text:
No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, for any purpose or any manner, except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located.
In interpreting and complying with this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the attainment of the purposes set forth in Article I.
Where this chapter requires a greater width or size of yards or other open spaces or a lower height of building or a fewer number of stories or a greater percentage of lot area to be left unoccupied, or otherwise imposes greater restrictions than required by any other statute, bylaw, ordinance or regulation, the provisions of this chapter shall govern. Where the provisions of any other statute, bylaw, ordinance or regulation require a greater width or size of yards or other open spaces or a lower height of building or a fewer number of stories or a greater percentage of lot area to be left unoccupied, or otherwise impose greater restrictions than are required by this chapter, the provisions of such statute, bylaw, ordinance or regulation shall govern.
Continuing existing nonconforming uses. Except as provided in § 223-10H herein, any lawful use of a structure or of land existing on the effective date of this chapter may be continued even though such use does not conform to the use provisions of this chapter. Such uses shall be deemed nonconforming uses.
[Amended 12-29-1997 by L.L. No. 14-1997]
Nonconforming use of land. Where no structure is involved, the lawful nonconforming use of land may be continued, provided that:
Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of the adoption of this chapter.
Such nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter.
If such nonconforming use of land, or any portion thereof, ceases for any reason whatsoever for a continuous period of more than six months, or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this chapter.
No nonconforming use of land shall be changed to another nonconforming use.
Nonconforming use of structures. The nonconforming use of a building or structure may be continued, provided that:
Such building or structure shall not be enlarged or extended unless the use therein is changed to a conforming use. (See Subsection E.)
Such nonconforming building shall not be structurally altered during its life to an extent greater than 25% of its fair market value, as determined by the City Tax Assessor, unless such alterations are required by law or by the provisions of Subsection H herein; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted and provided further that any such nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of the adoption of this chapter.
A nonconforming use of a building may be changed only to a use of less nonconformity, as determined by the Board of Appeals.
If any nonconforming use of a building ceases for any reason for a continuous period of more than one year or is changed to a conforming use or if the building in or on which such use is conducted or maintained is moved for any distance whatever for any reason, then any future use of such building shall be in conformity with the standards specified by this chapter for the district in which such building is located.
If any building in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of any land on which such building was located, and the subsequent use of any building thereon, shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.
Restoration of damaged buildings. If any nonconforming building shall be destroyed by any means to an extent of more than 50%, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all the regulations of this chapter for the district in which it is located. Where the destruction of such nonconforming building is less than 50%, it may be restored and the nonconforming use continued, provided that the total cost of such restoration does not exceed the replacement value of the destroyed portion of the building at the time of its destruction and further provided that such restoration is started within a period of six months of such destruction and is diligently prosecuted to completion. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall declared unsafe by the Building Inspector.
Nonconformity other than use. A building that is conforming in use but does not conform to the height, yard, lot area, lot dimension, land coverage, off-street parking, loading, minimum house size or similar dimensional requirements of this chapter shall not be considered to be nonconforming within the meaning of Subsections C, F and H. No permit shall be issued that will result in the increase of any such nonconformities, except that each side yard of the aforementioned lots may be reduced by one inch for every foot that such lot is less than the minimum width required by this chapter.
Registration of nonconforming uses. During the first three complete calendar months following the effective date of this chapter or of any amendment thereto, the owner or owners of property on which there is a nonconforming use of land or buildings (within the definition of this chapter or which may be made so by an amendment thereto) shall register such nonconforming use by filing, with the Board of Appeals, a statement of such nonconforming use. The acceptance of such statements shall not constitute an authorization to operate an unlawful use. The filing of a false registration statement shall constitute a violation of this chapter. If the owner of a nonconforming use shall not so register it, such use shall be presumed to have been discontinued unless the owner submits proof that the use existed legally prior to the effective date of the regulation that made it nonconforming. Annually, the Board of Appeals may send a questionnaire to the persons who have registered a nonconforming use, inquiring as to the status of such use. Such questionnaire shall be sent by certified mail, return receipt requested, to the last addresses available from the filed registration statements. If such questionnaire is not returned within 90 days, the Board of Appeals shall so record this fact and send a notice to the last address of the owner, to the effect that the nonconforming use is presumed to have been abandoned or discontinued unless the owner establishes, to the satisfaction of the Board of Appeals, proof that the use has continued.
Nonconforming signs. Regardless of any other provisions of this chapter, every sign which, after the adoption of this chapter, may exist as a nonconforming use in any district shall be discontinued and removed or changed to conform to the standards of said district within a period of 120 days from the date of the adoption of this chapter.
Residential uses on Main Street.
[Added 12-29-1997 by L.L. No. 14-1997]
Legislative intent. The Central Business (CB) and General Business (GB) Districts along Main Street have traditionally been and will continue in the future to essentially be retail/service in nature. In order for the Main Street business district to be healthy and vital, it must compete successfully with other business districts. One of the essential characteristics of a healthy downtown business district is a high degree of continuity between adjacent retail and service uses, so that consumers can conveniently walk from one storefront to the next without frequently being interrupted by gaps between the retail and service uses. These gaps are the result of uses which are not open to the general public such as, in this case, residential uses. Residences which are located at the front of the ground floor of the buildings on Main Street are believed to be more injurious to the health and vitality of this business district than residences located at the rear of the ground floor of said buildings because the shopping portion of the business district is primarily, but not exclusively, at the front of said buildings. It is recognized, however, that there are currently several vacant storefronts on Main Street. The City Council has determined that the residential units affected by this subsection should not be converted to retail space unless the vacancy rate for such retail space has declined to an acceptable level in the discretion of the City Council. As a result, the special permit procedure outlined herein will specifically take into consideration the vacancy rate on Main Street at the time this subsection is implemented.
Discontinuance. The following provisions pertain to buildings located on Main Street in the Central Business and General Business Zoning Districts: residential uses which are neither located on the upper floors nor in the rear of the first floor of said buildings shall be discontinued effective October 1, 2002. The City of Beacon shall notify all affected property owners no later than October 1, 2001, that all residential units so situated in the Central Business (CB) and General Business (GB) Zoning Districts must be converted no later than October 1, 2002, pursuant to the terms of this subsection.
Special use permit. Any property owner affected by this section shall be eligible to apply to the City Council for a special use permit to continue said residential occupancy for a period of two years. There shall be no further permits issued after the aforementioned permit has expired. Such application must be made no later than April 1, 2002, in order to maintain eligibility for the special use permit. The general provisions regarding the issuance of special use permits set forth in this chapter shall also apply to this application. In addition, the City Council shall take the vacancy rate for storefronts on Main Street into consideration when determining whether to issue such a permit.
[Amended 10-7-2002 by L.L. No. 27-2002]
Variance procedure. Any person or persons jointly or severally aggrieved by the terms of this chapter shall have the right to review a special permit determination by the City Council by a public hearing before the Zoning Board of Appeals and by a proceeding under Article 78 of the Civil Practice Law and Rules, which proceedings must be commenced within 30 days of the filing of such determination with the City Clerk.
[Added 12-29-1997 by L.L. No. 14-1997]
Exemption. This local law shall not apply to the residence located at 317 Main Street. This use as a single-family dwelling shall be continued as a nonconforming use notwithstanding the remaining provisions of this local law. However, the existing commercial portion of these premises which front on Main Street, may not be converted to a residential use.
[Added 12-29-1997 by L.L. No. 14-1997]
General nuisances. Upon a complaint registered by the Building Inspector or 50% of the property owners within 250 feet of a nonconforming use which is considered to be a general nuisance or hazard to the health, safety, welfare and morals of uses or structures within 250 feet of such nonconforming use or uses, the Zoning Board of Appeals shall hold a public hearing and make a finding with respect to the nuisance or hazardous condition which exists and shall determine the necessity of terminating such nonconforming use. Such uses shall be terminated within such reasonable time as shall be determined by the Zoning Board of Appeals as related to the reasonable amortization of the capital investment in such uses.
[Added 7-7-2003 by L.L. No. 7-2003]
Lot for every building. Every building hereafter erected shall be located on a lot as herein defined, and, except as herein provided, there shall be not more than one main building and its accessory buildings on one lot, except for multifamily or nonresidential buildings in districts where such uses are permitted.
Yard and open space for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building: no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.
Subdivision of a lot. Where a lot is formed hereafter from the part of a lot already occupied by a building, such separation shall be affected in such a manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of the chapter shall be applied.
Oversize lots. A lot which does not conform to one or more of the minimum dimensional requirements of this chapter for the district in which it is located, but contains within its boundaries the potential outlines for a lot which would conform to all of the applicable requirements of this chapter, shall be deemed to be a conforming lot within the meaning of this chapter.
Lots under water or within the one-hundred-year floodplain ("area of special flood hazard"). No more than 10% of the minimum area requirement of a lot may be fulfilled by land which is under water or within the one-hundred-year floodplain ("area of special flood hazard"). All minimum front, side and rear yard requirements must be satisfied by measurement on dry land.
[Amended 10-21-1991 by L.L. No. 12-1991]
Required street frontage. No building permit shall be issued for any structure unless the lot upon which that structure is to be built has the required frontage on a street, private road or highway, as defined herein, which frontage, except in the case of a common driveway, provides the actual access to such structure, and which street, private road or highway shall have been suitably improved to the satisfaction of the Planning Board or a performance bond posted therefor as provided in § 36 of the General City Law (Chapter 21 of the Consolidated Laws) of New York State.
[Amended 6-20-2005 by L.L. No. 4-2005]
Lot width required, Within any residence district, no part of any dwelling or other structure housing a main use and, within any business district, no part of any residence structure shall be erected on that part of a lot where the lot width is less than the minimum requirements for the district in which it is located.
New buildings on lots less than the minimum area. A permit may be issued for the erection of a building on a lot for which a valid conveyance has been recorded or contract of sale has been signed and the conveyance recorded prior to the adoption of this chapter, notwithstanding that the area or dimensions of such lot is less than that required for the district in which such lot lies, provided that all yard setbacks and other requirements which are in effect at the time of the obtaining of the building permit are complied with and provided that the owner of such lot does not own other lots contiguous thereto. If this is the case, such other lots or so much thereof as might be necessary shall be combined with the first named lot to make a single conforming lot, or a lot that conforms to the fullest extent possible, whereupon a permit may be issued, but only for such combined lots.
Modification of lot requirements. For the purposes set forth earlier in this chapter, and to promote the most appropriate use of land, to preserve the natural and scenic qualities of open lands, to promote natural resource preservation and conservation, and to facilitate the adequate and economical construction of community facilities and utilities, all directed towards the objective of fostering and obtaining land development of good quality and design at reasonable economic cost, the Planning Board is hereby authorized to review and act upon all subdivisions in accordance with the following provisions. In all cases, the Planning Board shall have the full power of subdivision approval, approval with conditions or denial, as authorized by the General City Law. These provisions may be utilized:
[Amended 3-1-2004 by L.L. No. 3-2004; 4-5-2004 by L.L. No. 6-2004]
When applied for by the applicant of the land to be subdivided if, in the judgment and discretion of the Planning Board, their application would benefit the City by satisfying one or more of the purposes set forth in Subsection J above; or
Where the Planning Board determines that their application would benefit the City by satisfying one or more of the purposes set forth in Subsection J above and where the Planning Board determines that one or more of the criteria as set forth in subsections (a) through (d) below would be achieved. In this case the Planning Board shall seek authorization from the City Council, on a case-by-case basis, to require the applicant to submit an application which reflects such modifications of applicable provisions of this chapter.
The preservation of a unique or significant natural feature of the site, including but not limited to a vegetative feature, wildlife habitat, surface water supply, underground aquifer, endangered species, rock formation, steep slope area, etc.
The protection of a unique or significant feature of the man-made environment of the site, including but not limited to a building, structure or artifact of architectural, historical or archaeological value.
The preservation of any unique or significant aesthetic feature of the site, including but not limited to a community vista, ridgeline, historic setting, etc.
The protection of any other unique or significant feature of the site which the Planning Board determines to be important for historic, recreational, educational, open space or similar purposes.
Average density subdivisions. Simultaneously with the approval of a subdivision plat and pursuant to § 37 of the General City Law, the Planning Board may modify the zoning regulations with respect to lot area and dimensions, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the permitted minimum lot area in such district and that there shall not be a greater average density of population or cover of the land with buildings than is permitted in such district and further provided that no lot shall have less than the minimum lot area and dimensions required for lots in the next less restrictive residential zoning district to the one in which the property is located. For the purpose of this section, "average density" shall be determined by the number of single-family residences which could be built under the zoning district standards in full conformity with the City's Subdivision Regulations[1] and all other applicable requirements. The basis for this determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property.
Conservation subdivisions. Simultaneously with the approval of a subdivision plat and pursuant to § 37 of the General City Law, the Planning Board may modify the zoning regulations in R1 and RD Residence Districts with respect to layout, configuration and design of lots, including minimum lot area, width, depth and frontage, minimum front, side and rear yards, and other similar requirements, buildings and structures, roads, utility lines and other infrastructure, parks or landscaping, provided that:
The permitted number of dwelling units in no case exceeds the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Land Subdivision Regulations,[2] the Dutchess County Department of Health regulations and all other applicable standards. The basis for this determination by the Planning Board shall be the conventional subdivision sketch layout information as may be required by said Board.
The maximum permitted building height requirements shall be the same as those normally applicable to other dwellings in the zoning district in which the property is located.
In both the R1 and RD Residence Districts, the dwelling units permitted may, at the discretion of the Planning Board, be in detached, semidetached, attached or multistory structures.
In the event that some part of said subdivision plat includes land to be devoted to park, recreation or open space, the Planning Board, as a condition of plat approval, may establish such conditions as shall be approved by the City Council.
In addition to compliance with any special standards, requirements and procedures as set forth in this Subsection J(3)(b), conservation developments shall also be subject to review and public hearing by the Planning Board in accordance with the same procedures as would otherwise be applicable to conventional subdivision plats. Upon the filing of the plat in the office of the County Clerk, a copy shall also be required to be filed with the City Clerk, who shall make the appropriate notations and references thereto on the official copy of the City Zoning Map.
Business entrances on residential streets extending into districts. Where any street extends through a residential district and into a business district, any block with frontage on said street, which frontage is partly in the residential district and partly in the business district, shall not be used for any business purpose except as herein set forth. Any business structure erected in said business district shall face and open upon a street which, for its entire extent adjacent to said block, is within the business district, except that show windows in such business structure may be built and exposed upon another street within the area set aside as a part of such business district. All other entrances to the business structures must face on the street which for its entire extent adjacent to the block is within the business district, except that entrances may be made from the other street to the upper stories of such business structures, a single entrance may be made at the corner of such other street and any second means of egress required by law and access to the structure from off-street parking facilities shall be permitted.
Transition between residential and nonresidential districts. Where a lot in a commercial or industrial district abuts a lot in a residential district, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district.
Premature subdivision. No building permit shall be issued for any construction, other than that required for the maintenance of minimum health and safety standards, within the area of a subdivision designated by the City Council as being premature, as defined herein, until such time as a revised plat has been filed in the office of the Dutchess County Clerk, nor shall any such building permit be issued within a period of 60 days from the date a report on a premature subdivision has been sent to the City Council by the City Planning Board.
