.
(c)
No off-street parking shall be located within any required open
space.
(d)
Parking shall not dominate any site when viewed from the street
providing frontage for such site. Large uninterrupted areas of parking
stalls that significantly reduce the continuity or quality of natural
open space shall not be permitted. Off-street parking shall be developed
as a network of small (less than 12,000 square feet), well-distributed
and clustered areas surrounded by landscaping, interconnected by driveways
and walkways.
(e)
The total impervious surface provided for all parking stalls
and aisles shall not exceed the product of 350 square feet times the
number of stalls provided.
(f)
No parking space or stall shall be less than nine feet in width.
(g)
(h)
All off-street parking shall be graded and maintained to avoid
nuisances of dust, erosion or excessive stormwater flow onto or across
walkways, streets or adjacent lands.
(i)
All off-street parking for more than five vehicles shall be
marked in accordance with generally accepted standards or applicable
regulations to identify individual parking stalls, maneuvering aisles,
pedestrian crossings, handicap spaces, entrances, exits, vehicle movement
and fire lanes.
(j)
Any off-street parking for 17 or more vehicles shall provide
curbed planting islands or beds within the parking area equal in total
area to 15% of the total square footage of all stalls and aisles.
C.
Access standards.
(1)
Vehicle access and circulation.
(a)
Curb cuts shall be consolidated in order to provide clearly
defined entrances and reduce conflicting vehicular movement.
(b)
All uses shall utilize the existing streets except as provided in Subsection C(1)(b)[1] and [2] below.
(c)
Driveways, when provided, shall comply with the following:
[1]
The minimum distance between the center-line intersection of
any two streets and the intersection of a driveway center line and
one of said street center lines shall be no less than 60 feet.
[2]
All driveway entrances to streets shall be constructed in compliance
with the applicable regulations of the state, county or local agency
having jurisdiction over such street.
[3]
In any Core or Business District, wherever a driveway or alley
crosses a walkway, special paving accents or textures shall be provided
to delineate the walkway.
(d)
Sight triangle. To assure motorists have a clear line of sight
at intersections, the Planning Board shall refer to guidance in Guidelines
for Driveway Design and Location, by the Institute of Transportation
Engineers, and Policies and Standards for Entrances to State Highways,
published by the New York State Department of Transportation. In general,
except for existing trees having all branches within six feet of the
ground removed, no structure or planting more than three feet in height,
as measured from the street surface at the nearest edge of the street,
shall be erected, placed or maintained within the triangular area
formed by:
[1]
For streets, the intersecting center lines of the streets and
a line through two points, each of which is 50 feet distant from such
intersection along said center line.
[2]
For alleys or driveways, the intersecting center lines of the
alley or driveway and the street and a line through two points, each
of which is 30 feet distant from such intersection along said center
line.
(e)
All streets shall be separated physically from walkways by a
curb, vegetated strip or other physical separation. Streets and off-street
parking facilities may not be used to satisfy any requirement for
pedestrian circulation.
(f)
Fire lanes providing access for emergency vehicles shall be established, identified and maintained free from obstruction in full compliance with the requirements of Chapter 104 of this Code.
(g)
In order to minimize the number of entrances and exits on Routes
9 and 9G, within any Neighborhood, Hamlet, Business District or Core,
owners of lots having frontage on U.S. Route 9 or Route 9G shall cooperatively
develop inter-lot connections between parking lots, driveways and
alleys as part of any new development.
(2)
Bicycle paths. When indicated on the official map, if such exists,
or when existing bicycle paths have been developed to or along a lot
for which a new use is proposed, such proposal shall include a bicycle
path across said lot which shall be separated from the walkways and
streets and shall have a minimum of crossings therewith.
(3)
Pedestrian access and circulation.
(a)
Pedestrian access shall be provided and maintained to all uses
on the lot from the street.
(b)
A walkway shall be provided to and between each use on a lot.
(c)
Walkways may consist of any combination of walks, paths, terraces,
patios and similar elements interconnected so as to provide access
to all buildings and off-street parking.
(d)
In all Hamlet, Hamlet Core, Crossroads Core, Town Core, Landing,
Neighborhood Core, East Park Business, Corridor Business and Neighborhood
Business Districts, the development of any lot shall provide a walkway
utilizing sidewalks or an equivalent acceptable to the Planning Board
along the full frontage of said lot to connect adjacent lots and to
enhance and provide definition to the street providing frontage for
the lot.
[Amended 3-9-2015 by L.L. No. 2-2015; 10-5-2020 by L.L. No. 1-2020]
[1]
All sidewalks shall be constructed of concrete, brick, stone,
tile, rubber or similar material or combination of materials that
exhibit a modular size and pattern and general tendency not be become
slippery when wet. Blacktop or asphalt concrete shall be discouraged
for sidewalks, unless it is used as a landscape design element.
[2]
All sidewalks shall be designed to be consistent with the Americans
with Disabilities Act Accessibility Guidelines, as well as standards
of the highway agency if sidewalks are to be located within the right-of-way.
(e)
The Planning Board, in its report on any PUD, shall recommend
the walkways, if any, to be included in such proposed development
based on the following considerations:
D.
Screening standards.
(1)
Required locations.
(a)
Screening shall be provided to minimize the view of any off-street
parking or storage of motor vehicles not located to the rear of the
front building line.
(b)
Screening shall be provided to minimize the view of accessory
storage described in § 108-4.3(B)(3).
(c)
Screening shall be provided around any potentially dangerous
or hazardous use. Such screening shall also minimize entry by any
unauthorized persons.
(d)
Screening shall be provided to minimize the view of any off-street
loading dock from any point along a property line common to any residential
use or from any street.
(e)
Screening shall be provided to minimize the view of any nonresidential
use from any point along a property line common to any residential
use, unless the nonresidential uses reasonably blend in with the adjoining
residential uses.
(2)
Materials. Screening shall be accomplished using the following
materials:
(a)
Existing natural plant growth.
(b)
An existing combination of topography and natural plant growth.
(c)
New landscaping materials.
(d)
A stone or brick wall no more than six feet in height as measured
from the adjoining finish grade.
(e)
A fence which blends into the site and its surroundings. See § 108-4.4A(1).
[1]
Chain-link fencing may be used where necessary for security
purposes, but shall be provided with interwoven or applied material
which obscures vision and shall be finished in an earth tone or black
color.
[2]
Except for agricultural uses, no barbed wire, razor wire, electrically
charged wire or similar material that will cause harm to any person
or animal shall be installed for the purposes of security, unless
the applicant makes a clear demonstration of need.
(f)
A vegetated berm.
(3)
Specifications. The Planning Board, in its review of each application,
applying the above standards and the Greenway Connections, shall determine
the degree of opacity and the height of the screening. In each case,
the final design shall provide screening of sufficient height and
opacity to minimize the view.
E.
Landscaping standards. Landscaping shall define and shape exterior
spaces and shall also be used to assist in the direction of pedestrian
or vehicular movement, and contribute to the overall aesthetic quality
of the site and its environs. A landscape plan shall be prepared by
a landscape design professional, architect, engineer or nurseryman.
Landscaping shall be required for, among other areas, corridor walkways,
parking islands and beds, and screening.
(1)
Specifications.
(a)
Off-street parking.
[1]
Any planting bed shall contain at least one tree and such other
plant materials as are recommended by a landscape design professional,
architect, engineer or nurseryman for such location.
[2]
Any planting island shall contain sufficient trees, shrubs and
other plant materials as are recommended by a landscape design professional,
architect, engineer or nurseryman for purposes of establishing vertical
interruption and definition to vehicular movement.
[3]
Any required street separation shall include trees, shrubs,
ground cover and grass as appropriate to minimize impervious materials
and to provide definition for any walkway contained therein.
(b)
Transportation corridors. All new trees shall be spaced according
to the height and spread at maturity for each species. This information
may be obtained from the Preferred Species List prepared by the Hyde
Park Shade Tree Commission, a copy of which is available for inspection
and review at the office of the Zoning Administrator.
[1]
Street trees shall be located within the right-of-way of the
street providing frontage for the subject lot, and in accordance with
any applicable design guidelines that may apply to a zoning district,
unless permission cannot be obtained from the agency with jurisdiction
over the street to locate trees in the right-of-way. In that case,
street trees shall be located on the subject lot adjacent to the right-of-way,
in locations to be determined by the Planning Board.
[Amended 3-9-2015 by L.L. No. 2-2015]
[2]
Within any Core or Business District, and as required by the
Planning Board, vegetative buffers and/or trees shall be provided
within the walkway that is part of the street providing frontage for
any lot developed under the provisions of this chapter.
[3]
The development of any use that increases the area occupied
by buildings and impervious surfaces by more than 1,500 square feet
shall provide trees along the entire frontage of the applicable lot
as specified above. Existing, healthy trees meeting these guidelines
for placement may be included.
[4]
In no event shall trees be planted in the Town, county or state
road right-of-way without permission of the state or local authority
with jurisdiction over the right-of-way.
(c)
Site furnishings such as benches, tables and chairs, fountains,
sculpture, trash receptacles, planters, etc. shall be provided in
defined public spaces.
(2)
Plant materials. All plants shall be natural and shall be maintained
in a vigorous growing condition as a requirement of site plan or special
use permit approval. Any plant not so maintained shall be replaced
with a new plant no later than the beginning of the next growing season.
Care shall be taken in the selection and planting of trees so that
their roots do not disturb the sidewalk.
(3)
Protection. All shrubs and trees shall be protected from potential
damage inflicted by vehicles using off-street parking, driveways or
other streets by means of a raised curb placed at the edge of the
pavement or some other means deemed equally appropriate for this purpose
by a landscape design professional, architect, engineer or nurseryman.
(a)
The base of any new tree or shrub shall be maintained free from
impervious materials that would impede the growth or otherwise impair
the health of such plant.
(b)
No new tree shall be located closer than 10 feet to any fire
hydrant nor closer than three feet to any curb, as measured from the
trunk center line of such tree.
F.
Open space standards.
(1)
Open spaces disturbed by construction shall be restored with appropriate landscaping after construction is completed in accordance with a schedule previously agreed to by the Planning Board. In addition to the definition of open space in § 108-2, the following specific standards shall apply:
(2)
Open space, where required, shall be contiguous and connect
to open space on adjacent lots.
G.
Architectural features standards. Any documentation describing the
architectural features, location and dimensions of buildings shall
be prepared by an architect or engineer, including documentation describing
new buildings, additions or alterations to existing buildings, and
all physical improvements accessory to or necessary for such buildings.
(1)
Architectural features are regulated by the Schedule of Bulk Regulations at § 108-5.15 and the State Building Code. In addition, the following standards shall apply:
(a)
Form. Within any Core, Business District or Historic Overlay
District, no alteration shall significantly alter, remove or destroy
the proportion or detail of any original facade. The proportion and
detail of any existing facade shall be maintained when it represents
a reasonably accurate example of traditional architecture. The practice
of removing or "boxing" period ornamentation with contemporary siding
materials shall be discouraged; constructing porches, stoops and verandahs
consistent with the existing facade shall be considered appropriate
alterations.
(b)
Materials. Additions to existing buildings shall use materials
and details complementary with those incorporated in the parent structure.
Asphalt siding, metal panel siding and exposed concrete shall be avoided
on building facades in Cores, the Bellefield Planned Development District
and Landings.
(c)
Fenestration. New buildings shall articulate each opening in
a manner consistent with its location, importance, and purpose. Fenestration
shall be of a shape and proportion that is consistent with these guidelines
and that of buildings fronting on the same corridor and serving similar
purposes.
[1]
The primary entrances to any building shall be oriented to the
lot frontage. Secondary entrances shall be oriented to parking, plazas
or parks.
[2]
New buildings, or additions to existing buildings, shall reflect
any discernible pattern of window and door openings that is established
among adjacent structures or is present in the existing building.
[3]
Constructing any blank, windowless facade facing a corridor
that provides frontage for the lot on which the building is located
shall be avoided.
[4]
Using ribbon or continuous strip glazing in any building facade
shall be avoided.
(d)
Roof shape. New buildings shall have a roof shape consistent
in proportion, form and character to those encouraged in the Greenway
Connections (See Guide B3).
[1]
Flat roofs are inconsistent with the traditional building character
of the Town and are not permitted except when allowed by the approval
of the Planning Board within the Town Core Zoning District, in accordance
with the Town Core Design and Development Standards.[1]
[Amended 3-9-2015 by L.L. No. 2-2015; 10-5-2020 by L.L. No. 1-2020]
[1]
Editor's Note: The Town Core Design and Development Standards are included as an attachment to this chapter.
[2]
Low-slope roofs utilizing parapets, cornices and false fronts
are encouraged within any Landing, Hamlet Core or Business District.
(e)
Large building design, where the building has a facade longer
than 100 feet, shall present the appearance of a grouping of two or
more small, well-proportioned buildings incorporating ells, wings,
verandahs, porticos, courtyards and similar elements as unifying features.
(2)
Building location is restricted by the Schedule of Bulk Regulations at § 108-5.15 and the State Building Code. In addition, building heights and architectural and landscaping features shall establish or retain the spatial definition of all corridors.
(3)
Building dimension is restricted by the Schedule of Bulk Regulations at § 108-5.15 and the State Building Code. In addition, the following guidelines shall apply:
(a)
Any large building facade and the sides visible from the transportation
corridor shall incorporate changes in plane and architectural features
that give the appearance of several common-wall buildings.
(b)
The height of any new building shall be within one full story
of the existing buildings on adjacent lots, except that the Planning
Board may allow an alternative building height within the CC and TC
Districts so as to be consistent with the design standards applicable
to these districts.
[Amended 3-9-2015 by L.L. No. 2-2015; 10-5-2020 by L.L. No. 1-2020]
(c)
Transition line. The facade of any building located in a Core
or Business District shall incorporate a transition line at an elevation
that is no more than 15 feet above the walkway along the frontage
of the subject lot.
H.
Protection standards. For the purposes of protecting adjacent land
uses and the environment, certain physical features or improvements
shall be required.
(1)
Lighting. No artificial illumination device shall be erected,
constructed or otherwise installed except in accordance with the following:
(a)
No such device shall spill light beyond the boundaries of the
lot upon which it is located to the extent that it would disturb a
reasonably sensitive individual on the adjacent lot, and provided
that there is no spillage into any street, thereby becoming a potential
traffic hazard, provided that light spillage may be permitted, upon
review and approval of the Planning Board, where the light spillage
is intended to light adjoining sidewalks for safety purposes.
[Amended 3-9-2015 by L.L. No. 2-2015]
(b)
All such devices shall direct light downward. Upward illumination
is permitted for flags, provided there is no spillage to adjacent
residential properties to the extent that it would disturb a reasonably
sensitive individual on the adjacent lot, and provided there is no
spillage into any street, thereby becoming a potential traffic hazard.
(c)
The maximum height of any freestanding illuminating device shall
be 16 feet as measured from the finish grade at the base of the supporting
structure to the point of the light source on the device.
(d)
Any illuminating device located within, along or immediately
adjacent to any walkway shall be restricted to a maximum height of
12 feet as measured from the finish grade directly below such device
to the point of the light source on such device.
(e)
No illuminating device shall consist of any flashing, blinking
or moving light source.
(f)
Any device used to illuminate and display any building, structure,
landscape, sign or the like, that incorporates a lamp greater than
25 watts, shall have such lamp or bulb screened from direct view by
the general public.
(g)
The Lighting Guidelines of the Greenway Connections shall be
followed in designing and approving lighting for new buildings, structures
and uses.
(2)
Historic site. Any use within 50 feet of any place located on
the State or National Register of Historic Places shall minimize any
adverse impacts on the historic character of such place.
(3)
Nonresidential uses. To minimize any adverse impact of such
a use on the adjacent property:
(a)
Any new or expanded nonresidential use in a Business District
or Core, which is located on a lot having a property line in common
with the boundary of the Greenbelt, Waterfront, Hamlet or Neighborhood
District, shall provide adequate screening and open space buffers.
(b)
Any new or expanded nonresidential use located within the boundary
of the Greenbelt, Waterfront, Hamlet or Neighborhood District shall
provide adequate screening and open space buffers.
I.
Infrastructure standards. For the purposes of ensuring adequate provision
of electric, water, sewer and stormwater infrastructure for existing
and future developments, the following regulations are established:
(1)
Water. Central or municipal water systems meeting the applicable
standards of the Dutchess County Department of Health, the New York
State Department of Health, and the New York State Department of Environmental
Conservation shall be provided for any subdivision of 50 or more lots.
(2)
Sanitary sewers. Central or municipal sewer systems meeting
the applicable standards of the Dutchess County Department of Health,
the New York State Department of Health, and the New York State Department
of Environmental Conservation shall be provided for any subdivision
of 50 or more lots.
(3)
Storm sewers. Stormwater sewers, when provided, shall be separate from sanitary sewer systems. Stormwater sewer systems shall be provided, in accordance with Chapter 93, for any development that meets the jurisdictional threshold for the DEC Phase II Stormwater Regulations, or where a stormwater collection system exists within the street providing frontage for the subject lot, or where indicated on the official map, if such exists. When catch basins are installed for new projects, the drain grate must have molded into the metal of the grate the words, "NO DUMPING — DRAINS TO WATERWAY."
[Amended 8-24-2009 by L.L. No. 2-2009]
(4)
Extensions of water and sanitary sewer systems. Water and sanitary
sewer systems shall be extensions of existing systems whenever possible,
where the capacity is available and where such connection is permitted
and approved by the district to which the connection is to be made.
(5)
New water and sanitary sewer systems. Where new water and sanitary
sewer systems are required in Neighborhood and Hamlet (including their
Cores), Business, and Landing Districts, they shall be designed and
constructed to accommodate expansion. The owner of any such new water
or sanitary sewer system shall connect such system to a municipal
service when such service becomes available within 500 feet of any
lot served by such system as measured along a street providing frontage
for such lot, where the capacity is available and such connection
is permitted and approved by the district to which the connection
is to be made.
(6)
Power and communications. In Neighborhoods and Hamlets and in
their respective Cores, in Landings and Business Districts, in new
major subdivisions in the Greenbelt and Waterfront districts, in the
Bellefield Planned Development District, and in all PUDs, all electric
service, telephone, cable TV and similar communications lines shall
be installed below grade in the construction of any building or structure
on an undeveloped lot. Redevelopment of existing properties or roads
shall include the installation of all such services underground at
the time the improvements or upgrades are made to the property or
the particular service.
J.
Assembly area. An assembly area, where required, shall be designed
for the purpose and use of the specific population it supports. If
such area is not accessible to public use, it may not be counted in
satisfaction of the obligation to provide recreation land or recreation
fees pursuant to Article 36. Any proposed construction of 16 or more
dwelling units at a density of four dwelling units per acre or greater
shall provide no less than one defined assembly area at least 1,100
square feet in area.
(1)
The minimum area for an assembly area shall be increased by
60 square feet for each dwelling unit over 20, but no single gathering
place shall be greater than 3,000 square feet in area.
(2)
Such assembly areas shall be designed and constructed for passive
gathering and enjoyment other than for active athletics or sports.
(3)
Such assembly areas shall not include any portion of a required
yard.
(4)
Construction of a structure is not necessarily required in a
public assembly area.
(5)
The Planning Board shall use, as a guide, the recommendations
of the Comprehensive Plan and the 2013 Hyde Park Town Center Pedestrian
Study when considering the appropriate location for an assembly area.
On any corner lot, the Planning Board may allow and require that the
assembly area be located within the required front yard or yards,
closest to said intersection.
[Amended 3-9-2015 by L.L. No. 2-2015]
K.
Visual standards. The Planning Board shall consider the following
standards for visual impacts as they support the applicable standards
contained in Article 5:
(1)
Scenic views of and from the Hudson River, particularly those identified in §§ 108-4.6 and 108-4.7, shall be given consideration.
(a)
Significant disruption or removal of any healthy existing tree
canopy or understory composition that creates new vistas or damages
the definition of an existing vista shall be discouraged.
(b)
Any new vista created shall be carefully reviewed for its focus
point both on and from the Hudson River.
(c)
Any expansion of an existing vista shall be carefully considered.
(2)
Views of and from the historic sites and places identified in § 108-4.6 shall be carefully reviewed to ensure that the quality and focus of the vistas are enhanced, not diminished.
(a)
Views from such sites or places shall be terminated with a landscaping
screen along the opposite side of the property of sufficient height
and density to screen the view of any parking area, building or use
that abuts the historic site.
(b)
The protected views from such site or place that are not of
the Hudson River shall not be construed to extend beyond the opposing
corridor.
(3)
Street design shall preserve and enhance the existing trees
that define the corridor character.
(4)
Stone walls, where they are present along existing rights-of-way,
shall be repaired and maintained.
(5)
Gateways shall be considered as defining points within the Town.
Any development within or adjacent to these areas shall be carefully
reviewed to ensure that the visual setting of any gateway is not diminished.
(6)
Public spaces shall be integrated with, or strongly related
to, corridors. The design and construction of public spaces shall
be carefully reviewed to ensure that these relationships are retained,
reinforced and enhanced.
[Amended 8-24-2009 by L.L. No. 2-2009]
For the purpose of protecting the historic resources that contribute
to the tourist industry of the Town, the following requirements and
restrictions shall be in addition to the use, bulk and site development
regulations applicable to any use located in any district to which
the Historic Overlay District is applied.
A.
Hudson River National Historic Landmark District. Any use within
this district shall obtain site plan approval for external structural
alterations or construction and shall be limited to an agriculture,
water-dependent and/or water-enhanced use or to a use appropriate
to preservation of the historic resources of the district.
B.
Places listed on the National and State Registers of Historic Places. Any use on a lot abutting such place shall obtain site plan approval for external structural alterations or construction and shall provide an open space along the common property line. Such open space shall be equal in depth to the contiguous open space on the lot designated as an historic place or 100 feet, whichever is less. Within the CC and TC Zoning Districts, the Planning Board may waive the open space requirements where it determines that said waiver is necessary to accomplish the goal and intent of the design guidelines set forth in § 108-5.11.1, Crossroads Core District standards or § 108-5.11.3, Corridor Business District standards.
[Amended 3-9-2015 by L.L. No. 2-2015; 10-5-2020 by L.L. No. 1-2020]
C.
Estates District Scenic Area of Statewide Significance. Any use within
this district shall obtain site plan approval for external structural
alterations or construction.
D.
Hyde Park Historic District. Any use within this district shall obtain
site plan approval for external structural alterations or construction.
E.
Historic roadside stone walls. Any use which contains or abuts an
existing historic roadside stone wall on Route 9, Route 9G or in Staatsburg
in the Town of Hyde Park shall obtain site plan approval for external
structural alterations or construction. As a condition of such approval,
such a stone wall shall be restored. The extent of the required restoration
shall be determined by the Planning Board on the advice of the Town
Engineer.
For the purpose of protecting the scenic resources that contribute
to the tourist industry of the Town, the following requirements and
restrictions shall be in addition to the use, bulk and site development
regulations applicable to any use located in any district to which
the Scenic Overlay District is applied:
A.
New York State designated scenic roads. Any use where frontage is
provided by a street identified as a scenic road shall obtain site
plan approval for external structural alterations or construction
and:
[Amended 8-24-2009 by L.L. No. 2-2009]
(1)
Shall designate and maintain open space along such road that
retains the existing land contour and appropriate vegetative cover
to the following depths from the property line:
(2)
No major permanent modification of land contour of existing
land or modification of structures or removal of trees exceeding 12
inches in diameter as measured at four feet from the ground shall
be permitted within such open space without site plan approval by
the Planning Board.
(3)
Any existing allee of trees shall be maintained.
(4)
Walkways may be located in such open space, provided that the
walkways are consistent with the scenic character of the road.
(5)
On-street parking shall not be located along such roads outside
of any Core or Business District.
A.
Purpose. The purpose of Article 5 is to provide the schedules of
use and bulk regulations applicable to specific zoning districts and
the standards for specific districts. For general standards and regulations
applicable to all districts, see Article 4. For statements of the
purpose of each individual district, see Article 3.
B.
Applicability. No land or structure shall be used or occupied for
any purpose other than as authorized in this chapter. No structure
or portion thereof shall be erected, moved, altered, rebuilt, or enlarged
other than as authorized in this chapter. No vehicle or vessel serving
as a building shall be located, used or occupied for any purpose other
than as permitted by the provisions of this chapter applicable to
such building.
C.
Conflicts. In the event of a conflict between the requirements of
this chapter and those of any other chapter of the Town Code with
respect to the use of land or structures, the requirements of this
chapter shall prevail.
A.
Consistent architecture. New buildings adjacent to significant historic
structures shall be designed in a manner consistent with the general
architectural features of such historic structures in terms of form,
materials, fenestration, and roof shape.
B.
Major modifications to landscape. Major modifications to the existing
landscape, such as extensive grading, clear-cutting of trees, or other
similar activities, shall be avoided.
C.
Removal of existing historic structures. Existing historic structures
shall not be removed or demolished unless required by assessment of
the Town Engineer to protect the general health, safety and welfare
of the community.
D.
Access of trail systems. Where possible, public access to any nearby
public trail system shall be provided for present or future continuation
of such trail system.
E.
Walkways. Developing any lot shall require that a walkway be provided. [See § 108-4.5C(3)(d).]
The following standards apply to the Greenbelt and Waterfront
Districts:
A.
The negative impacts on environmental and scenic resources of any
new development shall be minimized.
B.
Existing tree rows and hedgerows, stone walls, and similar features
shall be retained in the development of any new use or the expansion
of any existing use.
C.
The number of off-street parking spaces required shall be the minimum
necessary to adequately serve the intended use.
D.
The primary means of access to lots shall be via the existing street
corridors to minimize the number of new streets created.
E.
All new streets shall be designed with rural characteristics, including
narrower rights-of-way, minimal tree clearing, minimal grading and
filling of existing topography, and usage of natural drainage where
practicable.
F.
On-street parking is discouraged.
The following standards apply to uses in the Neighborhood Core
District:
A.
Incorporating small, landscaped front yards shall be encouraged with
any new residential use.
B.
Developing public parks, commons or small pedestrian plazas with
amenities such as benches and landscaping shall be encouraged.
C.
Existing tree rows and hedgerows, stone walls, and similar features
shall be retained in the development of any new use or the expansion
of any existing use.
D.
The number of off-street parking spaces required shall be the minimum
necessary to adequately serve the intended use.
E.
On-street parking is encouraged for nonresidential uses.
F.
The primary means of access to lots shall be via the existing street
corridors to minimize the number of new streets created.
G.
Service alleys for deliveries and utility access shall be established
along rear property lines.
H.
All new streets shall be designed with rural characteristics, including
narrower rights-of-way, minimal tree clearing, minimal grading and
filling of existing topography, and usage of natural drainage where
practicable.
I.
New or in-fill buildings shall be located as close to the front yard
setback as possible to maintain the integrity of the existing building
line of the street.
The following standards apply to uses in the Neighborhood District:
A.
The adaptive reuse of historic structures is encouraged in such a
way so as to complement the character of the existing neighborhood.
B.
Developing public parks, athletic facilities, educational amenities
and other low-density uses that require large acreage shall be encouraged.
C.
Existing tree rows and hedgerows, stone walls, and similar features
shall be retained in the development of any new use or the expansion
of any existing use.
D.
The number of off-street parking spaces required shall be the minimum
necessary to adequately serve the intended use.
E.
On-street parking is discouraged for nonresidential uses.
F.
The primary means of access to lots in the Neighborhood District
shall be via the existing street corridors to minimize the number
of new streets created.
G.
All new streets in the Neighborhood District shall be designed with
rural characteristics, including narrower rights-of-way, minimal tree
clearing, minimal grading and filling of existing topography, and
usage of natural drainage.
H.
New or in-fill buildings in the Neighborhood District shall be located
in line with existing buildings to maintain the integrity of the existing
building setback line of the street.
The following standards apply to uses in the Hamlet Core District:
A.
Incorporating small, landscaped front yards shall be encouraged with
any new residential, nonresidential or commercial use.
B.
Developing public parks, commons, or small pedestrian plazas with
amenities such as benches and landscaping shall be encouraged.
C.
The adaptive reuse of historic structures is encouraged in such a
way so as to complement the historic character of the Hamlet Core.
D.
The number of off-street parking spaces required shall be the minimum
necessary to adequately serve the intended use.
E.
Service alleys for deliveries and utility access shall be established
along rear property lines.
F.
On-street parking is encouraged for nonresidential uses.
G.
The primary means of access to lots shall be via the existing street
corridors to minimize the number of new streets created.
H.
New or in-fill buildings shall be located as close to the front setback
line as possible and in line with existing buildings to maintain the
integrity of the existing building setback line of the street.
The following standards apply to uses in the Hamlet District:
A.
Incorporating small, landscaped front yards shall be encouraged with
any new residential, nonresidential or commercial use.
B.
Developing public parks, commons, or small pedestrian plazas with
amenities such as benches and landscaping shall be encouraged.
C.
The adaptive reuse of historic structures is encouraged in such a
way so as to complement the character of the existing Hamlet.
D.
Existing tree rows and hedgerows, stone walls, and similar features
shall be retained in the development of any new use or the expansion
of any existing use.
E.
The number of off-street parking spaces required shall be the minimum
necessary to adequately serve the intended use.
F.
Service alleys for deliveries and utility access shall be established
along rear property lines.
G.
On-street parking is encouraged for nonresidential uses.
H.
The primary means of access to lots shall be via the existing street
corridors to minimize the number of new streets created.
I.
New or in-fill buildings shall be located as close to the front setback
line as possible and in line with existing buildings to maintain the
integrity of the existing building setback line of the street.
The following standards apply to uses in the Landing District:
A.
Concentrating tourist-related facilities shall be encouraged.
B.
Developing public parks, commons, or small pedestrian plazas with
amenities such as benches and landscaping is encouraged.
C.
The shoreline of the Hudson River shall be maintained in a natural
state.
D.
River access shall be improved as part of any new or expanded development
on lands with river frontage.
E.
The adaptive reuse of historic structures is encouraged in such a
way so as to complement the character of the existing Landing.
F.
Existing tree rows and hedgerows, stone walls, and similar features
shall be retained in the development of any new use or the expansion
of any existing use.
G.
The number of off-street parking spaces required shall be the minimum
necessary to adequately serve the intended use.
H.
Service alleys for deliveries and utility access shall be established
along rear property lines.
I.
On-street parking is encouraged for nonresidential uses.
J.
The primary means of access to lots shall be via the existing street
corridors to minimize the number of new streets created.
K.
New or in-fill buildings shall be located in line with existing buildings
to maintain the integrity of the existing building setback line of
the street.
The following standards apply to uses in the East Park Business
District:
A.
Incorporating small, landscaped front yards shall be encouraged with
any new residential, nonresidential or commercial use.
B.
Developing public parks, commons or small pedestrian plazas with
amenities such as benches and landscaping shall be encouraged.
C.
The adaptive reuse of historic structures is encouraged in such a
way so as to complement the character of the existing East Park Business
District.
D.
The number of off-street parking spaces required shall be the minimum
necessary to adequately serve the intended use.
E.
Service alleys for deliveries and utility access shall be established
along rear property lines.
F.
On-street parking is encouraged for nonresidential uses.
G.
The primary means of access to lots shall be via the existing street
corridors to minimize the number of new streets created.
H.
New or in-fill buildings shall be located as close to the front setback
line as possible and in line with existing buildings to maintain the
integrity of the existing building setback line of the street.
The following standards apply to uses in the Neighborhood Business
District:
A.
Professional offices and small businesses shall be encouraged.
B.
Existing tree rows and hedgerows, stone walls, and similar features
shall be retained in the development of any new use or the expansion
of any existing use.
C.
Incorporating small, landscaped front yards shall be encouraged with
any new residential, nonresidential or commercial use.
D.
Developing public parks, commons or small pedestrian plazas with
amenities such as benches and landscaping shall be encouraged.
E.
The adaptive reuse of historic structures is encouraged in such a
way so as to complement the character of the existing Neighborhood
Business Districts.
F.
The number of off-street parking spaces required shall be the minimum
necessary to adequately serve the intended use.
G.
Service alleys for deliveries and utility access shall be established
along rear property lines.
H.
On-street parking is encouraged for nonresidential uses.
I.
The primary means of access to lots shall be via the existing street
corridors to minimize the number of new streets created.
J.
New or in-fill buildings shall be located as close to the front setback
line as possible and in line with existing buildings to maintain the
integrity of the existing building setback line of the street.
[Added 3-9-2015 by L.L. No. 2-2015]
A.
Objective. It is an objective of the Town of Hyde Park, as set forth
in the Town Comprehensive Plan and the Hyde Park Town Center Pedestrian
Study, to revitalize and reinvigorate the historic crossroads of Hyde
Park. The purpose of the district is to acknowledge and preserve the
historical building design and patterns of the district, while allowing
attractive and compatible infill commercial and residential development
which creates a destination place for Town residents and visitors.
