Town of Kinderhook, NY - Chapter 81

Chapter 81 - Zoning

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Chapter 81

ZONING

GENERAL REFERENCES

Planning Board -- See Ch. 13.

Environmental quality review -- See Ch. 45.

Freshwater wetlands -- See Ch. 49.

Subdivision of land -- See Ch. 63.

INTENT

The Town of Kinderhook adopted a Comprehensive Plan on August 31. 2000. This Comprehensive Plan proposed changes in the land use regulations of the Town to accomplish the goals of the Comprehensive Plan. To implement these changes and to otherwise make the Town’s land use regulations consistent with the goals of the Comprehensive Plan the Town is hereby amending its Zoning Law (Chapter 81 of the Code of the Town of Kinderhook), [the Code]). For ease in drafting, printing and collating the Zoning Law, as hereby amended the Town will restate the Zoning Law by amending the Code to delete Chapter 81 and to substitute therefore this restated and amended Chapter 81.

EFFECTIVE DATE

This Local Law shall become effective upon its filing in the Office of the Secretary of State (“Effective Date”) and shall apply to all property within the Town, exclusive of the Villages of Valatie and Kinderhook, on its Effective Date. A use of land which lawfully existed prior to the Effective Date and which is maintained after the Effective Date although it does not comply with the use restrictions applicable to the area in which it is located after the Effective Date is a “Nonconforming Use” and shall be governed as provided in Section 81-37 hereof. The height, bulk, building locations, coverage of structures and the size of buildings which was permitted before the Effective Date but prohibited thereafter is a “Nonconforming Bulk” and shall be governed as provided in Section 81-41 hereof.

Applications pending before the Planning Board for site plan approval before the Effective Date shall continue to be processed in accordance with the provisions of Section 81-38 as they existed before the Effective Date. If the uses for which such site plan approval is sought were permitted before the Effective Date but prohibited after it they will be permitted Nonconforming Uses or Nonconforming Bulk after the Effective Date subject to the provisions of Sections 81-37 and 81-41, provided that

(1) Site Plan approval is granted.

(2) Construction of improvements for which site plan approval was sought is commenced within 18 months of site plan approval.

(3) Change of use for which site plan approval was sought is completed within 18 months of approval.

Applications for approval of a “Customary Home Occupation” pending before the Zoning Board of Appeals before the Effective Date shall continue to be processed as provided in Section 81-17 before the Effective Date. If the Zoning Board of Appeals in such cases approves a use which would not be permitted after the Effective Date such use shall be a “Nonconforming Use” subject to the provisions of Section 81-37.

Applications for approval of a Special Use Permit pending before the Planning Board before the Effective Date shall continue to be processed as provided in Section 81-27 before the Effective Date.

SUPERSESSION

As provided in Section 10 of the New York State Municipal Home Rule Law the following sections of the New York State Town Law are hereby superceded by this Local Law:

Section 261

Section 267

Section 267-a

Section 267-b

Section 274-a

Section 274-b

~ 81-1.1 Amendment

Chapter 81 of the Code is hereby deleted and the following is substituted therefor:

ARTICLE I

Purpose and Definitions

~ 81-1. Purpose.

This chapter is enacted pursuant to the Municipal Home Rule Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, to protect and promote public health, safety, morals, comfort, convenience, economy, town aesthetics and the general welfare, and for the following additional purposes:

A. To promote and effectuate the orderly physical development of the Town of Kinderhook.

B. To encourage the most appropriate use of land in the community in order to conserve and enhance the value of property.

C. To provide adequate and suitably located commercial facilities.

D. To protect rural character.

E. To regulate building densities in order to assure access of light and circulation of air, in order to facilitate the prevention and fighting of fires, in order to prevent undue concentration of population, in order to lessen congestion on streets and highways and in order to provide efficient municipal utility services.

F. To improve transportation facilities and traffic circulation and to provide adequate off-street parking and loading facilities.

G. To realize a development plan properly designed to conserve the use of land and the cost of municipal services.

H. To assure privacy for residences and freedom from nuisances and things harmful to the senses, including air pollution.

I. To protect the community against unsightly, obtrusive and noisome land uses and operations.

J. To enhance the aesthetic aspects throughout the entire community and maintain its present natural beauty.

K. To accommodate development appropriate to the economic well being of the Town.

L. To create a land use pattern that strengthens the traditional patterns and that strengthen the communities of Valatie and Village of Kinderhook.