Front of new dwellings. The front of any new one-family dwelling shall face the front lot line. In the case of a lot fronting on more than one street, the new dwelling shall face the street frontage which will make it most consistent with the front of other dwellings in the block in which it is located. For purposes of this section, the front of the dwelling shall be as determined by the Building Inspector based upon such factors as the location of the front door, the interior floor plan and the exterior appearance of the building.
[Added 6-20-1988]
Terraces. A paved terrace shall not be considered in the determination of lot coverage or yard requirements; provided, however, that such terrace is without roof, awnings, screens, walls, parapets or other forms of enclosure. Such terrace, however, may have a guard railing, open wall or fence, but such terrace shall not project into any yard to a point closer than five feet from any lot line.
Porches. No porch may project into any required yard. Any two-story or any enclosed porch, or one having a roof and capable of being enclosed, shall be considered a part of the building in determining the yard requirements or amount of lot coverage.
Projecting horizontal architectural features. Architectural features, such as windowsills, belt courses, chimneys, cornices, eaves or bay windows, shall not project more than three feet into any required yard. The sum of any bay window projections on any wall shall not exceed 1/4 of the length of any said wall.
Fire escapes. Open fire escapes may extend into any required yard not more than six feet: provided, however, that such fire escapes shall not be closer than four feet at any point to any lot line.
Projecting features above the roof level. The height limitations of this chapter shall not apply to flagpoles, church spires, belfries, cupolas and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads or similar features, radio and television antennas for the use of residents of dwellings and apartments, necessary mechanical appurtenances usually carried above the roof level, wireless telecommunication services facilities and radio towers. Such a feature, however, shall be erected only to a height necessary to accomplish the purpose it is intended to serve. The total area covered by such features shall not exceed, in cross-sectional area, 15% of the area of the roof on which they are located. Such features as water tanks, cooling towers and bulkheads shall be enclosed within walls. The material and design of such walls shall be in harmony with the main walls of the building on which they are located.
[Amended 7-15-2002 by L.L. No. 21-2002; 12-2-2002 by L.L. No. 30-2002]
Parapet walls. The provisions of this chapter shall not apply to prevent the erection, above the building height limit, of a parapet wall extending above such height limit less than five feet.
Walls and fences.
[Amended 7-2-2012 by L.L. No. 14-2012]
The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that the height of such fence or wall does not exceed four feet in front yards, six feet in side yards and six feet in rear yards, except that mesh garden or deer fencing shall not exceed eight feet in height. Notwithstanding the four-foot height limitation for fences and walls in front yards, the Planning Board shall have the discretion to approve a fence or wall up to six feet in height in front yards in connection with site plan approval where necessary for screening purposes.
The height of a fence shall be the vertical distance from natural or finished grade, as applicable, to the highest part of the fence section, except that the height of a fence on a retaining wall shall be measured from the top of the retaining wall to the highest part of the fence. Where the grade is uneven from the front of the fence to the back of the fence, the fence shall be measured from the side with the lowest natural or finished grade, as applicable. Where the grade along the line of the fence is uneven, the height of the fence may be measured from the base of the fence in eight-foot to ten-foot sections whereby one part of the base of each section shall be at grade and no point of the base of the fence shall be more than one foot above natural grade. For all fences and walls installed after the effective date of this amendment and for all existing fences and walls of which 50% or more is repaired or replaced after the effective date of this amendment, the finished side of the fence or wall shall face neighboring properties or the street, and such fence or wall shall comply with all requirements of § 223-13G.
No fences and walls shall be permitted in locations where they will interfere with adequate sight distance for vehicles exiting from a road or driveway on the parcel where the wall or fence is to be constructed or from driveways on neighboring property.
No signs shall be permitted on fences.
Prohibited materials. The following fences and fencing materials are specifically prohibited in any location on a lot: barbed-wire fences; sharp-pointed fences; unsafe materials; electrically charged aboveground fences; chicken wire; and temporary fences, such as, but not limited to, snow fences, expandable fences and collapsible fences; and in no event shall canvas, cloth or other similar opaque textile fence exceed the height limitation contained in this chapter. For the purposes of this section, temporary fencing shall not include fencing approved by the Building Inspector, including but not limited to fencing for the purposes of erosion and sediment control, construction and life-safety concerns.
Underground structures. Structures which are built completely below the level of the natural existing ground surface may be located in any side or rear yard, provided that they are not situated within three feet of any property line, or in the front yard, provided that they are set back from the front property line not less than 1/2 the distance required for aboveground structures. In no case, however, shall underground structures be required to set back further than the distance that would be required for aboveground structures.
Visibility at intersections. On a corner lot in any residence district, no fence wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street center lines and a straight line joining said street center lines at points which are 100 feet distant from the point of intersection, measured along said street center lines. The height of three feet shall be measured above the road surface at the center line of the road having the lesser elevation. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground.
Corner lots. On a corner lot in any residence district, there shall be provided a side yard on the side street equal in depth to the required front yard on said lot, or, if the lot is to be occupied by a one-family home, such side yard may be reduced to 25% of actual lot width.
Exception for existing alignment of buildings. If on one side of a street within 250 feet of any lot there is pronounced uniformity of alignment of the fronts of existing buildings and of the depths of front yards greater or less than the depth specified in the Schedules of Regulations,[1] a front yard shall be required in connection with any new building which shall conform as nearly as practicable to those existing on the adjacent lots, except that no such building shall be required to set back from the street a distance greater than 40 feet.
Editor's Note: The Schedule of Regulations for Residential Districts and the Schedule of Regulations for Nonresidential Districts are both included as attachments to this chapter.
Awnings. No awning, or similar weather shielding feature, projecting beyond the property line of any lot into the sidewalk portion of a street shall be erected or maintained on any building, unless such awning or feature shall be firmly attached to the building and is at all points at least eight feet above the sidewalk area.
Swimming pools. All swimming pools shall be considered structures and shall set back from lot lines at least the minimum distance required for other principal buildings and structures in that district.
If a swimming pool, as located, is within 100 feet from a dwelling other than the owner's or within 50 feet from any street or property line, the same must be completely surrounded by a fence or wall enclosure not less than four feet in height with openings, holes or gaps (exclusive of gates or doors) therein not more than four inches in one dimension, a part of which enclosure may consist of a dwelling house or accessory building. A wall or fence or other enclosure wholly enclosing a dwelling house shall constitute compliance with this requirement.
Each and every gate or door opening through such enclosure shall be equipped and maintained with effective self-closing and self-latching devices, except that the floor of any occupied dwelling house forming a part of such enclosure need not be so equipped. The use of a natural barrier, hedge or pool cover will be deemed to satisfy the requirement of a fence or wall as specified above when approved by the Building Inspector.
Landscaping, screening and buffer areas.
All portions of multifamily and nonresidential properties which are not used for locations for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes shall be landscaped and permanently maintained in such manner as to minimize erosion and stormwater runoff and harmoniously blend such uses with the residential character of the City as a whole.
Buffer areas. Wherever a buffer strip is required by this chapter, it shall meet the following standards:
Be at least 10 feet in width along any lot line abutting or directly across the street from a lot in a residence district.
Be of evergreen planting of such type, height and spacing as, in the judgment of the Planning Board, will screen the activities on the lot from view of a person standing at a street level on the adjoining residential lot. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot.
A wall or fence, of location, height and design approved by the Planning Board, may be substituted for the required planting.
Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements.
Exterior lighting. All exterior lighting accessory to a multifamily or nonresidential use, including the lighting of signs, shall be of such type and location and shall have such shading as will prevent the source of light from being seen from any adjacent residential property or from the street. Hours of lighting may be limited by the Planning Board in acting on any site development plan.
Refuse disposal. Adequate facilities for disposal of refuse shall be provided in all districts. In multifamily and nonresidential districts, all refuse disposal units or locations for deposit must be screened from view and designed in such fashion as to be fireproof and to prevent access by rodents and blowing away of refuse.
Courts. In any district, wherever a room occupied for residential purposes cannot be reasonably and adequately lighted and ventilated from a street or from a yard, as required by this chapter, a court conforming to the provisions of this section shall be provided on which such rooms shall open. The least dimension of any inner court at the sill level of the lowest windows shall be equal to the height of the highest wall forming part of such court. The depth of any outer court shall not exceed 1/2 its width, and such width shall not be less than 15 feet.
Accessory buildings on residential lots.
[Added 1-19-2016 by L.L. No. 2-2016]
General. No detached accessory building, including a garage, utility shed, storage shed or other outbuilding, but not including construction sheds, is permitted, until such time as the principal building has been substantially completed in conformance with all applicable provisions of this chapter. All accessory buildings shall comply with the dimensional and bulk requirements set forth on the accompanying Schedules of Regulations constituting § 223-17C and E of this chapter unless specifically provided otherwise herein. For the purpose of this section, "residential lots" shall mean any lot containing a permitted residential use.
Sheds. A shed may be erected, provided that it is used for storage and utility purposes that are customary and incidental to the existing residence. Notwithstanding any requirement in the Schedule of Regulations for Residential Districts[1] to the contrary, the shed shall be no larger than 144 square feet in floor area and a maximum of 10 feet in height at its highest point.
Editor's Note: The Schedule of Regulations for Residential Districts is included as an attachment to this chapter.
Detached garages and other accessory buildings. Detached garages and other accessory buildings are permitted, provided that they comply with the accompanying Schedules of Regulations[2] and meet the following additional requirements:
The building shall be located behind the front line of the primary building.
The building shall be permanent, except that fabric-covered frames or structures are permitted, provided that the structure and the fabric are appropriately maintained in good condition.
The building shall not be equipped with showers or bathing fixtures and equipment.
In no case shall the total square footage of all accessory buildings exceed the limits established in the Schedule of Regulations.
Space provided above the grade story shall be utilized for storage only.
Editor's Note: The Schedules of Regulations are included as attachments to this chapter.
[Amended 12-4-2000 by L.L. No. 20-2000; 2-19-2013 by L.L. No. 2-2013]
Conformity required. No sign or billboard shall be erected, constructed, displayed, maintained, moved, reconstructed, extended, enlarged or altered, except in conformity with and expressly authorized by the provisions of this chapter.
Relationship to a permitted use. All signs must pertain to a use conducted on the same property on which they are located.
Signs in residence districts. In residence districts, the following signs are hereby authorized:
One identification sign stating the name and address of the resident or property or the number of the lot, not exceeding one square foot in area.
One identification sign announcing any profession or occupation permitted as an accessory use on the lot, not exceeding one square foot of area.
For other permitted uses, one sign at each street frontage where the use has an access drive, provided that the total area of such sign does not exceed 50 square feet.
Interior signs displayed through windows shall not require a permit under this section, and said signs shall not count toward maximum number of signs affixed to a building per establishment. However, interior window signs affixed to or placed so as to be visible through a window shall be limited to the windows of the structure within which the permitted use is situated, facing the principal street giving access to such structure. The total amount of signage shall not exceed 30% of the total glass area. All signs shall be maintained in a legible, neat and orderly fashion.
Sign regulations in residence districts.
Animation. No sign shall be mechanically animated, such as moving, rotating or revolving.
Setback. All signs shall be located within the setback lines of the lot or on the building.
Repair. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition.
Illumination. Permitted signs may be internally or externally illuminated, except by means of a neon-type electric material, provided that such illumination shall not be twinkling, flashing, intermittent, or of changing degrees of intensity or projected outward from the property onto adjacent properties or public rights-of-way and provided that the source of such illumination shall not be visible beyond the boundaries of the lot on which it is located. Notwithstanding the above, neon, LCD and LED signs shall not be permitted.
Placement. No sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.
Signs in nonresidence districts. In nonresidence districts, the following signs are hereby authorized:
Not more than one sign affixed to the outer wall of the structure within which the permitted use is situated, which outer wall faces the principal street giving access to such structure, provided that:
The aggregate area of each such sign shall not exceed one square foot for each linear foot of building facing the street.
No such sign shall exceed two feet in height, except that a vertical projecting wall sign shall not exceed eight feet in height. A vertical projecting wall sign is defined as any sign which is attached to the building wall or structure which is perpendicular to the face of such wall or structure.
No sign shall project above the eaves of the building on which it is affixed or, if no eaves exist thereon, the roof, nor shall any sign extend more than six inches into any required yard.
No sign shall face an abutting residential zoning district if located within 50 feet of such district.
Vertical projecting wall signs shall not have more than two faces.
The exterior edge of a vertical projecting wall sign shall not extend more than five feet from the outer wall of the structure or 1/3 the width of the sidewalk, whichever is less.
No part of a vertical projecting wall sign shall extend into vehicular traffic areas, and any part over pedestrian areas shall have a minimum clearance of seven feet, six inches.
Not more than one freestanding sign facing each street on which the lot abuts, provided that:
The building is set back not less than 50 feet from the street line, in which case the sign shall not exceed 20 square feet in area.
The building is set back not less than 100 feet from the street line, in which case the sign shall not exceed 35 square feet in area.
No dimension shall exceed 12 feet.
One identification sign, not exceeding 10 square feet in area, to the outer wall of the structure facing upon a street or parking lot not faced by a sign as permitted in Subsection E(1) above.
In addition to other permitted signs, necessary small directional signs are permitted on access roads and parking areas, provided that the area of each sign shall not exceed two square feet.
Interior signs displayed through windows shall not require a permit under this section, and said signs shall not count toward maximum number of signs affixed to a building per establishment. However, interior window signs affixed to or placed so as to be visible through a window shall be limited to the windows of the structure within which the permitted use is situated, facing the principal street giving access to such structure. The total amount of signage shall not exceed 30% of the total glass area. All signs shall be maintained in a legible, neat and orderly fashion.
Temporary signs.
A temporary sign is a nonilluminated sign that is used in connection with a circumstance, situation or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, such as signs displayed during campaigns, drives or events of civic, political, philanthropic, educational or religious institutions. If such sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as "temporary." Unless otherwise provided in this section, signs shall not be considered temporary if they are effectively displayed on an ongoing basis, interrupted by short intervals when they are not displayed. Temporary signs shall not require a permit under this section, unless located in the public right-of-way or on public property.
Temporary signs must be removed by the individual or organization which posted, or caused to be posted, such temporary signs within seven calendar days after the event for which they are displayed, unless otherwise provided in this section.
No temporary sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.
The following temporary signs shall be permitted in all districts, unless otherwise provided in this section:
Not more than one temporary sign for each street frontage of the lot, identifying the architect, engineer and/or contractor, and not exceeding 40 square feet in area in nonresidence districts and six square feet in residence districts, shall be permitted during the course of construction only.
One "for sale" or one "to let" sign not exceeding six square feet in area for a single lot, or 50 square feet in area for a real estate subdivision, and set back at least 15 feet along the frontage of the street upon which the property is located. A "sold" sign shall not be displayed for more than 30 calendar days.
Signs indicating that a special event such as a grand opening, fair, carnival, circus, festival or similar event is taking place on the lot where the sign is located, not exceeding 40 square feet in area in nonresidence districts and six square feet in residence districts, and limited to one sign for each street frontage of the lot. The sign shall not be posted sooner than two weeks prior to the special event and shall be removed by the individual or organization which posted, or caused to be posted, such sign within three calendar days following the special event.