Traveling along Albany Post Road approaching the primary intersection,
buildings will get larger, setbacks will get smaller, and intensity
and density of uses will increase, while the entire district will
be joined together by consistent streetscape design. This section
sets forth use and design standards which, once implemented, will
achieve the Town's vision for the CC Zoning District. These standards
are in addition to any standards which may be set forth elsewhere
in this Zoning chapter. Where the regulations of this § 5.11.1
are inconsistent with any other section of this Zoning chapter, this
§ 5.11.1 shall prevail. The photos and images included in
this section are intended to provide sample guidance on the quality
and character of buildings and materials being sought.
B.
Primary intersection. The CC Zoning District extends out from the
primary intersection of Albany Post Road (U.S. Route 9) and Market
Street, and includes properties with frontage on either street. For
purposes of regulating development within the CC District, additional
standards have been established for properties that are within 500
feet of the above intersection, as shown on the Zoning Map,[1] where the intent is to achieve a building pattern that
is consistent with the historic pattern of downtown row buildings
and closely spaced detached buildings that existed in Hyde Park and
elsewhere in the Hudson River Valley.
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
C.
Illustrative Plan. The Hyde Park Historic Crossroads Illustrative
Plan provides an example of the type of environment that the Town
seeks to promote at the primary intersection within the CC District.
Alternative designs can achieve the same objectives, and the Town
encourages creativity in a manner that is consistent with the design
themes expressed in the Illustrative Plan. The following elements
of the Illustrative Plan will guide the Planning Board in the land
use review and decision-making process for the CC District:
(1)
Street rights-of-way shall be designed in a manner that promotes
pedestrian activity and accommodates it safely.
(2)
Usable gathering spaces shall be incorporated as a feature in
the CC District, which should be in the form of a pocket park or green,
enlarged sidewalks for outdoor cafe seating, or similar feature.
(3)
The CC District is governed by design standards which apply
to properties that front to the "primary intersection" within the
CC Zoning District. Frontage on the primary intersection imposes standards
to ensure that the Town's vision of a pedestrian-friendly, central
business district that is consistent with its historic antecedents
is achieved.
(4)
The zoning district allows higher residential density, maximum
impervious surface coverage, and smaller setbacks, and does not regulate
scale, in comparison to other zoning districts, so that an applicant
has the opportunity to realize maximum building development potential,
in the form of residential dwellings and commercial gross floor area.
It is an objective to minimize paved surfaces such as off-street parking,
driveways, and similar spaces by sharing spaces, encouraging on-street
parking, and incorporating landscaping into project design.
(5)
Principal buildings shall be a minimum of two stories, with preference for buildings with three stories, that are designed architecturally to be consistent with existing historic buildings in the district, or that otherwise draw inspiration from historic period vernacular architecture, and which promote a pleasing pedestrian visual environment. This requirement may be waived by the Planning Board as set forth in Subsection G(8) below.
(6)
Streetscape is an important design element of the CC District
and shall be promoted through the use of broad sidewalks, street trees,
planter strips, street furniture, cafe spaces, and similar features.
(7)
A mix of uses is desired, with residential, commercial, and
public spaces all represented in the CC District. Preference is for
a mix of uses to be achieved within buildings, as well within the
overall district.
(8)
It is acknowledged that the CC District is not presently served
by central sewer service. Should septic systems be required in the
absence of central sewer service, systems shall be placed in locations
that still allow the intent and standards to be achieved, e.g., buildings
fronting to the sidewalk, and parking behind proposed buildings.
(9)
A variety of architectural styles and patterns are allowed and
encouraged for new development to ensure that the CC District has
the appearance of having evolved over time.
 |
|---|
|
The image above is an Illustrative Plan for the Crossroads Core
zoning district prepared by the Dutchess County Department of Planning
and Development.
|
D.
Prohibited uses. In order to promote and create a pedestrian and
mixed use, tourism-based environment, the following uses are specifically
prohibited from the CC District:
(1)
Construction yard or building material supply yards;
(2)
Gas stations;
(3)
Automotive sales and automotive repair establishments;
(4)
Car wash;
(5)
Any outdoor storage, where said storage represents more than
20% of a lot, e.g., automotive sales lot;
(6)
Self-storage facility;
(7)
Drive-through facility; and
[Amended 10-5-2020 by L.L. No. 1-2020]
(8)
Adult uses.
E.
Additional use standards. The following standards apply:
(1)
Mixed uses. In order to encourage a mix of uses on a lot, more
than one principal building and more than one principal use shall
be allowed on any lot, subject to all approval criteria contained
herein. Scale is not regulated in the CC District.
(2)
Commercial use required along U.S. Route 9. Nonresidential uses
are required to occupy ground level building space that fronts to
U.S. Route 9 where said space is located within 150 feet of the nearest
point of intersection of U.S. Route 9 and Market Street.
(3)
Townhouses and multiple dwellings. Any lots that front to the primary intersection shall be allowed an additional two dwelling units per acre above the residential density otherwise allowed in the CC District (up to 12 dwelling units per acre), and the residential density shall be calculated on the entire lot area regardless of the amount of lot area which may also be devoted to any nonresidential use(s). Said units, however, shall not be located within that area set forth in Subsection E(2) above.
(4)
Multiple dwellings above ground level nonresidential space. Any lot that fronts to the primary intersection shall be allowed an additional four dwelling units per acre above the residential density otherwise allowed in the CC District (up to a maximum of 14 dwelling units per acre) provided all dwelling units are located above ground level nonresidential space. The Planning Board, in its discretion, may allow multiple dwellings to be located on the ground level, except in that area set forth in Subsection E(2) above, and provided the dwelling units are located on the lot so as not to front directly to the primary intersection. The residential density shall be calculated on the entire lot area regardless of the amount of lot area devoted to any nonresidential use(s).
(5)
Outdoor dining. Restaurants shall be permitted to operate outdoor
cafes on sidewalks and in other outdoor areas provided that safe pedestrian
circulation and building access shall be provided. Where necessary,
an applicant shall obtain approval from the relevant local, county,
or state agency to operate an outdoor dining area on a public sidewalk.
F.
Site plan requirements. In addition to the submission requirements set forth in Section 108-9.4 of this Zoning chapter, the following additional information shall be submitted to the Planning Board, and the Planning Board has authority to approve same in conjunction with site plan approval:
(1)
Master Plan for future development. As set forth in Subsection B above, a parcel may not be able to achieve full build-out until such time that central sewer is made available. The Planning Board may require an applicant to prepare a conceptual Master Plan for the entire parcel whenever an application to subdivide or develop only a portion of a larger parcel is submitted. The development of a Master Plan is intended to ensure that partial development or subdivision of a parcel will not preclude future development consistent with the purposes of this district. Any Master Plan shall be developed at a sufficient level of detail to enable the Planning Board to determine that the present land use application will not impede future development.
(2)
Building elevations and floor plans. Building elevations which
express the architectural design of any new building or building alteration
shall be submitted to the Board, along with information regarding
the materials to be used in building construction. Floor plans shall
be submitted to document the number of dwelling units or gross floor
area of nonresidential space that is proposed.
G.
Building design standards. The following design standards shall apply
to all uses which require site plan approval in the CC District. These
standards shall apply to new construction as well as alterations.
The Planning Board may waive these requirements for the alteration
of existing buildings where it determines that based on the unique
characteristics of the property, or in the interest of preserving
an historic building, a variation in these standards would achieve
the intent of the CC District.
(1)
Architecture. Architecture in the CC District shall draw from
historic precedent, and may be a modern expression of same. The following
architectural styles are or have been expressed in the CC District:
Dutch Colonial Revival, Federal, Greek Revival, Carpenter Gothic,
Gothic Revival, Italianate, Queen Anne, and Second Empire. New construction
and rehabilitation shall reflect traditional architecture in building
and roof forms, window proportions, materials, colors and details.
Architectural features and windows shall be continued on all sides
of the building that are clearly visible from a street or public parking
area to avoid visible blank walls.
 |
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The images above illustrate the historic buildings that are
or were located along the primary intersection frontage. These images
are provided as examples of the types of architecture that prevailed,
and the architectural design details that are encouraged in new building
design, including: properties fronting to the sidewalk, porches and
arcades, cupola provided as visual interest at a street corner, entrances
near intersections, and varied facades.
| |
(2)
Facades. Facades, or the exterior walls of buildings, shall
be built parallel to the street frontage and shall define the public
space along the sidewalk through the use of consistent setbacks along
the street. Where a green or pocket park is proposed adjacent to a
street frontage, buildings shall be constructed parallel to same.
(3)
Windows. All primary windows, with the exception of ground floor
commercial space and small windows such as transom windows, shall
be vertical in proportion and in the case of historic buildings, should
have multiple panes divided by muntins. Mirrored, reflective, or darkly
tinted glass, all-glass walls, and exterior roll-down security gates
shall not be permitted. Ground floor commercial space shall be designed
with storefront windows.
(4)
Awnings. Metal, canvas, and canvas-like awnings are allowed
along street frontages, and may encroach up to six feet into the front
setback and over the sidewalk beginning at a height no less than seven
feet above the sidewalk. Vinyl or aluminum awnings shall not be permitted.
(5)
Primary entrances. The principal pedestrian entrances for the
ground floor of any nonresidential use shall directly front to the
sidewalk. Principal entries to ground level nonresidential uses shall
be highlighted through the use of architectural features such as roofs,
door surrounds such as fanlights and transom windows, recessions into
the facade or other details that express the importance of the entrance.
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This photo provides an example of a primary entrance treatment.
The entrance fronts to the sidewalk, and the entrance is recessed
into the front facade. It also meets minimum 70% transparency on ground
floor guideline.
|
(6)
Public spaces. Buildings with a building footprint of 5,000
square feet or more of gross floor area shall provide for public space
that incorporates amenities such as benches, seats, tables, fountains,
outdoor cafes, sculptures, and/or interpretive historical markers.
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The photo above left illustrates the incorporation of an outdoor
cafe as a public space. The photo above right shows outdoor seating
and tables provided in conjunction with the use.
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(7)
Materials. Vinyl, plastic, aluminum, or sheet metal siding or
trim, exposed concrete blocks, concrete walls, plywood and other similar
prefabricated panels, unpainted lumber, and synthetic stone, synthetic
brick or synthetic stucco is not permitted unless waived by the Planning
Board, where the Planning Board determines that alternative materials
will meet the design objectives of the CC District.
(8)
Roofs and building stories. Buildings shall have sloped roofs,
mansard roofs, or flat roofs with articulated parapets and cornices.
Parapets shall be a minimum of 42 inches high or as may be otherwise
required to conceal mechanical equipment to the satisfaction of the
Planning Board. The Planning Board may require that larger buildings
have a combination of roof types and pitches to achieve design objectives,
e.g., emphasis on verticality of a building's design. Along the frontage
of the primary intersection, buildings shall consist of no less than
two stories with usable floor space on the upper story. The Planning
Board may waive this requirement, where it determines that the proposed
use and building design are consistent with the goals and objectives
of the CC District, and the unique nature of the proposed land use
dictates one story only.
(9)
Screening. All mechanical equipment, whether roof- or ground-mounted,
shall be completely screened from adjacent properties and streets
in a manner that is compatible with the architectural treatment of
the principal building. Refuse containers shall be located to the
rear of a site or building and shall be concealed to the extent feasible
from public view.
(10)
Walls, fences and other enclosures. These structures shall be
constructed of natural materials and shall not exceed a height of
three feet along any street frontage line and in front of the building
line, and six feet along the side and/or rear lot lines. The Planning
Board, in its discretion, may waive this requirement and allow materials
such as vinyl, fiber cement (hardie board) or other man-made material
where it determines allowing such waiver is no less protective of
the aesthetic character of the CC District. Chain link fencing is
prohibited.
(11)
Corner lots.
(a)
Architectural feature. To provide visual interest
at an intersection, the Planning Board, in its discretion, may require
that a corner building be designed with a turret, steeple, clock tower,
widow walk, or other similar feature to provide visual interest, and
said feature may exceed the maximum building height by up to one story.
 |
 |
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The photo above left illustrates a cupola that adds visual interest
to this corner lot. The photo above right illustrates a turret that
has been incorporated into the corner of the building. Also, the right
photo illustrates that a primary entrance is positioned at the street
corner beneath the turret.
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(b)
Entrance. At least one primary entrance to a building
that is situated at the corner of a street intersection shall be located
within 50 feet of the intersection.
 |
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The photo above illustrates a primary entrance located near
the street intersection. It also demonstrates how building mass for
a new building can be varied by changes in setback, shapes (flat to
circular), color, facade details (cornices), and roofline (parapet
addition on right side of building).
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H. 
Primary intersection frontage. The following additional standards
shall apply to buildings on lots that front to the primary intersection,
located at or in proximity to the intersection of Market Street with
Albany Post Road, as shown in red below.
|
The photo above illustrates the primary intersection in red,
and lots that front to it.
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(1)
No less than 70% of the first floor, sidewalk-level story of
a building with nonresidential uses shall be glazed (window area),
allowing views into and out of the interior to create visual interest
at street level. Ground level commercial space design shall be based
on historic precedent. Windows shall be distributed in an even manner
consistent with the rhythm of voids and solids of such historic examples,
with low sills and high lintels consistent with the window proportions
of historic buildings.
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The image to the left illustrates the ground level with a nonresidential
use being designed to include a minimum of 70%.
|
(2)
Front yard setback. The minimum front yard setback, at the discretion
of the Planning Board, may be reduced to zero feet, provided that
the minimum sidewalk width from the curb to the building facade shall
be a minimum of eight feet, inclusive of any street tree or planting
row. In no case shall the sidewalk width be less than five feet.
(3)
A building with a width of 50 feet or wider along any street
frontage shall be articulated, reducing its apparent size. The mass
of a building shall be broken up using a variety of massing changes
and/or architectural details such as changes in building height, divisions
or breaks in materials, window bays, separate entrances and entry
treatments, variation in rooflines, awnings, storefronts, changes
in building height, and sections that project or are recessed up to
10 feet.
 |
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The photo above shows how building mass can be varied through:
changes in roof type (gable front on three-story portions), decorative
elements, (cupola), porch addition at the middle of the facade, change
in number of stories (one story on left, three story, and then two
stories in the middle).
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In the above photo, changes in building mass are more subtle
but effective: changes in rhythm of entrances and windows on ground
floor, and change in dormered roof on the left portion of building
to flat roof with continuation of decorative cornice at the end of
the building to the right. Also, porch railing is provided on second
floor along shorter side of building. An entrance is within 50 feet
of street corner.
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(4)
Land use applications involving lots that are 0.5 acres or larger
in size, or propose a building in excess of 10,000 square feet of
gross floor area, excluding any nonhabitable attic or basement area,
shall provide for a pocket park or green. Said space shall incorporate
amenities such as benches, seats, tables, fountains, cafes, and/or
interpretive historical markers. The location shall be approved by
the Planning Board, which shall utilize the Illustrative Plan and
the Town Comprehensive Plan for guidance.
(5)
Vehicular access. To preserve and promote the safety of the
pedestrian realm and to enhance the aesthetic environment of the streetscape,
the Planning Board shall limit the number of driveway entrances along
the frontage of the primary intersection to the maximum extent. This
may be achieved by any of the following, either singly or in combination:
I.
Pedestrian and vehicular circulation.
(1)
All parking spaces shall be set back at least 40 feet from the
front lot line and screened from view of the street. In no event shall
parking be located closer to a street than the building facade that
fronts to same. Parking area shall be attractively screened from view
of the public street through a combination of fences, walls, and landscaping.
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Landscaping, walls, and fences can be used to screen parking
areas and provide visual interest.
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(2)
Shared parking, on-street parking, and the use of public parking
lots are encouraged. Appropriate legal controls shall be required
to ensure that shared parking is available during the existence of
the use or building.
(3)
Where feasible, a shared secondary road or alley connecting
the rear of parcels is allowed.
(4)
On-street parking in front of a lot may be counted toward minimum
parking requirements.
(5)
Curb cuts shall be limited to one per parcel. Residential driveway
width at the frontage line is limited to 10 feet and commercial driveway
width at the frontage line is limited to 20 feet.
(6)
To facilitate pedestrian movement, sidewalks shall be provided
along streets and within the site and shall connect to adjacent parcels
as deemed appropriate by the Planning Board.
(7)
Garage doors shall not face to the street on which the building
fronts, unless the Planning Board allows, at its discretion, garages
to be recessed behind the street-facing facade.
(8)
Parking accessory to a use in the CC District. As the CC District
includes primarily properties with direct frontage on Albany Post
Road or Market Street, and in places lot depths are limited for purposes
of accommodating on-site parking, the Planning Board, in its discretion,
may approve parking on an adjacent lot located in a district adjoining
the CC District, provided the Planning Board determines the following:
(a)
The lot on which the parking would be situated adjoins the principal
use which it will serve.
(b)
The lot on which the parking would be located is in the same
ownership as the lot in the CC District, and the lots shall be merged
as a condition of approval.
(c)
The Planning Board has determined that parking cannot be accommodated
elsewhere in the CC District, via shared parking, within 500 feet
of the lot to which the parking is accessory. The applicant shall
demonstrate a bona fide attempt was made to share parking with another
use.
(d)
The Planning Board finds that to accommodate parking on the
same lot in the CC District, parking would be located in a manner
inconsistent with these design guidelines, or parking would limit
the ability to maximize development potential within the CC District.
(e)
No other principal or accessory uses allowed in the CC District
shall be extended onto the lot on which parking will be located.
(f)
The parking, including traffic to access the parking area, will
not have an adverse impact on properties adjoining it. The Planning
Board shall require a landscape and fence screen where the parking
would adjoin a lot in residential use, or in a residence district.[2]
[2]
Editor's Note: Former Subsection I(9), Drive-through use,
which immediately followed this subsection, was repealed 10-5-2020 by L.L. No. 1-2020.
J.
Streetscape, landscape and lighting standards.
(1)
Streetscape elements include on-street parking, curbs, street
trees, sidewalks, streetlights, public transit shelters and other
amenities.
(2)
Planters, trees, shrubs, and/or other landscaping shall be provided
to enhance the appearance of the streetscape. Ornamental fencing three
feet in height may be provided to separate privately owned space from
public space. For commercial uses, display areas, and outdoor dining
and seating areas may be provided. Where a comprehensive plan exists
for streetscape improvements, streetscape improvements shall be made
consistent therewith.
(3)
Existing large or significant trees and other natural features
shall be incorporated into the proposed site design to the maximum
extent practicable.
(4)
Any area of a lot not used for buildings, structures, off-street
parking and loading, driveways, walkways or similar purposes shall
be landscaped with native perennials and noninvasive annuals, shrubs,
trees and other ground cover in such manner as to minimize erosion
and stormwater runoff and to maintain or improve the aesthetics of
such development.
(5)
All lighting shall be decorative, dark sky compliant, and shall
not project light above the horizontal plane into the night sky. Lighting
shall complement the landscaping and architectural features on the
site. Lighting shall comply with the maximum height requirements set
forth in § 108-4.5.H(1) of the Zoning Law. Canopy lighting
shall be recessed.
(6)
Lighting accessory to a building shall be of architectural quality
and consistent with the architectural design of the building. Shoebox
fixtures are not permitted. All outdoor lights shall be designed,
located, installed, and directed in such manner as to prevent light
at and across the property lines, except that light spillage is permitted
where it provides safety lighting to adjoining public sidewalks.
[Added 10-5-2020 by L.L.
No. 1-2020[1]]
A.
Objective. In order to implement the goals and objectives expressed
in the 2005 Town of Hyde Park Comprehensive Plan, as amended by the
2018 Planning and Engineering Report for the Redevelopment of the
Town Center, the 2013 Hyde Park Town Center Pedestrian Study, and
a Supplemental Memo entitled "Town Center Vision," the Hyde Park Town
Board hereby creates a new Town Core Zoning District to revitalize
and redevelop the area generally surrounding the intersection of Pine
Woods Road and Albany Post Road (Route 9). The Town Core Zoning District
acknowledges and preserves important and Town-valued historic building
architecture, allows development in accordance with traditional neighborhood
building patterns, and encourages attractive and compatible infill
commercial and residential development with public amenities, which
creates a destination and gathering place for Town residents. The
Town Core Design and Development Standards will guide new development.[2] These standards allow buildings to be larger and yard
setbacks to be smaller, and the intensity and density of uses will
be consistent with traditional rural downtowns in the Hudson River
Valley. The entire TC District will be united by consistent streetscape
design and appropriate pedestrian connections.
[2]
Editor's Note: The Town Core Design and Development Standards are included as an attachment to this chapter.
B.
Applicability.
(1)
Where a determination is made that an application requires site
plan, special use permit, or subdivision approval from the Planning
Board, the Town Core Design and Development Standards shall apply
to the following:
(2)
Except as regulated in Subsection B(3) hereafter, the Planning Board, in its discretion, may require that an application comply with § III, Architectural Patterns, of the Town Core Design and Development Standards, for any application which seeks an expansion or addition to a legally existing nonconforming building pursuant to Article 6 of the Town Zoning Chapter and such application involves the alteration of the existing facade of the building. The Planning Board, however, may waive any requirements in § III which it determines are not relevant or where such waiver would not be detrimental to the objectives of the Town Core Code provisions. A rationale for such waiver shall be provided by the Planning Board.
(3)
A change in use of a lawfully existing building from a nonresidential
use to a residential use or mixed nonresidential/residential use,
shall be subject to § III, Architectural Patterns, of the
Town Core Design and Development Standards. The Planning Board, however,
may waive any requirements set forth in § III which it determines
are not relevant or where such waiver would not be detrimental to
the objectives of the Town Core Code provisions. A rationale for such
waiver shall be provided by the Planning Board.
C.
Design standards. Development within the Town Core Zoning District
is hereby guided by the standards set forth in the Town Core Design
and Development Standards, which is included as a separate Attachment
to this Zoning Chapter.[3] Unless set forth in this § 108-5.11.2, where there is a conflict between this Zoning Chapter and the Design and Development Standards, the latter shall prevail.
[3]
Editor's Note: The Town Core Design and Development Standards are included as an attachment to this chapter.
D.
Prohibited uses.
(1)
In order to promote and create a pedestrian and mixed use, tourism-based
environment, the following uses are specifically prohibited in the
TC District:
(a)
Construction yard or building material supply yards;
(b)
Gas stations, or the principal use of a property for four or
more electric vehicle charging stations;
(c)
Automotive sales and automotive repair establishments;
(d)
Car wash;
(e)
Any outdoor storage, where said storage exceeds 120 square feet
of the lot, or 120 square feet of the use to which it is accessory
where there is more than one principal use or building on a lot;
(f)
Self-storage facility;
(g)
Adult uses;
(h)
Supportive or supervised living facility as those terms are
defined in § 1.03 of the New York State Mental Hygiene Law
under this definition.
E.
Preexisting nonconforming structures.
(1)
Any single-family detached dwelling legally existing on the
effective date of this Zoning Chapter and located in any subarea of
the Town Core Zoning District shall be deemed a conforming structure
and a permitted use and shall be allowed to continue.
(2)
Any building in existence on the effective date of this Zoning
Chapter that becomes a nonconforming structure by virtue of the adoption
of this section may be continued only in accordance with Article 6,
Nonconforming Uses, Structures and Lots.
F.
Site plan requirements. In addition to the submission requirements set forth in § 108-9.4 of this Zoning Chapter, the following additional information shall be submitted to the Planning Board, and the Planning Board has authority to approve same in conjunction with site plan approval:
(1)
Master plan for future development. A property may not be able
to achieve full build-out until such time that central sewer is made
available. The Planning Board may require an applicant to prepare
a conceptual master plan for the entire parcel whenever an application
to subdivide or develop only a portion of a larger parcel is submitted.
The development of a master plan is intended to ensure that partial
development or subdivision of a parcel will not preclude future development
consistent with the purposes of the TC Zoning District. Any master
plan shall be developed at a sufficient level of detail to enable
the Planning Board to determine that the present land use application
will not impede future development in accordance with the Town Core
Design and Development Standards. The Planning Board shall approve,
with modifications, or disapprove the master plan.
(2)
Building elevations and floor plans. Building elevations which
express the architectural design of any new building or building alteration
shall be submitted to the Board, along with information regarding
the materials to be used in building construction. Floor plans shall
be submitted to document the number of dwelling units, dwelling unit
size, bedroom mix, or gross floor area of nonresidential space that
is proposed. This submission is in addition to any renderings required
by the Town Core Design and Development Standards.
G.
Building type waiver permit.
(1)
Any applicant that proposes to construct a development with
a building type(s) that does not comply with a building type set forth
in the Town Core Design and Development Standards may apply to the
Planning Board for a building type waiver permit.
(2)
The Planning Board, in its discretion, may approve a building type waiver permit only where it finds the waiver meets the standards set forth below. The building type waiver permit shall be granted only after a public hearing is held in accordance with the procedures and public notification set forth in § 108-8.3 of this Zoning Chapter. A decision on the building type waiver permit may be made concurrently with any site, special use permit or subdivision plan decision. The Planning Board, in its discretion, may approve the permit where it finds the following:
(a)
The building type shall be consistent with the purposes set
forth in Section 103 of the Town Core Design and Development Standards
to the maximum extent practicable;
(b)
The waiver shall not have a detrimental impact on adjoining
residential uses or the community character of same;
(c)
The waiver is being approved to allow for the appropriate development
of the Town Core zoning district consistent with the Town Core Design
and Development Standards; and
(d)
The waiver will not have a detrimental impact or impede the
development of the remainder of the Town Core zoning district; or
(e)
The specific use is a civic facility, charitable institution, or educational institution or cultural facility specifically allowed by the Zoning Chapter within the TC District and requires a unique building form not included among those herein shown and the Planning Board finds it also meets the requirements of Subsection G(2)(a) through (d) herein.
(3)
Any decision of the Planning Board to waive the building type
standards shall be set forth in writing and made part of the record.
Where a building type waiver permit is granted, the land use application
shall comply with the Corridor Business Zoning District bulk standards
set forth within 108 Attachment 2, Schedule of Bulk Regulations, of
this Zoning Chapter. The Planning Board, in its discretion, can condition
its approval on adherence to other applicable requirements set forth
in the Town Core Design and Development Standards.
[1]
Editor's Note: This local law also redesignated former § 108-5.11.2,
Town Center Historic District standards, as § 108-11.5.3,
Corridor Business District standards.
The following standards apply to uses in the Corridor Business
District:
A.
Establishing mixed-use development shall be the preferred form of
use.
B.
Developing public parks, commons or small pedestrian plazas with
amenities such as benches and landscaping shall be encouraged.
C.
The adaptive reuse of historic structures is encouraged in such a
way so as to complement the historic character of the Corridor Business
District.
D.
The number of off-street parking spaces required shall be the minimum
necessary to adequately serve the intended use.
E.
Service alleys for deliveries and utility access shall be established
along rear property lines.
F.
On-street parking is encouraged for nonresidential uses.
G.
The primary means of access to lots in the Corridor Business District
shall be via the existing street corridors to minimize the number
of new streets created.
H.
New or in-fill buildings shall be located as close to the front setback
line as possible and in line with existing buildings to maintain the
integrity of the existing building setback line of the street.
A.
The Bellefield Planned Development District is to be developed pursuant to a comprehensive development plan for all or a portion of the property, provided that if only a portion is to be developed, the portion to be developed pursuant to a comprehensive development plan shall not be less than 100 acres, except as provided below in § 108-5.12C. Any application for and approval of development in this district shall be conducted pursuant to the provisions of Article 7, Planned Unit Development, except as modified herein. The Bellefield District shall be treated as an overlay district for purposes of as-of-right density and bulk regulations, the underlying district of which for land east of Route 9 is Greenbelt and for land west of Route 9 is Waterfront. Where the applicant owns or controls a parent parcel of less than 100 acres, the waiver provision in § 108-5.12C shall apply. If the applicant owns or controls more than 100 acres, the comprehensive development plan for less than all of the applicant's acreage shall not be permitted to leave out of the plan a lot less than 100 acres in size, as it would create a substandard lot for development in the Bellefield District.
B.
The following standards shall apply in the Bellefield Planned Development
District, in addition to the standards applicable to all PUDs pursuant
to Article 7.
(1)
Uses. In addition to meeting the general purposes of this district as defined in § 108-3.1.1K, developments in the Bellefield Planned Development District shall provide a mixture of uses to:
(a)
Promote tourism-related businesses and build the Town's commercial
tax base.
(b)
Maintain an estate-like setting along U.S. Route 9 complementing
the FDR Home and Valkill National Historic Sites.
(c)
Develop a trail corridor or other transportation link between
the FDR Home and Valkill.
(d)
Support the existing commercial activity in the Corridor Business
District.
[Amended 10-5-2020 by L.L. No. 1-2020]
(e)
Expand the existing mixed use in the Corridor Business District
in a sensitive manner.
[Amended 10-5-2020 by L.L. No. 1-2020]
(f)
Maintain and develop an attractive gateway entrance to the Corridor
Business District at Teller Hill.
[Amended 10-5-2020 by L.L. No. 1-2020]
(g)
Preserve and protect important views and natural features of
the landscape.
(h)
Serve the Mid Hudson region beyond the boundaries of the Town
of Hyde Park.
(i)
Support and enhance safe and efficient pedestrian circulation.
(2)
Density. The permitted bulk regulations and average density
for subdivision of the Bellefield Planned Development District, if
different from the underlying zone, shall be established by the Town
Board.
(3)
Mixed use. A mixture of uses is to be encouraged in the Bellefield Planned Development District. All permitted uses as indicated on the Schedule of Use Regulations (§ 108-5.14) are permitted, subject to approval of the PUD concept plan by the Town Board. Tourist-related facilities are encouraged. No more than 50% of the gross floor area of all development in the district may consist of residential development.
(4)
Open space. Tree rows, hedgerows, stone walls, and similar features
shall be retained when accommodating any new use, for the purpose
of maintaining the rural flavor of the district and conserving the
value of lots. Any required dedication or reservation of a park or
parks for recreation purposes shall be contiguous with other Bellefield
Planned Development open spaces in order to maintain the district's
character.
(5)
Parking. The number of parking spaces provided shall be reasonably
related to the use being served. Parking shall be adequate for the
average daily use, not peak holiday or seasonal demand.
(a)
On-street parking shall be included whenever any improvements
to a street are proposed.
(b)
Large expanses of pavement shall be avoided in favor of dispersed
smaller areas separated by landscaping, plazas and other uses in order
to diminish the visual dominance of automobiles or vacant pavement
over the buildings.
(c)
The primary use of any site shall not be, either visually or
physically, parking or storage of vehicles.
(d)
Off-street parking, other than prescribed, shall be developed
away from Route 9, Route 9G, and St. Andrews Road, and shuttle services
shall be utilized to transport people to frequently visited locations.
(e)
Multilevel parking structures are inappropriate for this district.
(6)
Access. The primary means of access are the corridors established
by streets.
(a)
All streets shall contain a walkway, including sidewalks no
less than five feet in width.
(b)
Vehicular access to a lot shall be via a service alley along
the rear of a lot. Direct access from Route 9 shall be kept at a minimum,
and entrances from Route 9 that are permitted shall be characteristic
of an estate entrance.
(c)
Wherever the impact of the proposed development warrants, the
extension or improvement of identified bicycle routes shall be provided.
(7)
Screening. Any storage other than sheds shall be screened from
all walkways and streets.
(8)
Signs. Signs are subject to regulation under Article 24 of this
chapter.
(9)
Landscaping. The perimeters of any off-street parking or loading
areas shall be generously landscaped, incorporating any required screening.
(10)
Architectural features. New buildings shall not mimic historic
structures that may exist on adjacent lots, but shall be designed
in a manner consistent with the architectural features of such structures
in terms of form, materials, fenestration and roof shape.
(a)
Buildings shall incorporate attractive bays, balconies, cornices,
porches and similar architectural features as well as changes in wall
plane to provide visual interest.
(b)
New and renovated buildings shall utilize creative design to
incorporate the traditional building forms, practices and styles found
in the Town.
(c)
Building facades shall contain a variety of well-articulated
forms, arranged and interrelated in a manner that creates a unified
composition of visual interest.
(d)
New buildings shall utilize natural, recycled or synthetic materials
such as wood, stone, masonry, recycled products and tile to provide
the exterior finishes whenever practicable. Using stone in the manner
characteristic of the major buildings of the Town shall be preferred.
(e)
The major/minor axes of any new building plan form shall be
related to the site frontage in the same manner as existing buildings
in the Bellefield Planned Development District.
(f)
Building facades shall vary one from another, but not excessively
or dramatically.
(g)
The materials and details used on any new building shall present
an appearance in proportion, texture and application that is consistent
with, and of no less quality than, that presented by the majority
of buildings fronting on the same corridor.
(h)
Building height shall be appropriate for an historic area.
(11)
Building location. Buildings and tree plantings shall establish
the spatial definition of streets in the Bellefield Planned Development
District.