M. To conserve soils of statewide and local significance and current agricultural lands.

N. To protect open space, scenic vistas. Agriculture and historical locations.

O. To continue light industrial accessibility and use of properties adjacent to rail lines.

~ 81-2. Definitions (amended 9-20-2002 by L.L. 1-2002; 5-3-2004 by L.L. 6 2004)

A. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.

B. The word "shall" is always mandatory. The word "may" is permissive. "Building" or "structure" includes any part thereof. The word "lot" includes the word "plot" or "parcel." The word "person" includes an individual person, a firm, a corporation, a copartnership and any other agency of voluntary action.

C. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

D. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY APARTMENT DWELLING UNIT -- An accessory dwelling unit containing a bathroom with toilet facilities, a kitchen and not less than 400 square feet of livable floor area located within an existing (as of September 1, 1990) owner-occupied, one-family dwelling.

ACCESSORY BUILDING -- A building detached from and subordinate to a main building on the same lot and used for purposes customarily incidental to those of the main building.

ACCESSORY RETAIL – Retail stores which sell merchandise which is incidental and accessory to the principal use of the main building on the same lot from which the retail selling will occur.

ACCESSORY USE -- A use customarily incidental and subordinate to the principal use or building and located on the same lot as such principal use or building.

ADULT ENTERTAINMENT-- An establishment consisting of, including or having the characteristics of any or all of the following:

(1) ADULT BOOKSTORE -- An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

(2) ADULT CABARET:

(a) An establishment devoted to adult entertainment either with or without a liquor license, presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas;

(b) A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.

(3) ADULT MINI-MOTION-PICTURE THEATER -- An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

(4) ADULT MOTION-PICTURE THEATER -- An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

AGRICULTURAL ACTIVITIES, AGRICULTURE - The use of land for agricultural purposes, including farming, keeping of animals, dairying, pasturage, horticulture, floriculture, viticulture, silvaculture, apiaries, and animal and poultry husbandry, and the necessary accessory uses permitted by ~81-17J.

AGRICULTURAL PRODUCTS - The thing or things produced as a result of Agricultural Activities.

ALTERATION -- As applied to a building or structure, a change or rearrangement in the structural parts or existing facilities of such building or structure, or any enlargement thereof, whether by extension on any side or by any increase in height, or the moving of such building or structure from one location to another.

AREA, BUILDING -- The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of terraces and uncovered steps.

ATTIC -- That space of a building which is immediately below and wholly or partly within the roof framing. An "attic" with a finished floor shall be counted as story in determining the permissible number of stories.

AUTO OR FARM EQUIPMENT SALES LOTS -- Any open area used for the display, sale or rental of new or used motor vehicles or farm equipment.

AUTO REPAIR SERVICES – Establishments primarily engaged in furnishing all types of automotive repair. It does not include those facilities that only dispense gas and oil directly into the vehicles.

BASEMENT -- A story partly below finished grade but having at least of its height, measured from floor to ceiling, but not less than four feet, above average finished grade. A "basement" shall be counted as one story in determining the height of a building in stories.

BED-AND-BREAKFAST -- A residential lodging facility in an owner-occupied dwelling offering from one to four sleeping rooms for rent with one communal dining facility serving breakfast only.

BOARDINGHOUSE -- A building, other than a hotel, containing a general kitchen and a general dining room, in which at least three but not more than six sleeping rooms are offered for rent, with or without meals. A lodging house, tourist house or rooming house shall be deemed a "boardinghouse."

BUFFER - Landscaped areas, fences, walls, berms, or natural vegetation, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances.

BUILDING -- Any structure which has one or more floors or stories and is intended for the shelter, housing or enclosure of persons, animals or chattels. (amended 05-03-2004 by L.L. 6-2004)

BUILDING ENVELOPE – That portion of a lot located within the minimum prescribed front, rear and side yard setback distances within which a structure and its accessory uses, driveways, parking lots, or other disturbed areas are permitted to be built on.

BUILDING GROUP -- A group of two or more principal buildings and any buildings accessory thereto, occupying a lot in ownership and having any yard in common.

BUILDING LINE -- The line, established by statute, local law or ordinance, beyond which a building shall not extend, as specifically provided by law.

BUILDING, MAIN -- A building that houses the lot’s principal use of the lot on which it is located.