Sidewalk signs with no more than two faces, including but not limited to sandwich boards, in nonresidence districts, or in any other district provided the sign is located on Route 52 (Fishkill Avenue and Teller Avenue) or Route 9D (North Avenue and Wolcott Avenue), not exceeding one sign per business and not exceeding two feet in width and three feet in height. Sidewalk signs may be displayed on an ongoing basis, but shall not be displayed between the hours of 11:00 p.m. and 6:00 a.m., shall not include banners, and shall not be tethered. Sidewalk signs shall be located in the front of the business for which the sign is displayed, unless the business is located on a corner lot in which case the sign may be located to the side of the business, or unless the business maintains a rear entrance in which case the sign may be located to the rear of the business.
Signs for tag, garage or yard sales, not exceeding six square feet.
Signs conveying a nonpolitical, noncommercial message, not exceeding 40 square feet in area in nonresidence districts and six square feet in residence districts and limited to one sign for each street frontage of the lot.
Political posters, banners, promotional devices and similar political signs.
Sign regulations in nonresidence districts.
Illumination. Permitted signs may be internally or externally illuminated, provided that such illumination shall not be twinkling, flashing, intermittent, of changing degrees of intensity or projected outward from the property onto adjacent properties or public rights-of-way and provided that the source of such illumination shall not be visible beyond the boundaries of the lot on which it is located. Notwithstanding the above, neon, LCD and LED signs may be permitted.
Placement. No sign shall be located so as to obscure any signs displayed by public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.
Setback. Unless otherwise specified, all signs shall be located within the setback lines of the lot or on the building.
Repair. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition.
Animation. No sign shall be mechanically animated, such as moving, rotating or revolving.
Temporary signs in the public right-of-way and on public property.
Permit required. In all districts, no temporary signs shall be erected in the public right-of-way or on public property without a permit, unless specifically exempted below.
Exceptions. The following signs shall not be subject to the issuance of a permit:
Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.
Temporary emergency warning signs erected by a governmental body, public utility company or contractor doing authorized or permitted work within the public right-of-way, provided that such signs shall be located outside of the public vehicular and pedestrian travel ways and shall be placed so as not to create any nuisance or threat to public safety.
Bus stops erected by a public transit company.
Informational signs of a public utility regarding its poles, lines, pipes or facilities.
Permit standards. The Building Inspector or his duly authorized designee shall issue a permit within a reasonable period of time following receipt of a complete permit application for the placement of a temporary sign in the right-of-way or on public property, provided the following conditions are satisfied:
No sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow or means of egress.
The necessity of surety bonds and/or insurance shall be determined by the Building Inspector or his duly authorized designee. If it is determined that such surety bond and/or insurance is necessary, the amount of such surety bond and/or insurance shall be determined by the Building Inspector or his duly authorized designee, in his/her sole discretion, as may be necessary to defray any expense of liability from the City. Surety bonds and/or insurance policies shall be approved as to form by the City Attorney.
Permits for sidewalk signs shall be valid for one year from the date of issuance and shall not be transferrable.
Noncompliance with any of the foregoing provisions shall constitute an offense, punishable as provided for in § 1-3, General penalty. When a person has received written notice from the Building Inspector or has been served with a summons and complaint in an action to enjoin continuance of any violation, each day in excess of 10 days thereafter that he shall continue to be guilty of such violation shall constitute an additional, separate and distinct offense.
Any temporary sign installed or placed, except in conformance with the requirements of this section, shall be subject to removal. In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such sign the full costs of removal and disposal of such signs in accordance with the administrative fee set forth in the City of Beacon Schedule of Fees.[3] The fee shall be paid by the individual or entity retrieving the signs from the City. The City shall dispose of the sign(s) after five calendar days from the removal of the sign(s) by the City.
Editor's Note: The fee schedule is on file in the City offices.
The display of any sign at a location containing the name or address of a person or entity and a commercial message relating to such person or address shall be presumptive evidence that such person installed, created, erected and maintained the sign at the location where it was displayed. This presumption shall be subject to rebuttal by competent evidence.
Alteration of wetlands or watercourses. In any district, no alteration of wetlands or watercourses, whether by excavation, filling, grading, clearing, draining or otherwise. and whether or not incidental to activities otherwise permitted, shall be made in contours (whether submerged or above water level), water levels or flow of such wetlands or watercourses without review as to the effect of such alteration and any related facilities on water recharge areas, water table levels, water pollution, aquatic animal and plant life, temperature change, drainage, flooding, runoff and erosion. This review and approval of such alteration shall be made by the Planning Board.
Hilltops, ridgelines and very steep slopes. For the purpose of preventing erosion, minimizing stormwater runoff and flooding, preserving the City's underground water resources and protecting the City's character and property values, it is the intent of this chapter to avoid the development of hilltops, ridgelines and very steep slopes, and toward this end, wherever practicable, new construction shall avoid such areas, and existing vegetation in such areas shall not be disturbed wherever practicable. The City Council, the Planning Board, the Zoning Board of Appeals and the Building Inspector shall take these objectives into consideration in reviewing and acting on any plans submitted pursuant to the provisions of this chapter. Further, no building, development, construction of other site improvements, excavation, filling, grading, or removal of significant vegetation shall be permitted on a very steep slope unless the approval authority has determined:
[Amended 3-1-2004 by L.L. No. 2-2004]
That there is no other suitable alternative area within the lot available for the proposed use, improvement or development of such lot;
That the activity proposed is the minimum necessary to make reasonable use of the land;
That all feasible construction standards and precautions will be taken to assure that environmental impacts will be minimized; and
That the purpose and intent of this section are satisfied to the maximum degree feasible.
Procedure. Before granting or denying any request in accordance with this section, the Planning Board:
[Amended 5-2-2016 by L.L. No. 7-2016]
May require a public hearing, the notice of which shall be published by the applicant in the City's officially designated newspaper at least five days prior to the date of such hearing.
May request a written report on the effects of such alteration by the Soil Conservation Service of the United States Department of Agriculture or other expert of the Planning Board's choosing at the expense of the property owner or developer, and payment in advance of the amount of such expense, if any, shall be a condition of further consideration.
The accompanying Schedules of Regulations constituting § 223-17C and D herein list and define the use of land and buildings, the height of buildings, the yards and other open space to be provided in connection with buildings, the area of lots, off-street parking space and other matters. The regulations listed for each district as designated are hereby adopted and prescribed for each such district, subject to the provisions of this section, and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application.
It is the intention that the uses set forth for each district shall not be permitted uses in any other district in the schedules, unless allowed specifically or by reference as permitted uses in said district.
[Amended 10-15-2001 by L.L. No. 18-2001; 4-5-2004 by L.L. No. 5-2004]
There shall be no exterior storage of materials or equipment in connection with the use.
The maximum area of the use within the principal building on the lot shall not exceed the area of the basement plus 30% of the finished area of the floor(s) above the basement. In addition, the maximum floor area of the use within an accessory building shall not exceed 750 square feet.
There shall be no use of show windows, displays or other advertising visible outside the premises to attract customers or clients, except for permitted signage.
No offensive odor, noise, vibration, smoke, dust, heat, light, glare or other similar condition shall be produced by the use, and no electrical, television or radio interference to neighboring properties shall be produced by the use.
The use shall not add significantly to the quantity of waste material that would be expected for a residence without such accessory use.
No manufacturing shall take place as part of the use.
The use shall be conducted in such a manner and during such hours that it does not adversely affect the immediate neighborhood.
No external alterations, additions or changes to the structure(s) (other than signage) shall be permitted which would adversely affect the residential appearance of the premises.
Pickups from and deliveries to the use shall only occur between 8:00 a.m. and 6:00 p.m.
The use shall be conducted in a quiet manner.
[Added 5-7-2012 by L.L. No. 8-2012]
Intent. The City Council of the City of Beacon finds, declares and determines that the exploration for natural gas, the extraction of natural gas and the storage, transfer, treatment or disposal of natural gas exploration and production wastes within the City of Beacon poses a significant threat to its residents' health, safety and welfare. If natural gas exploration or extraction or the storage, transfer, treatment or disposal of natural gas exploration and production wastes were to occur within the City, this activity would endanger the health, safety and welfare of City residents through the deposit of toxins into the air, soil, water, environment and the bodies of residents within the City. Clean air and water are essential to most resources and activities in the Beacon area and the quality of the air and the water will be degraded by natural gas exploration and extraction activities and/or the storage, transfer treatment or disposal of natural gas exploration and production wastes; and natural gas exploration and extraction activities and the storage, transfer, treatment or disposal of natural gas exploration and production wastes may presently or in the future cause irreparable harm to the City's water supply, pollution of the water, soil and air, and may cause cancer, lung disease and respiratory diseases. This ordinance is not directed at the regulatory scheme for the operation of natural gas wells under the Oil, Gas and Solution Mining Law of New York State. It only addresses land use and nuisance concerns and the protection of the health, safety and welfare of the people of the City of Beacon and the enhancement of its physical environment.
Definitions. For the purposes of this section, certain words and terms used herein are defined as follows:
- Any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature or pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.
- Geologic or geophysical activities related to the search for natural gas or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, which include but are not limited to core or rotary drilling or making an excavation in the search and evaluation of natural gas or other subsurface hydrocarbon deposits.
- Any garbage, refuse, sludge, or other discarded materials, including solid, liquid, semisolid, or contained gaseous material that results from or is associated with the exploration, drilling or extraction of natural gas.
Prohibited uses.
No land in the City of Beacon shall be used for any of the following:
To conduct any exploration for natural gas;
To drill any well for natural gas;
To transfer, store, process or treat natural gas exploration and production wastes;
To dispose of natural gas exploration and production wastes; or
To erect any derrick, building, or other structure or place any machinery or equipment for such purposes.
No land in the City of Beacon shall be used for the storage, transfer, treatment and/or disposal of natural gas exploration and production wastes.
No application to customary local distribution lines. The prohibitions set forth herein are not intended, and shall not be construed, to prevent or prohibit the right to use roadways in commerce or otherwise for travel, prevent or prohibit the transmission of natural gas through utility pipes, lines or similar appurtenances for the limited purpose of supplying natural gas to residents or buildings located in the City, or prevent or prohibit the incidental or normal sale, storage, or use of lubricating oil, heating oil, gasoline, diesel fuel, kerosene, or propane in connection with agriculture, residential, business, commercial and other permitted uses within the City.
General provisions. The special uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
Application for a special permit.
[Amended 12-20-1993 by L.L. No. 5-1993; 12-18-2000 by L.L. No. 22-2000; 6-17-2013 by L.L. No. 12-2013; 4-21-2014 by L.L. No. 1-2014]
Application for required special permits shall be made to the Planning Board as agent for the City Council, and the applicant shall appear before the Planning Board prior to appearing before the City Council. All application materials, including plans, shall be submitted in electronic file format acceptable to the Building Department, in addition to at least five paper copies (or such other format or amount as determined by the Building Department), at least two weeks prior to the regular Planning Board meeting at which it will be considered. The Planning Board shall, upon receiving such application, forward a copy of the application to the City Council for the Council's use in initiating the state environmental quality review process and for otherwise processing the application. The Planning Board shall render a report to the City Council on each application, which report shall be rendered within 45 days of the date such application is received by the Board. Each report shall be submitted to both the Building Inspector and the City Engineer. The City Council shall conduct a public hearing within 62 days from the day on which a complete application is received. Public notice of said hearing shall be provided by the applicant in accordance with § 223-61.3 of this chapter. The City Council shall decide upon the application within 62 days after the hearing, provided that the SEQR process has been concluded. The time in which the City Council must render its decision may be extended by mutual consent of the applicant and the Board. The City Council may authorize the issuance of a permit, provided that it shall find that all of the following conditions and standards have been met:
[Amended 5-2-2016 by L.L. No. 7-2016]
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development use of adjacent land and buildings.
Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration or other characteristic than would be the operations of any permitted use, not requiring a special permit.
Parking areas will be of adequate size for the particular use and properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
The decision of the City Council on the application, after the holding of the public hearing, shall be filed in the office of the City Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.
A plan for the proposed development of a lot for a permitted special use shall be submitted with an application for a special permit. The plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, type and location of exterior lighting, drainage improvements in accordance with § 223-25F of this chapter, special features and any other pertinent information, including information about neighboring properties, that may be necessary to determine and provide for the enforcement of this chapter. The Planning Board, in preparing its report, as required in Subsection B, shall give particular study to the plan and shall recommend any changes that should be made in the plan to meet the conditions enumerated in §§ 223-17D and 223-18B.
[Amended 3-1-1993 by L.L. No. 2-1993; 4-5-1993 by L.L. No. 3-1993]
A current certificate of inspection issued pursuant to § 179-6 of this Code shall be submitted prior to rendering a final decision on an application for a special permit.
[Added 7-18-2011 by L.L. No. 11-2011[1]; amended 10-3-2011 by L.L. No. 12-2011]
Conditions and safeguards. The City Council shall attach such conditions and safeguards to the special permit as are necessary to assure continual conformance to all applicable standards and requirements.
Expiration of special permits.
[Amended 10-18-1993 by L.L. No. 4-1993; 12-21-1998 by L.L. No. 16-1998; 4-18-2016 by L.L. No. 6-2016]
A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if:
A bona fide application for a building permit is not filed within one year of the issuance of the special permit; or
If all required improvements are not made:
For special permits that do not include construction of a new building or addition, within one year from the date of the issuance of the building permit.
For special permits that include construction of a new building or addition, within two years from the date of issuance of the building permit.
Said use or uses shall cease for more than six months for any reason.
The City Council may grant one or more extensions, of up to six months each, to:
Complete the conditions of approval for the special permit use, upon a finding that an applicant is working toward completion of such conditions with due diligence and has offered a reasonable explanation of its inability to complete such improvements and file a bona fide application for a building permit within one year of the issuance of the special permit. No further extensions may be granted if the conditions are not completed within two years following the issuance of the special permit; and
Complete construction of the improvements, upon a finding that an applicant is prosecuting construction with due diligence and has offered a reasonable explanation of its inability to complete the project. No such extensions shall be granted unless the City Council finds that all appropriate erosion control measures to protect surrounding properties are in place.
The City Council may impose such conditions as it deems appropriate upon the grant of any extension. The granting of an extension of time under this section shall not require a public hearing.
Existing violations. No permit shall be issued for a special use for a property where there is an existing violation of this chapter.
[2] In the event that the improvements set forth in the special permit have commenced prior to the expiration date, but are not completed by that time, the applicant shall pay a daily fine of $25 until a certificate of occupancy has been issued by the Building Department.
[Added 8-1-1994]
Revocation. The Building Inspector may revoke a special permit where it is found that the use of the premises does not conform with the limitations and conditions contained in the special permit.
[Added 5-2-1994]
A special permit use shall conform to the following individual standards and regulations in §§ 223-20 through 223-24, where applicable, in addition to all other regulations for the zoning district in which the special permit use is located.