(a)
Buildings shall not be located so as to appear secondary to
parking lots or automobile storage areas.
(b)
Any new buildings, structures or parking shall be set back from
Route 9 or Route 9G so as to be visually unobtrusive when viewed from
said roads. Along Route 9, 150 feet shall be the minimum setback for
all structures and parking.
(12)
Protection. Any improvements or other modifications that alter
significant portions of the existing rural and undeveloped landscape,
by clear-cutting, major grading and similar landscape altering activities,
shall be avoided.
(13)
Infrastructure priority. The Bellefield Planned Development
District has no priority for the provision of infrastructure, as infrastructure
will be developed as part of the PUD process.
C.
Waiver.
(1)
The Town Board may waive the requirement that the portion of
the Bellefield Planned Development District to be developed pursuant
to a comprehensive development plan shall not be less than 100 acres,
upon application of an owner of property upon which development would
have been permitted in the district but for the minimum acreage required,
provided the applicant can demonstrate, and the Town Board can find,
based upon competent evidence, that:
(a)
Application of the minimum acreage threshold to the applicant's
property will cause the applicant substantial economic hardship; and
(b)
The proposed development of the property is consistent with
the purposes, standards for the Bellefield Planned Development District
and with the Comprehensive Plan.
(2)
Upon submission of a written application to the Town Clerk by
the property owner seeking a hardship waiver to the one-hundred-acre
threshold, together with the fee set forth in the fee schedule adopted
by the Town Board, the Town Board shall, within 30 days of receipt
of such application, schedule a public hearing on the application
and request a report and recommendation from the Planning Board. The
Planning Board shall provide its report and recommendation to the
Town Board within 30 days of receipt of the Town Board's request,
although the failure of the Planning Board to do so shall not prevent
the Town Board from rendering its final decision on the application.
Notice of the public hearing shall be given at least five days prior
to the hearing by publication in the official newspaper of the Town.
The Town Board shall, within 62 days of the close of the public hearing,
render its decision either granting the application, with or without
conditions, or denying it.
[Amended 7-28-2008 by L.L. No. 3-2008]
A.
Permitted uses.
[Amended 8-24-2009 by L.L. No. 2-2009; 4-11-2011 by L.L. No.
3-2011]
(1)
Principal uses permitted in the St. Andrews District are educational
uses, including both instructional and residential uses associated
with the educational use, lodging facility and conference center.
(2)
Accessory uses permitted in the St. Andrews District are required
off-street parking, parking garages, signs, tennis courts, swimming
pool, health club, spa, restaurant, bar and accessory shops and services
incidental to the principal uses allowed in the district.
B.
District standards.
(1)
Site plan approval from the Planning Board is required for all
new buildings and major site development activities in the district.
(2)
To assure the orderly development of the campus, the educational
institution shall periodically prepare an advisory master plan for
five or more years. This plan may be amended from time to time to
address new or changed circumstances. A copy of each such plan, along
with amendments to it, if any, shall be presented to the Hyde Park
Planning Board and Town Board in a timely manner.
(3)
New and renovated buildings shall incorporate creative designs
that utilize, or are compatible with, existing building forms in the
district and provide visual interest.
(a)
Building facades shall contain a variety of well-articulated
forms, arranged and interrelated in a manner that creates a unified
composition of visual interest.
(b)
New buildings shall utilize natural, recycled or synthetic materials
such as wood, stone, masonry, recycled products and tile to provide
the exterior finishes whenever practicable.
(c)
Building facades shall vary one from another, but not excessively
or dramatically.
(d)
The materials and details used on any new building shall present
an appearance in proportion, texture and application that is consistent
with, and of no less quality than, that presented by the majority
of buildings in the district.
(4)
Views from the Hudson River shall be sensitively addressed in
the design and location of any new building having significant exposure
to the river. Existing tree lines along the banks of the Hudson River
shall be preserved or enhanced.
(5)
New and expanded parking and service areas shall be screened
by berms and/or landscaping from public transportation corridors,
and new or expanded parking areas shall be visually enhanced with
tree plantings to minimize the impact of large open spaces.
(a)
Large expanses of pavement shall be avoided in favor of dispersed
smaller areas separated by landscaping, plazas and other uses in order
to diminish the visual dominance of automobiles or vacant pavement
over the buildings.
(b)
The primary use of any site shall not be, either visually or
physically, parking or storage of vehicles.
(c)
Standalone multilevel parking structures are not appropriate
for this district. Multilevel parking structures shall be underground,
integrated into a development as secondary features of new construction
or integrated into the terrain.
(6)
The number of parking spaces provided shall be reasonably related
to the use being served. Parking shall be adequate for the average
daily use, not peak holiday or seasonal demand.
(8)
Unenclosed storage areas shall be screened from all walkways
and streets.
(9)
Signs are subject to regulation under Article 24 of this chapter.
(10)
Any new buildings, structures or parking shall be set back from
Route 9 so as to be visually unobtrusive when viewed from the said
roads.
(11)
Existing tree lines forming a visual backdrop to and running
parallel to Route 9 shall be preserved or enhanced.
(12)
In the design of new buildings and parking areas, excessive
elimination of the existing wooded and natural landscape shall be
avoided.
C.
Bulk requirements.
(1)
Minimum lot size*: 50 acres.
(2)
Minimum lot width*: 1,000 feet.
(3)
Minimum lot depth*: 1,000 feet.
(4)
Maximum lot coverage*: 25%.
(6)
Minimum dwelling unit dimension: 16 feet.
(7)
Minimum dwelling unit floor area: 400 square feet.
(8)
Maximum building height of accessory structure: 22 feet.
(10)
Maximum guest rooms for lodging facility: 300.
[Added 4-11-2011 by L.L. No. 3-2011]
|
NOTES:
| ||
|---|---|---|
|
*
|
In computing lot size, commonly owned contiguous lots shall,
for zoning purposes, be deemed to be the same lot in determining minimum
lot size requirements.
| |
|
**
|
Yard requirement shall apply only to those yards bordering a
parcel not owned by the educational institution. As to adjoining lots
in a different zoning district, the required setback shall be no greater
than the setback required in that district.
| |
The schedule of permitted uses is located at the end of this
chapter. This schedule shall be used to identify all applicable restrictions
or limitations for a particular use.
The schedule of area and bulk regulations is applicable to the
dimensional requirements for a particular use in a particular district.
It is located at the end of this chapter.
[Amended 8-27-2007 by L.L. No. 10-2007; 10-29-2007 by L.L. No.
12-2007; 8-24-2009 by L.L. No. 2-2009]
The general purpose of regulating nonconforming uses, structures,
lots and vessels is to allow for the continued existence of such uses,
structures, lots and vessels after a zoning change which would otherwise
prohibit such use, structure, lot or vessel, while gradually bringing
everything into conformance by regulating how such uses and structures
can be reestablished, repaired and restored. Additionally, these regulations
allow the nonconforming uses and structures to be physically maintained
and encourage their upkeep so as to preserve safety, functionality
and appearance within the Town.
A.
Nonconforming uses. Except as otherwise provided in this article,
any use lawfully existing at the effective date of this chapter or
any amendment thereto which does not comply with the requirements
of this chapter solely by virtue of said enactment or amendment shall
be deemed a nonconforming use and may be continued as provided herein.
B.
Nonconforming structures. Except as otherwise provided in this article,
any structure lawfully existing at the effective date of this chapter
or any amendment thereto which does not comply with the requirements
of this chapter solely by virtue of said enactment or amendment shall
be deemed a nonconforming structure and may be continued as provided
herein. A one-family or two-family dwelling which does not satisfy
the dimensional requirements of this chapter for the district in which
it is located, but which was not in violation of applicable requirements
when constructed, shall not be subject to the requirements of this
article.
A.
General provisions.
(1)
If a nonconforming use is discontinued (as defined in § 108-6.3B), it shall not thereafter be reestablished except as provided herein, and any future use shall be in conformity with this chapter.
(2)
If the applicant has been prevented from continuing the use during a one-year period due to strike or act of God, the Zoning Board of Appeals may approve the reestablishment of the use if application is made within two years after the one-year period has expired, upon making a finding in accordance with the procedures and standards in § 108-6.3C and D.
B.
A nonconforming use shall be considered discontinued under any one
of the following circumstances:
(1)
For a period of 12 or more consecutive months, the discontinuance
of the use is made obvious by the posting of signs, boarding up of
windows, failure to pay taxes or assessments or other measures which
demonstrate the enterprise is going out of business or the use is
otherwise ending; or
(2)
The building has not been occupied for 12 consecutive months
or more; or
(3)
The nonconforming use has been replaced by a conforming use
or changed to another use under permit from the Town; or
(4)
The equipment and furnishings used in furtherance of the nonconforming
use have been removed from the premises for a period of 12 or more
consecutive months.
C.
Any application for the reestablishment of a nonconforming use which is deemed to have been discontinued in accordance with § 108-6.3A(2) may be reestablished by the Zoning Board of Appeals, provided that the following procedures are strictly adhered to:
(1)
Application for any proposed reestablishment of a nonconforming
use shall be made in writing to the Zoning Administrator.
(2)
The required information and plans, which must accompany the application, shall be the same as specified in § 108-30.7C for a special use permit.
(3)
Upon receipt of an application, the Zoning Administrator must review and judge its completeness in accordance with § 108-30.7C for special use permits. The Zoning Administrator shall forward the application to the Zoning Board of Appeals.
(4)
Before taking action on any such application, the Zoning Board
of Appeals shall give notice and hold a public hearing in the same
manner as required by law for appeals or other matters referred to
it. In acting on any application for the reestablishment of a nonconforming
use or for restoration, repair or rebuilding, the Zoning Board of
Appeals shall have the same powers, duties and responsibilities as
prescribed by law for appeals and other matters referred to it.
D.
In order to permit the reestablishment of the nonconforming use which is deemed to have been discontinued in accordance with § 108-6.3A(2) or for restoration, repair or rebuilding as per § 108-6.4, the Zoning Board of Appeals must first make a finding that such reestablishment, restoration, repair or rebuilding would be in accordance with the following:
(1)
The structure or use will have adequate access for fire and
police protection and will not present a threat to public health or
safety;
(2)
The location and the size of the use structure or vessel, the
nature and intensity of the operations involved in or conducted in
connection with it, the size of the site in relation to it and the
location of the site with respect to streets giving access to it are
such that it will be in harmony with the appropriate and orderly development
of the district in which it is located; and
(3)
The location, nature and height of buildings, walls and fences,
and the nature and extent of existing or proposed plantings on the
site, are such that the use will not hinder or discourage the appropriate
development and use of adjacent land and buildings.
E.
Expansion. The Planning Board may issue a special use permit allowing an expansion of a nonconforming use by up to 50% of its area in gross square feet at the time of the effective date of this chapter, provided that all other requirements for a special use permit can be met and that such expansion does not reduce any nonconforming setbacks by more than 20%. No use prohibited by § 108-4.3D may be expanded.
A nonconforming structure shall not be extended, enlarged, or
structurally altered except as provided below. The expansion of a
conforming use to any portion of a nonconforming structure shall not
be deemed the expansion of a nonconforming structure.
A.
Rebuilding. A nonconforming structure may be rebuilt in the event
of its total or partial destruction, to occupy the same or a lesser
amount of footprint, but may not exceed the original height of the
totally or partially destroyed structure. Such rebuilding shall require
site plan review and approval by the Planning Board.
B.
Expansion. The Planning Board may issue a special use permit allowing an expansion of a nonconforming structure by up to 50% of its area in gross square feet at the time of the effective date of this chapter, provided that all other requirements for a special use permit can be met and that such expansion does not reduce any nonconforming setbacks by more than 20%. No use prohibited by § 108-4.3D may be expanded.
C.
Repair. A nonconforming structure may be repaired or restored to
a safe condition.
A.
A nonconforming use may, upon a finding by the Zoning Board of Appeals in accordance with § 108-6.5B, be changed to another nonconforming use which is of the same or lesser impact, except that no use prohibited by § 108-4.3D shall be permitted under any circumstances. No structure in which a nonconforming use has been changed to a use of lesser impact shall again be devoted to a nonconforming use with greater impact.
B.
In determining whether a use is of greater or lesser impact, the
Zoning Board of Appeals shall consider the following criteria:
(1)
The new use shall not result in excessive off-premises noise,
dust, odors, solid waste or glare, or create any public or private
nuisance.
(2)
The new use shall not cause a significant increase in traffic,
impair pedestrian safety, or overload existing roads. In no case will
a change to another use be allowed which would result in a traffic
increase that would decrease the level of service for the highway.
(3)
The new use shall be suitable for the property on which it is
proposed, considering the size, location, topography, vegetation,
soils, natural habitat, and hydrology, and, if appropriate, its ability
to be buffered or screened from neighboring properties and public
roads.
(4)
The new use shall not pose a threat to public health or safety.
A.
No variance shall be required for development on or for any additions to or other alterations to existing structures on any nonconforming lot of record created prior to the effective date of this chapter, provided that such development, addition or alteration meets the bulk regulations in § 108-5.15 and provided that the following conditions are also satisfied:
(1)
At the time the lot became nonconforming, it did not adjoin
other lots held in the same or related ownership with which it could
be merged to create a conforming or less nonconforming lot, except
where such adjoining lots were created by a subdivision approved by
the Planning Board or duly filed in the Dutchess County Clerk's Office.
For purposes of this section, related ownership includes, but is not
limited to, individuals related by marriage or kinship, individuals
who are members of the same partnership, and corporate entities with
common parent corporate entities or stockholders.
(2)
All Health Department regulations shall be satisfied.
(3)
Any residential use of such a nonconforming lot shall be limited
to a one-family dwelling. This shall not prohibit accessory apartments
from being permitted as long as all other requirements are satisfied.
(4)
A topographical map shall be submitted that includes sufficient
topographical and natural features to allow site evaluation by the
Zoning Administrator and the Building Inspector.
B.
A nonconforming lot may be subdivided only if the subdivision plat
shows that every subdivided portion of such lot will be merged with
adjoining properties to increase the area of such properties, thereby
eliminating the nonconforming lot.
A.
Purpose. The purpose of the PUD Overlay District is to allow the
planned creation of new communities or expansion of existing communities.
Residential and nonresidential uses are a required component of each
PUD. The PUD process is intended to encourage and allow more creative
and imaginative design of land development. The PUD process allows
for substantial flexibility in planning and designing a proposal.
While greater density than the underlying district may be allowed
and more lenient site requirements may be granted, PUD proposals shall
reflect the principles of development set forth in the Greenway Connections
and the Comprehensive Plan.
B.
Objectives. Through proper planning and design, each PUD shall include
features that further, and are in compliance with, the following objectives:
(1)
To allow for the design of new communities that are architecturally
and environmentally innovative, and that achieve better utilization
of land than is possible through strict application of standard zoning
and subdivision controls;
(2)
To encourage land development that, to the greatest extent possible,
preserves natural vegetation, respects natural topographic and geologic
conditions, and does not adversely affect flooding, soil, drainage
and natural ecologic conditions;
(3)
To provide for abundant, accessible, and properly located public
open and recreation space;
(4)
To encourage uses of land that reduce transportation needs and
conserve energy and natural resources to the maximum extent possible;
(5)
To lower development and building costs by permitting smaller
networks of utilities and streets and the use of more economical building
types and shared facilities;
(6)
To promote the combining and coordinating of land uses, building
types and building relationships within a planned development, which
otherwise would not be provided under a conventional zoning district;
(7)
To provide additional convenience and economy in the location
of retail and other commercial enterprises and services, and to provide
a wider range of housing costs and settings for Town residents;
(8)
To promote sensitive development of land adjacent to already
settled areas in order to provide orderly and organic transition from
Neighborhoods to Hamlets, and to create new community centers;
(9)
To allow access by the general public to all streets and public
facilities, without regard to whether such streets and public facilities
are owned by the Town or a community association.
The PUD Overlay District is designed to allow an applicant to
submit a proposal for consideration of any uses or any mixture of
uses permitted by this chapter in any district that are consistent
with the Comprehensive Plan of the Town, and to allow the Planning
Board and the Town Board to approve any proposal which the Town Board
determines to be in the best interest of the public health, safety
and welfare, along with any conditions, requirements or limitations
thereon which the Town Board and the Planning Board deem advisable.
Final approval of a PUD proposal rests with the Town Board. However,
no PUD shall be eligible for approval unless the following minimum
conditions are met:
A.
Minimum area and density. In the Greenbelt and Waterfront Districts, the minimum area required for a PUD proposal is 40 acres. In the Neighborhood, Hamlet, Business Districts, Landing Districts and Cores, the minimum area required for a PUD proposal is 20 acres. In the Bellefield Planned Development District, the minimum area required for a PUD proposal is 100 acres. All residential density increases above the underlying density maximums shall be subject to review and approval by the Town Board. In determining base densities for all residential components of a proposed PUD, the proposed total acreage for all nonresidential uses shall be subtracted from the total PUD acreage. (Note the additional factors for Greenbelt and Waterfront calculations in § 108-5.15.) The remaining acreage shall then be used to determine the maximum number of dwelling units for the residential component of the PUD.
B.
Not less than 30% and not more than 50% of the gross square feet
of the floor space of the proposed development shall be for nonresidential
uses. All such nonresidential uses shall be clustered within a center.
[Amended 8-24-2009 by L.L. No. 2-2009]
C.
Open space. A minimum acreage of 30% of the total PUD acreage shall
be designated as open space for all PUD proposals.
D.
Configuration. The lot or lots for which the PUD proposal is made
shall be contiguous and with sufficient width and depth to accommodate
the proposed use.
E.
Unified control/ownership. All land included for the purpose of development
within a PUD shall be under the unified control of the applicant for
such PUD, whether the applicant be an individual, partnership, corporation,
or other entity, and shall be planned and developed as a whole in
a single development operation or a definitely programmed series of
development operations or phases. The applicant shall provide the
Zoning Administrator all of the necessary documents and information
that may be required by the Town Attorney to assure the Town that
the development project may be lawfully completed according to the
plans sought to be approved.
F.
Phasing. If the development is to be phased, residential and nonresidential uses shall be included in each phase of the development to assure that each phase maintains the percentage balance of residential and nonresidential uses required by the Town Board in its approval of the PUD concept plan. (See § 108-7.3B below.)
A PUD application shall include a PUD concept plan. The PUD
review process will be coordinated between the Planning Board and
the Town Board. The review process consists of the following steps:
A.
Preapplication conference. A request for a preapplication conference
shall be submitted, along with the appropriate preapplication fee,
to the Zoning Administrator. The intent of the preapplication conference
is for the applicant to obtain a general awareness of the Town's planning
rationale, the compatibility of the proposed PUD with existing and
anticipated land uses in the vicinity, and a familiarity with the
Town's PUD procedures. The conference assists the applicant in determining
the suitability of a proposed PUD in the proposed location, without
incurring the expense of preparation of a PUD concept plan. The conference
will be an informal meeting with the Town Board at a workshop session,
open to the public, and included on its agenda in advance of the meeting.
The Planning Board shall be invited to attend this conference. The
preapplication conference is mandatory, but does not require the filing
of a PUD concept plan or plat.
B.
PUD concept plan submission. A PUD concept plan is a detailed plan that shows the proposed use and scale, density and intensity of use for all uses of all lands within the PUD in accordance with the information requirements in subsections §§ 108-7.4 and 108-30. An application for approval of the PUD concept plan shall be submitted, along with the appropriate application fee, to the Zoning Administrator as set forth in the current fee schedule adopted by the Town Board. The Zoning Administrator shall ascertain that all filing requirements have been met and if so shall forward the application document simultaneously to the Town Board and the Planning Board. If the PUD is to be phased, a PUD concept plan for each phase shall be submitted as part of the initial submission.
C.
Planning Board review of PUD concept plan. The Planning Board shall review the application for compliance with the standards set forth in § 108-7.5 of this chapter. At its first regular meeting after timely submission of an administratively complete application, the Planning Board shall entertain a presentation of the project by the applicant, review the application materials and the PUD concept plan, and review the EAF or DEIS submitted by the applicant. All PUD applications shall be considered Type I actions under SEQRA requiring coordinated review. The Planning Board shall be lead agency for purposes of SEQRA review. At is first meeting, the Planning Board shall determine all other involved agencies, including the Town Board, based on the material submitted by the applicant, and shall resolve to circulate a lead agency letter to all other involved and interested agencies as required by SEQRA. Upon completion of its SEQRA review, the Planning Board shall forward a report to the Town Board of the Planning Board's findings and recommendations regarding the PUD concept plan. The Town Board and the Planning Board are encouraged to hold joint meetings during the PUD concept plan and SEQRA review. The Town Board may hold separate workshop meetings on the PUD concept plan, or may attend the Planning Board meetings.
D.
Town Board action on the PUD concept plan. Within 62 days of receipt of the report of the Planning Board on the PUD concept plan, the Town Board shall hold a public hearing on the proposed PUD concept plan, which public hearing may be combined with a public hearing on the DEIS held by the Planning Board. Public notice shall be required in the same manner as provided in § 108-8.3C. The Town Board shall, within 62 days of the close of the public hearing, approve, approve with conditions, or disapprove the PUD concept plan, provided that the Planning Board has first completed the environmental review process under SEQRA. The decision of the Town Board shall be final and shall be supported by written findings. The decision of the Town Board shall be forwarded to the Planning Board for further action. If the PUD concept plan is disapproved, there shall be no further proceedings by the Planning Board. If the PUD concept plan is approved or approved with conditions, the Planning Board shall proceed in accordance with such determination.
E.
Planning Board review of final development plan. Upon receiving the
Town Board's approval, with or without conditions, the applicant shall
submit a final development plan, in the same manner and level of detail
as a site plan, to the Planning Board for approval. If the development
is to be phased, the final development plan shall include a development
plan for each phase. The final development plan is a detailed development
plan prepared to scale showing accurately and with complete dimensioning
the boundaries of a site and the location of all buildings, structures,
land uses, and principal site development features. The submittal
requirements are set forth in the following section.
F.
The time within which the Planning Board or Town Board must render
its decision may be extended by mutual consent of the applicant and
the Planning Board or Town Board.
A.
PUD concept plan. A PUD concept plan shall consist of the graphic
and/or textual information itemized below. Adjustments to this information
can be made at the preapplication conference.
(1)
A general plan for the use of all lands within the proposed
PUD. Such plans shall indicate the general location of residential
areas (including density and unit types), open space, parks, passive
or scenic areas, and commercial and other nonresidential areas (including
building square footage and height).
(2)
A plan of vehicular and pedestrian circulation showing the general
locations and right-of-way widths of roads, sidewalks, the capacity
of the system and access points to the external and internal thoroughfare
network.
(3)
Quantitative summary of land uses (maximum acres, maximum nonresidential
building square feet, and maximum number of residential dwelling units).
(4)
A report justifying the approval of the PUD, including:
(a)
Identification of each use consistent with the use classifications
of this chapter.
(b)
The proposed scale, density and intensity of use applicable
to each such use.
(c)
The manner in which the PUD supports and is consistent with
the statement of land use policies, principles and guides in the Greenway
Connections, and the other purposes of this chapter.
(d)
The manner in which the PUD is suitable for the particular underlying
district and compatible with the character of the underlying district.
(e)
The manner in which the physical improvements will satisfy the
site development standards applicable to the district in which the
proposed use is located, and will comply with the standards for such
district.
(5)
A detailed description of the proposed development, including:
(a)
The total acreage of the project, the density of the underlying
district and the number of dwelling units allowed by the underlying
district.
(b)
The number of acres proposed to be developed in the various
categories of land shown on the PUD concept plan, the percentage of
total acreage represented by each category of use and each component
of development, and an itemized list of uses proposed for each of
the components which shall be the range of uses permitted for that
section of the PUD.
(c)
The number and type of dwelling units proposed for the overall
site and for its components, including dwelling-unit-per-acre calculations
and population projections for each or, for nonresidential projects,
the gross square footage devoted to each land use.
(d)
The proposed development standards that shall govern the site
and development such as lot shape and size, internal streets and walkways,
open space provisions, off-street parking, buffers and landscape areas.
(e)
A program for the operation and maintenance of the areas, facilities
and improvements for common use by some or all of the occupants of
the development, but which will not be provided, operated or maintained
by the Town at public expense.
(f)
An existing conditions map that includes:
[1]
A legal description and boundary survey signed and sealed by
a registered land surveyor.
[2]
The name of the PUD, owner, subdivider/lessee/optionee (if applicable)
and address and phone number of each, surveyor and engineer of record,
and date of drawing.
[3]
The scale, date, North arrow, and general location map showing
the relationship of the site to external uses, structures and features.
[4]
Boundaries of the subject property, all existing streets, buildings,
watercourses, easements, municipal boundaries, and important physical
features.
[5]
Existing topography referenced to a current datum as required
by the Town Engineer.
[6]
The location and size of all existing drainage facilities and
a utility concept plan.
[7]
Information about the existing vegetative cover and general
soil types, and their appropriateness for the proposed PUD.
[8]
The location and function of all other existing public facilities
which would serve the residents of the PUD, including but not limited
to schools, parks and fire districts. Notation of this information
on a scaled map is acceptable.
(6)
Full environmental assessment form or DEIS.
B.
Final development plan. The submittal requirements for the final
development plan shall include:
(3)
An application for a major subdivision meeting the requirements for preliminary and final plat approval and accompanying data set forth in § 96-20 of Chapter 96 of this Code, together with the subdivision fees required by Chapter 96 of this Code. The PUD concept plan shall serve as the accepted sketch plan.
(4)
The Town Board resolution approving the PUD concept plan.
(5)
In the event that a final development plan is not submitted
to the Planning Board for approval within two years of the date of
the approval of the concept plan, the Town Board in its discretion
may revoke its approval of the concept plan and require the applicant
to refile for approval of its PUD concept plan.
[Added 10-17-2016 by L.L.
No. 9-2016]
A.
In reviewing the concept plan and the final development plan, the
reviewing board shall apply the general requirements set forth in
this article, as well as Article 4 of this chapter and the standards
for the underlying district set forth in Article 5, unless the reviewing
board, subject to final Town Board approval, determines that alteration
of those standards in the context of the PUD would better protect
the public health, safety and general welfare and carry out the purposes
of the Comprehensive Plan of the Town and the Greenway Connections.
B.
In addition to the standards set forth above, no PUD may be approved
by the Town Board unless it meets the following standards:
(1)
The proposed PUD must support and be consistent with the statement
of land use policies, principles and guides in the Greenway Connections.
(2)
The proposed PUD must be suitable and compatible for the particular
underlying district.
(3)
The proposed PUD must be compatible with the character of the
underlying district with particular regard for the visual, aesthetic,
safety and traffic impacts.
(4)
Any physical improvements in the proposed use must satisfy the
site development standards applicable to the underlying district in
which the proposed use is located, and with the standards for such
underlying district.
(6)
Bicycle paths shall be included in such proposed development
based on the following:
A.
Approval of a PUD concept plan by the Town Board shall be considered
a binding commitment on the applicant and all subsequent owners to
adhere to such plan in the final development plan review and approval
process. A PUD concept plan approval does not in any way require the
applicant to proceed with the approved plan.
B.
A final development plan shall be approved in the same form and manner as a site plan pursuant to § 108-9.4, and the provisions therein shall be fully applicable to such approvals. Any approval of a PUD concept plan or final development plan shall incorporate the findings required under SEQRA and shall be made in written form that includes each of the following:
(1)
Identification of each use consistent with the use classifications
of this chapter;
(2)
The maximum scale and density applicable to each such use;
[Amended 8-24-2009 by L.L. No. 2-2009]
(4)
The manner in which the proposed plan is found to be suitable
for the particular underlying district;
(5)
The manner in which the physical improvements will satisfy the
site development standards applicable to the underlying district in
which the proposed use is located, and will comply with the standards
for such district;
(6)
The particular elements of a site plan that are subject to Planning
Board approval during site plan review;
(7)
Any conditions which shall become restrictions for the approved
PUD concept plan with the same force as if they were included in Article
5;
(8)
Any required dedication or reservation, which must include a
determination that such dedication or reservation is related both
in nature and extent to the impact of the proposed project; and
(9)
Modifications of site development elements necessary to ensure
that any physical improvements meet the standards established in Article
5 for the particular underlying district.
C.
Any disapproval of a final development plan must be in writing and
must address the specific reasons for the disapproval.
D.
Expiration. A final development plan approval shall be deemed to
authorize only the particular uses specified in such approval and
shall expire if substantial construction of the final development
plan is not commenced within two years from the date of the final
signature of the plan maps. The Planning Board may, at its discretion,
after conducting a public hearing, grant an extension to an approved
final development plan. The applicant shall submit a written request
60 days prior to the date of expiration of the final development plan
approval, requesting an extension for a specified time and the reason
therefor. In granting the extension, the Planning Board may require
revision of the previously approved final development plan to comply
with current regulations and conditions. The Planning Board shall
render a decision, in writing, to the applicant and the other appropriate
agencies within 45 days of closing the public hearing. The time within
which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Planning Board.
Pursuant to § 274-b of the Town Law and Article 33
of this chapter, and in accordance with the procedures, standards
and conditions herein specified, the Planning Board is hereby authorized
to grant special use permits for the establishment of one or more
of the uses for which a special use permit must be secured as specified
in this chapter. Under the authority of § 10 of the Municipal
Home Rule Law, this section supersedes § 274-b of the Town
Law.
B.
Prior to the submission of any application for a building permit
or certificate of occupancy for any use requiring a special use permit
under this chapter, an application shall be made to the Zoning Administrator
for a special use permit in the manner and form specified in Article
30 of this chapter, together with the fee set forth in the fee schedule
adopted by the Town Board.
C.
Any revision of an approved special use permit or any reconstruction,
enlargement, extension, moving or structural alteration of an existing
special use shall require approval and submission of a new application
for approval.
D.
All buildings, structures and uses that require a special use permit
under this chapter must also obtain site plan approval pursuant to
Article 9 of this chapter.
A.
Application. Any application for a special use permit shall be in
the manner and form prescribed in Article 30, Enforcement, of this
chapter.
B.
SEQRA.
(1)
Any use requiring a special use permit shall be deemed to be
either a Type 1 or unlisted action.
(2)
If there is any other involved agency, the action shall undergo
coordinated review and the Planning Board shall serve as the lead
agency.
(3)
An application for a special use permit shall not be deemed
complete until the Planning Board or another involved agency serving
as lead agency shall have adopted a finding of no significant adverse
environmental impact (negative declaration) or until a DEIS has been
accepted by the lead agency as satisfactory with respect to scope,
content and adequacy.
C.
Public hearing. A public hearing shall be required for every special
use permit. The public hearing and official notice shall comply with
the requirements of § 274-b of the Town Law, and may be
combined with a public hearing held pursuant to SEQRA. The notice
shall contain an agriculture data statement if required by § 283-a
of the Town Law. The Planning Board shall mail notice of said hearing
to the applicant and to the owners of the properties within 150 feet
of all property lines of the proposed special use permit at least
10 days before said hearing and shall give public notice of said hearing
in a newspaper of general circulation in the Town at least five days
prior to the date thereof.
D.
Area variance. Where a proposed special use permit contains one or
more features which do not comply with the regulations of this chapter,
application may be made to the Zoning Board of Appeals for an area
variance pursuant to Article 33 of this chapter without the necessity
of a decision or determination by the Zoning Administrator.
A.
The Planning Board may grant a special use permit, provided that
it finds that all of the following conditions and standards have been
met for each proposed use and/or structure:
(1)
Will comply with the applicable requirements contained in Articles
4 and 5 of this chapter, will be consistent with the purposes of the
district in which it is located and has been given due consideration
by the Planning Board.
(2)
Will be consistent with the purposes of this chapter set forth in § 108-1.4.
[Amended 8-24-2009 by L.L. No. 2-2009]
(3)
Will not result in excessive off-premises noise, dust, odors,
solid waste or glare, or create any public or private nuisances.
[Amended 8-24-2009 by L.L. No. 2-2009]
(4)
Will not cause significant traffic congestion, impair pedestrian
safety, or overload existing roads, considering their current width,
surfacing, condition, and any proposed improvements made to them by
the applicant.
(5)
Will be suitable for the proposed action considering the property's
size, location, topography, vegetation, soils, natural habitat, hydrology,
hydrogeology and, if appropriate, its ability to be buffered or screened
from neighboring properties and public roads.
(6)
Will be subject to such conditions on operation, design and
layout of structures and provision of buffer areas as may be necessary
to ensure compatibility with surrounding uses and to protect the natural,
historic and scenic resources of the Town.
B.