BUILDING, SEMIDETACHED -- A building attached by a party wall to another building normally of the same type on another lot, but having one side yard.

BULK -- A term used to describe the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building, and all open spaces required in connection with a building, other structure or tract of land.

BUNGALOW COLONY -- A group of two or more dwelling structures on a single premises, designed for seasonal occupancy and not more than one of which is used for the purpose of all-year-round residence, which premises does not include a public lobby or dining room serving guests. The term "bungalow colony" includes cottage or cabin colonies or development, but does not include trailer park, trailer camp, boardinghouse, hotel or motel.

CAMP -- Any parcel of land on which are located two or more tents, shelters or other accommodations of a design or character suitable for seasonal or other temporary living purposes, including resort and day camp, but not including a trailer park, boardinghouse, hotel or motel, bungalow colony.

CELLAR -- Any space in a building the structural ceiling level of which is less than four feet above average finished grade where such grade meets the exterior walls of the building. A "cellar" shall not be counted in determining the permissible number of stories.

COMMERCIAL STABLES -- A horse farm utilized for the commercial breeding, boarding or riding of horses for the general public.

COMMERCIAL VEHICLE -- A vehicle of more than one ton capacity used for the transportation of persons or goods primarily for gain, or a vehicle of any capacity carrying a permanently affixed sign exceeding one square foot in area or lettering of a commercial nature.

COMMUNITY BENEFIT OR AMENITIES - Open space or housing for senior families ( as defined herein), parks, elder care, day care or other specific physical, social or cultural amenities of benefit to the residents of the community as authorized by the Town Board (as defined herein) as conditions for the granting of Incentive Zoning.

COMMUNITY POLE -- A sign owned and maintained by the Town Board or by a group of businessmen as approved by the Town Board and which sign contains several directional signs for the purpose of directing persons to business and community establishments within the community.

CONTRACTOR'S YARD -- Any space, whether inside or outside a building, used for the storage or keeping of construction equipment, machinery, vehicles or parts thereof which are in active use by a construction contractor.

CONVENIENCE STORE – Any retail establishment containing not more than 2,500 square feet of space and not more than 4 tables for on-site consumption of food and beverages, offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods. Some convenience stores may also have land area or a portion thereof, used for the retail dispensing or sales of vehicular fuels. (amended 05-03-2004 by L.L. 6-2004)

COVERAGE -- That parcel area or percentage of parcel area covered by buildings or structures, parking areas, sidewalks, and accessory buildings or structure (amended 05-03-2004 by L.L.6-2004)

CUSTOMARY HOME OCCUPATION -- A business, profession, occupation or trade conducted by the occupant of a dwelling unit or accessory structure and which is incidental and secondary to the use of the dwelling unit and does not change the residential character thereof. Such use shall be fully consistent with the use limitations established by ~81-17.

DAY CARE CENTER – An establishment providing for the care, supervision, and protection of children and licensed pursuant to section 390 of the Social Services Law.

DENSITY BONUS – An incentive given to land developers in exchange for the provision of senior citizen housing and preservation of agricultural lands by those developers. A density bonus permits more intensive development of the land in exchange for providing senior family housing. ~81-10 provides the terms and conditions under which this density bonus is granted..

DEVELOPMENT -- The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any non-agricultural use or extension of the use of land.

DISTRICT, MORE RESTRICTED OR LESS RESTRICTED -- In the following list, each district shall be deemed to be more restricted than the districts which follow it: FP, H, AR, R-2, R-3, MP, B-1, B-1A, I-l

DORMITORY -- A building, other than a hotel or motel, containing dwelling units or rooms for the housing of nontransient persons attending or employed by a community college, other college or university. Such building may not contain kitchen and dining room facilities.

DRIVE-IN MOVIE -- An open lot or part thereof, with appurtenant facilities, devoted primarily to the showing of moving pictures on a paid admission basis to patrons seated in automobiles or on outdoor seats.

DRIVE THROUGH -- Any establishment that by design, physical facilities, or service encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

DUMP -- A lot or land used primarily for the disposal, by abandonment, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

DWELLING -- A building designed or used principally as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "two-family dwelling," "multifamily dwelling," "multiple dwelling" and "dwelling group shall not be deemed to include motel, hotel, rooming house or other accommodations used for more or less transient occupancy. (See "residence")

DWELLING GROUP -- A group of two or more dwellings occupying a lot in one ownership.