[Amended 6-17-2013 by L.L. No. 11-2013]
Permitted uses. If a site is to be used for a hotel, use of the site and any buildings or structures on the site shall be limited to usual hotel activities and accessory uses incidental to the operation of a hotel and of the same general character, provided that all such accessory uses shall be planned as an integral part and located on the same site with the hotel.
Such accessory uses may include the following:
Screening. Outdoor parking areas and recreational facilities shall be screened with fencing, landscaping and/or buildings on all sides toward adjoining residential lots. Where hotel buildings are set back less than 100 feet from one-family residential lots, such buildings shall be suitably screened with planting.
Minimum off-street parking.
For hotel rooms: One parking space shall be provided for each hotel guest room.
For restaurants, bars and other public rooms, and for recreation facilities and other permitted uses, other than lobbies: The number of parking spaces required in accordance with § 223-26 of this chapter shall be provided.
For employees: One parking space shall be provided for each employee for the maximum number of employees working at the hotel at any one time.
No kitchen facilities. There shall be no kitchen facilities in the hotel rooms except for a coffeemaker, a microwave oven and a small refrigerator.
[Added 12-5-1994 by L.L. No. 16-1994]
Purposes and considerations.
In the execution of this law it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.
It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the City of Beacon.
These special regulations are itemized to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
Definitions. The following definitions shall apply to the regulation of adult uses:
- An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and video tapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
- A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainment, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
- A drive-in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.
- See "adult use."
- A motel which is not open to the public generally but excludes minors by reason of age, or which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a movie theater, would not be open to the public generally but would exclude any minor by reason of age.
- A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but excludes any minor by reason of age.
- This use includes and is limited to adult bookstores, adult drive-in theaters, adult cabarets, adult motels, adult theaters, massage establishments and peep shows. Any use, such as for example a hotel, which includes any form of adult entertainment as a principal or any accessory use shall be considered an adult use for the purpose of this chapter.
- Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors. This definition shall not be construed to include a hospital, nursing home or medical clinic, or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist, or a barbershop or beauty salon in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude massage therapy establishments which are operated by a professional massage therapist licensed by the State of New York, health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts, or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
- A theater which presents material in the form of live shows, films, slides or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.
Location. Adult uses are to be restricted as to location in the following manner in addition to any other requirements of this code:
Adult uses shall not be located within a five-hundred-foot radius of the following zoning districts which permit residential development: R1-120, R1-80, R1-40, R1-20, R1-10, R1-7.5, R1-5, RD-7.5, RD-6, RD-5, RD-4, RD-3, RD-1.8, RD-1.7, RMF-1.5 and RMF-.8.
[Amended 2-16-2010 by L.L. No. 2-2010; 10-17-2016 by L.L. No. 11-2016]
Adult uses shall not be located within a one-half-mile radius of another such use.
Adult uses shall not be located within a five-hundred-foot radius of the property lines of any school, church or other religious institution or place of religious worship, park, playground or playing field.
Adult uses shall not be located in or within 500 feet of any Historic District and Landmark Overlay Zone.
Permitted uses. If a site is to be used for a car wash, either the automatic or self-service type, it shall be limited in primary function to such activities but may include the following accessory uses, provided that they are subordinate and incidental to the principal use:
Setbacks. In addition to the normal setback requirements of the zoning district in which it is located, a car wash shall be required to have a front setback adequate to meet the requirements of Subsection F.
Access drives. All access drives from public streets shall be properly related to such streets so as to avoid unsafe conditions and traffic congestion.
Off-street parking requirements shall be as follows:
One space per each two persons employed at the same time when the building is operating at full capacity or one space for each 400 square feet of gross floor area, whichever is greater.
Waiting area.
A waiting area for motor vehicles entering the facility, with parking spaces situated in a direct line of flow to the entrance of each bay of the car wash, and equal in number to:
"Maximum capacity" in these instances shall mean the largest number of motor vehicles which could be undergoing some phase of the washing operation at the same time.
A drying area for cars (where such drying is not an integral function of an automatic-type car wash) so situated as to be usable for the hand-finishing of cars at the end of the washing process, with parking spaces equal in number to:
Water supply. All automatic-type car washes shall include water recirculation systems, which shall be in operation at all times when cars are being washed and which shall be capable of reclaiming at least 80% of the water utilized in the washing process.
[Added 12-16-1996 by L.L. No. 19-1996]
Permitted uses. If a site is to be used for a hospital, it shall be limited to those activities encompassed in the definition of the term "hospital" in § 223-63 of this chapter.
Any building so used shall not be less than 75 feet from the lot line of any adjoining property, except that buildings which exist on the date of the enactment of this section shall not be less than 50 feet from the lot line of any adjoining property.
There shall be a minimum of 7,500 square feet of lot area for each patient bed. All patient beds shall be licensed by the state or federal government or one of their agencies.
No patient bed or treatment facility shall be located within 100 feet of any off-site dwelling as of the date a building permit for the construction of the structure housing the patient bed or the treatment facility is obtained or, if no building permit is required, as of the date the new hospital use commences.
A hospital for treatment of human mental ailments shall provide a licensed security guard and staff trained in security procedures on twenty-four-hours-a-day, seven-days-a-week basis.
Permitted uses. If a site is to be used for a nursing home, it shall be limited to usual nursing home activities, as defined herein, but not to include the boarding or keeping of patients suffering from any contagious disease, tuberculosis, mental illness, acute alcoholism or drug addiction.
In any R1-40 or R1-20 District, the minimum lot area shall be 40,000 square feet, plus 2,500 square feet for each additional resident person over 10 in number.
In any R1-10, R1-7.5, R1-5, RD-7.5, RD-6, RD-5, RD-4, RD-3, RD-1.8 or RD-1.7 District, the minimum lot area shall be 20,000 square feet, plus 1,500 square feet for each additional resident person over 10 in number.
[Amended 2-16-2010 by L.L. No. 2-2010; 10-17-2016 by L.L. No. 11-2016]
In any other district, where permitted, the minimum lot area shall be 10,000 square feet, plus 1,000 square feet for each additional resident person over 10 in number.
All new or relocated buildings and structures shall be set back from adjoining residential properties at least twice the distance required for residential uses.
Wherever any nursing home building is located less than 50 feet from an adjoining residential property, it shall be suitably screened with evergreen planting.
Off-street parking.
One off-street parking space shall be required for each three resident persons and one for each person employed at the same time when the building is operating at full capacity, including staff doctors.
All parking spaces shall be permanently improved and may not be located in the required front yard nor closer than 1/2 of the required nursing home building setback distance from any other property line.
Suitable landscaping and/or fencing or parking areas shall be provided so as to screen them from surrounding residential properties.
Signs. One sign, not exceeding 10 square feet in area, not flashing and not lighted by exposed tubes, bulbs or other light sources, announcing the name of the nursing home, shall be permitted facing each public street which the property abuts.
[Amended 10-21-1991 by L.L. No. 12-1991]
Conformance required. Any proposed development in an area of special flood hazard (also known as the one-hundred-year floodplain), must comply in all respects with the applicable provisions of Local Law Number 1 of the year 1987, entitled "A Local Law for Flood Damage Prevention."[1] A development permit shall be obtained before the start of construction or any other development within such area of special flood hazard. Such permits shall be granted or denied by the Commissioner of Public Works. As provided by the Flood Damage Prevention Law, the Zoning Board of Appeals shall hear and decide any appeals or requests for variances from the requirements of the Flood Damage Prevention Law.
[Added 11-20-1989]
Purpose and intent. It is the purpose and intent of allowing accessory apartments on single-family properties in all residence districts to provide the opportunity and encouragement for the development of small, rental housing units designed to meet the special housing needs of single persons, couples, other small households, the young, the elderly, persons of low and moderate income and relatives of families presently living in Beacon. It is the further purpose and intent of this provision to allow the more efficient use of the City's existing stock of dwellings and accessory buildings, to provide economic support for present resident families of limited income and to otherwise help to protect and preserve property values.
Owner occupancy required. The owner of the single-family lot upon which an accessory apartment is located shall occupy at least one of the dwelling units on said lot.
Location on the lot. An accessory apartment may be located either in a detached single-family dwelling or in an accessory building on such a single-family lot.
Apartment size. The minimum floor area for an accessory apartment within a detached single-family dwelling shall be 400 square feet. The maximum floor area shall be 650 square feet, but in no case shall the floor area of the apartment exceed 30% of the total floor area of the dwelling building in which it is located. For an accessory apartment located in an accessory building, the minimum floor area shall also be 300 square feet, and the maximum shall be 600 square feet, except that the City Council may permit a smaller or larger accessory apartment where appropriate in an existing accessory building constructed prior to August 1, 1989. There shall be no more than one accessory apartment permitted per single-family lot. However, in the case of a lot which contains an existing accessory building or buildings that comply with the minimum required setbacks required for a principal building in the zoning district in which the lot is located and that were constructed prior to August 1, 1989, one accessory apartment shall be permitted in each such accessory building in addition to the one permitted in the detached single-family dwelling; the area of such lot shall be at least 100% larger than the minimum lot area required in the district in which the lot is located for each accessory apartment in excess of the first one.
Exterior appearance. If an accessory apartment is located in a detached single-family dwelling, the entry to such unit and its design shall be such that, to the degree reasonably feasible, the exterior appearance of the building will remain that of a single-family residence.
Off-street parking. A minimum of two off-street parking spaces shall be provided for each accessory apartment in addition to the off-street parking required for other uses existing on the lot.
Renewal inspections. Each accessory apartment shall be inspected by the Building Department every two years in order to determine whether the apartment remains in compliance with this section. Upon a satisfactory inspection report, the accessory apartment owner shall be reissued a certificate of occupancy. In the event that the inspection indicates that the apartment is no longer in compliance, the certificate of occupancy shall be revoked until the violations are cured.
[Added 9-3-1996 by L.L. No. 9-1996[1]]
[Added 3-21-1994 by L.L. No. 3-1994]
[Added 8-6-2001 by L.L. No. 12-2001]
Development standards.
An artist live/work space may exist on the first floor of a structure only if the appearance and use of the live/work space on the street side is consistent with the nature of the permitted uses in the surrounding area. For example, if the surrounding area is retail in nature at the first-floor level, the live/work space shall be restricted to retail on the street side of the first floor, and said street side space shall be large enough, in the opinion of the Building Inspector, to support a typical retail enterprise.
Each artist live/work space and its various components shall be physically separate and distinct from other live/work spaces and other uses within a particular building. The sharing of artist live/work spaces by multiple tenancies, components thereof or utilities shall not be permitted. However, access to live/work spaces may be provided from common access areas, halls or corridors.
Each artist live/work space must be individually equipped with an enclosed bathroom containing a sink, toilet, shower or tub and appropriate venting.
Each artist live/work space must be individually equipped with a kitchen consisting of a sink, nonportable stove, oven and refrigerator.
Each artist live/work space must contain a floor area of no less than 800 square feet, of which a minimum area shall be devoted to the following: 35 square feet for an enclosed bathroom, 60 square feet for a kitchen, and 120 square feet for a sleeping area.
No more than 30% of the floor area of the artist live/work space may be devoted to residential space.
Direct access between living and working areas must be provided.
In order to ensure that the use is consistent with the other commercial uses, artist live/work spaces shall not be used for classroom instructional uses with more than two pupils at any one time; the storage of flammable liquids or hazardous materials; welding; or any open-flame work. Further, the work in the live/work space shall be so conducted as not to cause noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt or electrical disturbance which is perceptible by the average person located within any other residential or commercial unit within the structure or beyond any lot line.
Not more than one person who is 18 years of age or older may reside within an artist live/work space per 300 square feet of residential floor area. Further, not more than two persons who are at least 18 years of age, of which at least one of whom is an artist in residence, and not more than two children of said persons who are under 22 years of age may reside within a live/work space on a year-round basis.
Only one nonresident employee may be employed within an artist live/work space. This requirement may be waived for live/work spaces that provide retail space on the first floor.
Other than in a first-floor retail-oriented area, articles offered for sale within a live/work space must include those produced by the artist residing in said live/work space and may be offered with other like items.
One flush-mounted, nonilluminated sign, with a maximum area of two square feet, attached adjacent to or near the street entrance door to the live/work space may be used to identify the artist. This sign may list only the name of the artist with a one- or two-word description of the type of artwork or craft that is to be conducted within the live/work space. Where two or more live/work spaces occur within the same building, the signs must be placed in an orderly fashion in relation to each other and must be part of a coherent directory in which signs are ordered in a horizontal fashion. Where five or more live/work spaces are developed within one building, an interior directory sign shall be located in lieu of individual signs on the building exterior.
Residential space and work space shall not be rented separately or used by persons other than those people legally residing within the artist live/work spaces and permitted nonresident employees.
No artist live/work space shall serve as a place from which commercial vehicles are dispatched or operated.
For the purposes of this permitted use, artists shall only be those persons working exclusively with paint, paper, clay and/or other soft materials, and this use shall include photography, jewelry making, graphic arts and other similar relatively quiet endeavors as determined by the City Council in reviewing the proposed special use permit application. Tattoo appliers, body piercers and musicians shall not be considered artists for the purpose of this use.
Renewal inspections. Each artist live/work space shall be inspected by the Building Department every two years in order to determine whether the artist live/work space remains in compliance with this section. Upon a satisfactory inspection report, the artist live/work space owner shall be reissued a certificate of occupancy for two additional years. If the Building Inspector determines that the artist live/work space is not in compliance, the building owner or manager shall have 60 days in which to rectify all noncomplying elements and shall apply for reinspection with the Building Department, subject to an additional fee. If all such noncomplying elements are not rectified within the above-specified time frame, the certificate of occupancy for the use shall expire and the use as authorized by the special permit shall be terminated.[2]
[Added 9-19-2005 by L.L. No. 11-2005; amended 3-18-2013 by L.L. No. 6-2013]
Editor's Note: Former Subsection B, regarding procedures for special permits, which immediately followed this subsection, was repealed 3-18-2013 by L.L. No. 6-2013. Section 4 of this local law provided as follows: "Any artist live-work space that failed to comply with the prior language of § 223-24.3B shall have six months from the effective date of this local law to renew its special permit by complying with new § 223-24.3A(18) and (19) and existing Subsection A(17) and any other applicable provision of the City Code. Failure to do so shall result in the expiration of the special permit and the use as authorized by the special permit shall be terminated."
The owner of the live/work space shall file a certification with the Building Department every two years, and at any point in time when there is a change in ownership or a change in the use of the space, on a form provided by said Department, which certifies that the live/work space is in conformance with the Zoning Chapter and the special permit, and that the residential portion of the space has not been expanded beyond a maximum of 30% of the floor area of the live/work space, as required by Subsection A(6) above.
[Added 3-18-2013 by L.L. No. 6-2013]
The deed, offering plan, certificate of occupancy and/or rental agreement, as appropriate, for each artist live/work space shall contain language, satisfactory to the City Attorney in form and substance, which states that the subject dwelling is an artist live/work space as defined in § 223-63 of the Zoning Chapter of the Code of the City of Beacon, New York, and is subject to all restrictions and limitations as set forth in said chapter and the approval resolution(s), including the requirement for a certification with the Building Department in accordance with § 223-24.3A(18). Proof of recording of the deed shall be provided to the Building Department within 60 days after the conveyance.