In addition to the above, any proposed accessory apartment will comply
with the following provisions:
[Amended 8-24-2009 by L.L. No. 2-2009]
(1)
The owner(s) of the one-family lot upon which the accessory
apartment is located shall occupy at least one of the dwelling units
on the premises;
(2)
The apartment shall be clearly subordinate to the one-family
dwelling unit. The floor area devoted to the apartment shall be no
more than 35% of the gross square feet of the existing one-family
dwelling unit prior to the creation of the accessory apartment;
(3)
The number of bedrooms in the apartment shall be not more than
two;
(4)
The floor area of the apartment shall be greater than 400 square
feet;
(5)
An accessory apartment shall be considered in density calculations;
(6)
The apartment and one-family dwelling must have a safe and proper
means of entrance, clearly marked for the purpose of fire safety and
mail service;
(7)
All County Department of Health regulations shall be met;
(8)
No special use permit shall be granted in any case where the
County Department of Health has determined that the water or sewage
system serving the dwelling or dwellings in question is for any reason
not capable of handling the additional demand that would be imposed
upon it in the event the special use permit was issued thereunder;
(9)
Stairways leading to any floor or story above the first floor
shall be located within the walls of the building. Any fire escapes,
when required, shall be located on the rear wall in preference to
either side wall. In no instance shall a fire escape be located on
any wall fronting on a street;
(10)
The requirement for site plan approval for special permits shall not apply to special permits under this Subsection B unless the accessory apartment is proposed to be located in a detached structure;
(11)
All accessory structures which contain dwelling units must comply with the § 108-5.15, Schedule of Bulk Regulations; and
(12)
The certificate of occupancy for the accessory apartment shall
clearly identify such dwelling unit and its floor area.
The Planning Board may approve the application, approve it subject
to modifications, or disapprove the application.
A.
Decision. Any decision by the Planning Board to grant or deny a special
use permit shall include either a negative declaration of environmental
significance or a written findings statement consistent with the requirements
of SEQRA. In making its decision, the Planning Board shall be guided
by the statement of policies, principles and guides set forth in the
Greenway Connections. In addition, it shall contain a statement of
its findings regarding the appropriateness of the use so authorized
and the conditions required in the special use permit, or its reasons
for denial. In granting any approval, the Planning Board shall impose
any conditions that may be necessary to ensure that the proposed use
will be compatible with its surroundings.
[Amended 8-24-2009 by L.L. No. 2-2009]
B.
Filing. Within five business days from the date of adoption of a
resolution approving the special use permit, the Chairman or other
duly authorized member of the Planning Board shall cause a copy of
such resolution to be filed in the Office of the Town Clerk with an
additional copy of such resolution delivered to the Zoning Administrator.
C.
Conditions. The Planning Board shall attach to the special use permit
such conditions and restrictions as are deemed necessary. Upon its
granting of said special use permit, any such conditions must be met
in connection with the issuance of permits by applicable enforcement
agents or officers of the Town.
D.
Expiration. A special use permit shall be deemed to authorize only
the particular use or uses specified in such permit and shall expire
if:
(1)
A certificate of occupancy is not issued within two years from
the date of approval of such special use permit;
(2)
The certificate of occupancy is revoked for any reason;
(3)
The authorized use or uses shall cease for more than one year
for any reason; or
(4)
The required improvements are not maintained and all conditions
and standards complied with throughout the duration of the use.
E.
Revocation. In accordance with the provisions of Article 32, a special
use permit may be revoked.
[Added 6-10-2024 by L.L. No. 3-2024]
A.
Purpose and intent. The purpose of this section is to impose regulatory
requirements on various cannabis establishment uses (as defined herein)
authorized and licensed by the state pursuant to state law. This section
imposes regulatory requirements on cannabis establishments in addition
to any other business license and regulatory requirements imposed
on cannabis establishments by applicable state law.
B.
CANNABIS
CANNABIS ESTABLISHMENT
CANNABIS PRODUCT
DELIVERY
INDIRECT RETAIL SALE
LICENSE, STATE
LIMITATION USES
MEDICAL CANNABIS
MICROBUSINESS
OPERATOR
OWNER
PERSON
RETAIL SALE
RETAILER
Definitions. Where the definitions herein derive from New York State's
Cannabis Law (CAN) § 3, should those definitions in CAN
§ 3 be modified or added to, such amendments shall be applicable
to any term herein, whether or not formally adopted by the Town. Should
any definition be deleted from CAN § 3 or invalidated, the
definition set forth herein shall remain in effect. Any definition
included herein which does not appear in CAN § 3 shall remain
in full force and effect.
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. It does not include
hemp; cannabinoid hemp or hemp extract as defined by this section
or any drug products approved by the federal Food and Drug Administration.
Any business wherein a person, persons, or entity operates
a facility which engages in, or functions for the purpose of, the
distribution, indirect retail sale, microbusiness, or retail sale
trade in any cannabis product or cannabis-infused product, as each
of those terms are defined herein.
Cannabis, concentrated cannabis, and cannabis-infused products
for use by a cannabis consumer.
The direct delivery of cannabis products by a retail licensee,
microbusiness licensee, or delivery licensee to a cannabis consumer.
To give any cannabis, cannabis product, cannabinoid hemp,
hemp extract product, or any product marketed or labeled as such by
any person engaging in a commercial business venture or otherwise
providing or offering goods or services to the general public for
remuneration for such goods and/or services, where any such cannabis,
cannabis product, cannabinoid hemp or hemp extract product, or any
product marketed or labeled as such, accompanies a) the sale of any
tangible or intangible property; or b) the provision of any service,
including, but not limited to, entry to a venue or event, or a benefit
of a membership to a club, association, or other organization.
All written authorizations, permits or licenses as provided
under state law permitting persons to engage in a specified activity
authorized pursuant to state law.
Any of the following uses as they are defined in the Town
Code: civic facility, day camp, day-care center, educational institution
(excluding colleges and universities as defined in NY Education Law
§ 2, Subdivisions 2 and 3), municipal use, nursery school,
or religious use. Notwithstanding the foregoing, state or federally
owned land or uses operated by the state or federal government shall
not be considered a limitation use. Nothing herein shall be deemed
to allow location of a cannabis establishment in violation of any
state limitation of location.
Cannabis, as defined in state law, intended for a certified
medical use, as determined by the Board in consultation with the Commissioner
of Health.
A licensee that may act as a cannabis producer for the cultivation
of cannabis, a cannabis processor, a cannabis distributor and a cannabis
retailer under this section, provided such licensee complies with
all requirements imposed by this section on licensed producers, processors,
distributors and retailers to the extent the licensee engages in such
activities.
A person or entity who is a cannabis establishment owner,
operator or manager licensed pursuant to state law and by the Town
in accordance with this section.
A person or entity which has any ownership interest in a
cannabis establishment, including all members or shareholders of any
such entity.
An individual, institution, corporation, government or governmental
subdivision or agency, business trust, state, trust, partnership or
association, or any other entity.
To solicit or receive an order for, to keep or expose for
sale, and to keep with intent to sell, made by any licensed person,
whether principal, proprietor, agent, or employee, of any cannabis,
cannabis product, cannabinoid hemp or hemp extract product to a cannabis
consumer for any purpose other than resale.
Any person who sells at retail any cannabis product, the
sale of which a license is required for under the provisions of this
section.
C.
Applicability and compliance. Cannabis establishment uses shall be
permitted only in compliance with the requirements of this chapter,
state law, all applicable requirements of this Code, including a state
license, and a retail cannabis special use permit pursuant to this
chapter. Nothing herein shall be deemed to limit, abrogate, or modify
any provision of state or local law pertaining to cannabis establishments,
and wherever there is any conflict between the provisions herein and
any other applicable state or local law, the more restrictive law
or code shall be deemed to apply to the cannabis establishment unless
prohibited by law.
D.
Limitations on use.
(1)
Cannabis establishment uses shall only be allowed:
(a)
By retail cannabis special use permit, subject to all generally applicable provisions of § 108-8 of this Code as well as all specific standards of this § 108-8.6. Limitations on use and all standards applicable to cannabis establishments in this § 108-8.6 shall be in addition to any applicable federal, state, or local law, rule, regulation or code, and where such standards shall conflict, the more restrictive standard shall apply. The retail cannabis special use permit shall be a type of special use permit as contemplated by this chapter, and not an additional permit;
(b)
In the NBD Zoning Districts; and
(c)
On lots with frontage on a state road or highway.
(2)
Land use buffers. No retail cannabis special use permit shall
be issued for a cannabis establishments within 500 feet of a limitation
use.
(3)
Distance between cannabis establishments. No retail cannabis
special use permit shall be granted for a cannabis establishment within
one mile of another licensed cannabis establishment.
(4)
The distances set forth in this section shall be measured as
set forth in Section 119.4(f) of Title 9 of the New York Codes, Rules
and Regulations, as same may be amended.
(5)
Nonconforming locations. Cannabis establishments which become
nonconforming after the issuance of a retail cannabis special use
permit due to the establishment of any of the limitation uses within
the land use buffers listed in this section may continue to operate
as long as the business's state license remains valid. If either
their state or retail cannabis special use permit lapses, or if for
any other reason the cannabis establishment ceases operation as such
for a period of six months or more, the cannabis establishment use
shall no longer be considered a prior nonconforming use in that location.
E.
Town notification information.
(1)
All applications for this retail cannabis special use permit
shall require applications for, and approvals in accordance with,
site plan review as well as the standard retail cannabis special use
permit application, and shall contain the following information:
(a)
Identifying information for ownership and operators. The name
and address of each cannabis establishment owner and operator, as
each is defined herein, and an explanation of the legal form of business
ownership.
(b)
Additional identifying information for owners and operators.
Each cannabis establishment owner and operator shall provide a home,
work, and cell phone number, as well as their home and business address.
Cannabis establishment owners and operators must meet the following
qualifications:
[1]
Operators must be 21 years of age or older.
(c)
Proof of state license compliance. A description of the specific
state cannabis license(s) or permits that the applicant has obtained
or plans to obtain. The applicant shall describe how the business
will meet the state licensing requirements.
(d)
Certificate of insurance. A certificate of insurance demonstrating
ability to comply with the industry standard insurance requirements.
(e)
Proof of distance. A location map confirming the necessary distance
between cannabis establishments and public uses (as defined herein)
and between each cannabis establishment in the Town.
(f)
Signature of applicant(s) and property owner(s). The application
shall be signed by all applicants, certifying, under penalty of perjury,
that all information submitted as part of the application process
is, to the best of the applicant's knowledge, true, accurate,
and complete. The application shall be signed by all property owners
of the location where the cannabis establishment will be located,
certifying that the property owner(s) has/have reviewed the application
and approves the use of the property for the purposes stated in the
application. The signatures shall be notarized.
(g)
Hazardous materials. To the extent that the applicant intends
to use any hazardous materials in its operations, the applicant shall
provide a completed building occupancy classification form identifying
all hazardous materials proposed for storage, use or handling on the
premises, including compressed and cryogenic gases such as carbon
dioxide, nitrogen, and others. "Hazardous materials" includes any
hazardous substance regulated by any federal, state, or local laws
or regulations intended to protect human health or the environment
from exposure to such substances.
(h)
Security plan.
[1]
The application shall contain a signed sworn statement confirming
that the applicant has submitted a site security plan conforming to
the requirements of the State of New York with respect to such establishments
and shall file its site security plan with the Town of Hyde Park Police
Department, which plan shall include motion-sensored security cameras
capable of recording activity on the premises, including entry points
to the property, and within all buildings and structures on the premises,
including all entrances, exits, perimeter windows and all areas where
customers and employees may have access, with the exception of any
restroom area. Security cameras shall record 24 hours per day, seven
days per week. The premises shall be equipped with, and at all times
be monitored by, a secure web-based surveillance system. The camera
and recording system must be of adequate quality, color rendition
and resolution to allow the ready identification of an individual
committing a crime on the premises and the ability to capture license
plates entering and exiting the premises.
[2]
All site security plans shall be held in a confidential file,
exempt from FOIL.
[3]
Alarm and video surveillance. The operator shall provide the
Chief of Police remote access of any on-site web-based video surveillance
to monitor remotely at any time. The Town will only monitor video
surveillance for law enforcement purposes related to in-progress or
past crimes committed on the premises of a cannabis establishment.
[4]
Additionally, surveillance video shall be kept for a minimum
of 60 days in a format that can be easily accessed for viewing. Operators
shall be required to cooperate with all law enforcement investigations
and provide video footage related to any such investigation upon request.
All surveillance equipment, records and recordings must be stored
in a secured area that is only accessible to management staff. Operators
must keep a current list of all authorized employees who have access
to the surveillance system or alarm system.
[5]
An operator shall maintain up-to-date and current contracts
on the premises that describe the name of any alarm installation company
and the name of any monitoring company. All monitoring companies shall
be licensed as such by the state.
[6]
All security measures installed on the premises shall have the
capability to remain fully operational during a power outage.
[7]
Weapons and firearms are prohibited on the premises, unless
authorized by the Chief of Police. This provision shall not apply
to public officials engaged in official duty.
[8]
All structures used for a cannabis establishment use shall have
locking doors, with commercial-grade nonresidential locks, to prevent
free access.
[9]
Except for limited amounts of cannabis used for display purposes,
samples, immediate sales, and other authorized uses, all cannabis
and cannabis products shall be stored in a secured and locked room,
safe, or vault that meets approval of the Chief of Police. To the
fullest extent possible, all cannabis and cannabis products shall
be kept in a manner that prevents theft and loss, except for limited
amounts used for the purposes of display or immediate sales.
(2)
Operators shall be subject to a background investigation by
the Chief of Police at the time of application for a permit. Home
address and phone numbers shall be confidential and shall not be subject
to FOIL.
(3)
Fees. The applicant shall pay all fees associated with any required
Town permit or approval necessary in connection with the proposed
use, including, but not limited to, fees associated with building
code, site plan review, special use permits, variances or other land
use permit or approval, as well as those fees set forth in the Fee
Schedule of the Town Hyde Park as presently in place or hereafter
adopted or amended.
F.
Application process. All applications for this retail cannabis special
use permit shall require simultaneous applications for site plan review
as well as the standard retail cannabis special use permit application.
If any area variances are required for an application, such application
shall be made to the Zoning Board of Appeals simultaneously as well,
and any applicable application shall be processed concurrently in
a coordinated review. In addition, applicants shall comply with the
following application requirements:
(1)
Applications for this retail cannabis special use permit and any other land use application required by this Code for the project shall be made simultaneously to the Zoning Administrator. Notwithstanding the provisions of § 108-8.4 generally providing that the Planning Board issues special use permits, with respect to retail cannabis special use permits, the Town Board shall have the authority to issue retail cannabis special use permits.
(2)
The application(s) will be referred to the Planning Board for site plan review and for its review and recommendation on the retail cannabis special use permit. In making its recommendation, the Planning Board shall consider the criteria applied to the review of any special use permit as set forth in § 108-8, as well as the provisions of this section, and may include recommendations as to reasonable conditions.
(3)
The Town Board reserves the right to request and obtain additional
information from any applicant.
(4)
Lead agency. The Planning Board shall serve as lead agency for
purposes of coordinated review under the State Environmental Quality
Review Act. Any decision by the Town Board to grant a retail cannabis
special use permit or special use permit for a cannabis establishment
shall be preceded by either a negative declaration of environmental
significance or a written findings statement consistent with the requirements
of SEQRA adopted by the Planning Board.
(5)
Public hearing and notice. At such time as the Town Board, in
consultation with the Zoning Administrator, deems the application
administratively complete, the Town Board shall schedule a public
hearing on the retail cannabis establishment special use permit, which
may be held in conjunction with any other public hearing required
by the application, including hearings held by other boards, such
as site plan review.
(6)
Notice of the public hearing or hearings shall be given in accordance
with the notice requirements set forth in the Code of the Town of
Hyde Park for notice of hearings on site plan review. The Town shall
provide notice by first class mail to all property owners of record,
residents and businesses within a 500-foot radius of any property
line of the lot upon which the cannabis establishment is to be operated.
G.
Decision. The decision of the Town Board shall be in writing.
(1)
In making its decision, the Town Board shall be guided by the
statement of policies, principles and guides set forth in the Greenway
Connections. Its decision shall contain a statement of its findings
regarding the applicant's satisfaction of the criteria for special
use permits, as generally applicable to any specially permitted use,
as well as the requirements and considerations set forth herein with
respect to retail cannabis special use permits. The decision shall
be in writing and shall state that the retail cannabis special use
permit is granted, granted with conditions, or denied.
(2)
In the event of a denial, the reasons for denial shall be clearly
articulated.
(3)
Whether granted or denied, to the extent the Town Board determines
not to follow the recommendations of the Planning Board, its resolution
of approval or denial shall state the findings on which they base
their divergence from such recommendation or recommendations.
(4)
The Town Board shall attach to the retail cannabis special use
permit such conditions and restrictions as are deemed necessary.
H.
Filing. Within five business days from the date of adoption of a resolution approving the special use permit, the Town Board shall cause a copy of such resolution to be filed in the office of the Town Clerk, with an additional copy of such resolution delivered to the Zoning Administrator. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town, in addition to any conditions required or imposed by the Town Board under this § 108-8.6.
I.
Expiration of retail cannabis special use permit. A retail cannabis
special use permit shall be deemed to authorize only the particular
use or uses specified in such permit and shall expire if:
(1)
A certificate of occupancy is not issued within two years from
the date of approval of such special use permit;
(2)
The certificate of occupancy is revoked for any reason;
(3)
The authorized use or uses shall cease for more than one year
for any reason; or
(4)
The required improvements are not maintained and all conditions
and standards are not complied with throughout the duration of the
use.
J.
Revocation. The Town may revoke or suspend an existing permit on
any of the following grounds:
(1)
Failure to comply with state or local law or regulation, including, but not limited to, the Code of the Town of Hyde Park and provisions of this § 108-8.6.
(2)
Failure to comply with the plans and materials included with
an approved retail cannabis special use permit approval.
(3)
Revocation of a state cannabis license or permit or any cause
that would allow the state to deny or revoke a license.
(4)
The cannabis establishment owner or operator has knowingly made
a false statement in the application or any other information furnished
to the Town.
(5)
The cannabis establishment owner or operator has been convicted
of an offense that is substantially related to the qualifications,
functions, or duties of the cannabis establishment for which the application
is made.
(6)
The cannabis establishment owner or operator has ever had a
state license revoked, or whose state license is suspended at the
time application is made to the Town for a retail cannabis special
use permit.
K.
Term and renewal.
(1)
The term of a retail cannabis special use permit, or a renewal
of a retail cannabis special use permit, shall be three years.
(2)
Application for renewal of retail cannabis special use permits
shall be subject to the same requirements and review standards as
applications for a retail cannabis special use permit.
(3)
Retail cannabis special use permits shall be personal to the
person or entity to which it is granted, and shall not be transferable
to another owner, operator, or location and shall not run with the
land.
L.
Performance standards. The following standards shall apply to all
cannabis establishments. Failure to comply with the following standards
shall be grounds for suspension or revocation of a retail cannabis
special use permit.
(1)
Hours of operation. Cannabis establishments shall not be open
to the public and shall not conduct retail sales before 9:00 a.m.
or after 9:00 p.m. on any day of the week and shall not receive or
commence deliveries before 7:00 a.m. or after 7:00 p.m. on any day
of the week.
(2)
Odor control. Odors shall be contained on the property on which
the cannabis establishment is located.
(3)
A minimum lighting level of one footcandle shall be provided
at building entrances and in parking lot areas. All lighting shall
be fully shielded, downward casting and not spill over onto structures,
other properties, or the night sky. Exterior lighting on the premises
shall be balanced to complement the security/surveillance systems
to ensure all areas of the building and parking areas are visible.
The lighting required shall be turned on from dusk to dawn.
(4)
Notification. Within 24 hours after discovering any of the following,
a cannabis establishment shall notify the Police Department of:
(a)
Diversion, theft, loss, or any criminal activity involving cannabis
or cannabis products or any agent or employee or permittee.
(b)
The loss or unauthorized alteration of records related to cannabis
or cannabis products, customers, employees, or agents.
(c)
Significant discrepancies identified between inventory records
and inventory.
(d)
The receipt of any notice of violation or other corrective action
ordered by a state agency or other local licensing authority and shall
provide copies of relevant documents.
(e)
Any material breach of security or malfunction in its security
system.
(f)
Changes in the name or contact information for any contact person
or persons.
(5)
To the extent permitted by state law, cash shall be prohibited
as a form of payment for cannabis delivery transactions at the delivery
location. Payments shall be made via credit card, check, or other
means of cashless payment or a cash payment shall be made in advance
at the business location.
(6)
No processing, manufacturing, distribution, storage, or display
of cannabis or cannabis products shall be visible from the exterior
of a building where a cannabis establishment is located.
M.
Enforcement.
(1)
This section may be enforced by the Zoning Administrator and/or
the Police Department. Each shall be authorized to enforce any state
or local law or code applicable to cannabis establishments as well
as any provision of this chapter. Any activity performed contrary
to the provisions of this section is hereby declared to be a public
nuisance in addition to any civil or criminal action or offense which
such activity may constitute.
(2)
In any enforcement action brought pursuant to this section,
whether by administrative or judicial proceedings, each person who
causes, permits, suffers, or maintains the unlawful cannabis use shall
be liable for all costs incurred by the Town, including, but not limited
to, reasonable attorney's fees, administrative costs, and any
and all costs incurred to undertake, or to cause or compel any responsible
person to undertake, any abatement action in compliance with the requirements
of this section.
N.
Appeal. Any person or persons, jointly or severally aggrieved by any decision of the Town Board, Planning Board, Zoning Board of Appeals, Zoning Administrator or Building Inspector pursuant to this § 108-8.6, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules, provided the proceeding is commenced within 30 days after the filing of the decision in the office of the Town Clerk.
Pursuant to § 274-a of the Town Law, the Planning
Board shall review and approve, approve with modifications or disapprove
site plans prepared to the specifications set forth herein showing
the arrangement, layout and design of the proposed physical improvements
necessary for the use of the land on said plan.
A.
Purpose. The purpose of this article is to establish a clear and
expedient method for review of the elements that constitute the physical
improvements necessary for those proposed uses of land and structures
which have been identified in this chapter as necessary for the purposes
established in Article 1.
(1)
Requirements applying to particular elements of a site plan are located in § 108-4.5, Site development standards.
(2)
Standards for consideration by the Planning Board in reviewing
elements of a site plan are located in Article 5, District Regulations
and Standards.
(3)
Site development review shall be required only after a project
has been granted a special use permit for which site plan approval
is a condition or when the site development regulations for a permitted
use require the Planning Board's approval in regard to any optional
site development elements that the applicant may wish to pursue. The
particular elements, degree of documentation and parameters of discretion
shall be established in the special use permit and the presubmission
conference. All uses and the applicable scale and density shall be
established as permitted prior to any review under this article. The
dimensional and physical regulations and restrictions subject to approval
by the Planning Board shall be the only matters considered in site
development review.
[Amended 8-24-2009 by L.L. No. 2-2009]
B.
Applicability. No building permit shall be issued for the construction
of any physical improvement on any lot for which site plan approval
is required under this chapter until the Planning Board has approved,
or approved with modifications, a site plan for such improvement.
Site plan approval is required for:
(1)
Any use requiring a special use permit or site plan approval as specified in § 108-5.14, Schedule of Use Regulations.
(2)
Any storage of petroleum in underground tanks.
(3)
Any off-street loading area. See § 108-4.5A(1).
(4)
Any new use or construction, other than maintenance and repair, which is visible outside of the structure or visible from the interior of a structure which is in an historic overlay or scenic overlay as specified in § 108-3.1.2A and B or within the view of or from the Hudson River. This includes a use on a lot containing a place listed on the National or State Register of Historic Places or on an adjoining lot or on a lot directly across the street from such lot. Also refer to §§ 108-4.6 and 108-4.7.
(5)
Any unenclosed storage occupying more than 1,500 square feet
of ground area.
C.
Certificate of occupancy. The Zoning Administrator shall ensure that
any proposed element of site development that requires site plan approval
under this chapter obtains such approval prior to issuing any certificate
of occupancy for the use dependent on such element.
D.
Elements. Any site plan shall fully describe the arrangement, layout
and design of all the elements applicable to the proposed use, including:
(1)
Any physical improvements, including: parking; means of access;
screening; signs; landscaping; the architectural features, location
and dimensions of buildings; adjacent land uses; and features meant
to protect adjacent land uses.
(2)
Those physical improvements necessary for:
(a)
Infrastructure for purposes of ensuring and facilitating the
adequate provision of water, sewer and storm drainage to the proposed
development and the adjacent existing and future developments;
(b)
Vehicular and pedestrian circulation to and from adjacent lots;
(c)
Stormwater drainage to and from adjacent lots, including street
and highway rights-of-way;
(d)
Vehicular corridor improvements and definition; and
(e)
Any additional elements specified by the Planning Board as a
condition of a special use permit.
E.
Approval. If an approved site plan requires the construction or installation
of infrastructure and improvements as a condition of the final site
plan process, those improvements must be done in strict accordance
with the approved site plan documents.
F.
Phasing. If a site plan is proposed to be built in phases, all phases of the project shall be shown on a master plan for the project, which will be the proposed action subject to environmental assessment under SEQRA. All perimeter landscaping shall be included in phase one. However, the Planning Board shall only approve the phase or phases in its site plan approval that can be commenced in one year and entirely completed in two years as required by § 108-9.6A. Subsequent phases will require an application for approval of site plan amendment.
[Added 8-24-2009 by L.L. No. 2-2009]
A.
Application. Application for site plan approval or amendment to a
previously approved site plan shall be made in the form and manner
specified in Article 30, together with the fee set forth in the fee
schedule adopted by the Town Board.
B.
Referral. If an agency response is not included in the documentation
and has not been received by the Secretary to the Planning Board within
the requisite thirty-day period, the Planning Board may act on the
application without such report.
C.
SEQRA.
(1)
Any use requiring site plan approval shall be deemed to be either
a Type 1 or unlisted action. If there is any other involved agency,
the action shall undergo coordinated review.
(2)
An application for a site plan approval shall not be deemed
complete until the lead agency has adopted a finding of no significant
adverse environmental impact (negative declaration) or until a DEIS
has been accepted by the lead agency as satisfactory with respect
to scope, content and adequacy.
D.
Presubmission conference.
(1)
The purpose of any presubmission conference shall be:
(2)
Any presubmission conference shall be held during a workshop
meeting of the Planning Board and attended by the applicant, his professional
representative and the Zoning Administrator; such a conference may
be held outside the workshop meeting at the discretion of the Planning
Board.
(3)
Within six months following a Planning Board presubmission conference, the applicant shall prepare an administratively complete application for site plan review and submit such application to the Zoning Administrator. If such application is not submitted within this six-month period, an additional presubmission conference shall be arranged. In the event that a complete application for site plan review has not been submitted to the Zoning Administrator within a period of one year from the date of the Planning Board's pre-submission conference, the application, at the discretion of the Planning Board, shall be deemed to be abandoned and a new application, following the procedures set forth in § 108-9 of the Code, together with the payment of new application fees, shall be required for the proposed project.
[Amended 10-17-2016 by L.L. No. 9-2016]
E.
Site plan review.
(1)
The Planning Board shall hold a public hearing on any site plan
review.
(a)
Such hearing shall take place within 62 days from the date that
the Planning Board receives a complete application for site plan review.
(b)
The Planning Board shall mail notice of said hearing to the
applicant and to the owners of the properties within 150 feet of all
property lines of the proposed site plan at least 10 days before said
hearing and shall give public notice of said hearing in a newspaper
of general circulation in the Town at least five days prior to the
date thereof.
(c)
Such notice shall contain an agricultural data statement, if
required by § 283-a of the Town Law.
(d)
At least 10 days before such hearing, the Planning Board shall
mail notices thereof to the Dutchess County Planning Department as
required by § 239-m of the General Municipal Law.
(2)
No decision shall be made prior to full compliance with the
SEQRA regulations as codified in 6 NYCRR Part 617.
(3)
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to a proposed site plan. Upon its approval of said site plan, any
such conditions shall be met in connection with the issuance of permits
by applicable enforcement agents or officers of the Town.
[Amended 8-24-2009 by L.L. No. 2-2009]
(a)
The Planning Board may require all approvals from any involved
local, county, state or federal agency to be submitted in writing
to the Planning Board before site plan approval is granted.
(4)
Within five business days after a decision is rendered, the
decision shall be filed in the office of the Town Clerk and a copy
thereof mailed to the applicant.
(a)
The decision of the Planning Board shall be recorded in accordance
with the standard forms adopted by the Planning Board and shall fully
set forth the circumstances of the case.
(b)
A complete record of the findings on which the decision is based,
consistent with the Town's record management program, shall be filed
with the Town Clerk.
(c)
No site plan approval shall be considered final until it is
signed by an authorized officer of the Board. If the site plan is
conditionally approved, the Planning Board shall empower a duly authorized
officer to sign the plan, subject to completion of such requirements
as may be stated in the resolution conditionally approving the plan
and authorizing such signature. Upon completion of such requirements,
the final site plan shall be signed by the duly authorized officer
of the Planning Board. Conditional approval of the final site plan
shall expire 180 days after the date of the resolution granting conditional
approval, unless such requirements have been certified as completed.
The Planning Board may extend the time in which a conditionally approved
site plan must be submitted for signature if, in its opinion, such
extension is warranted by the particular circumstances thereof, for
not to exceed two additional periods of 90 days each.
[Added 8-24-2009 by L.L. No. 2-2009]
F.
Reservation of parkland. Before the Planning Board may approve any
site plan containing residential units, such site plan shall also
show, when required by such Board, a park or parks suitably located
for playground or other recreational purposes.
(1)
The Planning Board shall not require land for park, playground
or other recreational purposes until it has made a finding that a
proper case exists for requiring such a park or parks. Such a finding
shall include an evaluation of the present and future needs for park
and recreational facilities in the Town based on the projected population
growth to which the particular site plan will contribute. Such findings
shall include supporting documentation from the Recreation Commission
and shall provide an individualized determination that such required
dedication or reservation is related both in nature and extent to
the impact of the proposed site plan.
(2)
In the event the Planning Board makes a finding pursuant to
the preceding subsection that the proposed site plan presents a proper
case for requiring a park or parks suitably located for playgrounds
or other recreational purpose, but that a suitable park or parks of
adequate size to meet the requirement cannot be properly located on
such site plan, the Planning Board may require a sum of money in lieu
thereof, in the amount established in the current schedule of fees
adopted from time to time by the Town Board. In making such determination
of suitability, the Board shall assess the size and suitability of
lands shown in the site plan that could be possible locations for
park or recreational facilities, as well as practical factors, including
whether there is a need for additional facilities in the immediate
neighborhood. Any monies required by the Planning Board in lieu of
land for park, playground or other recreational purposes, pursuant
to the provisions of this section, shall be deposited in the Town
of Hyde Park Recreation Trust Fund to be used by the Town exclusively
for park, playground or other recreational purposes, including the
acquisition of property. In the event the Planning Board makes a finding
pursuant to the preceding subsection that the proposed site plan presents
a proper case for requiring a park or parks suitably located for playgrounds
or other recreational purpose, but that a suitable park or parks of
adequate size to meet the requirement cannot be properly located on
such site plan, the Planning Board may require a sum of money in lieu
thereof, in the amount established in the current schedule of fees
adopted from time to time by the Town Board. In making such determination
of suitability, the Board shall assess the size and suitability of
lands shown in the site plan that could be possible locations for
park or recreational facilities, as well as practical factors, including
whether there is a need for additional facilities in the immediate
neighborhood. Any monies required by the Planning Board in lieu of
land for park, playground or other recreational purposes, pursuant
to the provisions of this section, shall be deposited in the Town
of Hyde Park Recreation Trust Fund to be used by the Town exclusively
for park, playground or other recreational purposes, including the
acquisition of property.
(3)
Notwithstanding the foregoing provisions, 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 § 276 of the
Town Law, the Planning Board shall credit the applicant with any land
set aside or money donated in lieu thereof under such subdivision
approval. In the event of resubdivision of such plat, nothing shall
preclude the additional reservation of parkland or money donated in
lieu thereof.
G.
Area variance. Where a proposed site plan contains one or more features
that do not comply with this chapter, application may be made to the
Zoning Board of Appeals for an area variance pursuant to Article 33
of this chapter without the necessity of a decision of the Zoning
Administrator. In reviewing such application, the Planning Board shall
provide a written recommendation concerning the proposed variance
to the Zoning Board of Appeals.
H.
Financial security. The Planning Board shall require a letter of
credit or other equivalent security sufficient to cover the cost of
installation of the required infrastructure and improvements as estimated
by the Planning Board on the recommendation of the Town Engineer.
I.
In the event an applicant, consultants or representatives for site
plan review do not appear before the Planning Board in conjunction
with its application for a period of one year for purposes of advancing
the application process, the Planning Board shall cause a letter to
be written to the applicant, the consultant(s) or its representative,
at the address appearing on the site plan application, by certified
mail, return receipt requested, requiring the applicant, its consultants
and/or representatives to appear before the Planning Board at a regularly
scheduled meeting to be set by the Planning Board to show cause as
to the why the application should not be deemed abandoned. In the
event the applicant fails to appear before the Planning Board, or
upon appearing before the Planning Board fails to show good reason
for not advancing the application process, the Planning Board, in
its discretion, may declare the site plan application to be abandoned.