DWELLING, MULTIFAMILY -- A dwelling containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other.

DWELLING, ONE-FAMILY -- A building containing one dwelling unit only.

DWELLING, TWO-FAMILY -- A building containing two dwelling units.

DWELLING UNIT -- A building or portion thereof providing complete housekeeping facilities for one family.

FAMILY -- Consists of one person, or two or more persons related by blood, marriage or adoption, or not more than five persons not necessarily related by blood, marriage or adoption, and, in addition, any domestic servants, who live together in a single dwelling unit and maintain a common household. The term “family” does not include “Senior Family” which is hereinafter defined.

FARM-RELATED BUSINESS – A business operated on a farm parcel, related to or supporting agricultural activities, including, but not limited to U-Pick operations.

FARMING OPERATIONS or FARM -- A parcel of land used for agricultural activities including horticulture, animal husbandry, forestry, and production nurseries and greenhouses for profit

FARM MARKET -- A permanent structure that is owned and/or operated by a farmer which primarily sells agricultural products and related goods to the general public.

FARM PARCEL – See Farming Operations or Farm.

FARM STAND -- A nonpermanent structure, in excess of 30 square feet in size, such as a table, vehicle, wagon or tent, used for the sale of agricultural products grown, raised or produced on the same premises.

FINISHED GRADE -- The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the finished grade, in computing height of building and other structures or for other purposes, shall be the average elevation of all finished grade elevations around the periphery of the building.

FLOOR AREA -- The aggregate sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior walls or from the center lines of walls separating two buildings.

(1) In particular, the floor area of a building or buildings shall include:

(a) Basement space.

(b) Elevator shafts and stairwells at each floor.

(d) Penthouse.

(e) Attic space, whether or not a floor has actually been laid, providing structural headroom of seven feet six inches or more.

(f) Interior balconies and mezzanines.

(g) Enclosed porches.

(h) Accessory uses, not including space for accessory off-street parking.

(2) However, the floor area of a building shall not include:

(a) Cellar space, except that cellar space used for retailing shall be included for the purposes of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.

(b) Elevator and stair bulkheads, accessory water tanks and cooling towers.

(d) Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.

(e) Uncovered steps, exterior fire escapes.

(f) Terraces, breeze ways, open porches, outside balconies and open spaces.

(g) Accessory off-street parking spaces.

(h) Accessory off-street loading berths.

GASOLINE FILLING STATION -- Any building, land area, or other premises, or portion thereof, for the sale and direct delivery to the motor vehicle of gasoline or any other motor vehicle fuel; and may include as an accessory use the sale and/or installation of lubricants, tires, batteries, and similar vehicle accessories. Gasoline filling stations which sell motor vehicle fuels may also house a convenience store. (A gas station is not a convenience store, but a convenience store may be located on the same parcel as a gas station.)

HEALTH CLUB -- An establishment that offers, on a membership basis, facilities, equipment and programs for exercise, weight loss and body development.

HEAVY EQUIPMENT REPAIR – Establishments primarily engaged in furnishing repair to large equipment including, but not limited to bulldozers, backhoes, and dump trucks.

HEIGHT OF BUILDING -- The vertical distance measured from the average finished grade along the wall of the building (or adjacent to the side of the structure) to the highest point of such building or structure.

HIGH-TENSION LINE -- Any electric line operating a voltage in excess of 69 kilovolts.

HOSPITAL -- A building containing beds for four or more patients and used for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.

HOTEL -- A building or any part thereof which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances and which may contain one or more dining rooms.

INDOOR RECREATION -- Any completely enclosed recreational use such as bowling, pool, video game room, batting cages, etc.

INCENTIVE ZONING – The system by which specific incentives or bonuses are granted on the condition that specific physical, social or cultural benefits or amenities would inure to the community.

JUNK – Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, scrapped, ruined, dismantled, or wrecked motor vehicles or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

JUNKYARD – An establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk.

JUNK CAR – See definition provided for Abandoned, Junked or Inoperative Motor Vehicle, Chapter 75-2 of the Town of Kinderhook Code.

KENNEL -- Any place at which there are kept any number of dogs for the primary purpose of sale or for the boarding, care or breeding for which a fee is charged or paid.