[Added 3-18-2013 by L.L. No. 6-2013]
[Added 3-18-2002 by L.L. No. 9-2002]
The minimum lot size for the establishment of this use shall be 40,000 square feet.
Off-street parking accessory to this use shall be screened from adjacent residential properties.
The outward appearance of the use shall be that of a one-family dwelling and there shall be no indication of the bed-and-breakfast establishment from the exterior of the building, except for the sign. A separate entrance into the building for the bed-and-breakfast use shall not be permitted.
Seating for food and beverage service shall be limited to the maximum occupancy of the bed-and-breakfast establishment.
The lodging provided shall be for periods of less than two weeks in duration.
The maximum number of guest bedrooms at a bed-and-breakfast establishment shall be six, except that the City Council may, at its discretion, allow additional guest bedrooms up to a maximum of 10 where the Council determines that the size and shape of the lot on which the establishment is proposed can accommodate the additional patrons and parking.
Renewal inspections. Each bed-and-breakfast establishment shall be inspected by the Building Department every two years in order to determine whether the establishment remains in compliance with this section. Upon a satisfactory inspection report, the bed-and-breakfast establishment owner shall be reissued a certificate of occupancy. In the event that the inspection indicates that the bed-and-breakfast establishment is no longer in compliance, the certificate of occupancy shall be revoked until the violations are cured.
[Added 7-15-2002 by L.L. No. 21-2002; amended 12-2-2002 by L.L. No. 30-2002]
Statement of intent and objectives.
The City Council has determined that the establishment of zoning provisions to institute minimum standards for wireless telecommunications services facilities shall be among the legislative purposes of the Zoning Law of the City of Beacon and is in accordance with the goals, objectives and policies of the City's Development Plan.
The purpose of these special regulations is to reasonably control the location, construction and maintenance of wireless telecommunications services facilities in order to encourage the siting of said facilities in nonresidential areas and to protect, to the maximum extent practicable, aesthetic impacts, the open space character of portions of the City of Beacon, the property values of the community, and the health and safety of citizens, while not unreasonably limiting competition among telecommunication providers.
Use. Except as provided hereinafter, no wireless telecommunication services facility shall be located, constructed or maintained on any lot, building, structure or land area in the City of Beacon unless a special use permit has been issued in conformity with the requirements of this chapter and all other applicable regulations.
Exemptions. The provisions of this section shall not apply to unlicensed wireless telecommunication services facilities installed wholly within a principal or accessory building, such as but not limited to baby monitors, garage door openers and burglar alarm transmitters, and serving only that building.
Location and access.
Subject to the City Council's review and evaluation of technological, structural, safety and financial considerations associated with alternative locations for the siting of wireless telecommunication services facilities, the following locational priorities shall apply in the order specified, consistent with the City's obligation to create the least amount of adverse aesthetic impact and to preserve the scenic values of the City:
On City-owned or City Housing Authority-owned sites, buildings and structures.
Co-location on an existing wireless telecommunication services facility or radio tower, as identified on an inventory of existing facilities which shall be maintained by the City (the "existing facilities inventory"). Co-location shall be required unless it has been demonstrated to the satisfaction of the City Council that:
None of the sites identified on the existing facilities inventory within the service area can accommodate the proposed wireless telecommunication services facility in a reasonable financially and technologically feasible manner consistent with the wireless communications service carrier's system requirements;
None of the sites identified on the existing facilities inventory within the service area can accommodate the proposed wireless telecommunications services facility with respect to structural or other engineering limitations, including frequency incompatibilities; or
The owners of the sites identified on the existing facilities inventory within the service area lawfully refuse to permit the applicant's use of the site.
On sites, buildings and structures located in the HI and LI Zoning Districts.
On sites, buildings and structures in the PB, HB, OB, LB and GB Zoning Districts.
On sites, buildings and structures in the CB Zoning District.
Except for co-location on an existing wireless telecommunication services facility or radio tower identified on the existing facilities inventory and except for location on a building (and the premises thereof) which is at least nine stories in height, new wireless telecommunication services facilities shall not be located in the WD, WP and Residential Zoning Districts, nor in the Historic District and Landmark Overlay Zone.
Wherever possible, new wireless telecommunication services facilities shall be in the form of antennas attached to an existing building or structure and/or shall be in the form of stealth structures. Lattice towers shall be the structures of last resort.
All new wireless telecommunication services facilities and premises shall be of proper size, location and design to accommodate co-location of other service providers' facilities, unless otherwise permitted by the City Council. To the maximum extent practicable, existing roadways shall be used to provide access to the site of a wireless telecommunication services facility.
Setbacks. Wireless telecommunication services facilities, except those structurally mounted to an existing building or structure, shall be located not less than two times the otherwise applicable setback requirements for principal structures for the district in which the property is located, or not less than the height of the facility plus the otherwise applicable setback requirements for principal structures for the zoning district in which the property is located, whichever shall be greater. Wireless telecommunication services facilities structurally mounted to the roof of an existing building or structure shall be set back from the side of the building or structure so as to minimize its visibility, but in no case less than 10 feet unless a stealth design is proposed, in which case the City Council may waive or modify this requirement.
Height limitations. Notwithstanding the following height limitations, in no case shall a wireless telecommunication services facility exceed the minimum height reasonably necessary to accomplish the purpose it is proposed to serve.
The height of any antennas, or other associated equipment, structurally mounted as part of a wireless telecommunication services facility shall not exceed by more than 15 feet the highest point of the existing structure on which such antennas or equipment is affixed.
The height of any monopole or tower utilized in a wireless telecommunication services facility shall not exceed 150 feet in height measured from the highest point of such facility to the finished grade elevation of the ground immediately adjacent to the structure.
Visual mitigation. The applicant/provider shall prepare a visual impact assessment of the proposed wireless telecommunication services facility based upon appropriate modeling, photographic simulation and other pertinent analytical techniques as required by the City Council. Landscaping and/or other screening and mitigation, including but not limited to architectural treatment, stealth design, use of neutral or compatible coloring and materials, or alternative construction and transmission technologies, shall be required to minimize the visual impact of such facility from public thoroughfares, important viewsheds, vantage points and surrounding properties to the extent practicable, as determined by the City Council. No signs shall be erected on any wireless telecommunication services facility except as may be required by the City Council for security or safety purposes. All equipment enclosures and storage buildings associated with the wireless telecommunication services facilities shall be consistent or compatible with adjacent buildings in terms of design, materials and colors and shall be appropriately landscaped.
Materials. A wireless telecommunication services facility shall be of galvanized finish or painted gray or another neutral or compatible color determined to be appropriate for the proposed location of such facility in the reasonable judgment of the City Council. The mountings of wireless telecommunication antennas shall be nonreflective and of the appropriate color to blend with their background.
Lighting. The wireless telecommunication services facility shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state or local authority.
Operational characteristics. Unless otherwise superseded by the Federal Communications Commission (FCC), the design and use of the proposed wireless telecommunication services facility, including its cumulative impact with other existing and approved facilities, shall be certified to conform to the maximum NIER exposure standards promulgated by the FCC, as amended. Said certification shall include a report by a licensed professional electrical engineer with expertise in radio communication facilities and/or health physicist acceptable to the City Council. A copy of such certification report shall be submitted to the City Council prior to commencing operation of such facility and a copy shall be filed with the Building Inspector. The City Council may require annual certification of conformance with the applicable emission standards. Additionally, copies of certification reports shall be submitted to the City Council whenever they are required to be submitted to the FCC. The City Council may hire a qualified professional of its choosing to review and confirm such initial and subsequent certification report(s), the cost of which shall be reimbursed by the applicant in accordance with the escrow account procedures established by the City for the reimbursement of professional review fees for subdivision, site plan and special use permit applications. Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation.
Noise. Noise-producing equipment shall be sited and/or insulated to prevent any detectable increase in noise above ambient levels as measured at the property line.
Utility service. Electrical and land-based telephone lines extended to serve the wireless telecommunication services facility sites shall be installed underground. If the wireless telecommunication services facility is attached to a building, and if determined practical and economically feasible by the City Council, all wires from the ground to said facility shall be located within the building. If permitted to be located outside said building, the wires shall be enclosed in a conduit whose materials and colors are consistent or compatible with the building.
Safety provisions. A wireless telecommunication services facility shall be designed and erected so that in the event of structural failure it will fall within the required setback area and, to the maximum extent possible, away from adjacent development.
Security provisions. A security program shall be formulated and implemented for the site of a wireless telecommunication services facility. Such program may include physical features such as fencing, anti-climbing devices or elevating ladders on monopoles and towers, and/or monitoring either by staff or electronic devices to prevent unauthorized access and vandalism.
Annual structural/safety inspection and report. A monopole or tower over 50 feet in height shall be inspected annually from a structural and safety perspective at the expense of the service provider by a licensed professional engineer, or at any other time upon a determination by the Building Inspector that the monopole or tower may have sustained structural damage, and a copy of the inspection report shall be submitted to the Building Inspector.
Lease agreement. In the case of an application for approval of a wireless telecommunication services facility to be located on lands owned by a party other than the applicant or the City, a copy of the lease agreement with the property owner, absent the financial terms of such agreement, together with any subsequent modifications thereof, shall be provided to the City Council and a copy shall be filed with the City Clerk and the Building Inspector.
Removal. A wireless telecommunication services facility shall be dismantled and removed from the property on which it is located within 60 days when it has been inoperative or abandoned for a period of one year or more from the date on which it ceased operation. The applicant shall provide to the City written notification, including identification of the date the use of the facility was discontinued or abandoned by one or more of the service providers, acknowledgment of the requirement to remove the facility, and identification of plans for the future of the facility. The applicant shall post a bond to ensure that the wireless telecommunication services facility shall be removed upon abandonment as set forth herein at the applicant's sole expense.
Application procedure.
An application for approval of a wireless telecommunication services facility shall be submitted on the relevant forms for special use permit approval and shall be jointly filed by the operator of the wireless telecommunication services facility and the owner of the property on which such facility is proposed to be located. A site plan drawing showing the location of the proposed facility shall accompany the application for special use permit approval. Special use approval by the City Council in accordance with §§ 223-18 and 223-19 of this chapter shall be required. The City may enlist the services of a radio frequency (RF) engineer and/or other relevant consultants, at the applicant's cost, for the review of the application.
The operator of the wireless telecommunication service shall submit a certificate of public utility, unless it can be demonstrated to the satisfaction of the City Council that the operator of such facility is exempt from such requirement pursuant to New York State law. The operator of such facility shall also demonstrate to the satisfaction of the City Council that there is a compelling public need for such facility at the location(s) proposed by the applicant. Such demonstration shall include the preparation of existing and master effective service area plans which:
Minimize the number of such facilities within the service area(s);
Maximize co-location of wireless telecommunication service facilities;
Identify all existing and proposed wireless telecommunication facilities which impact upon the service area covering the City of Beacon, including but not limited to topographic maps of the City with service coverage and service gap grids and all proposed as well as other functionally acceptable locations for such facility(ies); and
Analyze feasible alternatives to reasonably minimize the visual impacts and exposure levels.
Where the owner of the property on which a wireless telecommunication services facility is proposed contemplates that such property may be used for the installation of two or more such facilities, the property owner shall submit a conceptual master plan identifying the total number and location of such facilities.
Any application for a wireless telecommunication services facility shall include a statement and appropriate documentation demonstrating that City-owned sites, buildings and structures and the City's existing facilities inventory have been reviewed to the extent relevant to provide wireless telecommunication services in the area which is the subject of such application and that all reasonable efforts have been made to locate or co-locate such facility on all City-owned sites, buildings and structures and on all sites identified in such existing facilities inventory within the service area.
As a condition of special use permit approval, the applicant shall be required to provide a written agreement, in recordable form suitable for filing and prepared to the satisfaction of the City Attorney, acknowledging that it shall be required to allow the co-location of other future wireless telecommunication service facilities at fair market cost, unless otherwise unreasonably limited by technological, structural or other engineering considerations.
The applicant and all future owners of the premises and the wireless telecommunication services facility shall at all times keep on file in the office of the City Clerk the name, address, and telephone number of the owner and operator of such facility and of at least one individual who shall have authority to arrange for the maintenance of the premises and facility and who shall be authorized to accept service of notices and legal process on behalf of the owner and operator(s) of the premises and facility and to bind the owner to any settlement, fine, judgment, or other disposition (other than incarceration) which may result from any civil or criminal action or proceeding instituted by the City against such owner and/or operator(s).
[Added 4-5-2004 by L.L. No. 5-2004]
Each artist studio shall be inspected by the Building Department every two years in order to determine whether the artist studio remains in compliance with this section. Upon a satisfactory inspection report, the artist studio owner shall be reissued a certificate of occupancy. In the event that the inspection indicates that the artist studio is no longer in compliance, the certificate of occupancy shall be revoked until the violations are cured.
[Added 5-17-2010 by L.L. No. 4-2010]
The following uses may be permitted by special permit, issued by the City Council, in the Historic District and Landmark Overlay Zone:
Specialized business uses of low traffic volume, normally associated with history, the arts or cultural uses, appropriate to the structure and compatible with the neighborhood. Such uses may include:
Residential or professional uses, provided that they are appropriate to the structure, compatible with the neighborhood and are located on a road that can accommodate increased traffic as determined by the City Council. These uses may include the following:
Sit-down restaurants not to exceed a seating capacity of 50.
Professional offices not to exceed 10 employees.
Multifamily residential use not to exceed four units.
Artist live/work spaces not to exceed four units.
Special permits warranted under certain conditions.
Notwithstanding the limitations in Subsection B above, and with the exception of Subsection B(2), the City Council may approve a special permit for any of the uses listed in said section, and may allow a larger number of seats, employees, dwelling units, or artist live/work spaces, when it determines that such larger number is warranted by one or more of the following:
In approving any such special permit, the City Council shall establish such limitations on the number of seats, employees, dwelling units, or artist live/work spaces, as the case may be, as it deems warranted.
[Amended 4-16-2018 by L.L. No. 8-2018]
The City Council must make the following findings before special permit approval is granted:
Any exterior restoration shall maintain the architectural and historic integrity of the structure. Any new construction shall be compatible with neighboring structures.
The proposed use is compatible with the neighborhood, and activities permitted within the structure can be adequately buffered from any surrounding residential homes.
The resulting traffic generation will not overburden existing roads, and adequate parking can be provided without unduly destroying the landscape or the setting of the structure.
The proposed use is appropriate to the structure, will aid in the preservation of the structure and will not result in undue alterations or enlargement of the structure.
A site plan shall be submitted to the Planning Board to accompany any special permit application under this section. The site plan shall be accompanied by schematic architectural drawings which shall show the existing conditions of the property and any existing structure and the proposed restoration or construction. The Planning Board must approve a certificate of appropriateness in order to grant site plan approval as set forth above.
[Added 8-30-2010 by L.L. No. 12-2010]
Such amusement center shall contain only vintage amusement devices that were built prior to the year 1980 or noncomputerized devices with the exception of first generation computerized games such as those manufactured prior to 1990.
Such amusement center shall only operate between 9:00 a.m. and midnight.
Such amusement center shall be located in a fully enclosed building with the windows always closed and the door(s) open only during ingress and egress.