In the event the application is deemed abandoned and the applicant
still desires to seek approval of its site plan, the applicant must
make a new application for site plan approval and pay all required
application fees.
[Added 10-17-2016 by L.L.
No. 9-2016]
Each of the following elements shall be included in any site
plan submitted for approval under this article.
A.
Existing conditions. Any site plan shall describe the existing conditions
of the lot. The following documentation of existing conditions shall
be prepared by a land surveyor, licensed professional engineer, landscape
architect or other qualified consultant:
(1)
A certified boundary description of the lot for which any use
is proposed, identifying all metes and bounds, referenced to the state
system of plan coordinates established by Chapter 545, Laws of 1938,
and to Hyde Park reference points. Such description shall also identify:
(2)
A topographic survey identifying each of the following physical
characteristics of the lot:
(a)
Any wetland or stream within the boundary of such lot and any
woodland, rock outcrop, ridgeline, viewshed or pond within the proposed
construction limit lines or within 200 feet of any such limit line.
[Amended 8-24-2009 by L.L. No. 2-2009]
(b)
Any isolated tree having a diameter of 18 inches or more, as
measured 12 inches above the base of the trunk, within the proposed
construction limit lines or within 50 feet of any such limit line.
(c)
Any other significant natural feature within the proposed construction
limit lines or within 50 feet of any such line.
(d)
Any area of special flood hazard, as regulated by Chapter 60 of this Code, that is within the proposed construction limit lines or within 200 feet of any such line.
(e)
Any difference in grade elevation greater than two feet within
the proposed construction limit lines and extending 50 feet therefrom.
Such difference shall be described, utilizing contour lines, at a
vertical interval of two feet and/or spot elevations, based on a current
North American vertical datum, or any other vertical datum acceptable
to the Town Engineer.
(f)
Any impervious surface within the boundary of such lot, with
finish grade elevations sufficient to describe the drainage direction
and slope of such surface. The area and use of each impervious surface
shall be noted on such survey.
(g)
Any sewage disposal system or stormwater drainage system within
the boundary of such lot, with sufficient size and elevation data
to determine the flow characteristics of each such system.
(h)
Any structure on, or within 50 feet of, the boundary of such
lot, identifying the location, grade level perimeter and height of
such structure;
(i)
Any building within the boundary of such lot, identifying the
first-floor elevation and total floor area of such building; and
(j)
Any utility, well or culvert within the boundary of such lot,
identifying the location and size of such utility, well or culvert.
(3)
All of the following legal information, as filed and recorded,
applicable to such lot:
(4)
All real estate information applicable to the lot so bounded
and described, as currently recorded and published on the latest Tax
Map for the Town:
(a)
The tax section, map and lot number of any lot bordering or
within 500 feet of such lot;
(b)
Any street, highway, easement, or other public way within 500
feet of the boundary of such lot, described by name and location;
and
(c)
Any school, fire, and special improvement district boundaries
within 500 feet of the boundary of such lot, described by name and
location.
(5)
All land use information applicable to the lot so bounded and
described:
(6)
A location map, at a scale of one inch equals 2,000 feet, indicating
the relationship of the lot to its surroundings within one mile of
the site.
B.
Site plan. Any site plan shall consider the location, extent and
type of physical improvements necessary for the site plan elements
required under this chapter or as otherwise proposed, and shall fully
fix and describe such improvements. Based on the documentation of
existing conditions above, the following documentation of site plan
shall be prepared by an architect, professional engineer, land surveyor,
landscape architect or other qualified professional:
(1)
General. A fully dimensioned and labeled plan of the lot, bounded and described in Subsection A(1) above shall be submitted as part of the site plan review application. Such plan shall include each of the site plan elements to the degree established during the presubmission conference and shall fix and describe:
(a)
Construction limit lines that fully enclose and define that
portion of the lot where all proposed construction or disturbance
of existing conditions is intended;
(b)
The location, extent and duration of any temporary measures
and structures to be utilized during construction, including erosion
control measures;
(c)
Any change in finish grade elevation within the construction
limit lines, including:
(d)
The location, width and purpose of all proposed easements, setbacks,
reservations and areas dedicated to, or proposed to be dedicated to,
public use within the project construction limit lines;
(e)
The location, perimeter and gradient of all impervious surfaces,
including profiles for all streets or other public ways included in
the scope of work;
(f)
Typical construction cross-sections of all curbs, walks, plantings,
lighting and other site plan structures clearly establishing all vertical
elevations and heights;
(g)
Any new or modified sanitary sewer collection and disposal system,
water supply and distribution system, or stormwater collection and
disposal system;
(h)
Any flood-control devices or measures;
(i)
Any stormwater management measures;
(j)
Any solid waste storage or disposal measures;
(k)
Any fire protection system from the point of connection to each
building, including all piping, hydrants, stand pipes, storage and
pumping devices;
(l)
Any gas service distribution from the point of utility connection
to each building;
(m)
Any electric service distribution from the point of utility
connection to each structure, including:
[1]
Complete specifications and details for any site lighting system,
public address system, or alarm system audible device;
[2]
Location of all electric lighting fixtures, poles, devices,
feeders and structures; and
[3]
Lighting distribution and intensity characteristics of any site
lighting system provided for safety, security or aesthetic reasons;
and
(n)
Any communications system from the system connection to each
structure, including any on-site antennas.
(2)
Parking. Such plan shall include the following documentation
as to the extent and type of physical improvements necessary to provide
parking, identifying:
(a)
Any curbing, described by location to scale, dimension, material
and detail;
(b)
Any stormwater drainage system, described by location to scale,
size, elevation and gradient, of the component parts of such system;
(c)
Any parking space, aisle, driveway or vehicular circulation,
described by location to scale, and dimension;
(d)
Any parking accessories such as guardrails, gates, fences or
similar devices, described by location to scale, function, material,
dimension and detail.
(e)
Any electric pole, device, feeder or structure, described by
location symbol, height, materials and installation;
(f)
Any lighting device, described by location symbol, support,
size, light distribution, illumination level, materials, and finish;
and
(g)
Details to scale, sufficient to fully fix and describe the construction
and impact of:
[1]
Any pavement and other impervious surface, establishing: materials,
thickness, markings, texture and slope;
[2]
Any curb, curb-ramp, wheel-stop or edging, establishing: materials,
size, and attachment;
[3]
Any drainage structure, culvert, swale or pond, establishing
materials, size, gradient and installation; and
[4]
Any lighting fixture, establishing height, size, power, illumination
level, light distribution and finish.
(3)
Means of access. Such plan shall include documentation of the
location, extent and type of physical improvements necessary to provide
the vehicular and pedestrian access, identifying:
(b)
Any pedestrian access and circulation, described by location
to scale, dimension, materials, and detail:
[1]
Pedestrian access to the lot, clearly identifying all necessary
interconnections with the existing external pedestrian circulation
systems;
[2]
Internal pedestrian circulation system fully describing all
sidewalks, patios, terraces and any other impervious surface used
for pedestrian circulation;
[3]
Access to buildings or other structures included in the proposed
use.
(c)
Details to scale, sufficient to fully fix and describe the construction
and impact of:
[1]
Any pavement and other impervious surface, establishing materials,
thickness, markings, surface texture and slope;
[2]
Any ramp, stair, railing, wall, fence or edging, establishing
materials, height, texture, and slope;
[3]
Any drainage system, establishing collection and discharge conductors,
structures, culverts, swales and ponds;
[4]
Any walkway, establishing finish, markings, textures, gradient
and cross slope;
[5]
Any light poles, establishing support, height, size, and finish.
(4)
Screening. Such plan shall include documentation of the location,
extent and type of physical improvements necessary to provide screening
to buffer impact on adjoining land uses, identifying:
(a)
Any walls, fences or similar structures, described by location
to scale, dimension, materials, and detail;
(b)
Any plantings, described by location symbol and reference to landscaping elements required by § 108-4.5E of this chapter;
(c)
Any screenings of refuse storage, described by location to scale,
dimension, materials, and detail;
(d)
Any screening shall identify its purpose.
(5)
Signs. Such plan shall include documentation of the location,
extent and type of physical improvements necessary to provide signs,
identifying:
(a)
Any sign, lighting device or site amenity, described by location
to scale, dimension, materials, and detail.
(6)
Landscaping. Such plan shall include documentation of the location,
extent and type of physical improvements necessary to provide landscaping,
identifying:
(7)
Architectural features, location and dimensions of buildings.
Such plan shall include documentation of the location, extent and
type of physical improvements related to any building or other structure,
identifying:
(8)
Physical features meant to protect adjacent land uses. Such
plan shall include documentation of the location, extent and type
of physical improvements necessary to mitigate the demonstrated impact
on adjacent land uses required by this chapter, identifying:
(9)
Infrastructure. Such plan shall include documentation of the
location, extent and type of physical improvements related to any
water or sewer system, identifying:
C.
Exceptions.
(1)
For minor site development plans or in other appropriate circumstances
as determined by the Planning Board, the Planning Board may waive
the provision of any items of information listed in this section.
(2)
In the case of a use conversion which does not require additional
construction or site modifications, or in the case of minor changes
in existing conditions requiring a building permit, the Planning Board
may determine that the site plan procedures outlined in this article
are not applicable and may be waived. This determination shall be
made by the Planning Board after receipt of a recommendation from
the Zoning Administrator.
(3)
At the request of the Planning Board, any other pertinent information
as may be reasonably required or necessary to determine and provide
for the proper enforcement of specific provisions of this chapter
shall also be provided.
A.
General. In reviewing any application for site plan approval, the
Planning Board shall consider the following standards:
(1)
The standards in the bulk and site development regulations contained
in Article 4 of this chapter;
(2)
The standards contained in Article 5 of this chapter for the
particular district; and
(3)
The applicable regulations of other chapters of this Code as
they may modify or otherwise limit Planning Board discretion under
this chapter.
B.
Planning Board review and approval of any site plan shall ensure
that such site plan is in conformance with all of the applicable regulations
and standards of this chapter.
A.
An approved site plan shall be void and the building permits, if
any, shall be revoked if substantial construction is not started within
one year and the entire project or approved phase is not completed
within two years of signing of the site plan or site plan amendment
by an authorized officer of the Planning Board.
[Amended 8-24-2009 by L.L. No. 2-2009]
B.
The Planning Board may, at its discretion, after conducting a public
hearing, grant an extension to an approved site plan. The applicant
shall submit a written request 30 days prior to the site plan date
of expiration, requesting an extension for a specified time and the
reason therefor. In granting the extension, the Planning Board may
require revision of the previously approved site plan to comply with
current regulations and conditions.
C.
The Planning Board shall render a decision, in writing, to the applicant
and the other appropriate agencies within 45 days of closing the public
hearing; provided, however, that the time within which the Planning
Board must render its decision may be extended by mutual consent of
the applicant and the Planning Board.
D.
Any previously approved site plan, including a conditionally approved
site plan, whether or not the conditions have been satisfied, shall
be completed within three years of the date of adoption of this chapter
(September 8, 2005) or it shall be subject to the requirements of
this chapter.
[Amended 8-24-2009 by L.L. No. 2-2009]
The purpose of this article is to provide an opportunity for
home occupations with reasonable consideration as to the character
of each district and its particular suitability for home occupation
use and with a view to conserving the value of buildings and encouraging
the most appropriate use of land.
A.
The provisions of this article shall apply to any use that conforms
to "home occupation" as defined in Article 2 of this chapter.
B.
A home occupation shall be permitted in all districts if it meets
all of the following conditions: it does not encourage any customers
or clients to enter or leave the premises; it is conducted entirely
by members of the family occupying the dwelling unit; it has no exterior
display, exterior storage of materials or other exterior evidence
of any home occupation; it requires no exterior alteration, addition
or change to the structure that would require a building permit in
order to accommodate such use within such structure or accessory structure;
and it does not occupy more than 30% of the total gross square feet
of the residential structure. Such a home occupation does not require
review by the Planning Board nor the Zoning Board of Appeals. A certificate
of occupancy is not required. Such a use is deemed to be a "no-impact
home occupation."
[Amended 8-24-2009 by L.L. No. 2-2009]
A.
Any home occupation, other than a no-impact home occupation, shall
require a permit from the Zoning Administrator and a certificate of
occupancy signed by both the Zoning Administrator and the Building
Inspector and is deemed to be a regulated home occupation. A permit
and a certificate of occupancy are issued only to the applicant and
are not transferable to another person.
B.
The Zoning Administrator shall issue the permit and the Building
Inspector and the Zoning Administrator shall issue a certificate of
occupancy upon finding that:
A.
Conditions. Any regulated home occupation shall meet all of the following
conditions:
(1)
The portion of the dwelling unit or accessory structure that
is used for the home occupation shall have a currently valid certificate
of occupancy. If a certificate of occupancy cannot be obtained because
of the age of the building, the property and the building must not
have any violations of the applicable requirements on record.
(2)
The person conducting the home occupation shall reside on the
premises more than 60% of the year.
(3)
The home occupation shall be conducted wholly within an area
not more than 30% of the gross square feet of the residential structure,
or 600 square feet, whichever is less.
[Amended 8-24-2009 by L.L. No. 2-2009]
(4)
The home occupation shall employ no more than two persons who
are not resident in the dwelling unit.
(5)
The portion of the dwelling unit or accessory structure used
for the home occupation shall comply with 19 NYCRR, and be certified
by the Building Inspector and/or a licensed professional.
B.
Standards. The Zoning Administrator shall apply the following standards
to any application for a permit and the Building Inspector and the
Zoning Administrator shall apply the following standards for a certificate
of occupancy for a regulated home occupation:
(1)
There shall be no exterior display, exterior storage of materials
or other exterior evidence of any home occupation except for signs
and off-street parking.
(2)
The home occupation shall not produce any odor, noise, vibration,
smoke, dust, heat, or glare that exceeds the average level in the
immediate vicinity, and is detectable beyond the property line of
such lot.
(3)
The home occupation shall not use, store, produce or dispose
of any hazardous material.
(4)
The home occupation may sell or offer for sale only articles
or products that are wholly produced, grown, created or assembled
on the lot. Alternatively, the home occupation may also provide professional
or repair services.
(5)
The intensity of a regulated home occupation use shall be restricted
to no more than 20 vehicle trips per week, or five per day, generated
by customers, clients, delivery vehicles or sales representatives.
(6)
Any regulated home occupation is subject to inspection by the
Zoning Administrator and must pay an annual permit fee as established
by the Town Board.
In the execution of this provision of the Hyde Park Code, it
is recognized that there are some adult uses which, due to their very
nature, have serious objectionable operational characteristics particularly
when located in close proximity to residential neighborhoods and other
sensitive land uses. The objectionable characteristics of these uses
are further heightened by their concentration in any one area, thereby
having deleterious effects on adjacent areas. It has been acknowledged
by communities across the nation that state and local governments
have a special concern in regulating the operation of such businesses
under their jurisdiction, to ensure that these adverse secondary effects
will neither contribute to the blighting or downgrading of adjacent
neighborhoods nor endanger the well-being of the youth in their communities.
The special regulations deemed necessary to control the undesirable
secondary effects arising from these enterprises are set forth below.
The primary purpose of these controls and regulations is to preserve
the integrity and character of residential neighborhoods and important
natural and human resources of the Town; to deter the spread of blight;
and to protect minors from objectionable characteristics of these
adult uses by restricting their proximity to churches, schools, nursery
schools, day-care centers, educational institutions, parks, historic
and scenic resources, civic and cultural facilities and residential
areas.
A.
Adult uses, as defined above in § 108-2.2 of this Code, are to be restricted in the following manner, in addition to any other requirements of the Code:
(1)
Adult uses shall not be located within a five-hundred-foot radius
of any district zoned for residential use. For measurement purposes,
the distance between an adult use and any residential zoning district
shall be measured in a straight line, without regard to intervening
structures or objects, from the closest structural wall of such adult
use to the boundary line of such residential district.
(2)
Adult uses shall not be located within a one-thousand-five-hundred-foot
radius of another adult use. For measurement purposes, the distance
between adult uses shall be measured in a straight line, without regard
to intervening structures or objects, from the closest structural
wall of any adult use to the closest structural wall of any other
adult use.
(3)
Adult uses shall not be located within a five-hundred-foot radius
of any school, nursery school, day-care center, educational institution,
house of worship, park or playground, historic or scenic resource
and civic or cultural facility. For measurement purposes, the distance
between an adult use and other such named uses shall be measured in
a straight line, without regard to intervening structures or objects,
from the closest structural wall of such adult use to the closest
property boundary of such school, nursery school, day-care center,
educational institution, house of worship, park or playground, historic
or scenic resource and civic or cultural facility.
(4)
Not more than one adult use shall be located in the same building
or upon the same lot or parcel of land.
(5)
No loudspeakers or sound equipment that can be discerned by
the public from public or semipublic areas shall be used for adult
uses.
(6)
Any signage associated with an adult use shall be subject to
the standards and guidelines contained in Article 24 of this chapter.
(7)
Adult uses are limited to the Corridor Business District only.
[Amended 10-5-2020 by L.L. No. 1-2020]
B.
Waivers. The restrictions enumerated in § 108-21.2A(1) through (4) above may be waived by the Town Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general standards contained in Articles 4 and 5 of this chapter:
(1)
That the proposed use will not be contrary to the public interest
or injurious to nearby properties, and that the spirit and intent
of this Code will be observed.
(2)
That the establishment of an additional use of this type in
the area will not be contrary to any program of neighborhood conservation
or improvement, either residential or nonresidential.
(3)
That 51% or more of those persons residing, owning or operating a business within the restricted area as defined in § 108-21.2A(1) through (3) of this Code have signed a petition stating that they have no objection to the establishment of one of the uses defined above in § 108-2.2 of this Code.
The primary purpose of these regulations and restrictions is
to preserve the integrity and character of the Town's communities
and to conserve important natural and human resources of the Town,
including significant vistas and open space, while providing safe
and efficient utility services to the residents and visitors in the
Town.
A.
The provisions of this article shall apply to any public utility
facility as defined in Article 2 of this chapter.
B.
Fees. Fees shall be as established in the current fee schedule adopted
by the Town Board and shall include a special use permit application
fee and, if appropriate, a certificate of occupancy fee.
C.
All public utility facilities shall comply with all applicable provisions
of this chapter and the additional requirements of this article.
All public utility facilities shall obtain a special use permit and, if appropriate, a certificate of occupancy. Applications for a special use permit and, if appropriate, a certificate of occupancy shall be made to the Zoning Administrator in accordance with the provisions of §§ 108-8.3 and 108-30.4, respectively.
A.
In addition to the requirements of Article 4, the standards and guidelines
contained in Article 5, and the permit standards of Article 8, any
public utility facility shall comply with the following additional
standards:
(1)
The proposed installation in the specific location requested
is necessary and convenient for the efficiency of the public utility
system or the satisfactory and convenient provision of service by
the utility to the community or the area in which the particular use
is to be located.
(2)
The design of any building in connection with such facility
conforms to the general character of the area and will not adversely
affect the safe and comfortable enjoyment of property in the area
in which the particular use is to be located.
(3)
Adequate and visually attractive fencing, barriers or other
safety devices will be provided to minimize any risk to pedestrians,
including children.
(4)
All buildings and structures to be used as part of the facility
will comply with the scale and density requirements, if any, for the
district in which the proposed facility is to be located.
B.
In granting a special use permit for a public utility facility, the
Planning Board shall impose such reasonable and appropriate conditions,
restrictions and safeguards as it may deem necessary or desirable
to promote the health, safety, morals and general welfare of the Town.
In addition to special use permit and site plan approval requirements,
the applicant for a residential care facility shall comply with the
requirements of this article.
Every residential care facility shall provide qualified supervisory
personnel on the premises 24 hours a day, seven days a week. Such
personnel shall have sufficient education and experience and shall
be present in sufficient numbers to meet all standards of any agency
responsible for the licensing or regulation of the residential care
facility.
An applicant for a residential care facility shall demonstrate
compliance with all applicable regulations, standards, and licensing
requirements of public or private agencies.
An application for a special use permit for a residential care
facility shall satisfy the submission requirements of Article 30 and
shall also include the following:
A.
A list of all agencies which must license or otherwise approve the
establishment of operation of the facility.
B.
A list of regulations established by the public or private agencies
listed in the preceding subsection.
C.
Copies of applications submitted to the agencies.
D.
A written statement explaining the status of such applications stating
any facts known to the applicant which might result in the denial
or delay of any required approval.
E.
A written statement addressing the requirements of § 108-23.2 and demonstrating that the facility will comply with applicable regulations of licensing agencies and state law relating to minimum required floor area, bathroom facilities, and open space.
F.
A map identifying the location of all other residential care facilities
in the Town at the time of the special permit application.
In making its determination upon a special use permit for a
residential care facility, the Planning Board shall, in addition to
making the findings required by Article 8, make the following specific
findings:
A.
That the proposed facility, given its unique nature, will not have
a substantial or undue adverse effect upon adjacent property, the
character of the neighborhood, parking, utility facilities, and other
matters affecting public health, safety, and general welfare.
B.
That the proposed facility will be provided with or have ready access
to facilities and services necessary and appropriate to the needs
of its residents for active and passive recreation, medical care,
education, cultural and religious activities, and public transportation.
C.
That the proposed facility will not generate a level of traffic which
would be burdensome to the neighborhood, considering the number of
visitors its residents may expect, truck delivery and loading requirements,
and the availability and nature of public or private transportation.
D.
That the proposed facility will not result in an undue concentration
of residential care facilities in the Town of Hyde Park or in the
neighborhood of the proposed facility.
E.
That the decision made by the Planning Board represents a reasonable
accommodation to the needs of persons protected under the Federal
Fair Housing Act, if applicable.
[Added 9-19-2022 by L.L. No. 3-2022]
A.
The Planning Board, in its discretion, may waive the scale requirements set forth in § 108-5.15, Schedule of Bulk Regulations, provided the applicant demonstrates to the Planning Board’s satisfaction that the following conditions are met:
(1)
The waiver may be applied only to lots that are four acres and larger;
(2)
The proposed use will not have a significant negative visual impact
on the neighborhood;
(3)
The proposed use will not produce an undesirable change in the character
of the neighborhood;
(4)
The proposed use will not be a substantial detriment to nearby properties;
(5)
The proposed use will not have a large, adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(6)
The maximum number of residential care facility resident rooms or
units shall not exceed 200.
[Amended 8-24-2009 by L.L. No. 2-2009]
[Amended 7-16-2018 by L.L. No. 4-2018]
The purpose of this article is to preserve, protect, promote
and advance the public health, safety and welfare by regulating and
establishing standards for the erection of signs within the Town.
The Town Board has concluded that the character, quality and appearance
of the Town and quality of life of its residents are directly and
substantially affected by the location, height, size, construction
and general design of the signs contained therein. The purpose of
this article is to avoid to the fullest extent practicable signs which
degrade the aesthetic quality of the environment, detract from natural
scenic beauty, as well as the character and order of the developed
sections of the Town, whether residential or commercial. The purpose
of this article also is to ensure that the improper placement of signs
does not result in diminution in property values and does not provide
visual distractions and obstructions to passing motorists which can
cause, or contribute to, traffic accidents.
A.
Applicability; permits; content.
(1)
Signs are permitted only as an accessory to a permitted use
on a lot.
(3)
Prior to construction, all new regulated signs must obtain a
sign permit; provided, however, that if signs are proposed in connection
with any special permit or site plan application, such signs shall
be reviewed and approved under applicable criteria for the permitted
uses and shall not require a separate sign permit or building permit
if constructed pursuant to an approved plan.
(4)
The Zoning Administrator is authorized to issue permits for
temporary signs where approval for a permanent sign has not been granted
to an applicant or property owner.
[Amended 7-16-2018 by L.L. No. 4-2018]
(5)
Each place of business or commercial activity may display signs
consisting of the business name, name of the business owner, information
lines (excluding any pricing information, except for gas stations)
and/or a pictograph of the business activity conducted on the premises.
B.
Location and maintenance.
(1)
No sign shall be erected, constructed, or maintained in a manner
that obstructs traffic movement or visibility or causes any hazard
to motor vehicle or pedestrian safety.
(2)
No sign shall be placed, painted, or drawn on utility poles,
bridges, culverts, or other road or utility structures or signposts,
or on trees, rocks, or other natural features, except that signs not
exceeding one square foot posting property boundaries may be placed
on trees. No signs shall be placed on municipally owned property without
the permission of the Town Board.
(3)
No freestanding sign shall be located so that any part of the
sign or its supporting structure is less than: (a) 10 feet from the
street curbing; (b) 10 feet from the paved portion of any street or
highway if no curbing exists; or (c) 15 feet from the fog line if
the road contains a fog line. In addition, no freestanding sign or
its supporting structure shall be located less than 20 feet from the
point where two or more streets or highways intersect, as measured
at the nearest edge of curbing, or, if no curbing exists, the paved
portion of the street or highway. In no case shall a freestanding
sign be erected within the street or highway right-of-way.
(4)
All signs shall be kept in good repair. Painted surfaces shall
be kept neatly painted at all times.
C.
Sign area and height. The area occupied by all of the following signs,
including exempt signs, shall be included in the calculation of total
sign area allowance:
(1)
Commercial signs not in shopping centers.
(a)
Maximum cumulative sign area per building and per lot. The cumulative
sign area of all signs for a business shall not exceed one square
foot for each lineal foot of the portion of the front of the building
occupied by a business with a separate external entry, provided that
the cumulative sign area per lot of all signs per business shall not
exceed 100 square feet. Each business shall be allowed at least 20
square feet of sign area.
(b)
Freestanding signs. Each lot may erect a maximum of one individual freestanding sign, except lots which contain shopping centers which may apply for second and third freestanding signs in accordance with § 108-24.2C(2)(a) and (d). Individual freestanding signs shall not exceed 30 square feet in sign area per face and seven feet in height measured from finished grade. Essential supporting framework, such as brackets, posts and standards, shall not be included in sign area calculations. Decorative elements, not including text, may exist above seven feet but shall not exceed eight feet in height. Any illuminated decorative embellishments shall, however, be included in calculating sign area. Except for gas stations, freestanding signs shall not display pricing information.
[Amended 7-16-2018 by L.L. No. 4-2018]
(c)
Projecting signs. Projecting signs shall not exceed 12 square
feet in area per face and shall not project more than four feet from
the side of the building. When suspended over a pedestrian walkway
such as a sidewalk or entranceway, the bottom of such signs shall
be no lower than eight feet and no higher than 12 feet above the finished
grade.
(d)
Wall-mounted signs. Wall-mounted signs shall not exceed 32 square
feet, extend more than one foot from the surface of the wall, cover
more than 10% of the front surface of a building, cover a window,
obscure architectural detailing, interrupt a roof line, or be placed
on the roof of a structure. There shall be no more than two wall signs
per business with a separate external entry and no more than one wall
sign per exterior wall of such business.
(e)
Window signs. Signs placed in windows shall not cover more than
25% of the window area and shall not exceed six square feet per window.
(f)
Awning or canopy signs. The valance portion of an awning or
canopy may be used as a sign, with a maximum of 12 square feet of
sign area. The bottom of the awning or canopy shall be at least eight
feet above the finished grade.
(g)
Motor vehicle sales signs. Each motor vehicle for sale is permitted one sign, with an area of one square foot. Such motor vehicles shall have no other advertising or devices, including flags and pennants to attract attention. See § 108-24.4E.
(h)
Real estate development signs. Notwithstanding the above, any
real estate development, subdivision or apartment complex shall be
allowed no more than two identification signs, which shall be no larger
than 24 square feet in sign area per face.
(2)
Commercial signs within shopping centers.
(a)
One freestanding sign, not to exceed 60 square feet in sign
area per face and seven feet in height measured from finished grade,
is permitted per shopping center. Decorative elements, not including
text, may exist above seven feet but shall not exceed eight feet in
height. Such sign may include panels for individual businesses within
the shopping center and shall have no more than two faces. At the
discretion of the Planning Board, one additional freestanding sign
may be permitted, provided there is an additional entry point and
provided that such sign is located at the additional entry point and
not less than 150 feet from the other entry. The second sign shall
be limited to 40 square feet in sign area per face and seven feet
in height. No pricing information shall be displayed on the freestanding
sign.
(b)
In addition, each separate business within the center with a
separate external entry may erect no more than two wall signs. Such
signs shall be restricted to the name and logo of the business, information
lines (excluding pricing) and/or pictograph indicating the nature
of the business. The size of such signs shall be no more than one
square foot for each lineal foot of the individual store front occupied
by such business, but in no case shall the total area of such signs
exceed 100 square feet for each such business.
(c)
One sign, not exceeding two square feet in area per face, may
be hung under the walkway canopy to identify each store entrance.
Such sign shall be hung perpendicular to the storefront and shall
not be placed on the outer edge of the canopy.
(d)
At the discretion of the Planning Board, one single-faced, free-standing
sign for a fueling facility, including gasoline prices, is permitted
per shopping center, compatible in all design elements with the directory
sign and not exceeding 10 square feet of sign area, five feet in height
measured from finished grade, and eight inches in height or width
of any letter, graphic, symbol or number.
[Added 12-21-2009 by L.L. No. 8-2009]
(3)
Noncommercial signs.
(a)
Public agencies or educational, charitable or religious establishments
signs. Signs customarily incidental to public agencies or educational,
charitable or religious establishments shall be no more than two in
number and shall not exceed 30 square feet in area per sign face.
If located within a shopping center, such signs shall be regulated
by the rules applicable to signs within shopping centers.
[Amended 7-16-2018 by L.L. No. 4-2018]
(b)
Safety signs. Signs necessary for the direction or safety of
the public shall not exceed two square feet in total area per sign.
(c)
Community service organization signs.
[1]
Community service and national fraternal organizations
wishing to display their trademarks or symbols shall cooperate with
other such organizations to provide a common display. All such signs
shall be on the same sign framework. Each symbol shall not exceed
four square feet. The total sign display area shall not exceed 60
square feet.
[2]
Such display signs must receive a permit pursuant to § 108-24.3. Regardless of the location of the sign, a recommendation from the Planning Board shall be required.
[3]
No more than two community service and national
fraternal organizational display signs are allowed in the Town. Such
signs must be located at a boundary of the Town or at the entrance
to any business district.
(4)
Temporary signs. Unless exempt under § 108-24.5B, signs to be erected for short duration require sign permits which indicate the dates during which the signs may be displayed.
(a)
Such signs shall not to exceed 20 square feet in total area.
(b)
Such signs shall not be displayed by an activity or business
for more than 60 days total in any one calendar year.
(c)
Portable signs may be allowed with a permit, but are not to
exceed placement for longer than 60 days total per year.
(d)
No temporary lighting of temporary signs is permitted.
(e)
No more than one temporary sign permit may be granted to or
be in effect for an applicant at any one time.
D.
Illumination.
(1)
No illuminated sign or lighting device shall be placed or directed
so that its light is directed or beamed toward a residence, or upon
a public street, highway, sidewalk, or adjacent premises in a manner
that causes glare or reflection sufficient to constitute a nuisance
or a traffic hazard.
(2)
All illuminating devices for signs, displays or display areas
shall employ only lights emitting a light of constant intensity and
focused down on the sign, display or display areas or be focused on
the surface behind the letters to create a backlit, silhouetted effect
of a single color. No illuminating device shall include any flashing,
intermittent, rotating or moving light, excluding time-and-temperature
signs and those advertising gasoline prices. Time-and-temperature
and gasoline price signs must have a steady illumination of a constant
single color. No illuminating device shall produce a luminance greater
than 100 footcandles (100 lumens per square foot) when measured at
the face of the sign. At the Planning Board's discretion, in individual
cases where it determines a more appropriate scheme of illumination
would be ground-lit, the source of the illumination must be completely
shielded so that no portion of the light source is visible from a
public or private path or roadway, year-round.
(3)
Neon signs, where permitted under this article, shall be located only on the interior side of a window, unless a special permit is authorized under § 108-24.4B. Such signs shall emit a light of constant intensity. Neon signs are prohibited in the Greenbelt and Waterfront Districts.
(4)
The illumination of any sign from all sources shall be no greater
than that necessary for legibility by an average person at a distance
of 100 feet when walking.
(5)
For additional standards governing lighting, see § 108-4.5H(1).
E.
Sign design manual. The Town Board may adopt a sign design manual,
developed specifically for the Town or published for the general public
or for another municipality. If such a sign design manual is adopted,
it shall be incorporated by reference into this Code and shall be
available for inspection and copying in the office of the Town Clerk
or the office of the Zoning Administrator.
F.
Aesthetics.