LANDSCAPING, MAJOR –The business of removal or planting of trees, shrubs, flowers or grass, on-going maintenance of yards and other landscaped areas with mowers and other equipment. Major landscaping facilities use large equipment on the premises such as tractors, backhoes, and bulldozers. They may or may not grow plants on the premises.

LANDSCAPING, MINOR - The business of mowing, yard and landscape clean up and tree trimming, and weeding. A minor facility does not use heavy motorized equipment and do not grow plants used in landscaping on the premises.

LOT -- A defined portion or parcel of land considered as a unit, devoted to a specific use or occupied by a building or a group of buildings that are united by a common interest, use or ownership, and the customary accessories and open spaces belonging to the same.

LOT CORNER -- A lot situated at the junction of and adjacent to two or more intersecting streets when the interior angle of intersection does not exceed 135°.

LOT COVERAGE -- See "coverage."

LOT, DEPTH OF -- The mean distance from the front property line to the rear property line.

(amended 05-03-2004 by L.L.6-2004)

LOT FRONTAGE -- A lot line which is coincident with a street line.

LOT LINES -- The lines bounding a lot as defined herein.

LOT, THROUGH -- A lot which faces on two streets at opposite ends of the lot and which is not a corner lot.

LOT WIDTH -- The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines, or the width of a lot measured along the rear line of the required front yard.

MOBILE HOME -- A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. (HUD definition)

MOBILE HOME LOT -- A designated site of specific total land area which is located within a mobile home park for the accommodation of one mobile home and its occupants.

MOBILE HOME PARK -- Any parcel of land designated by the Town Zoning Map for the placement of mobile homes.

MOTEL -- A building or group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and a parking space and is offered for rental and use primarily by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an auto court, motor hotel, motor court, motor inn, motor lodge, tourist court, tourist cabins, roadside hotel.

MULTI-FAMILY DWELLING - A building containing three or more dwelling units, including units that are located one over the other.

NONCONFORMING BULK -- The height, bulk, building locations, coverage of structures and the size of buildings which was permitted before the Effective Date and which is maintained after the Effective Date although it does not comply with the Bulk Restrictions applicable to the area in which it is located after the Effective Date and shall be governed as provided in Section 81-??? hereof.

NONCONFORMING USE -- Any use of a building, other structure or tract of land which does not conform to the use regulations for the district in which such use is located, either at the effective date of this chapter or as a result of subsequent amendment thereto.

NURSERY SCHOOL -- Any place, however designated, operated for the purpose of providing daytime care or instruction for two or more children from two to six years of age inclusive, and operated on a regular basis, including kindergartens, day nurseries and day-care centers.

NURSING OR CONVALESCENT HOME -- A building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.

OVERLAY DISTRICT - A zoning district delineated on an overlay map which is superimposed on one or more established zoning districts for the purpose of imposing within these districts, permitted uses otherwise disallowed or that imposes additional density or bulk requirements above that required by the underlying zone or zones.

PARCEL – A delineated area or plot of land which may be occupied or designed to be occupied by a principal building and its accessory structure or structures, including the yards required by this law, shown as a distinct entity on the Tax Assessor’s maps of the Town.

PREMISES -- A lot, together with all the buildings and uses thereon.

PRIVATE CLUB -- A facility operated, whether or not primarily for profit, by a corporation, association or group of people for social, educational or recreational intent of the dues-paying members and their guests.

PUBLIC NUISANCE -- Conduct or omission which offends, interferes with, or causes damage to the public in the exercise of rights common to all in a manner such as to offend public morals, interferes with use by the public of a public place, or endangers or injures the property, health, safety or comfort of a number of persons.

RESIDENCES, RESIDENTIAL -- A building or any part of a building that contains living and sleeping accommodations for permanent occupancy. "Residences," therefore, includes all one-family, multifamily, boarding, fraternity and sorority houses. However, "residences" shall not include the following:

(1) Transient accommodations, such as hotels, motels and hospitals.

(2) That part of a building containing both residences and other uses which is used for any nonresidential uses, except accessory uses for residences.

RIDING ACADEMY -- Any establishment where horses are kept for riding, driving or stabling for compensation.

RIGHT-OF-WAY –A party’s right, established by usage, contract, or legislation to pass through or over real property owned by another.. Definition includes public roads and highways.