Such amusement center shall be so located and/or so insulated such that, except when the doors are open during ingress and egress, the sound of the amusement devices off the premises of the amusement center:
Such amusement center shall not cause vibration which is discernible off the premises of the amusement center.
The amusement center building's electrical system shall be such that it can accommodate the electrical load of the amusement devices in accordance with the New York State Building Code.
Such amusement center shall have an adult supervisor of at least 21 years of age on the premises at all times in which said center is open to the public.
No person under 18 years of age shall be allowed to operate any amusement device before 3:00 p.m. on any day in which school is in regular session. For the purpose of this section, the term "school" is defined as any public or private institution providing learning facilities for Grades K through 12. Further, no person under 18 years of age shall be allowed to operate any amusement device after 10:00 p.m.
In reviewing and approving each application, the City Council must be able to find, and the Special Permit Resolution shall require:
That the establishment, maintenance or operation of such amusement center will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
That such amusement center will not be injurious to the use and enjoyment of other properties in the vicinity of said center, nor diminish and impair property values within the neighborhood.
That the establishment of such amusement center will not impede the normal orderly development and improvement of the surrounding properties.
That adequate measures will be taken by the operator of such amusement center to maintain the absence of loitering and good order surrounding the location of such amusement center.
The standards above shall be liberally construed and enforced in order to protect the public health, safety, morals, comfort and general welfare.
Renewal of special permit. The special permit for such amusement center shall be subject to renewal every year by the City Council. Such renewal shall be based upon a written statement from the Building Inspector that said amusement center is in conformity with the terms of its special permit and with the terms of this chapter pertaining to said use, as well as upon any record of complaints from neighbors.
Procedures for the renewal of special permit.
A special permit issued in accordance with the terms of this chapter shall automatically renew each year, subject to:
An inspection and report by the Building Department and report indicating that the amusement center is in conformity with the terms of the special permit and site plan. Said report shall also include information regarding any record of complaints from neighbors; and
Payment of the appropriate inspection fee as set by the City Council.
If the Building Inspector issues a report indicating compliance with the terms of this section, the special permit and the site plan, the special permit shall be renewed for a one-year period.
If the Building Inspector issues a report indicating noncompliance with the terms of this section, the special permit or the site plan, the building owner or manager shall have 60 days to rectify all noncomplying elements and shall reapply for an appointment for inspection with the Building Department subject to an additional inspection fee. If such application for an appointment for an inspection is not received within the specified time, the special permit shall expire and the amusement center shall be terminated. If the Building Department issues a report indicating compliance, the special permit shall be renewed for a one-year period. If upon reinspection the Building Inspector issues a report indicating noncompliance, the amusement center shall be terminated.
[Amended 3-1-1993 by L.L. No. 2-1993; 4-5-1993 by L.L. No. 3-1993; 10-18-1993 by L.L. No. 4-1993; 5-19-2003 by L.L. No. 5-2003]
Approval required. No building permit shall be issued, other than for interior alterations, and no change in type of use, as categorized in § 223-26F hereof, shall be permitted, other than one-family dwellings, except in conformity with an approved site development plan, and no certificate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same approval procedure.
[Amended 12-5-2011 by L.L. No. 14-2011]
Application for site development plan approval.
[Amended 11-19-2007 by L.L. No. 13-2007; 7-18-2011 by L.L. No. 11-2011; 4-21-2014 by L.L. No. 1-2014]
An application for a building permit for a use requiring site development plan approval shall be made to the Building Inspector by a legally certified individual or firm, such as a registered architect or professional engineer. All application materials, including plans, shall be submitted in electronic file format acceptable to the Building Department, in addition to at least five paper copies (or such other format or amount as determined by the Building Department), at least two weeks prior to the regular Planning Board meeting at which it will be considered. The site development plan shall contain the following information:
A map showing the applicant's entire property and adjacent properties and streets, at a convenient scale.
The proposed location, use and design of all buildings and structures.
Any proposed division of buildings into units of separate occupancy.
Existing topography and proposed grade elevations.
Location of all parking and truck loading areas, with access and egress drives thereto.
Location of any outdoor storage.
Location of all existing and proposed site improvements, including drains, culverts, retaining walls and fences.
Description of method of water supply and sewage disposal and location of such facilities.
Location and size of all signs.
Location and design of landscaping and buffer areas.
Location and design of lighting, power and communication facilities.
Any other information as deemed necessary by the Planning Board.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 190 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 190, Article II. The approved site plan shall be consistent with the provisions of Chapter 190.
Two-phase site plan approval for nonresidential projects. Notwithstanding the provisions of Subsection B above, where a proposed nonresidential development project may involve a number of buildings or uses to be developed over a period of time, the Planning Board is authorized to review the site plan in two distinct phases.
The first phase, called conceptual site plan review, shall consider the general parameters of the total proposed development, including total square footage of floor area, range of anticipated uses, traffic access and internal circulation, site buffering, sewer and water demands, parking requirements, and other relevant issues as determined by the Planning Board. The application for conceptual site plan approval shall contain the information set forth in Subsection B, but at a conceptual level. After review, and environmental compliance pursuant to Subsection F below, the Planning Board may grant a conceptual site plan approval, which shall set forth the parameters of the development approved, and any specific conditions or criteria under which future actions, including subdivisions, or project-specific site plans for individual elements of the conceptual site plan, will be undertaken, reviewed, and approved, including requirements for any subsequent SEQR compliance in accordance with Subsection F below. There shall be no vesting granted to any applicant by virtue of the adoption of conceptual site plan approval by the Planning Board.
The second phase, called the project-specific phase, will include all elements not previously reviewed and approved as part of the conceptual review. These could include, in appropriate cases, but are not limited to details of site grading, architectural review, landscaping, parking compliance, etc.
Subsequent to conceptual site plan approval by the Planning Board of the overall site area, owners may subdivide the site forming lots and/or buildings, provided that sufficient parking in accordance with § 223-26 of this chapter is included on each lot or is made available to support the use on each lot in a manner satisfactory to the Planning Board, and that no development within any lot will be permitted except as shown on a site plan approved by the Planning Board. Provisions satisfactory to the Planning Board for maintenance of all elements of the site plan shall also be a prerequisite for any subdivision of the overall site area. The standards as referred to in § 223-17D shall apply to the overall site area, whether or not the same is or will continue to be under one ownership, so long as all of such land is contiguous, with the exception of any streets or driveways separating any part of such land from any other part. To the extent that the provisions of this subsection conflict with the provisions of § 223-12, the provisions of this subsection shall be controlling.
Referral of application to Planning Board. Each application requiring site development plan approval, together with the required information described in Subsection B above, shall be referred to the Planning Board by the Building Inspector within five days of the date of application. Within 60 days of the date of the first Planning Board meeting on or after the date of referral, the Planning Board shall forward its recommendation to the Building Inspector, the City Engineer, and the applicant, and shall indicate whether the application should be approved, disapproved or approved with modifications and shall specify what modifications, if any, are necessary.
Considerations. In acting on any site development plan application, the Planning Board shall take into consideration the recommendations of the City Development Plan, the proposed location, height and bulk of buildings, traffic circulation within and without the site, provision of off-street parking spaces, exterior lighting, buffer areas and other open spaces, drainage improvement in accordance with § 223-25G of this chapter and display of signs, so that any development will have a harmonious relationship with the existing or permitted development of contiguous land and of adjacent neighborhoods, and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street system.
Environmental quality review.
The Planning Board shall comply with SEQR prior to granting any approvals, on a generic or site-specific basis, as appropriate. Conceptual site plan reviews shall require SEQR analysis on a generic basis, which may be broader and more general than site-specific SEQR analysis, but may also include an assessment of project-specific impacts if such details are available. The generic analysis may identify the important elements of the natural resource base, and existing and projected features, patterns and character. It may discuss in general terms the constraints and consequences of any narrowing of future options. It may present and analyze, in general terms, hypothetical scenarios that could and are likely to occur.
The generic analysis should set forth specific conditions or criteria under which future actions will be undertaken, reviewed, and approved, including requirements for any subsequent SEQR compliance. These conditions may include thresholds and criteria for supplemental SEQR analysis regarding site-specific impacts of certain scenarios, or potential alternatives, which were not previously addressed in the generic SEQR analysis. Further, any site-specific environmental impacts not previously addressed in the conceptual review shall be addressed in the project-specific phase.
Drainage requirements.
The developer may be required by the reviewing authority to carry away by pipe or open ditch any spring or surface water that may exist either previous to or as a result of the project. Such drainage facilities shall be located in the street right-of-way, where feasible, or in perpetual unobstructed easements of appropriate width and shall be constructed in accordance with the City Construction Standards and Specifications.
If a project contains an existing drainage channel conveying surface water from an off-site upstream drainage area, the developer shall be required to provide for the conveyance of such surface water runoff through the project. Drainage pipes and/or other conveyance facilities shall be provided large enough, in each project and for each existing drainage channel, to convey potential runoff from the entire upstream drainage area through the project, based on a one-hundred-year storm. The intent of this provision is to maintain the existing watershed drainage pattern as closely as possible and to safely convey stormwater runoff from the upstream drainage area through the project. Further, the developer shall also be required to install drainage pipes and/or other conveyance facilities in the project to accommodate on-site-generated stormwater runoff which traverses the project for a twenty-five-year storm based on post-development conditions.
The reviewing authority may require the developer to prepare a study of the effects of the project on existing downstream drainage facilities based on the one-hundred-year storm. Where such study or the reviewing authority, after an independent analysis, determines that the additional runoff resulting from the development of the project will adversely impact existing downstream properties or drainage facilities, the reviewing authority may withhold approval until provision has been made for the correction of said potential condition. An acceptable corrective provision may be the addition of on-site retention and/or detention of the increased post-development stormwater runoff from the project so that there would be no net increase in the peak rate of stormwater runoff over the project's predevelopment rate.
The applicant shall be responsible for submitting computations to the City Engineer in sufficient detail to make possible the ready determination of the adequacy of the proposed drainage facilities, and the City Engineer shall be responsible for reviewing these and preparing recommendations for the reviewing authority.
Park reservations.
[Added 12-5-2011 by L.L. No. 14-2011[1]]
General standards. The Planning Board may require that a portion of land subject to site plan approval for a residential use be reserved for a park or parks suitably located for playground or other recreational purposes. Such locations shall be as designated on the City Development Plan or Official Map, or as otherwise deemed appropriate by the Planning Board. Each reservation shall be of suitable size, dimensions, topography and general character, and shall have adequate street or private road access, for the particular purpose or purposes envisioned by the Planning Board. The area shall be shown and marked on the site plan as "Reserved for Park Purposes."
Minimum size. The Planning Board may require the reservation of up to 10% of the area of the site plan for recreation purposes. In general, it is desirable that land reserved for park and playground purposes have an area of at least one acre.
Ownership of park areas. The ownership of reservations for park purposes shall be clearly indicated on the site plan and established in a manner satisfactory to the Planning Board so as to assure their proper future continuation and maintenance. When the Planning Board requires that an area for park, playground or recreational purposes be reserved on the site plan, such requirement shall not constitute an acceptance by the City of such area.
Cash payment in lieu of reservation. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located on any such site or are otherwise not practical, the Planning Board may require, as a condition to final approval of any such site plan, a payment in a sum to be determined by the approval authority in accordance with the fee schedule on file in the City Clerk's office. Said sum shall be deposited in a trust fund to be used by the City Council exclusively for neighborhood park, playground, or recreational purposes, including but not limited to the acquisition of land.
Referral. In the event the Planning Board intends to require a reservation of parkland, the Planning Board shall request a report and recommendation from the City Council as to the reservation of such land for park or recreation purposes.
Public hearing(s).
[Amended 5-2-2016 by L.L. No. 7-2016]
A public hearing shall be held by the Planning Board on each site development plan application. Notice of said hearing shall be provided by the applicant in accordance with § 223-61.3 of this chapter. With respect to the two-phase site plan approval process for nonresidential projects provided for in Subsection C above, a public hearing shall be held by the Planning Board during both the conceptual and project-specific phases, respectively.
Expiration of approval. At the time of approving the site development plan, the Planning Board may set forth the time period in which construction is to begin and be completed. The Planning Board may, in its discretion, extend any time period it has previously set where it finds that changing market conditions or other circumstances have acted to prevent the timely commencement or completion of work, and that the developer has proceeded with reasonable diligence in an effort to assure completion of the work within the permitted time period. The extension of these time periods shall not require the holding of a new public hearing.
[Added 9-15-2003 by L.L. No. 14-2003]
All structures and land uses hereafter erected, enlarged, created or extended shall be provided with the amount of off-street automobile parking space and loading and unloading space required by the terms of this section to meet the needs of persons making use of such structures or land. A permit for the erection, replacement, reconstruction, extension or substantial alteration of a structure or the development of a land use shall not be issued unless off-street automobile parking facilities and, where required loading and unloading spaces shall have been laid out in plan in accordance with the appropriate requirements for structures and uses as set forth in this section, and such required parking and loading facilities shall be completed before a certificate of occupancy shall be issued. As used herein, "parking facilities" shall be construed to include loading and unloading spaces required by this section.
In case of exceptional difficulty or unusual hardship to such properties arising out of the requirements of this section, the Board of Appeals may reduce the parking requirements but shall require such degree of compliance as it may deem reasonable for that part of the structure or use that is legally nonconforming and shall not waive any part of the requirement for that part of the structure or use that constitutes an enlargement or expansion and shall not permit reduction or elimination of whatever quantity of parking may already exist, unless it is in excess of requirements.
Required off-street parking facilities which, after development, are later dedicated to and accepted by the City shall be deemed to continue to serve the uses or structures for which they were originally provided.
Effect on existing uses.
Structures and land uses in existence on April 20, 1964, or structures and uses for which building permits had been approved on or before said date, shall not be subject to the requirements set forth in this section, unless there shall occur an increased intensity of use, provided that any parking facilities now existing to serve such structures or uses shall not in the future be reduced, except where they exceed such requirement, in which case they may not be reduced below such requirement.
Whenever a building or structure erected prior to or after April 20, 1964. or any land use shall undergo any increase in intensity of use in the number of dwelling units, floor area, seating capacity, number of employees or other unit of measurement specified hereinafter for required parking facilities, or from other causes, and further when said increase would result in a requirement for additional parking facilities through application of the Schedule of Off-Street Parking Requirements (Subsection F), additional parking facilities shall be provided accordingly, except that no building or structure erected prior to said date shall be required to provide parking facilities unless the aforesaid additional required facilities amount to a cumulative total increase of at least 25% over the existing use as of said date, in which case parking spaces shall be provided on the basis of the total units of measurements of the new use or of the alteration or expansion of the existing use.
Location, use, design, construction and maintenance.
[Amended 5-19-2014 by L.L. No. 6-2014; 5-15-2017 by L.L. No. 7-2017]
Location. The off-street parking facilities which are required by this section shall be provided on the same lot or premises with such structure or land use; except that off-street parking spaces required for structures or land uses on two or more adjoining lots may be provided in a single common facility on one or more of said lots, provided that a binding agreement, in a form approved by the Corporation Counsel, assuring the continued operation of said parking facility during the life of the structure or the land use the parking is designed to serve, is filed on the land records prior to approval of the plans for said parking facility. In any residence district, no off-street parking facility shall be developed in any required front yard or in any required side or rear yard adjacent to a street line or in any other side or rear yard within five feet of the lot line. However, off-street parking spaces shall be permitted in residential districts as indicated in § 223-17C.