(1)
All signs for a particular site shall be designed in accordance
with a comprehensive signage plan in which the size, materials and
color are appropriate to the dimensions and architectural details
of the structure to which they are affixed or, in the case of freestanding
signs, the structure(s) with which they are associated. Signs for
any site shall have a design unity. Design unity may be achieved by
such elements as coordinated font styles, coordinated colors, coordinated
shapes or coordinated materials. Freestanding signs should be integrated
with site landscaping where appropriate.
(2)
The size and graphic content of any sign shall be appropriate
for its intended audience. Signs that are meant to attract pedestrian
interest shall be smaller than those meant to attract the interest
of persons traveling in vehicles with local destinations, which in
turn shall be smaller than those meant to address persons traveling
in vehicles comprising through traffic.
(a)
The maximum size of any symbol or graphic shall be 10 inches
in any dimension. The Planning Board may in its discretion grant an
additional inch in dimension for every 20 feet a wall sign for a business
or structure is set back from its primary access roadway to a maximum
of 24 inches, if it finds that the additional size is necessary or
appropriate due to such circumstances as the sign's distance from
the road, the design speed of the road or the size of the building
on which the sign is placed; or that the symbol or graphic is of special
aesthetic merit.
(b)
The maximum height of any letter shall be 10 inches. The Planning
Board may in its discretion grant an additional inch in dimension
for every 20 feet a wall sign for a business or structure is set back
from its primary access roadway to a maximum of 24 inches, if it finds
that the additional size is necessary or appropriate due to such circumstances
as the sign's distance from the road, the design speed of the road
or the size of the building on which the sign is placed.
(3)
Color. The use of fluorescent or iridescent colors is prohibited.
(4)
Setting. The supporting structure and accessory components,
such as planters, poles or brackets, shall provide a setting that
enhances the purpose of the sign and contributes to the overall aesthetic
quality of the surrounding environment. The post-and-panel and low-profile
ground forms are the preferred construction of freestanding sign structures;
single-post structures are discouraged, except for post-and-single-arm
mountings; low-profile, two-post structures are allowed. Lower sign
heights are encouraged.
A.
Procedure.
(1)
Except as otherwise provided herein, no sign or other advertising
device shall be erected, constructed, displayed, moved, reconstructed,
extended, enlarged or altered except in conformity with this article
and, where applicable, without first obtaining a sign permit from
the Zoning Administrator in accordance with the procedures and standards
herein.
(2)
Application for a sign permit shall be made in writing to the
Zoning Administrator in the form and manner prescribed in Article
30. One application may include more than one sign, provided that
all signs contained in such application are to be erected at the same
time on one lot. Applications for new signs or proposed changes in
existing signs shall include plans to scale detailing the dimensions
and area of the sign(s), the location of the sign(s) on the building,
structure or property where the sign(s) will be erected or attached,
and a visual simulation or photo to scale illustrating colors, materials,
lettering, artwork, and method of illumination, if any. A permit shall
be required for any change in the size, shape, lighting, materials,
or location of an existing sign.
(3)
Each application for a sign permit shall be accompanied by the
fee as set forth in the current fee schedule adopted by the Town Board.
[Amended 7-16-2018 by L.L. No. 4-2018]
(4)
The Zoning Administrator shall, upon the filing of any application
for a sign permit, take the following action:
(a)
Examine such plans, specifications and other data submitted
with the application.
(b)
Become familiar with the building or premises upon which it
is proposed to erect such sign.
(c)
Review the sign for compliance with all the requirements of
this chapter.
(d)
If the sign is visible from the Route 9, Route 9G, or the Hudson River, or if the applicant is seeking an increase in letter or graphic size under § 108-24.2F(2), and the sign complies in all other respects with this chapter, the Zoning Administrator shall forward the completed sign application to the Planning Board for its recommendation. The Planning Board shall act upon this completed application within 45 days after receiving it from the Zoning Administrator. If the Planning Board recommends approval, and grants the requested increases in letter or graphic size, if any, the Zoning Administrator shall issue the sign permit with any conditions recommended by the Planning Board within 10 business days of the determination by the Planning Board. If the Planning Board recommends disapproval, the Zoning Administrator shall so advise the applicant in writing.
(e)
If the Zoning Administrator determines that the sign complies with all requirements of this chapter and is not visible from Route 9, Route 9G, or the Hudson River, and if no increases in letter or graphic size under § 108-24.2F(2) are sought, the Zoning Administrator shall, within 10 business days thereafter, issue a sign permit.
(f)
In the event that the Zoning Administrator determines that the
proposed sign is not in compliance with all the requirements of this
chapter, such application shall be denied and returned to the applicant.
The Zoning Administrator shall advise the applicant in writing of
the deficiencies found in the application and the action necessary
to correct such deficiencies.
(5)
The Zoning Administrator, under the provisions of Article 30
of this chapter, shall consider any sign that does not fully conform
to the requirements of this article to be in violation of the provisions
of this chapter.
(6)
If the work authorized under a sign permit has not been completed
within six months after the date of issuance, such permit shall become
null and void. The applicant may apply to the Zoning Administrator
for an extension, up to an additional six months from the date of
the original permit.
A.
No off-premises commercial signs shall be allowed in any district.
B.
No illumination shall transmit through or from the face of a sign
or through or from its letters and graphics, and no sign shall contain
flashing, intermittent, rotating, or moving lights, except that one
nonflashing neon, LED or fiber optics sign not exceeding three square
feet may be allowed inside the window of a business establishment.
Period-style lighting in or on a part of a sign, including neon, may
be permitted at the discretion of the Planning Board by special use
permit, where it determines that such design elements complement or
are essential to the architecture of the building or the theme of
the proposed business.
C.
No sign or any part thereof shall contain or consist of any moving,
rotating, or revolving device.
D.
No sign shall be allowed on a roof.
E.
No sign, display, display area, or part thereof, or devices to attract
attention shall move or contain or consist of pennants, ribbons, streamers,
spinners, banners, flags, posters, or other moving lights, fluttering
or revolving devices.
F.
No sign shall display pornographic images or offensive sexual material
prohibited by § 235.05 and/or § 245.11 or any
other section of the New York State Penal Law.
[Amended 7-16-2018 by L.L. No. 4-2018]
G.
No signs or images may be projected onto walls or other surfaces.
Televisions and monitors, including flat-screen displays, shall not
be used for advertising or information, except so as to not be directly
exposed to public view from a store exterior.
H.
No sign placed or erected out-of-doors shall be constructed of paper,
cardboard or canvas, except that signs on awnings and canopies may
be constructed of or printed on canvas.
The following types of signs may be erected and maintained without sign permits, Planning Board review, or fees, provided that such signs comply with the general regulations in § 108-24.2 and with all other requirements of this chapter. As used in this section, the term "residential uses" shall include mixed-use lots on which at least 50% of the floor space is residential.
A.
Permanent signs.
(1)
Property identification signs not exceeding two square feet
in area, such as signs bearing only the property name, numbers, postal
route box numbers, 911 emergency address numbers, image or logo or
names of the occupants of the premises.
[Amended 7-16-2018 by L.L. No. 4-2018]
(2)
One sign, not exceeding 16 square feet in area, designating
a farm.
(3)
Flags, insignia or signs of any governmental agency, and such
other flags as may be specifically permitted, or required, by New
York State, or federal statutes.
[Amended 7-16-2018 by L.L. No. 4-2018]
(4)
Information signs. Signs providing information to the public
such as public utility information signs, safety signs, "danger" signs,
"no trespassing" signs, local, state and/or national historical markers,
traffic control signs on public roads and all signs duly erected by
a public officer in the performance of a public duty.
[Amended 7-16-2018 by L.L. No. 4-2018]
(5)
One on-premises sign, either freestanding or attached, in connection
with any residential building for permitted home occupations, not
exceeding two square feet and set back at least 10 feet from the street
right-of-way. Such signs shall state name and occupation only, and
shall not be illuminated.
(6)
A memorial, tablet, plaque or similar device that is less than
two square feet in area, and is cut into, or mounted on, the facade
of a building in commemoration of a person or event.
(7)
Named bricks and similar memorials and sponsorships as part
of any volunteer-assisted improvements.
(8)
Signs erected and maintained by any governmental agency for
the protection of the health, safety or general welfare of the public.
(9)
Customary signs identifying the brand, grade, price and tax
of fuel on fuel dispensers, but no other unrelated signs, symbols,
banners or other devices.
B.
Temporary signs.
(1)
Temporary nonilluminated "For Sale" or "For Rent" real estate
signs and signs of similar nature, concerning the premises upon which
the sign is located: for residential uses, one sign per lot, not exceeding
six square feet per sign face; for business or industrial uses, one
sign per lot, not exceeding 12 square feet, and, if freestanding,
set back at least 15 feet from all property lines. All such signs
shall be removed within three days after closing of the sale, lease,
or rental of the premises.
(2)
Temporary nonilluminated window signs and posters not exceeding
25% of each window surface and not exceeding four square feet per
window, removed or replaced on a weekly or monthly basis.
[Amended 7-16-2018 by L.L. No. 4-2018]
(3)
One temporary sign for a roadside stand selling agricultural
produce grown on the premises in season, provided that such signs
do not exceed 32 square feet each, are set back at least 10 feet from
the public right-of-way, and are removed at the end of the selling
season.
(4)
On-premises signs for garage, porch and yard sales and auctions,
not exceeding four square feet for a period not exceeding four days.
(5)
Signs not exceeding six square feet on residential property
or 16 square feet on nonresidential property, for primary, special
or general elections, or referenda, provided that such signs shall
be posted for no more than 60 days prior to the election and shall
be removed within seven days following the election.
(6)
One sign not exceeding six square feet on residential uses,
or one sign not exceeding a twelve-square-foot double-sided sign on
nonresidential uses, listing the architect, engineer, contractor and/or
owner, on premises where construction, renovation, or repair is in
progress.
(7)
Signs advertising special events or hours of operation for not-for-profit
organizations, such as firemen's field days, church bazaars, bake
sales and the like. Such signs shall not exceed six square feet in
area and shall not be displayed for more than 30 days annually.
(8)
Signs marking areas of highway or utility construction, repair,
or maintenance.
(9)
Seasonal displays generally recognized or associated with national,
state or religious holidays, except when displayed in connection with
commercial promotion.
(10)
Signs erected and maintained by any governmental agency for
the protection of the health, safety or general welfare of the public.
(11)
Sandwich board signs, no larger than six square feet per side,
with a maximum of two sides, and one banner no larger than six square
feet, no more than twice a year, and no more than 30 calendar days
per use.
(12)
Other temporary signs. Other temporary signs may be erected
on property within any zoning district subject to the following requirements:
[Added 7-16-2018 by L.L.
No. 4-2018]
(b)
Such signs shall not exceed six square feet in total area;
(c)
Such signs shall not be displayed for more than 60 days total
in any one calendar year on any one property;
(d)
Portable signs are permitted but the placement of the same shall
not be for longer than 60 days total per year;
(e)
No lighting of such temporary signs is permitted;
(f)
No more than one temporary sign may be displayed on a property
at any one time. Each unit within a shopping center shall be entitled
to one temporary sign.
A.
Signs advertising an establishment or institution that has permanently
closed shall be removed within one month of such closure.
B.
The Zoning Administrator shall notify in writing the owner of any
sign which no longer serves the purpose for which it was erected,
or which poses a safety hazard to the public or is otherwise in violation
of this article. The Zoning Administrator shall order such owner to
remove or correct the unsatisfactory condition of such sign within
30 days from the date of such notice.
C.
Upon failure of the owner to comply with such notice within the prescribed time, and provided the order of the Zoning Administrator has not been stayed or reversed by the Zoning Board of Appeals pursuant to § 108-33.4 of this chapter, the Zoning Administrator is hereby authorized to secure, repair, remove, or cause the removal of such sign. All costs of securing, repairing, or removing such sign, including related legal fees and expenses, shall be assessed against the land on which the sign is located and shall be levied and collected in the same manner as provided in the Town Law for the levy and collection of a special ad valorem levy. In the alternative, the Zoning Administrator may issue an appearance ticket as authorized in § 108-30 and shall advise the Town Board of all of the facts in the case.
D.
Emergency provisions. Where it reasonably appears that there is imminent danger to life, safety, or health or imminent damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Zoning Administrator is authorized herein to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection C above.
[Amended 3-9-2015 by L.L. No. 1-2015; 7-16-2018 by L.L. No. 4-2018
It is the express intent of this section to supersede General
Municipal Law § 74-c pursuant to § 10 of the Municipal
Home Rule Law. Signs that do not conform with this chapter and that
were legally in existence prior to the effective date of this chapter
or any amendment thereof that makes the sign noncompliant shall be
permitted to continue as set forth below:
A.
Alteration. Prior nonconforming signs may be altered only if the
alterations increase their conformity with this chapter. This provision
shall not prohibit routine maintenance and/or repair of such signs.
B.
Upon any change of use or expansion of use, or change of tenancy, all prior nonconforming signs related to such prior use or tenancy shall be removed, changed or altered to conform to the provision of this chapter within a period not to exceed 30 days unless a special permit is granted pursuant to § 108-24.7D.
C.
Illegal signs. Signs that were not in compliance with the sign regulations
of the Town existing prior to September 8, 2005, or any amendment
thereto, shall not be considered protected prior nonconforming structures
and shall be treated as violations.
D.
Special use permit. Applicants with prior nonconforming signs may
request a special permit from the Planning Board to continue their
use upon a change in use, expansion of use or change of tenancy. In
considering such requests, the Planning Board shall determine whether
continuation of said signs would negatively impact the historic or
scenic character of the community. Once granted, any such special
use permit will automatically expire if the use, business or business
name changes or ceases for more than six months.
Application for permission to operate a scrap yard in the Town
must be made to the Zoning Administrator as provided in Article 30
of this chapter. A scrap yard use requires a special use permit pursuant
to Article 8 of this chapter. If the applicant is granted a special
use permit, the applicant must obtain site plan approval from the
Planning Board and a scrap yard license from the Town Clerk in order
to obtain and retain a certificate of occupancy for a scrap yard use.
Notwithstanding the fact that scrap yards are a potential hazard in any district in the Town, in the course of the special use permit process the Planning Board will be addressing the question of possible location if the scrap yard applicant can show that the scrap yard proposal meets the standards of § 108-8.
No person shall engage in or conduct within the Town, either
for himself or on behalf of any other person, directly or indirectly,
in any scrap yard use without first obtaining a special use permit,
a scrap yard license, and site plan approval.
A.
Application for special use permit, site plan approval and license. Along with his combined application for a special use permit, site plan approval and license, the applicant shall submit to the Zoning Administrator a map or plan of the property upon which he intends to conduct the scrap yard use. Such map or plan shall be prepared according to the standards for a site plan application under § 108-9.4. The map or plan shall show the property boundaries and neighboring lots, area of the property proposed to be used as a scrap yard, the required screening, the required buffer area, the areas of ingress and egress, the location of any buildings and other structures, utilities, adjoining landowners, drainage features, lighting, watercourses and other natural features, and any internal alleys that will remain open for safety and fire protection. Such map or plan shall be prepared to scale and signed and sealed by a licensed land surveyor, architect, landscape architect, engineer or other licensed professional.
B.
Issuance of license. Before the Town Clerk may issue a scrap yard
license, the applicant must provide the Clerk with a valid special
use permit issued by the Planning Board for the subject scrap yard
use. In addition, before issuing the license, the Clerk shall have
received from the Zoning Administrator a report indicating that the
applicant has filed a complete application in accordance with the
requirements of this article. Upon receipt of this information and
payment of the required fee set forth in the current fee schedule
adopted by the Town Board, the Town Clerk shall issue the license,
which shall be valid for one year, subject to annual renewal. Such
license shall be posted prominently in the licensee's scrap yard and
made available for inspection upon request by the Zoning Administrator.
C.
Existing scrap yard. Any person engaged in the scrap yard business
as of the effective date of this chapter must apply for a scrap yard
license under this article within 30 days. If said scrap yard operator
is in possession of a junkyard license under the prior Zoning Law,
he shall not be required to apply for a scrap yard license under this
chapter until his junkyard license is due for its annual renewal.
Any legally existing scrap yard business as of the effective date
of this chapter shall not be required to obtain a special use permit
or site plan approval as a requirement of the renewal of his license.
E.
License personal to licensee. A scrap yard license is personal with
the licensee, and does not run with the land, or transfer to a new
owner with the transfer of title to the property. A scrap yard license
cannot be sold or otherwise transferred to any other person or entity,
except to a corporation or other business entity owned or controlled
by the licensee.
F.
Revocation. A scrap yard license may be revoked by the Town Board
for failure to comply with the requirements of this chapter, after
a public hearing thereon at which the licensee shall have the opportunity
to be heard. Upon revocation of the license, the Town Board shall
order the removal of the scrap material and the remediation of the
property. If the licensee fails to do so within 60 days of the order,
the licensee may be deemed in violation of this chapter and subject
to the appropriate penalties and judicial enforcement action. Conviction
of the offense of violation of this chapter shall be grounds for immediate
revocation of the license.
A.
Management. The licensee must personally manage or be responsible
for the management of the scrap yard business for which the license
is granted.
B.
Maintenance. The licensee must maintain a sufficient number of employees
on the premises to ensure the proper and safe conduct of the scrap
yard business, to maintain the scrap material in rows or areas with
open alleys or fire lanes between to allow passage of emergency vehicles,
to contain any fires, and to minimize fire hazards in general.
C.
Screening. A scrap yard shall be fully enclosed and completely screened
from adjoining parcels and all public ways with fencing or a combination
of said fencing and evergreen landscaping approved by the Planning
Board. A scrap yard shall also provide a setback around the entire
perimeter of the required screening that is no less than 50 feet in
depth. This setback shall be infilled with a vegetative cover.
E.
Inspection. The Zoning Administrator, Building Inspector, Town Engineer,
Planning Board and any other official of the Town or representative
of the Town Board shall be permitted access to the scrap yard at all
reasonable times to inspect the same for compliance with the provisions
of this chapter.
F.
Fire extinguishers. A scrap yard shall maintain a minimum of one
functioning fire extinguisher, of approved design and capacity, for
every 40,000 square feet of area of scrap yard. Each such fire extinguisher
shall be mounted in a conspicuous place, clearly marked and available
for use at all times. Each such fire extinguisher shall be in addition
to any other required fire-extinguishing equipment.
A.
To the extent that any conflict exists between this Article 26 and
any other provision of this chapter, the provisions of this article
shall prevail. Manufactured home parks are not overlay districts.
They have their own bulk and other requirements and shall be treated
as separate districts.
[Amended 8-24-2009 by L.L. No. 2-2009]
B.
Except as provided herein, it shall be unlawful for any person or
persons to install a manufactured home other than in a manufactured
home park.
A.
An existing nonconforming manufactured home, not in a licensed manufactured
home park, may remain with the following restrictions:
(1)
If the manufactured home is destroyed by accident or by act of God, either partially or completely, it may be repaired or replaced by a similar type of manufactured home on the same lot, provided that the setback requirements of § 108-5.15 are complied with. The replacement of the manufactured home may not exceed 150% of the square footage of the original manufactured home.
(2)
Any replacement manufactured home must be less than 10 years
old.
(3)
An application fee established by the Town Board and set forth
in a fee schedule shall accompany a request for a replacement manufactured
home.
(4)
The anchoring and structure must meet the current NYS Building
Code.
B.
An existing manufactured home within a nonconforming licensed manufactured
home park may remain with the following restrictions:
(1)
Any manufactured home in a manufactured home park may be replaced
with another manufactured home. A replacement manufactured home may
be placed on a new or previously existing pad in any existing licensed
manufactured home park within the lot, provided the location of the
replacement manufactured home meets the following:
(a)
It conforms to or exceeds the standards of separation generally
existing in the park but in any case is no closer than 12 feet to
an existing manufactured home or any extension from it.
(b)
It is set back from all property boundary lines as much or more
than the predecessor home. If the location of the predecessor home
exceeded a required setback, the replacement home need only meet such
required setback. A replacement manufactured home placed in a different
location in the park must conform to the required setbacks for a manufactured
home park.
(c)
All applicable building and fire safety code standards shall
be observed in the installation of the manufactured home.
(d)
The anchoring and structure must meet the current NYS Building
Code.
(e)
There is no required minimum width for a replacement manufactured
home.
(2)
Before a replacement manufactured home is placed on the same
lot or location within an existing park, a plot plan, drawn to scale,
showing the location of the replacement manufactured home on the lot
on which it is to be located, together with the location of homes
and the boundary line of the park on each adjacent lot, shall be submitted
to the Zoning Administrator. Where no lot lines exist for individual
lots within a manufactured home park, a lot line shall be deemed to
exist equidistant from two adjacent manufactured homes unless a parking
apron, accessory structure or other circumstances require the location
of an adjacent lot line at a different location.
(3)
Before a replacement manufactured home is placed on a different
lot or location within an existing park, site plan approval by the
Planning Board is required.
(4)
Any replacement manufactured home must be less than 10 years
old.
(5)
An application fee established by the Town Board and set forth
in a fee schedule shall accompany a request for a replacement manufactured
home.
(6)
No carport, covered patio or similar addition, whether enclosed
or not, shall be placed closer to any manufactured home lot line than
10 feet.
[Added 8-24-2009 by L.L. No. 2-2009]
A.
Site plan approval. Site plan approval is required for a new manufactured
home park, modification of an existing conforming manufactured home
park or upgrade to conforming status of an existing nonconforming
manufactured home park. In addition to that which is required by Article
9 of this chapter, any applicant for a new manufactured home park
site plan approval shall furnish the following information:
(1)
Boundaries of the manufactured home park.
(2)
A manufactured home park plan, showing entrances, exits, walkways,
parking areas and manufactured home sites or lots.
(3)
Method and plan for sewage disposal.
(4)
Method and plan for garbage and refuse disposal.
(5)
Method and plan for water supply.
(6)
Plan for electric lighting.
(7)
The names and addresses of all owners and operators.
(8)
Additional information as may be reasonably required by the
Planning Board.
B.
Park plan.
(1)
A manufactured home park shall have an area of not less than
10 acres and shall be adequate to facilitate a minimum of 20 manufactured
homes. The term "facilitate" shall mean that a minimum of 20 spaces
shall be ready for immediate occupancy and hookup without any further
approval of sewage or water installation.
(2)
No manufactured home lot or office or service building shall
be closer to the street line than 150 feet or closer to other property
lines than 50 feet. Margins along the side and rear property line
of the manufactured home park shall be planted with at least two rows
of staggered, deciduous and/or evergreen trees spaced not more than
20 feet apart. The minimum height of planting must be three feet.
Additional landscaping may be required at the discretion of the Planning
Board during site plan review.
(3)
All internal drives within the park shall be hard surfaced,
meeting the minimum standards of the Town road specifications, and
they must be adequately lighted at night to ensure the safety of tenants.
(4)
A landscaping plan shall be submitted as a part of the park
plan. The landscaping plan shall show which existing trees and vegetation
will be preserved. Where trees and vegetation do not exist, the landscaping
plan shall show the type, size and location of landscaping to be provided.
(5)
A minimum of 10% of the total park area shall be set aside and used for open space or recreational area for the park. Such land shall be suitable for such use and shall be maintained by the owner of the park in a neat and usable condition for the residents of the manufactured home park. Setbacks from streets and property line required in Subsection B(2) above shall not be deemed to be a part of the required recreation or open space areas.
(6)
Individual manufactured home lots shall have six square feet
of land area for each square foot of manufactured home floor area
permitted on said lot. No manufactured home lot shall be less than
5,000 square feet.
(7)
No manufactured home shall be placed closer to any other manufactured
home than 35 feet. No carport, covered patio or similar addition,
whether enclosed or not, shall be placed closer to any manufactured
home lot line than 10 feet.
(8)
Parking spaces shall be provided at the rate of at least one
car space for each manufactured home, plus an additional car space
for each two lots. Parking spaces shall be not less than nine feet
by 18 feet per space in area.
C.
Additional provisions. Each manufactured home park shall provide
sanitary conveniences, service and utilities, including water supply,
sewage disposal and garbage disposal, commensurate with the following:
(1)
Water supply must comply with all requirements of the Dutchess
County Department of Health.
(2)
Sewage disposal shall be provided in compliance with the Dutchess
County Department of Health.
(4)
Storage. A storage space within a building(s) shall be provided
in an amount equal to at least 80 square feet for each manufactured
home lot in the manufactured home park.
(5)
Maintenance.
(a)
The under portion of the manufactured home shall be properly
enclosed within 30 days.
(b)
All service buildings and the grounds of the park shall be maintained
in a clean, sightly condition and kept free of any condition that
will menace the health of any occupant or the public or constitute
a nuisance.
(6)
Manufactured home park register. It shall be the duty of each
licensee and permittee to keep a register containing a record of all
manufactured home owners and occupants located within the park.
(a)
The register shall contain the following information:
[1]
The name and address of each manufactured home
occupant.
[2]
The names and addresses of the owners of each transient
manufactured home and motor vehicle by which it is towed.
[3]
The make and license number of each manufactured
home and motor vehicle by which it is towed.
[4]
The date of arrival and of departure of each transient
manufactured home.
[5]
The number of adults and children in each manufactured
home.
[6]
The number of dogs in each manufactured home.
(b)
The park shall keep the register available for inspection at
reasonable times by law enforcement officers, public health officials
and other officials whose duties necessitate acquisition of the information
contained in the register.
(c)
The register record for each occupancy register shall not be
destroyed for a period of three years following the date of departure
of the registrant from the park.
(7)
Accessory structures and/or additions.
[Amended 8-24-2009 by L.L. No. 2-2009]
(8)
Inspection. Before any park commences operation, the Zoning
Administrator shall make an inspection of the premises to determine
that all requirements of this chapter have been met. No use shall
be permitted until a certificate of occupancy has been issued.
(9)
Snow removal. Internal drives shall be kept free of snow by
the licensee.
A.
It shall be unlawful within the Town for any person or persons to
operate a manufactured home park without first securing a written
license from the Town Board and complying with the regulations of
this chapter. For conforming manufactured home parks, such license
shall be issued only after site plan approval and construction in
accordance with the approved plan.
B.
The application for such annual license or the renewal thereof shall
be filed with the Town Clerk and shall be accompanied by the fee set
forth in the current fee schedule adopted by the Town Board. Each
manufactured home shall be assessed on the tax rolls of the Town against
manufactured home park owners in accordance with § 102 of
the New York Real Property Tax Law.
C.
The application for a license or renewal thereof shall be made on
forms prescribed by the Town and shall include the name and address
of the owner in fee of the tract. If the fee is vested in some person
other than the applicant, a duly verified statement by the person
that the applicant is authorized by him or her to construct or maintain
the manufactured home park shall accompany the application. Each license
or renewal thereof shall expire on the 31st day of December following
the issuance thereof.
D.
A license or renewal shall not be issued until the park or park site
has first been checked by the Zoning Administrator for verification
that the park or park site complies with the regulations of this chapter.
If the Town Board finds that all the conditions have been met, it
shall approve the issuance of a license by the Town Clerk.
E.
Revocation of license. Whenever the Zoning Administrator has reasonable
grounds to believe that any licensee is in violation of any of the
provisions of this chapter, he/she shall notify such licensee or the
licensee's agent of such violation, together with a demand that such
violation be corrected or terminated. Such notice shall be in writing
and shall state the nature of the violation and may be served upon
the person to whom it is directed either by delivering it personally
to him/her or by posting the same upon a conspicuous portion of the
premises or by sending a copy of such notice by registered mail. In
the event that such violation shall continue for a period of five
days after the service or mailing of such notice as herein set forth,
the Zoning Administrator may revoke any license issued pursuant to
this chapter. Notwithstanding any of the foregoing provisions, any
license to maintain and operate a park may be revoked by the Zoning
Administrator after the licensee has been found guilty in any court
of competent jurisdiction of the violation of any provision of this
chapter. After such violation of any provision of this chapter has
been remedied and/or corrected, the Zoning Administrator may reissue
the license.
F.
Transfer of license. Upon application in writing for transfer of
a license and the payment of the transfer fee set forth in the current
fee schedule adopted by the Town Board and upon strict compliance
with these regulations, the Town Clerk shall issue the transfer of
such license.
G.
Renewal of license. Upon application in writing by a licensee of a manufactured home park for the renewal of a license and upon inspection and approval of the Zoning Administrator or his/her appointed inspectors and the payment of the required fee, the Town Clerk shall forward such renewal to the Town Board for authorization to renew such license. For purposes of interpretation, if the Zoning Administrator should find the park to be in violation of the rules or regulations of the County Health Department and/or Chapter 7 of the Sanitary Code of the State of New York and/or violations of the strict adherence to any ordinances applicable to manufactured home parks, the renewal of such license may be withheld until such time as necessary corrections have been made. Such corrections shall be made within 90 days from the time of inspection or application, whichever constitutes the longer period of time. Any violation not remedied in accordance with the provisions of this chapter shall constitute a violation of § 268 of the Town Law.
The following provisions apply to used car lots:
A.
All used car dealers are required to obtain site plan approval for
the operation of a used car lot, whether or not the dealer is licensed
by the State of New York. The application for site plan approval shall
be submitted to the Zoning Administrator, who shall review the application
to determine if it is complete. The application shall satisfy the
requirements for site plan approval applications set forth in Article
9. Upon determining that the application is complete, the Zoning Administrator
shall forward the application to the Planning Board.
B.
The Planning Board shall review the site plan pursuant to Article
9. The Planning Board shall serve as lead agency for purposes of SEQRA
review and shall conduct a coordinated review with other involved
agencies for purposes of SEQRA compliance. The Planning Board may
approve, approve with conditions, or deny the site plan.
C.
Upon approval of the Planning Board of the site plan, the dealer
may apply to the Town for a used car dealer license. All license applications
are made through the Zoning Administrator and are issued by the Town
Clerk. Following approval by the Zoning Administrator, all license
fees and renewals shall be paid to the Town Clerk, who shall issue
the license or renewal. The only determination to be made by the Zoning
Administrator in reviewing the license application is whether the
dealer is in compliance with the provisions of the site plan approval.
D.
Upon approval of the Zoning Administrator, the Town Clerk shall issue
the license after Town Board approval. The license shall expire on
December 31st of the issuing year and shall be renewable annually
if the premises have been operated in accordance with the site plan
approval and the regulations contained in this chapter. The Zoning
Administrator shall authorize the renewal of the license each year
as long as the premises remain in compliance with the site plan approval.
The license from the previous year will remain in force and effect
until a decision on renewal is made by the Zoning Administrator. If
the Zoning Administrator determines that the used car lot is not being
operated or maintained in compliance with the site plan approval,
the Zoning Administrator shall recommend to the Town Board disapproval
of the renewal of the license.
E.
If at any time during the year in which a license is in effect the
Zoning Administrator shall determine that the used car lot is not
being operated or maintained in compliance with the site plan approval,
the Zoning Administrator shall serve the licensee with a notice of
violation and order to remedy. If the violation is not remedied within
the time period allowed in the order to remedy, the Zoning Administrator
shall make a recommendation to the Town Board that the license be
revoked.
F.
No used car lot shall be operated in the Town without a used car
dealer license.
G.
Used car sales not on a used car lot are regulated in § 108-30.6B(4).
A.
There shall be a sales office located on each used car lot, which
shall be an enclosed structure. No storage of used parts shall be
allowed unless the same are stored in an enclosed structure. All repairs
shall be performed in an enclosed structure. The approved site plan
shall show the size and location of these structures.
B.
There shall be a customer parking area located on each used car lot
sufficient to accommodate a minimum of five customer cars.
C.
Each used car lot shall accommodate no more than one used car per
400 square feet of property, and there shall be no less than two feet
between each car.
D.
No car unable to pass state inspection shall be stored on a used
car lot for more than 30 days.
E.
Used car sales signage must be in conformity with Article 24. Each
used car for sale is permitted one sign, with an area of one square
foot. Such cars shall have no other advertising or devices to attract
attention.
[Added 11-28-2016 by L.L.
No. 10-2016; amended 11-15-2021 by L.L. No. 10-2021]
A rural event venue must demonstrate compliance with the following standards in addition to the special use standards set forth in § 108-8.4A of the Zoning Law and site plan standards set forth in § 108-9.5:
A.
The rural event venue shall be located on a site with a minimum of 20 acres. The rural event venue shall be only located in an event structure as that term is defined in § 108-2.2 and shall be accessory to a principal use otherwise allowed in the applicable zoning district. Rural event venues shall utilize the principal or accessory buildings on the site. A rural event venue shall not be established as a separate stand-alone use. The creation of any additional principal use or expansion of the existing principal use which requires a site plan and/or special use permit application shall also require that the special use permit for a rural event venue approved on the same property be resubmitted to the Planning Board for review and reapproval. The Planning Board at that time shall determine what additional information may be needed as part of said review.
B.
The site of the rural event venue shall have at least two means of
egress, at least one of which is adequate for emergency vehicles,
as determined by the Planning Board in consultation with emergency
responders based on its width, length, surface, and ability to support
the gross vehicle axle weight of emergency vehicles.
C.
The maximum number of attendees at a rural event venue shall be 300,
exclusive of employees, caterers, and similar support personnel. The
Planning Board, in its discretion, may lower the maximum number of
attendees for an event venue, or establish a maximum total number
of events, based on its review of the application, adjoining land
uses, location of the event venue in a neighborhood generally and
on the property specifically, and other standards set forth herein.
The Planning Board shall establish the maximum number of events permitted
in any calendar year as part of the special use permit and site plan
approval, which events shall not exceed 12 per calendar year, except
the Planning Board, in its discretion, may allow up to 24 events per
calendar year. In determining the number of events that shall be allowed,
the Planning Board shall consider the following:
(1)
The site can accommodate the capacity and frequency of the events
without impacts to the community character, privacy of adjoiners,
ambient noise levels, traffic patterns, and other characteristics
of the neighborhood.
(2)
Activities will be accommodated within indoor building space,
especially those that generate significant noise, such as amplified
sounds from bands.
(3)
The streets giving access thereto can readily accommodate traffic
that will occur on a regular basis and will not result in any queuing
of vehicles on the road or present a nuisance to motorists accessing
properties along the same or adjacent roads.
(4)
The events will not be of such a scale or at a frequency to
require the use of local security/law enforcement.
(5)
Septic generation and water supply demand can be accommodated.
(6)
The impact of the event venue on fire and police protection
and ambulance service to the areas contiguous to the event and to
the Town in general shall be de minimis.
(7)
The number of rural event venues shall not require or result
in the installation of tents, portable restrooms, and restroom trailers
for longer than one week, or more than two events, whichever involves
a lesser time period, unless the Planning Board makes a finding that
the installation of said facilities for a longer time period will
not result in any detrimental sanitary conditions and meets all applicable
regulations.
(8)
Whether the owner/operator has violated a previously issued
special use permit for an event venue.
(9)
Any other findings related to the health, safety, and welfare
of the general public.
(10)
The rural event venue meets the Uniform Fire Code where applicable.
D.
The applicant shall demonstrate that all required parking can be
accommodated on-site. This requirement shall not preclude a rural
event venue from utilizing shuttle buses or other methods of guest
transportation.
E.
All events shall be provided with adequate potable water and sanitary
system as determined by the Planning Board Engineer and/or the Department
of Health.
F.
No parking areas, structures, gathering locations, or other facilities
or structures being used in connection with the rural event venue,
other than a driveway(s), shall be located within 100 feet of any
property line. The Planning Board shall require appropriate buffers
between the rural event venue and adjoining properties, given the
size of parcel, the natural topography, and vegetative cover.
G.
Seating for events may occur outdoors, under a fabric structure temporarily constructed on the property, or in an event barn meeting the standards in § 108-28.2 below. The use of fabric structures such as tents shall be allowed accessory to the event structure associated with the principal use of the property. Nothing herein shall allow the establishment of a rural event venue that solely utilizes fabric structures.
H.
Locations for proposed temporary fabric structures must be included on the site plan. All buildings and structures, including fabric structures, to be used as part of the rural event venue shall, where required, obtain a certificate of occupancy for their intended uses, including an event structure meeting the standards in § 108-28.2 below.
I.
The Planning Board, in granting special use permit and site plan approval, shall determine the permitted hours of operation of a rural event venue. Events shall commence no earlier than 10:00 a.m. and shall terminate no later than 10:00 p.m. on Sundays through Thursdays and no later than 12:00 midnight on Fridays and Saturdays. No single event shall have a duration longer than 48 hours. However, the Planning Board shall have the power to modify the commencement and termination times for a particular site in accordance with § 108-28.3A(4) based upon the specifics of the application before it, provided the modifications do not impact the health, safety and welfare of the neighborhood and the surrounding community. For purposes of this section, "termination" shall mean the termination of food, drinks, service, and entertainment, with the understanding that attendees and servers will need a reasonable amount of time after termination to exit the premises. An event management plan shall be prepared and submitted to the Planning Board for review as part of the special use permit and site plan application. The plan shall include provisions for traffic and parking management, hours of operation, noise abatement, sanitary facilities and maximum number of guests. The plan shall also include a list of contacts for specific distress or emergency situations to be used by the guests which shall be provided for each event, and the legal name and address of an emergency contact person at the site shall be provided. The Planning Board may, in its discretion, require that events provide for adequate on-site ambulance coverage. The event management plan shall be incorporated into the special use permit and site plan approval.
J.
The application, site plan and event management plan shall be referred
by the Planning Board to the appropriate fire district, fire department
or other fire and safety provider for comment and recommendations
with regard to fire and safety issues associated with the operation
of the rural venue and the use of an event barn, if proposed. The
application may also be referred to the applicable highway department
and Hyde Park Police Department at the discretion of the Planning
Board.
Rural event venues may utilize event structures, including, but not limited to, barns, as defined in § 108-2.2 of this Zoning chapter, provided the following criteria are satisfied:
A.
The use of an event structure shall be permitted only after issuance
of a building permit and a certificate of occupancy for public assembly
by the Town's Code Enforcement Officer.
B.
The applicant shall provide the Code Enforcement Officer and Zoning
Administrator with a plan prepared by a registered licensed design
professional to improve the event structure to enable it to obtain
a certificate of occupancy for an assembly area, where none exists.
A copy of the plan shall also be submitted to the Planning Board as
part of site plan review.
C.
The occupancy of the event structure shall not exceed occupancy load
and exiting provisions of the New York State Uniform Code and those
occupancy load limits shall be posted at the premises by the Town's
Code Enforcement Officer. Nothing shall be interpreted to allow more
than 300 attendees as part of a rural event venue.
A.
The special use permit and site plan for a rural event venue must
include:
(1)
The maximum number of attendees permitted during any event.
(2)
The hours of operation of the special event venue and whether
amplified sound is permitted.
(3)
Any other conditions on operation, design, and layout reasonably
necessary to ensure compatibility with surrounding uses and to protect
the natural, historic, and scenic resources of the Town and of the
Waterfront and Greenbelt Districts.
(5)
The event management plan shall be attached to the special use
permit and shall be made a condition of same.
(6)
The Planning Board may establish a time period for the expiration
of any special permit based on the specific nature of the rural event
venue.
B.
Once a special use permit has been granted to permit a rural event venue at a particular site, individual events may be held at the site without further review by the Planning Board so long as such events are compliant with the limitations in the event management plan and special use permit, including the limits on the total number of events established by the Planning Board as part of the special use permit as per § 108-28.1C.
(1)
Notice of individual events shall be provided via electronic mail to the Town Zoning Administrator, Town, County and State Police Departments and the applicable fire district 30 days before each event, or as soon as possible for events scheduled on less than 30 days' notice. Rural event venues shall be enforced in accordance with §§ 108-30 and 108-35.1 of this Zoning chapter and Chapter 78, Nuisances.
A.
Renewals. A rural event venue special permit shall be renewed annually.
The rural event venue shall be valid for a period of one year from
the date that a certificate of occupancy is issued for same, and it
shall automatically renew upon submission by the record owner of an
annual certification attesting that the rural event venue is operating
in accordance with its special use permit and site plan and payment
of an annual renewal fee. The special permit shall renew upon a determination
by the Zoning Administrator that the use has been maintained in accordance
with all requirements herein and any applicable conditions of the
approval. The Zoning Administrator has the authority to inspect the
facilities to ensure all conditions are met.
B.
If the Zoning Administrator determines at any time prior to renewal
that the use has not been maintained in accordance with the requirements
herein or any applicable conditions of approval, the Zoning Administrator
shall give notice of such determination to the record owner and the
record owner shall submit an application to the Planning Board for
approval in order to continue operation. The Planning Board shall
approve, disapprove, or approve with conditions the rural event venue,
as amended, after a public hearing is held. The Planning Board shall
consider the Zoning Administrator's findings in evaluating whether
to renew the special use permit.
C.
The annual renewal fee is in accordance with the Town of Hyde Park
Fee Schedule.
[Added 10-5-2020 by L.L. No. 2-2020]
All commercial indoor and outdoor recreational uses shall adhere
to the following requirements:
A.
Minimum bulk requirements. No portion of any outdoor commercial recreation
facility area shall be located closer than 50 feet to any property
line. Parking shall not be permitted in the front yard. One or more
recreational uses are allowed on a lot.
B.
Location. Outdoor recreation facilities shall be located on-site
and in a manner that minimizes any potential impacts on nearby residential
properties. Consideration shall be given to locating outdoor facilities
away from residential property lines. The Planning Board may require
that said facilities be screened through use of vegetation, fencing,
or a combination thereof from adjoining residential properties.
C.
Hours of operation. The hours of operation may be limited to minimize
impacts associated with noise, lighting, traffic and similar potential
effects which may be disruptive to adjoining uses.
D.
Site lighting. A lighting plan shall be provided and designed so
as not to negatively impact adjoining residential properties. The
Planning Board shall have the power to require downlighting or other
mitigation measures to ensure that the lighting of the facility does
not violate dark sky guidelines. The Planning Board may approve a
light fixture that exceeds the height set forth in the Schedule of
Bulk Regulations[1] for an outdoor recreation use, provided that it finds
that the lighting is integral to operation of the activity and there
will be no detrimental impact on adjoining uses.
[1]
Editor's Note: The Schedule of Bulk Regulations is included as an attachment to this chapter.
E.
Noise. Adequate evidence shall be furnished by the applicant demonstrating
that noise levels will not likely disturb nearby residential properties.
Such evidence must take into account the nature of the activity, the
general demeanor of the participants, the frequency of the activity,
and the time and day of the proposed activity. Public address systems
are prohibited.
F.
Waste. The site plan shall demonstrate that wastes, including runoff
containing fertilizer, pesticides, as well as solid waste will be
contained, treated, and disposed of in accordance with applicable
local, county, state, and federal regulations. The Planning Board
shall approve the location of any port-o-san or other temporary waste
disposal system that may be allowed in conjunction with an outdoor
recreation facility.
G.
Safety considerations. Where outdoor recreation facilities are allowed,
the Planning Board shall consider the need for safety nets and similar
design elements to secure stray balls or other equipment from reaching
adjoining properties.
H.
Limitation on excess reuses. The square footage of any accessory
use to an indoor or outdoor recreation facility shall not exceed 15%
of the total square footage of the principal use or structure. The
Planning Board shall, however, have the power to modify this requirement
in the event that it determines that such modification would not be
consistent with the provisions of this law and would not result in
a detriment to neighboring properties.
I.
Special considerations. Because the range of recreational activities
allowed as components of commercial recreation establishments are
broad, and the characteristics and intensity of use may vary, the
Planning Board may impose such additional requirements as may be necessary
to provide adequate protection to adjoining and nearby properties,
considering the proposed activity, the proposed location, and the
nature of the adjoining community.
A.
No board, agency, officer, or employee of the Town shall issue, grant,
or approve any permit, license, certificate or other authorization
for any construction, reconstruction, alteration, enlargement or moving
of any building or for any use of land or structures that is not in
full compliance with the provisions of this chapter. Any such permit,
license, certificate or other authorization issued, granted or approved
in violation of the provisions of this chapter shall be null and void
and of no effect. Without necessity of any proceedings or revocation
or nullification thereof, any work undertaken or use established pursuant
to any such permit, license, certificate or other authorization shall
be unlawful, and no action shall be taken by any board, agency, officer
or employee of the Town purporting to validate any such violation.
B.
Existing violations. No application shall be received nor shall any
application, if received, be reviewed or be granted for any variance,
zoning change, special use permit, building permit, license, certificate
of occupancy or any other change set forth in this chapter if there
are any existing violations of this chapter by said applicant for
the lot or lots contained in said application, unless said application
is required by the Zoning Administrator, Town Attorney, or the reviewing
agency in settlement of the outstanding violation.
A.
This chapter shall be enforced by the Zoning Administrator, the Building
Inspector, and Deputy Building Inspectors pursuant to their responsibilities
set forth in this chapter or otherwise in the Town Code. The Zoning
Administrator, Building Inspector, and Deputy Building Inspector shall
each maintain the records necessary to implement their responsibilities
under this chapter. The powers and duties and responsibilities delegated
to, and imposed on, the Building Inspector and/or the Zoning Administrator
pursuant to this chapter shall also be deemed delegated to the Town's
Deputy Building Inspectors.
[Amended 9-23-2019 by L.L. No. 6-2019]
B.
The Zoning Administrator shall receive and process all applications
under this chapter for site plan approval, variances, special use
permits, planned unit developments, subdivisions, sign permits, trailer
permits, and collect all required fees. Any appeal of an order, requirement,
decision, interpretation or determination of the Zoning Administrator
shall be taken by filing a notice of appeal with the Zoning Administrator
and the Zoning Board of Appeals pursuant to Article 33. Upon receipt
of any such notice, the Zoning Administrator shall transmit to the
Zoning Board of Appeals all the papers constituting the record upon
which the action appealed from was taken.
C.
The Building Inspector shall receive and process all applications
for building permits and certificates of occupancy, and collect the
fees required therefor. The Building Inspector shall maintain a record
of all building permits and certificates of occupancy, and shall furnish
a copy upon request to any person having a proprietary or tenancy
interest in the land or structure affected.
A.
Appearance tickets.
(1)
Authority to issue appearance tickets. The Zoning Administrator
and the Building Inspector are authorized to issue appearance tickets
to persons or corporations who are the subject of zoning enforcement
and/or building code violation actions. Such appearance tickets shall
be used only in connection with enforcement actions brought in the
Justice Court of the Town.
(2)
Authority for warrant for arrest. The failure of a person or
a corporation to appear in Town Justice Court in response to a duly
issued appearance ticket may result in the issuance of a warrant for
the arrest of such individual person or corporation at the discretion
of the Town Justice.
B.
Stop-work orders.
(1)
Authority to issue stop-work orders. The Zoning Administrator is authorized to issue stop-work orders pursuant to this section. The Zoning Administrator shall issue a stop-work order to halt any work that is determined by the Zoning Administrator to be contrary to any applicable provision of this Chapter 108 or Chapter 96 of the Code of the Town of Hyde Park, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work.
(2)
Contents of stop-work order. Stop-work orders shall be in writing,
be dated and signed by the Zoning Administrator, state the reason
or reasons for issuance, and, if applicable, state the conditions
which must be satisfied before work will be permitted to resume.
(3)
Service of stop-work order. The Zoning Administrator shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property (and, if the owner is not the permit holder,
on the permit holder) personally or by certified mail. The Zoning
Administrator shall be permitted, but not required, to cause the stop-work
order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
affected by the stop-work order, personally or by certified mail;
provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop-work order.
(4)
Effect of stop-work order. Upon the issuance of a stop-work
order, the owner of the affected property, the permit holder and any
other person performing, taking part in or assisting in the work shall
immediately cease all work which is the subject of the stop-work order.
(5)
Remedy not exclusive. The issuance of a stop-work order shall
not be the exclusive remedy available to address any event described
in Subsection C of this section, and the authority to issue a stop-work
order shall be in addition to, and not in substitution for or limitation
of, the right and authority to pursue any other remedy or impose any
other penalty under Article 35 of this chapter or under any other
applicable local law or state law. Any such other remedy or penalty
may be pursued at any time, whether prior to, at the time of, or after
the issuance of a stop-work order.
(6)
All authority to issue stop-work orders, notices of violation,
notices of apparent violations, and all provisions and responsibilities
related thereto, delegated to the Zoning Administrator are also delegated
to the Deputy Building Inspectors.
[Added 9-23-2019 by L.L.
No. 6-2019]
A.
An application for a certificate of occupancy shall be made to the
Building Inspector, who shall provide a copy to the Zoning Administrator.
The Zoning Administrator shall examine each application to determine
applicable requirements of this chapter and advise the Building Inspector
of any such requirements.
B.
To be complete, an application for a certificate of occupancy must comply with Chapter 40 and contain the following information:
(1)
Any applicable subdivision approval, special use permit, planned
unit development approval, or site plan approval.
(2)
Applicable scale and density under this chapter.
[Amended 8-24-2009 by L.L. No. 2-2009]
(3)
Current certificate of occupancy, if any.
(4)
Where construction is involved, a set of as-built plans.
C.
The Building Inspector shall advise the applicant in writing of any
deficiencies in the application within 14 calendar days of receipt
of a complete application, as well as notify the Zoning Administrator
of the application. The Building Inspector shall, within 30 days of
receipt of a complete application that fully complies with the requirements
of this chapter and the Building Code, issue the certificate of occupancy.
No certificate of occupancy issued after the effective date of this
chapter shall be valid without the signatures of both the Building
Inspector and the Zoning Administrator. The Building Inspector shall
certify compliance with the Building Code and the Zoning Administrator
shall certify compliance with the other requirements of this chapter.
D.
No certificate of occupancy shall be required for any alteration
of or ordinary repairs to an existing building or structure, provided
such alteration or repair is not structural in nature and does not
require a special use permit, site plan approval or a building permit.
E.
No certificate of occupancy shall be issued until all improvements
shown on a site plan are installed, or a sufficient performance guarantee
has been posted for improvements not yet completed. The performance
guarantee shall be posted in accordance with the procedures specified
in § 277 of the Town Law relating to subdivisions.
F.
All off-street parking improvements shall be maintained as a condition
of the certificate of occupancy for as long as the use served by such
parking remains.
[Amended 8-24-2009 by L.L. No. 2-2009]
A.
The following general standards apply to license applications:
(1)
The Zoning Administrator shall examine each application and
become familiar with the circumstances involved for compliance with
all the requirements of this chapter.
(2)
No application for a license shall be deemed complete if there
is any existing violation of this chapter on the lot referred to in
said application.
(3)
The Zoning Administrator shall advise the applicant in writing
of any deficiencies in the application within 14 calendar days of
receipt of a complete application. The Zoning Administrator shall,
within 30 days of receipt of a complete application that fully complies
with the requirements of this chapter, authorize the issuance of the
license by the Town.
A.
General provisions.
(1)
Procedure. The Zoning Administrator shall examine each application
and become familiar with the proposed location for compliance with
all the requirements of this chapter.
(2)
No application for a permit shall be deemed complete if there
is any existing violation of this chapter on the lot referred to in
said application.
(3)
The Zoning Administrator shall advise the applicant in writing
of any deficiencies in the application within 14 calendar days of
receipt of an administratively complete application. The Zoning Administrator
shall, within 30 days of receipt of a complete application that fully
complies with the requirements of this chapter, issue the permit.
(4)
An application shall include a building permit or a statement
by a licensed professional, as referenced in the NYS Building Code,
that a building permit is not required.
B.
Specific applications.
[Amended 8-24-2009 by L.L. No. 2-2009]
(1)
Sign permit. To be complete, an application for a sign permit
shall contain the following information:
(a)
The name, address and telephone number of the applicant;
(b)
The specific use to which the subject sign will be accessory;
(c)
The location of the building, structure or land upon which such
sign is to be erected;
(d)
A drawing or blueprint fully describing the construction of
such sign and including:
(e)
Written consent of the owner of the structure and land on which
such sign is to be erected if other than the applicant and written
consent of the applicant to allow the owner to remove any signs that
are not in compliance with the Code; and
(f)
Documentation establishing the compliance of any electrical
devices with current underwriter standards for the particular location
and use.
(2)
Trailer permit. To be complete, an application for a trailer
permit shall contain the following information:
(a)
The name, address and telephone number of the applicant;
(b)
The location of lot upon which such trailer will be placed and
the written authorization of the owner thereof for the placement of
such trailer;
(c)
The length of time such trailer will remain as placed; and
(d)
The purpose that such trailer serves.
(3)
Vehicle for sale permit. Permits will be issued for no longer
than 60 days, with no more than two permits per calendar year per
parcel.
(4)
Storage of unregistered vehicle permit. The permit will specify
a reasonable purpose subject to the approval of the Zoning Administrator,
and will be for no more than 180 days. Not more than one permit per
calendar year per parcel will be issued.
(5)
Roadside stand permit. A roadside permit will be issue for a period up to nine months per calendar year. A roadside stand whose size exceeds 25 square feet shall require a permit under § 108-4.3F. Any application for a roadside stand permit shall include:
(a)
The owner's affirmation that:
[1]
The roadside stand will offer for sale only agricultural
produce and agricultural products.
[2]
The roadside stand will be located between 25 feet
and 125 feet from the edge of the street.
[3]
The roadside stand will provide direct access from
the street to its parking area.
[4]
The roadside stand will only be used as a seasonal
operation and will not be fully enclosed.
(b)
A drawing to scale identifying the total square footage of the
structures, the parking area, the setbacks from the street, and adjacent
property lines and uses. The size of the roadside stand shall be no
larger than 150 square feet.
(c)
A list of the produce for sale (e.g., fruits, vegetables).
(d)
The electrical uses at the roadside stand.
(e)
The permit fee set forth in the current fee schedule adopted
by the Town Board.
(6)
Home occupation permit. To be complete, an application for a
home occupation must contain the following information:
(a)
A copy of the current certificate of occupancy, if any, for
the dwelling unit.
(b)
The owner's affirmation that:
[1]
The sixty-percent residency is met.
[2]
No more than 30% of the gross square feet of the
residential structure or 600 square feet, whichever is less, will
be devoted to the home occupation.
[3]
No more than two nonresidents will be employed.
[4]
No exterior display, storage of materials or other
evidence of use, except signs and off-street parking, will be involved.
[5]
Repair services will be limited to the sale of
replacement or repair products, products substantially produced on
site, or accessories that are reasonably related to the principal
product.
[6]
No odor, noise, vibration, smoke, dust, heat, or
glare exceeding the average level in the immediate vicinity, detectable
beyond the property line, will be produced.
[7]
No use, storage or disposal of any hazardous materials
will be involved.
[8]
No articles will be sold or offered for sale on
the premises, except those that are wholly produced, grown, created
or assembled on the premises.
(c)
A drawing to scale, identifying the total square footage of
the dwelling unit and any accessory structure, identifying the area
within which the home occupation will be conducted.
(d)
An identification of each of the following:
[1]
The number of nonresidents to be employed;
[2]
The estimated number of customers or clients who
will be encouraged to enter to conduct business;
[3]
The estimated number of vehicle trips that will
be generated by customers, clients and sales representatives per week
and per day;
[4]
The number and location of parking spaces to be
provided;
[5]
The design and location of all signs; and
[6]
The specific home occupation use and the particular
products that will be sold or offered for sale on the premises.
(e)
The home occupation registration fee set forth in the current
fee schedule adopted by the Town Board.
No application shall be received nor shall any application,
if received, be considered by the Zoning Administrator to be complete
if there are any existing violations of this chapter by the applicant
for the lot contained in said application. The procedures and requirements
are as follows:
A.
Planned unit development PUD concept plan. The Zoning Administrator
shall review each application for administrative completeness and
compliance with the requirements of this chapter.
(1)
Within five days of a determination that the application is
administratively complete, the Zoning Administrator shall forward
the application to the Town Board and the Planning Board.
(2)
The application, to be complete, shall include:
(a)
The name and address of the applicant and property owner(s)
if other than the applicant.
(b)
The Tax Map, section and lot number of each lot contained in
the application.
(c)
A written statement describing the nature of the proposed use
and how it will serve to implement the intent and purposes of this
chapter.
(d)
A sketch plan to scale, showing:
[1]
The size of the lot, and the zoning district in
which it is located;
[2]
The scale, density and intensity of each proposed
use and all existing uses on such lot;
[3]
The location of all existing and proposed uses
on the lot;
[4]
The type and location of sewer and water service
to the existing and proposed use;
[5]
The existing and proposed points of vehicular access;
[6]
The existing and proposed location of all pedestrian
circulation and access;
[7]
The approximate location and size of all required
and proposed off-street parking;
(e)
A completed long-form environmental assessment form.
(f)
An agricultural data statement, where applicable.
(3)
Referral to Planning Board. Within five days of a determination
that the application is complete, the Zoning Administrator shall forward
a complete copy of the application to the Planning Board for its review
and recommendations.
(a)
The Planning Board shall provide the Town Board with a written
recommendation within 62 days from the date of such referral.
(b)
Such recommendation shall fully set forth the Planning Board's
reasons for recommending approval or denial, based on the Comprehensive
Plan, the Zoning Map and the subdivision regulations where appropriate.
(c)
Such recommendation shall include all applicable SEQRA responses
for a coordinated review.
(d)
The Planning Board shall not be required to hold a public hearing
on any matter referred to it under these procedures.
B.
Subdivision. All subdivision applications shall be made to the Zoning Administrator in the manner and form required by Chapter 96 of this Code. The Zoning Administrator shall forward the application to the Planning Board within five days of determining it to be administratively complete. Any proposed subdivision that is requesting an area variance shall include an application for such variance with the application for subdivision.
C.
Special use permit. The Zoning Administrator shall review each application
for completeness and compliance with the requirements of this chapter.
(1)
Within five days of a determination that the application is
complete, the Zoning Administrator shall forward the application to
the Planning Board.
(2)
The application, to be complete, shall include the same information as is required in § 108-30.7A(2).
(3)
Any proposed special use permit that is requesting an area variance
shall include an application for such variance with the application
for special use permit, which shall also be submitted to the Zoning
Board of Appeals.
D.
Site plan approval. Prior to the filing of any application for site
plan approval or amendment to a previously approved site plan, the
applicant shall request in writing that the Zoning Administrator schedule
a presubmission conference.
(1)
Presubmission conference.
(a)
Any written request shall include:
[1]
A cover letter addressed to the Zoning Administrator
requesting a presubmission conference and listing all attachments;
[2]
One copy of a completed Part 1 of the full environmental
assessment form providing all project information for the proposed
land use; and
[3]
Three copies of a site plan to scale, conceptually
describing each of the following elements to the extent that they
are included in the proposed land use:
[a]
Existing conditions: Tax Map information, zoning
information and sufficient topographical information, based on current
USGS maps, to adequately describe the current environmental conditions
prevailing on and around the lot;
[b]
Site development:
[i]
Parking: number of vehicles, impervious surface
area and circulation included in any off-street parking;
[ii]
Means of access: locations, interior vehicle circulation,
street or highway name on which the lot fronts, pedestrian circulation;
[iii]
Screening: location, height, material and purpose;
[iv]
Signs: location, size and purpose;
[v]
Landscaping: location, extent, height and purpose;
[vi]
Architectural features, location and dimensions
of buildings: length, width, height, number of stories and total floor
area;
[vii]
Physical features required for protect of adjacent
lands; and
[viii]
Infrastructure proposed.
[4]
Any proposed site plan that is requesting an area
variance shall include an application for such variance with the written
request for a presubmission conference.
(b)
The Zoning Administrator shall review such application and make
a determination as to the consistency of the proposed use with the
scale and density requirements of this chapter. The Zoning Administrator
shall advise the applicant of any discrepancies or conflicts and shall
provide the applicant the opportunity to amend prior to the scheduled
presubmission conference or to withdraw the written request.
[Amended 8-24-2009 by L.L. No. 2-2009]
(c)
Within 30 days of the date of such request, the Zoning Administrator,
in consultation with the Planning Board, shall establish a workshop
meeting or alternate time, date and place for said conference and
so advise the applicant.
(2)
Site development review:
(a)
Date of filing. All applications for site development review
shall be filed with the Zoning Administrator.
[1]
The Zoning Administrator shall examine each application
for administrative completeness and, upon a finding that such application
is administratively complete, the Zoning Administrator shall sign
and date the same. Such date shall be deemed to be the date of filing
for site plan approval.
[2]
Upon signing said application, the Zoning Administrator
shall forward such administratively complete application to the Planning
Board.
[a]
If the date of filing is 15 or more days prior
to the next scheduled workshop meeting of the Planning Board, the
application shall be placed on the agenda for said workshop meeting.
[b]
If the date of filing is less than 15 days prior
to the next scheduled workshop meeting of the Planning Board, it shall
be placed on the agenda for the next workshop meeting following said
meeting.
(b)
Application contents.
[1]
Any application for site plan approval, to be complete,
shall contain the following documentation:
[a]
One copy of each document contained in the presubmission
conference request;
[b]
One copy of each document issued by the Planning
Board as a result of the presubmission conference;
[c]
One copy of each response received from referrals;
[d]
One complete set of site development documentation, prepared, signed and sealed by a professional licensed to practice in the State of New York, fully describing each of the elements of § 108-9.4 identified in the presubmission conference, to the extent necessary for construction purposes.
[i]
All drawings and specifications shall be developed
to construction document quality.
[ii]
Only those site development documents that relate to the specified elements of § 108-9.4 shall be included, with appropriate explanations for any nonrelevant pages, sections or sheets that interrupt the sequence of identification.
[iii]
Each site development document shall bear the
following information for identification:
[A]
The title of the project;
[B]
The street location of the project followed by
the words "Town of Hyde Park, Dutchess County, New York";
[C]
The names and addresses of the property owner,
the applicant, the project developer and the licensed professionals
responsible for the preparation of the site development documents;
[D]
The document title of the particular portion of
the project to which each document relates;
[E]
The tax section map lot number for each lot contained
in the application;
[F]
A unique alpha/numeric designation for each page,
section or sheet of the documentation;
[G]
The scale of each drawing;
[H]
A North arrow for each plan view;
[I]
The date when the document was prepared and the
dates and identification of each subsequent revision thereto; and
[J]
The seal and signature of each licensed professional
involved in the preparation of said document.
[2]
Upon notification that the Zoning Administrator
has signed and dated the application for site development review as
complete, the applicant shall deliver seven additional copies of such
complete application to the Planning Board office for use during its
review.
E.
Adult entertainment use shall also include:
(1)
A copy of any current certificate of occupancy.
(2)
The owner's affirmation that:
(a)
All minors will be excluded by reason of age and that suitable
notice and enforcement of this requirement will be identified;
(b)
No loudspeakers or sound equipment will be employed that can
be discerned by a person in any public or semipublic area not on the
subject lot;
(c)
No odor, noise, vibration, smoke, dust, heat, or glare that
exceeds the average level in the immediate vicinity, and detectable
beyond the property line of subject lot, will be produced; and
(d)
No use, storage or disposal of any hazardous material will be
involved.
(3)
An identification of each of the following:
(a)
The scale of the proposed use;
(b)
The number of persons to be employed;
(c)
The estimated number of vehicle trips that will be generated
by customers, clients and sales representatives per week and per day;
(d)
The number and location of parking spaces to be provided;
(e)
The location and design of all signs proposed; and
(f)
The specific use type or subtype for which the application is
being made.
(4)
A drawing to scale identifying the total square footage of the
building, any accessory structure, and the lot which will be devoted
to the adult entertainment use, and all of the following uses within
500 feet of the subject lot:
F.
Referrals. The Zoning Administrator shall forward one copy of any
administratively complete application to each of the following, as
applicable:
(1)
Dutchess County Department of Planning and Development. A full
statement of the proposed action, as defined in § 239-m
of the General Municipal Law.
(2)
Dutchess County Department of Public Works or the Regional Office
of the New York State Department of Transportation, as applicable.
Any application that proposes development or improvement of an access
to a county or state highway shall be forwarded to the appropriate
agency for its review and comment.
G.
Time limit. Each agency to which a referral is made shall be permitted
30 calendar days, from the date of such referral, in which to respond.
(1)
The Zoning Administrator shall append such response to the applicable
documentation.
(2)
The Zoning Administrator shall forward a copy of such response
to the applicant.
(3)
If such response is not received by the Zoning Administrator
within such thirty-day period, the application shall be deemed complete
without such report.
H.
For the purpose of maintaining accurate and current data for its
records and for professional review by its consultants, and to evaluate
such data in the context of a geographic information system, the Planning
Board may, in its discretion, require that plans, maps and other data
required for planned unit development, special use permit and site
plan applications under this chapter, and all updates and revisions
to such plans, maps and data, be submitted in an electronic format
in addition to the otherwise required paper submissions.
[Added 2-25-2008 by L.L. No. 1-2008]
(1)
The Planning Board may waive the electronic format submission
requirement for particular applications or types of applications where
the electronic data would not be useful to the Board or its consultants
in their review of the application.
(2)
The Planning Board may from time to time specify the specific
format and type of electronic submission it requires for each type
of application.
(3)
The Planning Board may waive the electronic format submission
requirement upon a showing upon competent evidence that the requirement
will cause the applicant substantial economic hardship.
Pursuant to § 10 of the Statute of Local Government
and § 10 of the Municipal Home Rule Law, the certificate
of occupancy is hereby established as the authorizing document for
the height, number of stories and size of buildings and other structures,
the percentage of lot occupied, the size of yards, courtyards, and
other open spaces, the density of population, and the location and
use of buildings, structures and land for trade, industry, residence
or other purposes in the Town of Hyde Park.
A.
It shall be unlawful for an owner to use or permit the use of any
land for trade, structure, or part thereof, hereafter created, erected,
changed, converted or enlarged, wholly or partly in its use or occupancy,
until a certificate of occupancy shall have been issued by the Building
Inspector.