Parking specifications.
Each parking space provided in an unenclosed area shall be at least nine feet wide and at least 18 feet long, except that the Planning Board, in approving a plan under § 223-25, may permit that portion of the total required parking which is specifically set aside for and limited to employee parking to have a width of at least 8 1/2 feet and a depth of at least 18 feet. This possible exception shall not be permitted in the CB District.
Each parking space which is bordered by walls or columns on two or more sides shall be not less than 10 feet wide nor less than 18 feet long. Enclosed or garaged parking areas shall not contain any columns, walls or other obstacles which would prevent or obstruct the use of any parking space.
The maneuvering area needed to permit parked vehicles to enter and exit off-street parking spaces shall have a width of at least 24 feet, except where the Planning Board approves a lesser distance as adequate for areas with parallel or angled parking spaces.
Landscaping. Except for parking spaces accessory to a one-family dwelling, all off-street parking areas shall be landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board based upon consideration of the adequacy of the proposed landscaping to assure the establishment of a safe, convenient and attractive parking facility with a minimum amount of maintenance, including plant care, snowplowing and the removal of leaves and other debris. At least one tree with a minimum caliper of three inches at a height of four feet above ground level shall be provided within such parking area for each 10 parking spaces.
Wherever possible, planting islands, at least eight feet in width, shall be provided to guide vehicle movement and to separate opposing rows of parking spaces so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. Such planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles and to provide relief from the visual monotony and shadeless expanse of a large parking area.
The Planning Board may require curbing to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials.
No obstruction to driver vision shall be erected or maintained on any lot within the triangle formed by the street line of such lot, the outer edge of the access driveway to the parking area and a line drawn between points along such street line and access drive 30 feet distant from their point of intersection.
Grades, drainage, paving and marking. All proposed and required parking facilities, regardless of size, shall be graded, surfaced, drained and maintained throughout the duration of their use so as to comply with the New York State Stormwater Management Design Manual, as amended from time to time, and/or Chapter 190, Stormwater Management and Erosion and Sediment Control, of this Code, or other acceptable stormwater management practice(s), as deemed suitable to the City Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The drainage analysis for said parking facilities shall include pre- and post-development conditions as well as remediation and/or mitigation of stormwater runoff. The maximum slope within a parking area shall not exceed 5%. In RD and RMF Districts and in nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.
Traffic circulation. In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Corporation Counsel, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and inter-use of parking facilities.
Two or more uses on same lot. Where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements of each individual use on the lot, except that the Planning Board may approve the joint use of parking space by two or more establishments on the same lot or on contiguous lots, the total capacity of which is less than the sum of the spaces required for each, provided that said Board finds that the capacity to be provided will substantially meet the intent of this article by reason of variation in the probable time of maximum use by patrons or employees at such establishments and provided that such approval of such joint use shall be automatically terminated upon a change of use at any such establishment.
Designed residence and multifamily residence districts.
In RD and RMF Districts, in order that some of the required parking spaces may be convenient for use by visitors as well as by occupants, 2/3 of the required car spaces for a residential building shall be directly accessible to a main entrance to that building and within 100 feet of that entrance.
In RD or RMF Districts, off-street parking lots shall be located behind, underneath, or to the side of the building. Any parking to the side of the building shall be screened from street views by a low wall, hedge, fence, and/or other landscaping and, whenever possible, it shall be located at least 40 feet from any property line that fronts on a street.
Alternatives to providing parking spaces.
[Amended 6-15-1992 by L.L. No. 5-1992]
Conveyance of land. Where, because of limitations of size, dimensions or topography of a lot, an applicant for a building permit in a business district finds it impractical to provide all or a portion of the off-street parking spaces required by Subsection F herein, in connection with a proposed building or addition, he may grant and convey to the City of Beacon, and the City Council, at its discretion, may accept, appropriately located and developed land for commercial parking as a permitted use equivalent, provided that said land is permanently dedicated to the City.[1]
Editor's Note: Former Subsection D(2), Fee in lieu of waived parking, as amended, which immediately followed, was repealed 4-7-2008 by L.L. No. 4-2008.
Waiver of improvement. Except within the Central Business District and the Central Main Street District, and notwithstanding any other provision of this chapter, the City Council or Planning Board, in reviewing plans submitted in accordance with the provisions of this section or § 223-18 or 223-25, may waive the initial improvement of up to 50% of the required off-street parking spaces, provided that all of the required spaces are shown on the proposed plan and further provided that suitable agreements, satisfactory to the City Council or Planning Board, are obtained assuring the City that the property owner(s) will be responsible for the construction of such waived spaces, or any portion thereof, within six months of the date such spaces may be deemed necessary by the City Council or Planning Board.
[Amended 7-6-2004 by L.L. No. 13-2004; 2-19-2013 by L.L. No. 3-2013]
Schedule of Off-Street Parking Requirements. Off-street parking spaces shall be provided as follows, except that the Board of Appeals may modify these provisions as a condition of the issuance of a special permit according to the provisions of § 223-19.
Minimum Off-Street Parking
1- and 2-family dwelling
2 spaces for each dwelling unit
Multifamily dwelling and/or apartment or artist live/work space
[Amended 8-6-2001 by L.L. No. 12-2001]
1 space for each dwelling unit, plus 1/4 space for each bedroom, plus 1/2 space for each live/work space containing retail area
Professional office or home occupation permitted in a residential district
2 spaces in addition to spaces required for the residential use, except that there shall be 4 spaces for each medical or dental practitioner in addition to spaces required for the residential use
Bed-and-breakfast establishment, rooming house or boardinghouse
[Amended 3-18-2002 by L.L. No. 9-2002]
1 space for each guest sleeping room, plus 2 spaces for the dwelling unit, plus 1 space for each nonresident employee
Subject to § 223-20L
Place of worship, theater, auditorium, athletic field or other place of assembly
1 space for each 4 seats or pew spaces or, in places or, in places without seats, 1 space for each 100 square feet of floor space used for public assembly
Nursery school or day-care center
[Added 3-18-2002 by L.L. No. 10-2002]
1 per employee plus 1 per classroom
Primary or secondary school
[Added 3-18-2002 by L.L. No. 10-2002]
1 per employee plus 1 per 5 students in the 11th grade or above, or 1 per 4 assembly seats, whichever is greater
Dance, art, tutorial, martial arts or similar instructional school
[Added 11-4-2002 by L.L. No. 29-2002]
1 space for each 150 square feet of gross floor space
Hospital, nursing home, convalescent home or home for the aged
1 space for each 3 resident persons, plus space for each employee, including medical, nursing and service staff employed at the same time when the building is operating at full capacity
Golf and country club
1 space for each 2 memberships
Bowling alley or other place of commercial recreation or public amusement
[Amended 7-6-2004 by L.L. No. 13-2004]
5 spaces for each bowling lane; all others, 1 space for each 4 persons of maximum occupancy or 1 space for each 200 square feet of gross floor area, whichever is greater
Retail or service business, including auction gallery
[Amended 2-18-1992; 6-21-1999 by L.L. No. 14-1999]
1 space for each 200 square feet of gross floor area, excluding utility areas
Restaurant or coffee house
[Amended 7-6-2004 by L.L. No. 13-2004; 5-2-2005 by L.L. No. 2-2005]
1 space for each 3 patron seats or 1 space for each 150 square feet of gross floor area, excluding kitchen and storage areas, whichever is greater
Office for business or pro-fessional use (other than accessory to residential use)
[Amended 6-21-1999 by L.L. No. 14-1999]
1 space for each 200 square feet of gross floor area, excluding utility areas
Banking office
[Amended 6-21-1999 by L.L. No. 14-1999]
1 space for each 200 square feet of gross floor area, excluding utility areas
Funeral parlor or under-taking establishment
10 spaces per establishment, plus 1 space per employee
Motor vehicle sales and service
1 space per employee, plus 1 space per 150 square feet of gross floor space
Veterinary office
1 space per employee, plus 1 space per 300 square feet of gross floor space
Car washing establishment
Subject to § 223-21F
Research or development laboratory
1 space per employee, but not less than 1 space per 600 square feet of gross floor space
Manufacturing or industrial use
1 space per 2 employees but not less than 1 space per 400 square feet of gross floor space
Wholesale, storage, utility or other similar commercial use
1 space per employee but not less than 1 space per 1,000 square feet of gross floor space
Senior citizen use
[Added 3-22-1982]
2 spaces for each 3 dwelling units
Museums in LI and/or LB Zone located within walking distance (3,000 feet) of entrance to train station
[Added 2-7-2000 by L.L. No. 5-2000; amended 5-2-2005 by L.L. No. 2-2005]
1 parking space per 3,000 feet of gross floor space
Artist studio
[Added 6-16-2003 by L.L. No. 6-2003]
1 space for each 500 square feet of gross floor space
Art gallery/exhibit space
[Added 5-2-2005 by L.L. No. 2-2005]
1 space for each 250 square feet of gross floor area
Bar or brew pub
[Added 5-2-2005 by L.L. No. 2-2005]
1 space for each 3 patron seats or 1 space for each 50 square feet of gross floor area, excluding kitchen and storage areas, whichever is greater
Microbrewery or microdistillery
[Added 5-2-2005 by L.L. No. 2-2005; amended 5-19-2014 by L.L. No. 8-2014]
1 space for each employee on the largest shift, plus 1 space for each 3 patron sitting or standing spaces in any tasting room or other visitor facility open to the general public
[Added 5-2-2005 by L.L. No. 2-2005]
1 space for each 300 square feet of gross floor area
Other uses not listed
Amended 5-2-2005 by L.L. No. 2-2005]
Off-street parking requirements for types of uses which do not fall within the categories listed above shall be determined by the Planning Board upon consideration of relevant factors entering into the parking needs of each such use
Notwithstanding § 223-26F above, with respect to lots which, on the effective date of this section, are located wholly or partially within 2,500 feet of the train station platform, the City Council shall have the authority to limit the amount of parking to be provided for multifamily and nonresidential development projects on said lots having a parking requirement in accordance with § 223-26F of 25 spaces or more, in the interest of appropriately and reasonably minimizing the environmental impact of the project's vehicular traffic accessing the train station. In such cases, the City Council shall ensure that convenient pedestrian access is provided by the project, or is otherwise available between the project and the train station. Where a substantial change in elevation exists between the project and the train station, the City Council may require the project to provide, if deemed feasible by the Council, an elevator, escalator, stairs and/or other similar pedestrian conveyance or access for such purpose.
[Added 6-7-2010 by L.L. No. 8-2010]
Operation and maintenance of off-street parking facilities. Required off-street parking facilities shall be maintained as long as the use of the structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the City as public parking areas.
Off-street loading requirements. Off-street loading and unloading facilities shall be located on the same site with the use to be served, except as provided in Subsection C(1), and shall be provided as follows:
Size. Each off-street loading space shall be at least 14 feet in width, at least 35 feet in length and at least 14 feet in height, exclusive of access and turning areas, except that adjacent loading spaces may be each 12 feet in width.
Required number of spaces.
For retail and/or service business establishments: a minimum of one space for the first 7,500 square feet or major portion thereof, plus one space for each additional 10,000 square feet of gross floor area or major portion thereof, except that no berths shall be required for buildings with a gross floor area of less than 5,000 square feet.
For office establishments: a minimum of one space for the first 20,000 square feet of gross floor area or major portion thereof, plus one space for each additional 40,000 square feet of gross floor area or major portion thereof, except that no berths are required for buildings of less than 10,000 square feet of gross floor area.
For research establishments: a minimum of one space for the first 12,000 square feet of gross floor area of building or major portion thereof, plus one space for each additional 20,000 square feet of gross floor area or major portion thereof.
For wholesale business, industry, storage, warehouses and other commercial establishments: a minimum of one space for each establishment, plus one space for each 10,000 square feet of gross floor area or major portion thereof.
Other uses which do not fall within the categories listed above shall be determined by the City Council and adopted as an amendment to this section.
Driveways. For reasons of traffic and pedestrian safety, both on and off street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of Chapter 100, Driveways, and shall be subject to the approval of the Highway Superintendent, except where such are part of a use subject to special permit or site development plan approval, in accordance with §§ 223-18 and 223-25, in which case they shall be subject to approval by the Planning Board and/or City Council.
[Amended 9-4-2018 by L.L. No. 16-2018]
[Added 5-16-2011 by L.L. No. 5-2011]
The following shall be prohibited from being kept or stored on any property for more than 14 consecutive days or more than 30 cumulative days over a one-year period if located in the front or side yard of a lot or on the open front porch: household furnishings, fixtures or equipment designed, manufactured or intended for indoor use, appliances, building materials, tools and equipment, auto body parts, new or used vehicle parts, lawn maintenance equipment, animal houses or shelters, compost piles, trampolines, swing sets and other similar play equipment, logs and long, thick sections of trimmed but unhewn timber, and packaged fuels such as pellets.
Utility trailers; all-terrain vehicles; snowmobiles; jet skis.
At all times, except as temporarily required for loading and unloading, the storage on residential property of registered utility trailers shall be limited to a total of two per dwelling unit. Unregistered utility trailers shall not be stored on residential property.
All-terrain vehicles, snowmobiles and jet skis shall be stored in an enclosed garage or the rear yard, unless such item is fully screened by landscaping or opaque fencing.
Cut and split firewood must be neatly stacked and shall be permitted in the rear yard only.
[Added 6-18-2012 by L.L. No. 12-2012]
Findings. The City of Beacon City Council hereby finds that the practice of tattoo artistry is a form of art likeable to other forms of artistic expression, such as painting and drawing, and accordingly, should be welcomed within the City. The Council further recognizes, however, that the establishments that provide tattooing services are sometimes the location of activities that may be regarded as inappropriate for individuals of sensitive ages or offensive to personal morals. For these reasons, the Council finds that modest regulation of tattoo parlors within the City is necessary to encourage the spread of contemporary forms of artistic expression and to ensure the health, safety and general well-being of the City and its inhabitants.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- Any person, corporation or business who applies for a local permit for operation of a tattoo parlor, as defined herein, within the City of Beacon.
- A mark on the body of a person made with indelible ink or pigments injected beneath the outer layer of the skin.
- Any person, licensed by the State of New York Department of Health or as otherwise provided in Subsection D, below, who applies a tattoo to the body of another person in exchange for value or compensation.
- Any building or premises in which a tattooist lawfully conducts their practice.
Permit required. No person, corporation or business shall operate a tattoo parlor within the City of Beacon without first obtaining a local permit.
Permit application.
Issuance of a local permit for operation of a tattoo parlor requires submission of an application to the Building Department and payment of the processing fee set forth in the City fee schedule.