B.
It shall be the duty of the Building Inspector to issue a certificate
of occupancy, upon finding:
(1)
That the Zoning Administrator has confirmed that all proposed
uses conform in all material respects to the requirements of this
chapter and that the project as built complies in all material respects
with the approved site plan, where applicable;
[Amended 8-24-2009 by L.L. No. 2-2009]
(2)
In the case of construction or alteration of a structure that
the Building Inspector has inspected the structure and certified that
it has been constructed or altered in accordance with the building
permit and the State Building Code;
(4)
That all applicable fees have been paid.
C.
A certificate of occupancy shall state that such use is in complete
conformity with the provisions of this chapter.
(1)
Such certificate shall specify each particular use, any conditions
of occupancy and the scale and density found to be conforming.
[Amended 8-24-2009 by L.L. No. 2-2009]
D.
A certificate of occupancy shall be deemed to authorize and is required
for both the initial and continued use of the land or structure to
which it applies and shall continue in effect as long as such use
is in full conformity with the provisions of this chapter and any
requirements made pursuant thereto.
E.
Application. Application for a certificate of occupancy shall be
made in writing to the Building Inspector in the form and manner prescribed
in Article 30, together with the fee set forth in the fee schedule
adopted by the Town Board.
F.
Revocation. If the Building Inspector or Zoning Administrator determines
that a violation of this chapter is occurring on a lot, he shall serve
a notice of violation and revocation on the owner of such lot.
(1)
Such notice shall be in writing and shall state the nature of
the violation and shall be served upon the person to whom it is directed:
(2)
In the event that such violation continues for a period of five
days after the service of such notice as herein set forth, the Building
Inspector or Zoning Administrator shall revoke the certificate of
occupancy and any related license, permit or other authorization issued
pursuant to this chapter.
(3)
In the event that such violation shall continue after the revocation
of the certificate of occupancy and any related license, permit or
other authorization, the Zoning Administrator shall issue an appearance
ticket for unlawful use of land or structures in the Town and so notify
the Town Board.
(4)
Notwithstanding any of the foregoing provisions, any license
may be revoked by the Zoning Administrator after the licensee has
been found guilty in any court of competent jurisdiction of violating
any provision of this chapter.
(5)
After such violation has been remedied and/or corrected, a new
certificate of occupancy may be applied for. After such new certificate
of occupancy has been obtained, any related license, permit or other
authorization that has been revoked may be reissued by the Zoning
Administrator.
Upon request, the Building Inspector, with the concurrence of
the Zoning Administrator, may issue a temporary certificate of occupancy
for a building or structure or part thereof before the entire work
covered by the building permit shall have been completed, provided
that such portion or portions as have been completed may be occupied
safely without endangering life or public welfare.
A.
Such request shall be in writing and signed by the person to whom
the subject building permit was issued.
B.
As a condition of the grant of a temporary certificate of occupancy,
the Planning Board, upon recommendation from the Zoning Administrator,
may require the owner to provide a letter of credit or other equivalent
security to the Town sufficient to cover the cost of the completion
of the project, as estimated by the Planning Board or a Town department
designated by the Planning Board to make such estimate.
(1)
The owner shall provide at least one bona fide proposal from
a contractor acceptable to the Planning Board for each element of
infrastructure or improvement that the owner proposes to construct
or complete subsequent to receiving a temporary certificate of occupancy.
(2)
Such proposal shall include the cost for constructing or installing
that portion of the improvement and a date by which such construction
or installation is to be completed and any other special conditions
on which such proposal may be contingent.
(3)
Such proposal shall be considered by the Planning Board in the
preparation of such estimate.
Upon written request from the owner, and payment to the Town
of the amount specified in Article 36, the Building Inspector shall
issue a copy of the currently valid certificate of occupancy for the
lot in question. In the event that the Building Inspector shall determine
that there is no currently valid certificate of occupancy, such use
shall be deemed to be new, and a new certificate of occupancy shall
be required.
Pursuant to Article 16, § 267, of the Town Law, a
Zoning Board of Appeals is hereby created consisting of five members.
The Town Board shall designate the Chairperson of the Zoning Board
of Appeals.
The Zoning Board of Appeals shall have all the powers and duties
prescribed by law and by this article. Such powers and duties are
summarized and more particularly specified as follows, provided that
none of the following sections shall be deemed to limit in any degree
those powers of the Zoning Board of Appeals conferred by general law.
A.
The Zoning Board of Appeals shall hear and decide all matters referred
to it or upon which it is required to pass under this chapter or any
other chapter of this Code. This shall include variances. Area variances
for special use permits, subdivisions and site plans are original
jurisdiction and the same standards shall prevail.
B.
On request from any official or agency of the Town, the Zoning Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact reference to the requirements in § 108-3.3.
C.
Upon requests from any official or agency of the Town or upon appeal from any determination of the Zoning Administrator or the Building Inspector, the Zoning Board of Appeals shall make a determination on a case-by-case basis as to whether a particular group of more than five adults living in a single dwelling unit, any of whom are not related by blood, marriage, legal adoption, or foster care arrangement, constitute the functional equivalent of a traditional family in accordance with the provisions set forth in the definition of "family," Subsections A through G, in § 108-2.2 of the Zoning Code, Terms defined.
[Added 11-4-2019 by L.L.
No. 9-2019]
The Zoning Board of Appeals shall hear and decide appeals from
and review any order, requirement, decision or determination made
by an administrative official charged with the enforcement of this
chapter. Such appeal may be taken by any person aggrieved or by any
officer, department, board or bureau of the Town. Any appeal taken
by an aggrieved person shall be accompanied by the fee set forth in
the fee schedule adopted by the Town Board.
A.
Interpretation. The Zoning Board of Appeals, on appeal from a construction
of the regulations of this chapter, taken by an enforcement official,
shall have the power to interpret such regulations.
B.
Use variance. The Zoning Board of Appeals, on appeal from the decision
or determination of the Zoning Administrator, shall have the power
to grant use variances for the use of land for a purpose which is
otherwise not allowed or is prohibited by this chapter.
C.
Area variance. The Zoning Board of Appeals, on appeal from a decision
or determination of the Zoning Administrator, shall have the power
to grant area variances for the use of land in a manner which is not
allowed by the dimensional or physical requirements of this chapter.
D.
Relief from the provisions of other chapters of this Code, including Chapter 60, Flood Damage Prevention: appeals and variances.
[Amended 8-24-2009 by L.L. No. 2-2009]
E.
The Zoning Board of Appeals may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, interpretation or
determination appealed from and shall make such order, requirement,
decision, interpretation or determination as in its opinion ought
to have been made in the matter by the Zoning Administrator and to
that end shall have all the powers of the administrative official
from whose order, requirement, decision, interpretation or determination
the appeal is taken.
A.
Appellate jurisdiction. All appeals shall be taken within 60 calendar
days after the filing of any order, requirement, decision, interpretation
or determination of the Zoning Administrator by filing with such officer
and with the Zoning Board of Appeals a notice of appeal, specifying
the grounds thereof and the relief sought. The Zoning Administrator
shall forthwith transmit to the Zoning Board of Appeals all the papers
constituting the record upon which the action appealed from was taken.
B.
SEQRA. The Zoning Board of Appeals shall be the lead agency in any
action initiated under these procedures.
C.
Public hearing. The Zoning Board of Appeals shall conduct a public
hearing within 62 days from the date that the application, or notice
of appeal, is received and give public notice thereof by publication
in the official paper of a notice of such hearing, at least five days
prior to the date thereof, and shall, at least five days before such
hearing, mail notices thereof to:
[Amended 8-24-2009 by L.L. No. 2-2009]
(1)
The parties;
(2)
The owners of the properties within 150 feet of all property
lines of the subject property;
(3)
The regional state park commission having jurisdiction over
any state park or parkway within 500 feet of all property lines of
the subject property;
(4)
The Dutchess County Planning Department as required by § 239-m
of the General Municipal Law; and
(5)
The owners of land as identified by the applicant in any agriculture
data statement.
D.
Decisions. The Zoning Board of Appeals shall decide upon any appeal
or other matter within 62 days after the final hearing thereon.
(1)
Every rule, regulation, every amendment or repeal thereof, and
every order, requirement, decision or determination of the Zoning
Board of Appeals shall be filed in the office of the Town Clerk within
five business days and shall be a public record.
(2)
The decision of the Zoning Board of Appeals on any appeal shall
be filed in the office of the Town Clerk within five business days
after the day such decision is rendered, and a copy thereof mailed
to the applicant.
E.
Imposition of conditions. The Zoning Board of Appeals shall, in the
granting of any variance, have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed use of the property. Such conditions shall be consistent
with the spirit and intent of this chapter, and shall be imposed for
the purpose of minimizing any adverse impact such variance may have
on the general neighborhood or community.
F.
Lapse provision.
[Amended 8-24-2009 by L.L. No. 2-2009]
(1)
Variances run with the land. In order to ensure that, in the
event conditions have changed after a significant delay in commencing
the activity authorized by a variance, the Zoning Board of Appeals
will have the opportunity to reappraise the proposal by the applicant
in light of the then-existing facts and circumstances, any variance
under which the authorized activity has not commenced within one year
from the date of issuance is hereby declared to be revoked without
further hearing or action by the Zoning Board of Appeals. This shall
include any variance issued or granted prior to the enactment of this
amended chapter.
(2)
The Zoning Board of Appeals may, in its discretion, after conducting
a public hearing, grant an extension to a variance. The applicant
shall submit a written request not less than 30 days prior to the
variance date of expiration, requesting an extension for a specified
time and the reason therefor. In granting the extension, the Zoning
Board of Appeals may require revision of the previously approved variance
to comply with current regulations and conditions.
(3)
The Zoning Board of Appeals shall render a decision, in writing,
to the applicant and the other appropriate agencies within 45 days
of closing the public hearing; provided, however, that the time within
which the Zoning Board of Appeals must render its decision may be
extended by mutual consent of the applicant and the Board.
G.
Area variance public hearing.
[Added 5-1-2017 by L.L.
No. 1-2017]
(1)
Notwithstanding the provisions set forth in § 108-33.5C, the Chairperson of the Zoning Board of Appeals shall have the power to schedule a date for a public hearing involving an area variance application for a single-family residence, provided the Chairperson makes the following determination:
(a)
The application for the area variance is complete and ready for public
review;
(b)
The Zoning Administrator has reviewed the application and has given
his or her consent to the scheduling of a public hearing without the
necessity for a formal vote of the Zoning Board of Appeals;
(c)
That the application for the area variance does not require the review
or input of the attorney to the Zoning Board or the Town engineer;
and
(2)
A Vice Chairperson of the Zoning Board of Appeals, in fulfilling
the duties of the Chairperson, shall have the same powers as the Chairperson
pursuant to this section.
A.
Original jurisdiction. The Zoning Board of Appeals shall consider
the standards applicable to the particular matter upon which it is
required to pass under this chapter.
B.
Appellate jurisdiction.
(1)
Use variances. No use variance shall be granted by the Zoning
Board of Appeals without a showing by the applicant that the regulations
and restrictions of this chapter have caused unnecessary hardship.
(a)
In order to prove such unnecessary hardship, the applicant shall
demonstrate to the Zoning Board of Appeals that for each and every
permitted use under this chapter applicable to the particular district
where the property is located:
[1]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
[2]
The alleged hardship relating to the property in
question is unique, and does not apply to a substantial portion of
the district or general neighborhood;
[3]
The requested use variance, if granted, will not
alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(b)
The Zoning Board of Appeals, in the granting of any use variance,
shall grant the minimum variance that it shall deem necessary and
adequate to address such unnecessary hardship proven by the applicant,
and at the same time preserve and protect the character of the general
neighborhood and the health, safety and welfare of the Town.
(2)
Area variance. The Zoning Board of Appeals, in making its determination,
shall take into consideration the benefit to the applicant if the
variance is granted, as weighed against the detriment to the health,
safety and welfare of the general neighborhood or community by such
grant.
(a)
The Zoning Board of Appeals, in making its determination, shall
also consider:
[1]
Whether an undesirable change will be produced
in the character of the general neighborhood or a detriment to nearby
properties will be created by the granting of such area variance;
[2]
Whether the benefit sought by the applicant can
be achieved by some method, feasible for the applicant to pursue,
other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed area variance will have an
adverse effect or impact on the physical or environmental conditions
in the general neighborhood or district; and
[5]
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Zoning
Board of Appeals, but shall not necessary preclude the granting of
the area variance.
(b)
The Zoning Board of Appeals, in the granting of any area variance,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the general neighborhood and the health, safety and welfare of the
Town.
[Added 8-6-2012 by L.L. No. 5-2012]
A.
Alternate members of the Zoning Board of Appeals may be appointed
by the Town Board and designated by the Chairman of the Zoning Board
of Appeals in accordance with the provisions of this section when
a regular member of the Zoning Board of Appeals is unable to participate
on an application or matter before the respective board as set forth
herein.
B.
The Town Board shall appoint two alternate members to the Zoning
Board of Appeals who shall serve for a term of two years. One alternate
member shall be designated as the "first alternate Zoning Board of
Appeals member," and the other alternate member shall be designated
as the "second alternate Zoning Board of Appeals member." No more
than two alternate members may serve at any time on the Zoning Board
of Appeals. The term of any alternate member shall cease on December
31 in the year after the initial appointment of that member regardless
of whether he or she has served a full 24 months.
C.
The Chairperson of the Zoning Board of Appeals may designate the
first alternate Zoning Board of Appeals member to substitute for a
member of the Zoning Board of Appeals when such member is unable to
participate on an application or matter before the Board due to conflict
of interest or other ethical consideration which results in a recusal
of that Board member from acting on the particular application before
the Board. If the first alternate Zoning Board of Appeals member is
unable or unwilling to act, the Zoning Board of Appeals shall designate
the second alternate Zoning Board of Appeals member to act. When designated,
the alternate member shall possess all the powers and responsibilities
of such regular member of the Board. Such designation shall be entered
into the minutes of the initial Zoning Board of Appeals meeting at
which the substitution is made. The appointed alternate member shall
participate as a member of the Zoning Board of Appeals with respect
to the particular application only until final action has been taken
on the particular application.
D.
All provisions of state and local laws relating to Zoning Board of
Appeals eligibility, vacancy in office, removal, compatibility of
office and service on other boards, as well as any provisions of New
York State Town Law or a local law or ordinance relating to training,
continuing education, compensation and attendance shall apply to alternate
members.
A.
The Town Board may, from time to time, on its own motion, on petition
or on recommendation of the Planning Board, amend, supplement or repeal
the regulations and provisions of this chapter in the manner provided
by the Town Law or the Municipal Home Rule Law. Any petition by a
private party for a rezoning shall be accompanied by the fee set forth
in the fee schedule adopted by the Town Board.
[Amended 8-24-2009 by L.L. No. 2-2009]
B.
Referrals. The Town Clerk shall forward one copy of the proposed
amendment to each of the following as applicable:
(1)
The Dutchess County Department of Planning and Development:
a full statement of the proposed action, as defined in § 239
of the General Municipal Law.
(2)
Municipalities: the Town Board of each of the Towns of Lloyd,
Esopus, Rhinebeck, Clinton, Pleasant Valley and Poughkeepsie.
(3)
Transportation: the NYS Department of Transportation; Dutchess
County Department of Public Works; Poughkeepsie-Dutchess County Transportation
Council and Metro-North.
C.
Planning Board report. Every such proposed amendment or change, whether
initiated by the Town Board or by petition, shall be referred to the
Planning Board for its report thereon before the public hearing provided
for by the Town Law.
(1)
The date of the Town Board resolution to refer such proposed
amendment or change to the Planning Board shall be deemed to be the
initiation of proceedings. Failure on the part of the Planning Board
to report its recommendation to the Town Board within 45 days after
initiation of proceedings therefor shall be deemed approval thereof,
unless such proceedings have been previously terminated by the Town
Board or the petitioner.
(2)
In recommending the adoption of any such proposed amendment,
the Planning Board shall:
(a)
State its reasons for such recommendation; describing any condition
that it believes makes the amendment advisable.
(3)
In recommending the rejection or revision of any proposed amendment,
the Planning Board shall similarly state its reasons.
D.
SEQRA. The Town Board shall be considered to be the lead agency in
any action initiated under these procedures.
E.
Decision. No amendment of this chapter, of whatever nature, that
has not been approved by the Planning Board shall be adopted except
by at least a super-majority vote (four Town Board members) of the
Town Board, provided that failure on the part of the Planning Board
to report to the Town Board its recommendation on any proposed amendment
initiated by proposed resolution or amendment of the Town Board within
45 days after initiation of proceedings therefor shall be deemed to
be approval thereof, unless such proceedings have heretofore been
terminated.
A.
The erection, construction, reconstruction, alteration, conversion,
maintenance, use or division of land, or occupancy of said building,
structure or land, or any act, conduct, business or use in or about
such premises contrary to any of the provisions of this chapter shall
be and the same is hereby declared to be unlawful.
B.
Any person who violates or is accessory to the violation of any provisions
or requirements of this chapter, or who erects, constructs, alters,
enlarges, converts, or moves any use of land, water or structure in
violation of a detailed statement or plan submitted and approved under
the provisions of the chapter, or who fails to obey and/or comply
with any order, decree, or decision of either the Planning Board,
Zoning Board of Appeals, Zoning Administrator or the Town Board, shall
be guilty of an offense and shall be liable to a fine not exceeding
$350 or imprisonment for a period not to exceed 15 days, or both.
For conviction of a second offense which was committed within a period
of five years of the first offense, such person shall be punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed 15 days, or both; and, upon conviction for
a third or subsequent offense committed within a period of five years
of the first offense, such person shall be punishable by a fine not
less than $700 nor more than $1,000 or imprisonment for a period not
to exceed 15 days, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors, and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations.
C.
Each week's continued violation shall constitute a separate additional
offense.
D.
In case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained, or any building, structure or land
is used, or any land is divided into lots in violation of this chapter,
the Zoning Administrator, in addition to other remedies, may institute
any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, conversion, maintenance,
use or division of land, to restrain, correct or abate such violation,
to prevent the occupancy of said building, structure or land, or to
prevent any illegal act, conduct, business or use in or about such
premises; and upon the failure or refusal of the Zoning Administrator
to institute any such appropriate action or proceeding for a period
of 10 days after written request by a resident taxpayer of the Town
so to proceed, any three taxpayers of the Town residing in the district
wherein such violation exists, who are jointly or severally aggrieved
by such violation, may institute such appropriate action or proceeding
in like manner as such Zoning Administrator is authorized to do.
[Amended 8-24-2009 by L.L. No. 2-2009]
E.
In addition to the criminal penalties set forth herein or in other
applicable law, rule or regulation, the Town may pursue civil and
equitable relief, including but not limited to an action to recover
compensatory damages or civil penalties in the amount of $500 per
week of continued violation or any part thereof, an action to compel
compliance with or to restrain by injunction the violation of this
chapter, including an injunction, mandamus or abatement, or any other
appropriate action to prevent, enjoin, abate or remove such unlawful
use. Any civil monetary penalty awarded may be added to the tax bill
of the property where the violation has occurred and shall be collected
in the same manner.
[Added 8-24-2009 by L.L. No. 2-2009]
F.
The remedies provided for herein are cumulative and not exclusive
and shall be in addition to any other remedies provided by law.
G.
In addition to the above-mentioned penalties and punishment, the
Town Board may also maintain an action or proceeding in the name of
the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction any violation of this chapter.
Any person or persons, jointly or severally aggrieved by any decision of the Town Board, Planning Board, Zoning Board of Appeals, Zoning Administrator or Building Inspector pursuant to this Chapter 108 or Chapter 96 of this Code, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules, provided the proceeding is commenced within 30 days after the filing of the decision in the Office of the Town Clerk.
A.
SEQRA expenses. When an action subject to SEQRA involves an application before the Town Board, the Planning Board or the Zoning Board of Appeals, the reviewing board may, if such reviewing board is the lead agency, charge a fee to the applicant to recover the actual cost to the Town of preparing and reviewing the EAF, EIS, the SEQRA findings, notices and all other requirements that are incidental to the SEQRA review process. Such fees may be imposed on the applicant by the lead agency and shall not exceed the amounts allowable under 6 NYCRR 617.17(b) through (d). Such fees may be imposed on an applicant for costs incurred by the Town for professional review services. For the purpose of this section, professional review services shall be defined as but not limited to those services provided by engineers, lawyers, architects, landscape designers, certified surveyors, property appraisers, planners and related professionals. Said monies shall be deposited in escrow and governed pursuant to the provisions of § 108-36.3 of this chapter.
B.
Negative declaration. In all cases where the Town Board, the Planning Board or the Zoning Board of Appeals approves a negative declaration in connection with an action governed by SEQRA, the actual cost of professional review services provided to the reviewing board between the time of receipt of the application and the final determination on the requested action by the reviewing board may be imposed on the applicant in the same manner as prescribed in Subsection A herein. The costs to the applicant imposed under this subsection for preparation of the negative declaration shall not exceed the limit set forth in 6 NYCRR 617.17(b) through (d).
Prior to commencement of any work in a development with a road that has site plan approval, the developer shall deposit into an escrow account a sum of money to be determined by the Town Board. Said sum shall be based on the estimated cost to the Town of professional review of the proposed road construction work. The Town Board may consider available surveys of professional review expenses in determining the initial sum of money to be deposited in an escrow account by the developer. Said sum of money shall be used to cover the reasonable and necessary costs of professional review of the road construction work. Costs may include consultant fees for engineering, legal and other professional technical services required for a proper and thorough inspection of the road construction. Said monies shall be deposited in escrow and governed pursuant to the provisions of § 108-36.3 of this chapter.
A.
Escrow. In connection with any application for a special permit, site plan approval, subdivision approval, zoning amendment, other local law change, planned unit development, use variance, area variance, interpretation, or other land use application or appeal, the reviewing board may, in addition to the requirements of §§ 108-36.1 and 108-36.2 relating to SEQRA and inspections, require an applicant to deposit an initial sum of money into an escrow account in advance of the review of the application. Said sum shall be based on the estimated cost to the Town of professional review of the particular type of application before it. The reviewing board may consider the professional review expenses incurred by neighboring municipalities in reviewing similar applications. The reviewing board may also consider available surveys of professional review expenses in determining the initial sum of money to be deposited in an escrow account by the applicant. For the purpose of this section, professional review services shall be defined as, but not limited to, those services provided by engineers, lawyers, architects, landscape designers, certified surveyors, property appraisers, planners and related professionals.
B.
Said escrow shall be used to pay the reasonable and necessary costs of a proper and thorough professional review of the application. The review expenses provided for herein are in addition to application or administrative fees required pursuant to other provisions of this chapter and the Town Code. Money deposited by applicants pursuant to this section shall not be used to offset the Town's general expenses of professional services for the several boards of the Town or its general administrative expenses. The review and escrow requirements governed by this section shall include environmental review pursuant to SEQRA and the provisions of § 108-36.1.
C.
The initial deposit by the applicant shall be in the amount set forth
in the current schedule of fees adopted by the Town Board. The applicant
shall be required to deliver said amount, or such other amount as
is determined appropriate by the reviewing board, to the Town Supervisor
for deposit in a Town of Hyde Park non-interest-bearing escrow account
maintained by the Town of Hyde Park for custody of funds collected
pursuant to this section. Said escrow deposit must be paid prior to
the first appearance before any board.
D.
In the event that the previously established escrow fees are insufficient
to pay for the necessary charges, then the Board before whom the applicant
is appearing shall require additional payments to be made to the escrow
fund, and until such payment is made by the applicant, the Board shall
neither place said application on the agenda or review said application.
E.
Upon receipt and approval by the Town Board of itemized vouchers
from consultants for services rendered on behalf of the Town regarding
a particular application, the Town Supervisor shall cause such vouchers
to be paid out of the monies so deposited, and shall debit the separate
record of such account accordingly. The consultant shall make copies
of such vouchers available on request to the applicant at the same
time the vouchers are submitted to the Town.
F.
The Town Board shall review and audit all such vouchers and shall
approve payment of only such consultant charges as are reasonable
in amount and necessarily incurred by the Town in connection with
the review and consideration of applications. A charge or part thereof
is reasonable in amount if it bears a reasonable relationship to the
average charge by consultants to the Town for services performed in
connection with the review of a similar application. In auditing the
vouchers, the Town Board may take into consideration the size, type
and number of buildings to be constructed, the topography of the site
at issue, environmental conditions at such site, the infrastructure
proposed in the application and any special conditions the Town Board
may deem relevant. A charge or part thereof is necessarily incurred
if it was charged by the consultant for a service which was rendered
in order to protect or promote the health, safety, or other vital
interests of the residents of the Town, and protect public or private
property from damage. In no event shall any applicant make direct
payment to any Town consultant.
G.
If at any time during the processing of an application there shall
be insufficient monies on hand to the credit of an applicant to pay
the approved vouchers in full, or if it shall reasonably appear to
the reviewing board that such monies will be insufficient to meet
vouchers yet to be submitted, the reviewing board shall cause the
applicant to deposit additional sums as the board deems necessary
or advisable in order to meet such expenses or anticipated expenses.
H.
In the event the applicant fails to deposit the requested review
fees into an escrow account, any application review, approval, permit
or certificates of occupancy shall be withheld or suspended by the
reviewing board, officer or employee of the Town until such monies
are deposited. There will be no conditional approvals given on the
basis of future payments to be made. Payment in full must be made
prior to the granting of preliminary and final approval. Any costs
incurred by the Town for professional services in processing a certificate
of occupancy shall be recovered as a fee before said certificate shall
be issued. No application to the Town Board, Planning Board or Zoning
Board of Appeals shall be accepted, nor shall any building permit
or certificate of occupancy be issued, if said applicant has outstanding
any fees due the Town from any previous applications.
I.
The Town Board, the Planning Board or the Zoning Board of Appeals,
as applicable, shall not make any final determination in a matter
pending before it until all applicable fees and reimbursable costs
imposed by the reviewing board on the applicant under authority of
this section have been paid to the Town Supervisor with reasonable
written proof of such payment delivered to the Chairman or Secretary
of the reviewing board.
J.
Upon completion of the review of an application or upon the withdrawal
of an application, and after all fees already incurred by the Town
have been paid and deducted from the escrow account, any balance remaining
in the escrow account shall be refunded within 60 days after the applicant's
request.
K.
This section shall not apply to area variance applications for one-family
residential uses.
L.
In the event of an applicant's failure to reimburse to the Town funds
expended to consultants for professional review fees as provided herein,
the following remedies may apply:
(1)
The Town may seek recovery of billed and unreimbursed fees by
bringing an action venued in a court of appropriate jurisdiction,
and the applicant shall be responsible to pay the Town's reasonable
attorney fees in prosecuting such action in addition to any judgment.
(2)
Alternatively, and at the sole discretion of the Town Board,
an applicant's failure to reimburse the Town for professional review
fees expended by the Town shall be collected by charging such sums
against the real property that is subject to the permit application
and by adding that charge to and making it a part of the next real
property tax bill associated with the subject property. Such charges
shall be levied and collected at the same time and in the same manner
as general Town taxes and such fees shall be paid by the Receiver
of Taxes to the Town Supervisor to be applied to the escrow fund from
which the costs for consultants' fees are paid. Prior to incorporating
such delinquent fees into the real property tax bill, the Town shall
send written notice to the applicant's address as contained in the
permit application and to the property owner, if other than the applicant,
at the owner's address of record as contained in the current assessment
roll. Such written notice shall be sent by the Town Supervisor by
certified mail, return receipt requested. Such notice shall inform
the owner and applicant of the delinquent amount of fees owed to the
Town and shall set a date for the owner-applicant's objections to
be heard by the Town Supervisor. Such notice shall be mailed or delivered
no later than 10 calendar days from the hearing date set forth in
the notice unless such time period is waived by the owner-applicant
in writing. After the hearing, the Supervisor shall be empowered to
correct any errors in the fees owed by the owner or applicant and
to extend terms of payment and adequate security of the debt and enter
into a written agreement with the owner or applicant to facilitate
the payment in full of the fee.
M.
Determination of payment.
(1)
In the event of a rezoning of property or other local law by
request of the owner, the Town Clerk shall determine from the Town
Supervisor if all outstanding professional review fees have been paid
by the applicant prior to submitting such rezoning or other local
law to the New York State Secretary of State. Such local law shall
not be filed with the Secretary of State until such outstanding fees
have been reimbursed to the Town or the Town Supervisor has entered
into a written agreement with the applicant extending the time of
payment of such fees.
(2)
In the event of a site plan approved by the Planning Board pursuant
to § 274-a of the Town Law of New York State, the Planning
Board Chairman shall determine from the Town Supervisor if all outstanding
professional review fees have been paid by the applicant or the Town
Supervisor has entered into a written agreement with the applicant
extending the time of payment of such fees prior to affixing his signature
to the site plan. All such outstanding consultant fees billed to the
applicant during the application process shall be paid in full to
the Town prior to the Planning Board Chairman affixing his signature
to the site plan.
(3)
In the event of a subdivision plat approved by the Planning
Board pursuant to § 276 of the Town Law of New York State,
the Planning Board Chairman shall determine from the Town Supervisor
if all outstanding professional review fees have been paid by the
applicant or the Town Supervisor has entered into a written agreement
with the applicant extending the time of payment of such fees, prior
to affixing his signature to the final plat.
N.
The Supervisor is empowered to delegate to the Planning Board Secretary,
the Zoning Board of Appeals Secretary and the bookkeeper the functions
of having custody of escrow account records.
O.
This section shall apply to all land use permit applications and
requested local law changes pending before the Town Board, Planning
Board or Zoning Board of Appeals when this section is filed with the
Secretary of State. All professional review fees incurred by the Town
thereafter shall be paid as provided herein.
A.
It is the express intention of the Town Board that this chapter supersede
Town Law § 274-a by establishing that the Planning Board
shall require that recreation areas be provided to the Town in connection
with the approval by the Planning Board of any site plan application
for the construction or conversion of multifamily dwelling units and
manufactured home parks. It is the further intention and purpose of
the Town Board to supersede Town Law § 274-a by establishing
that if, in the judgment of the Planning Board, satisfactory and adequate
recreation areas cannot be provided, the applicant shall be required
to pay a fee set forth in the current schedule of fees adopted by
the Town Board to the Town in lieu of providing such recreation areas.
B.
Before approval by the Planning Board of a site plan showing two
or more buildings containing multiple dwelling units or a manufactured
home park as defined in this chapter, such site plan shall also show,
in proper cases or when required by the Planning Board, a park or
parks suitably located for playground or other recreational purposes.
If the Planning Board determines that a suitable park or parks of
adequate size cannot be properly located on any such site plan or
is otherwise not practical, the Board may require as a condition of
approval of any such site plan a payment to the Town of a sum established
in the current schedule of fees adopted by the Town Board, which sum
shall be paid by the applicant to the Town Recreation Trust Fund prior
to the Planning Board's approval of such site plan, which sum shall
constitute a trust fund to be used by the Town exclusively for neighborhood
park, playground or recreation purposes, including the acquisition
of property.
Where this chapter imposes greater restrictions than required
by any other law, ordinance, or regulation, the provisions of this
chapter shall govern. Where the provisions of any other law, ordinance,
or regulation impose greater restrictions than are required by this
chapter, the provisions of such law, ordinance or regulation shall
govern.
If any part of this chapter is declared to be invalid by any
court of competent jurisdiction, such decision shall not affect or
impair the validity of said chapter as a whole, or any other part
of said chapter. The Town Board hereby declares that it would have
adopted this chapter and each part thereof irrespective of the fact
that any one or more of the parts may be declared invalid.
This chapter is intended to supersede, repeal and annul the
Zoning Ordinance of the Town of Hyde Park as enacted December 19,
1979, and amended thereafter.
A.
Site plan. A site plan approval application shall be exempt from
the requirements of this chapter and subject to the 1979 Zoning Ordinance,
as amended, if, as of the effective date of this chapter, the Planning
Board has adopted a resolution granting conditional site plan approval
and said conditional approval has not expired.
B.
Subdivision. An application for subdivision approval shall be exempt from the requirements of this chapter and Chapter 96, and subject to the 1979 Zoning Ordinance, as amended, and former Chapter A113, if, as of the effective date of this chapter, the Planning Board has approved a resolution granting preliminary subdivision approval for major subdivisions and sketch plan approval for minor subdivisions and said approval has not expired. In addition, one year after final approval has been granted, final plat plans need to be filed.
C.
To the extent that this section is inconsistent with Town Law §§ 265-a,
267-a, 274-a, 274-b, 276, 277 or any other provision of Article 16
of the Town Law, the provisions of this chapter are expressly intended
to and do hereby supersede any such inconsistent provisions.
This chapter, together with the Zoning Map, shall take effect
upon filing with the Secretary of State.