The form and content of the permit applications shall be as determined from time to time by the Building Department and shall contain such information and materials as the Building Department deems necessary to determine the sufficiency of the application. Such application shall contain, at a minimum:
The name, social security or tax I.D. number and address of the applicant(s);
A copy of the applicant's New York State Department of Health license;
A copy of the state license(s) for all tattooists who will be employed by the proposed tattoo parlor, provided the applicant shall have a continuing obligation to provide the Building Department with up-to-date copies of such licenses;
A copy of all certificates confirming that the applicant, and all tattooists operating under the applicant's local permit, have successfully completed a course in blood-borne pathogen safety training pursuant to 29 CFR 1910.1030 of the Federal Occupational Safety and Health Administration (OSHA) Regulations or such other training program acceptable to the Building Department; and
The street address of the proposed tattoo parlor.
All permits issued pursuant to this section shall be for a period of two years and shall be renewable for subsequent two-year terms upon application, conformance with this section and payment of the permit fee. A local permit issued pursuant to this section shall become immediately null and void in the event the tattoo Artist ceases to maintain a valid license from the New York State Department of Health and there are no other duly licensed tattoo Artists operating from the premises.
Permits issued pursuant to this section may not be transferred or assigned.
Operation of tattoo parlors. All tattoo parlors operating within the City shall comply with all federal, state and local laws pertaining to the proper operation of such businesses, including but not limited to the New York State Public Health Law and the regulations of the New York State Department of Health, and shall be further subject to the following provisions.
No tattoo parlor shall tattoo a minor in contravention of Section 260.21(2) of the New York State Penal Law.
All tattoo parlors within the City of Beacon shall post a sign in a conspicuous location near all entrances and exists to the premises featuring the language: "IT IS ILLEGAL, PURSUANT TO NEW YORK PENAL LAW § 260.21(2), TO TATTOO ANY PERSON YOUNGER THAN 18 YEARS OF AGE, REGARDLESS OF PARENTAL CONSENT."
Tattoo parlors within the City of Beacon may be open to the public only between the hours of 7:00 a.m. and 11:00 p.m.
No tattooist shall apply a tattoo to any person who is visibly under the influence of alcohol or some other mind-altering substance.
Copies of the tattoo parlor's local permit and Department of Health permit shall be posted and displayed in a conspicuous location within the tattoo parlor.
Violations and penalties. In addition to the penalties and sentences imposed under the New York Penal Law, any tattooist or tattoo parlor found to be operating in contravention of this section, or any federal or state law, shall be guilty of a violation and subject to a fine of $500 for a first offense, $750 for a second offense, and $1,000 for all subsequent offenses and/or 10 days in jail. Any tattooist or tattoo parlor found guilty of a violation may further be subject to revocation or suspension of their local permit(s) following a hearing of the City Council.
Conformity with other provisions. Nothing in this section shall affect or prohibit the operation of an establishment providing body piercing and/or cosmetic body modification services within the City of Beacon.
[Added 7-21-2014 by L.L. No. 10-2014]
Temporary use, number of trucks and design of truck. Retail sales from a truck is a temporary use which may be permitted to exist for a maximum of only one two-consecutive-year period on a given lot. Depending upon the size and shape of the lot, as well as other site characteristics including the lot's capacity for off-site parking as determined by the Planning Board, the Board may allow up to two such trucks or trailers on a lot at any one time. The proposed truck shall be specifically designed for a retail use.
Location. Retail sales from a truck may be permitted on vacant private property, but shall not be located on property already occupied with another existing use.
Orientation, tables and seating, site furniture, site circulation and access.
The retail sales truck shall be oriented so as to ensure that the customer queue does not block any public sidewalk.
Based upon the size, shape and other characteristics of the lot, as well as the need for off-street parking and the desires of the applicant, the Planning Board shall determine the appropriate number and type of tables and seating which will be allowed on the lot in connection with a food truck. Except for approved fencing, no other site furniture (permanent or otherwise) shall be permitted in conjunction with the retail sales truck.
Retail sales trucks and all tables and seating shall be set back a minimum of 10 feet from public sidewalks and a minimum of 15 feet from fire hydrants. Retail sales operators shall maintain site circulation and access consistent with the Americans with Disabilities Act.
Display of permissions. Retail sales operators shall display a current business tax certificate on the exterior of the retail sales truck. Food truck operators shall also display a valid Dutchess County Department of Health permit on the exterior of said truck. If said permit expires, or is suspended or revoked, then all food sales shall cease until the permit is reinstated.
Suitable improvement, sanitation and exterior storage. The lot on which the retail sales truck(s) is located shall be suitably improved to the satisfaction of the Planning Board, and shall be maintained in a safe, clean and litter-free manner at all times. The retail sales operator shall not discharge grease, liquids or any other items or materials onto the sidewalk, street, tree pits, sanitary sewer system, stormwater inlets or said lot, and said operator shall comply with all applicable laws and regulations. Said operator shall provide a minimum of two thirty-two-gallon litter receptacles with securable lids within 15 feet of the retail sales truck. City trash receptacles shall not be used to dispose trash or waste. All refuse shall be removed from the site and properly disposed of on a daily basis. Except for approved tables and seating, the exterior storage of equipment or materials associated with the retail sales enterprise is prohibited. The applicant shall present a plan to the Planning Board for the storage of any approved tables and seating which shall include a method by which the tables and seating cannot be used when the food truck is not in operation.
Utilities, operating condition and temporary use. It is preferable that the retail sales truck be entirely self-sufficient with regard to gas, water and telecommunications. Should any utility hookups or connections to on-site utilities be required, the retail sales operator shall be required to apply for appropriate permits to ensure compliance with applicable building codes. Said truck shall be maintained in good repair at all times. The siting and operation of said truck shall be a temporary use, shall not become a fixture of the site and shall not be considered an improvement to real property.
Lighting. The retail sales operator shall provide adequate lighting to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties.
Noise. Noise levels measured at the property line shall not violate the City's noise control regulations. No audio amplification shall be allowed on the lot. During the operation of the retail sales truck, the use of an external generator(s) or said truck's motor vehicle engine shall be prohibited. There shall be no continuous idling of said truck's engine.
Alcohol. The serving or consumption of alcohol of any kind shall be prohibited at the retail sales truck site.
Hours of operation. The hours of operation of this use shall be from 6:00 a.m. until 10:00 p.m.
Signage. Notwithstanding § 223-15 of this chapter, the retail sales operator shall not display more than an aggregate of 20 square feet of sign area on the lot. Said signage shall be professionally prepared or its equivalent. Notwithstanding the use of the words "building" and "structure" in the definition of "sign area" in § 223-63 of this chapter, said definition shall apply to retail sales trucks.
Parking. A minimum of two off-street parking spaces shall be provided for this use. Said off-street parking shall be suitably improved and screened to the satisfaction of the Planning Board. Notwithstanding the above, the parking requirement may be modified or eliminated by said Board, in its discretion, based upon information submitted by the applicant or otherwise in the public record, demonstrating that there is sufficient public parking available within 800 feet of the site to meet the foreseeable parking needs of the proposed use and surrounding uses.
Aesthetics. There shall be no display of banners, streamers or any other elements designed or intended to attract attention to the retail sales truck site other than permitted signage. In reviewing the application for site development plan approval for this use, the Planning Board may attach conditions to its approval for the purpose of mitigating visual impact.
Removal of truck. If the retail sales truck is removed from the lot, all other evidence of the retail sales operation shall be removed as well.
Commencement and inspection. Retail sales from a truck shall not commence until the operator has obtained a certificate of compliance from the Building Department. Each retail sales truck and lot shall be inspected by said Department at the end of 12 months from the inception of the use in order to determine whether the use remains in compliance with this section. Upon a satisfactory inspection report, the vending truck owner shall be reissued a certificate of compliance. In the event that the inspection indicates that the use is no longer in compliance, the certificate of compliance shall be revoked until the violation(s) is cured.
[Added 8-7-2018 by L.L. No. 13-2018]
Purpose. The purpose of this section is to establish uniform policies and procedures for the deployment and installation of small cell wireless telecommunication facilities (small cell facility) in the City of Beacon, which will provide a public health, safety, and welfare benefit consistent with the preservation of the integrity, safe usage, and visual qualities in the City. Any installation of a small cell facility shall require either a special permit from the City Council or a small cell permit from the Planning Board.
Special use permit approval by the City Council is required under § 223-24.5 for the following uses. All special use permit applications must comply with the requirements set forth in § 223-24.5.
A substantial change to an existing tower or base station, unless the Building Inspector has determined it is a modification to be reviewed by the Planning Board pursuant to § 223-26.4C(2).
Any other application for placement, installation, collocation or construction of transmission equipment that does not constitute an eligible facilities request.
Installation of a new tower over 50 feet in height.
Placement of new antenna on an existing tower or base station that results in a substantial change to the tower or base station.
Installation of equipment located on sidewalk.
Installation of equipment on a pole, located at an elevation less than 15 feet from the ground.
Installation of a small cell facility on a pole located within 20 feet of a dwelling unit.
Small cell permit from the Planning Board.
No person shall install a small cell facility without first filing a small cell facility application and obtaining a small cell permit from the Planning Board.
The Planning Board shall approve a small cell permit application concerning any eligible facilities request for modification of an eligible support structure that does not substantially change the physical dimensions of such structure. An applicant shall assert in writing that its request is considered an eligible facilities request. The Planning Board may require the applicant to provide documentation or information only to the extent reasonably related to determine whether the request meets the requirements of an eligible facilities request.
The Planning Board may issue a permit for the following:
Collocation of a small cell facility or DAS facility on an existing tower, utility pole or streetlight not exceeding 50 feet in height on public or private property. Collocation of a small cell facility or DAS facility on an existing tower, utility pole or streetlight exceeding 50 feet in height shall require special permit approval.
Collocation on existing buildings within the City of Beacon.
Installation of a monopole or utility pole for small cell or DAS facility in the public right-of-way that does not exceed 50 feet in height.
Small cell permit application for Planning Board approval. The small cell permit application shall be made by the wireless telecommunications provider or its duly authorized representative and shall contain the following:
The applicant's name, address, telephone number, and email address;
The names, addresses, telephone numbers, and email addresses of all consultants, if any acting on behalf of the applicant with respect to the filing of the application.
A general description of the proposed work and the purpose of the work proposed.
Identify and disclose the number and locations of any small cells that the applicant has installed or locations the applicant has considered in the past year for small cell infrastructure within the City and those submitted or anticipated to be submitted within a one-year period.
A description of the anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the potential traffic safety and noise impact of such maintenance.
Any amendment to information contained in a small cell permit application shall be submitted in writing to the City within 30 days after the change necessitating the amendment.
A wireless telecommunications provider shall pay to the City an application fee and administrative fee as set forth in this section.
A wireless telecommunications provider is authorized, after 30 days' written notice to the City Building Inspector, to remove its facility at any time from the rights-of-way and cease paying the City the administrative fee.
Location of small cell facility approved by the Planning Board.
The following locational priorities shall apply in the order specified, consistent with the City's obligation to create the least amount of adverse aesthetic impact and to preserve the scenic values of the City:
On the roof of any City-owned or federal, state or local government owned buildings or structures.
Location on privately owned buildings.
Location on existing City-owned utility poles.
Location on City-owned infrastructure on private poles.
Location on City-owned property, where there is no existing pole.
Location on privately owned utility poles.
If the proposed site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of higher priority was not selected. The person seeking such an exemption must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit was not granted for the proposed use.
Small cell facility permit fees.
In order to ensure that the limited private use of the public right-of-way authorized herein does not become an additional cost to the City, it is hereby determined by the City Council that the following fees shall be charged to small cell permit applicants and small cell permit holders.
Small cell permit application fee shall be $250 (nonrefundable) due to the City Building Department upon submittal of a completed application for review.
Annual small cell permit fees:
For placement on existing private utility poles: $500 per year per pole.
For placement on existing City-owned buildings, utility poles, infrastructure or property: $750 per year.
For placement of new poles in the right-of-way: $1,000 per year per pole.
Fee start date: The annual permit fee shall be payable January 2 of the year following installation. Failure to pay the annual permit fee shall result in the imposition of a 5% penalty fee, additional collection fees if necessary, and suspension or revocation of the permit.
Planning Board requirements as to aesthetics and neighborhood impact mitigation for small cell permits.
In order to preserve the character and integrity of City neighborhoods the City Council finds that the following requirements are essential to protect the public health, safety and welfare, and scenic preservation.
New small cell facilities shall not be located in the Historic District and Landmark Overlay Zone, unless the applicant demonstrates to the Planning Board's satisfaction that the selected site is necessary to provide adequate service.
New small cell facilities shall include stealth technology designs, unless the Planning Board makes a written determination that such designs are not feasible.
The Planning Board may consider alternative locations for equipment, whether pole mounted or ground mounted.
All small cells placed on any roof shall be set back at least 15 feet from the edge of the roof along any street frontage, unless the Planning Board makes a written determination waiving the setback requirement.
The Planning Board shall consider all impacts to site lines and aesthetic views.
Except within the public right-of-way, all proposed poles, pole equipment and enclosures shall comply with the designated setback requirements.
Up to three small cells will be allowed per utility pole if technically feasible and if in the determination of the Planning Board there are no safety or aesthetic concerns. Small cells must be designed and placed in an aesthetically pleasing manner to the reasonable satisfaction of the approving agency.
No small cell placement shall be allowed on ornamental streetlighting poles as determined by the Building Inspector.
No small cell facilities shall obstruct pedestrian or vehicular traffic in any way.
In no event shall any utility pole or wireless telecommunication support structure as of January 1, 2018, installed in the public right-of-way, exceed 50 feet in height, unless special permit approval is obtained from the City Council pursuant to § 223-24.5. A shorter pole may be required if the initial proposal is deemed out of character with the neighborhood as determined by the Planning Board.
Each new small cell facility, including antennas or other associated equipment, installed in the public right-of-way shall not exceed more than 10 feet above the existing utility pole or wireless telecommunications support structure on which it is being located, unless special permit approval is obtained from the City Council pursuant to § 223-24.5.
The Secretary of the Planning Board shall forward a copy of the Planning Board decision to the City Tax Assessor to allow the City to better assess the utility infrastructure for wireless telephone facilities.
Duration. Construction pursuant to a small cell permit issued by the Planning Board under this section must be commenced within 12 months of issuance of the small cell permit and diligently pursued thereafter, or such small cell permit shall expire.
Routine maintenance and replacement. An application shall not be required for: i) routine maintenance; and ii) the replacement or upgrade of a small cell facility with another small cell facility that is same as or smaller in size and height at the same location.
Information updates. Any amendment to information contained in a small cell building/work permit application shall be submitted in writing to the City within 30 days after the change necessitating the amendment. On an annual basis, the wireless telecommunication provider shall provide a list of existing small cell locations within the City.
Removal, relocation or modification of small cell facility in the public right-of-way.
Notice. Within 90 days following written notice from the City, the wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small facilities within the public right-of-way whenever the City has determined that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance, or installation of any City improvement in or upon, or the operations of the City in or upon, the public right-of-way.
Abandonment of facilities. Upon abandonment of a small facility within the public rights-of-way of the City, the wireless provider shall notify the City within 90 days. Following receipt of such notice the City may direct the wireless provider to remove all or any portion of the small cell facility if the City, or any of its departments, determines that such removal will be in the best interest of the public health, safety and welfare.