(amended 05-03-2004 by L.L.6-2004)

SENIOR CITIZEN – Persons that meet one of the following criteria are eligible for senior housing: a) A Single person 62 years of age or older; b) two or three persons, all of who are sixty-two years of age or older; c) a married couple in which one spouse is 62 years of age or alder; d) one child residing with a parent who is 62 years of age or older provided that the child is over the age of 18; e) the surviving spouse of a person 62 years of age or older, provided that the surviving spouse was duly registered as a resident of the development at the time of the elderly person’s death, and f) if there is no child in residence, on adult 18 years of age or older residing with a person 62 years of age or older, provided that the adult is essential to the long-term care of the elderly person as certified by a physician duly licensed in New York Sate.

SENIOR HOUSING – Dwellings specifically designed to house senior family (ies). Some senior housing may have communal dining facilities and services such as housekeeping, organized social and recreational activities, transportation services, and other support services appropriate for the residents. Senior housing units are not assisted living facilities, or a continuing care retirement community.

SETBACK -- The distance between the building and the front property line or the distance between the building and the road right-of-way, whichever is further from the center line of the road.

Editor's Note: The definitions of the following terms, which immediately followed this definition, were repealed 12-11-1995 by L.L. No. 5-1995 and again 2-10-1997 by L.L. No. 4-1997: "sign"; "sign, advertising"; "sign area"; "sign, business"; "sign, directly illuminated"; "sign, flashing"; "sign, illuminated"; "sign, indirectly illuminated"; and "sign, representation." For current definitions relating to signs, see ~ 81-21.

SINGLE OWNERSHIP -- Possession of land under single or unified control, whether by sole, joint, common or other ownership or by a lease having a term of not less than 30 years, regardless of any division of such land into parcels for the purpose of financing.

SPECIAL USE PERMIT – An authorization of a particular land use which is permitted in this zoning law, subject to requirements imposed by such zoning law to assure that the proposed use is in harmony with such zoning law and will not adversely affect the neighborhood if such requirements are met.

STORY -- That part of a building comprised between a floor and the floor or roof next above it. (See "attic," "basement" and "cellar")

STORY, HALF -- That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to the floor-to-ceiling height of the story below.

STREET -- An existing public way or private way which affords principal means of access to abutting properties and is suitably improved; or a proposed way shown on a plat approved by the Town Planning Board and/or recorded in the office of the County Clerk.

STREET WIDTH -- The width of the right-of-way or the distance between property lines on opposite sides of a street.

STRUCTURE -- A static construction of building materials, including buildings, stadiums, sheds, display stands, storage bins, signs, reviewing stands, gasoline pumps, mobile dwellings (whether mobile or stationary at the time) and the like.

TOWNHOUSE -- A building consisting of a series of one-family attached dwelling units having common party walls between each dwelling unit.

TRAILER CAMP -- Any parcel of land designated by the Town Zoning Map for the placement of travel trailers.

TRAILER, HOUSE -- See mobile home.

TRAILER, TRAVEL -- Any portable vehicle or structure which is designated to be transported on its own wheels or mounted on another vehicle and intended to be used for temporary living quarters or for travel, business, recreation or vacation purposes. In this definition, the word "temporary" means not more than 90 days over a twelve-month period. This definition includes but is not limited to motor homes, truck campers, folding tent trailers and vehicles converted to temporary sleeping quarters.

USE -- This term is employed in referring to:

(1) The purpose for which any building, other structure or land may be arranged, designed, intended, maintained or occupied.

(2) Any occupation, business activity or operation conducted (or intended to be conducted) in a building or other structure or on land.

VACANT STRUCTURE -- Any building, structure or portion thereof designed or used for residential or commercial purposes which has been vacant and abandoned for a period of 60 days or longer. Specifically excluded are all agricultural structures, such as barns, and storage sheds.

VIDEO RENTAL -- An establishment where video cassette and video player/recorders are offered for rent to the general public as a principal use.

WAY -- A thoroughfare, however designated, permanently established for passage of persons or vehicles.

YARD, FRONT -- Land extending across the full width of the lot and lying between the front lot line of the lot and the nearest point of the building.

YARD, REAR -- Land extending across the full width of the lot and lying between the rear lot line of the lot and the nearest point of the building.

YARD, REQUIRED -- Open area of a lot extending open and unobstructed from the ground upward, along a lot line for a depth or width as specified by the bulk regulations of the district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for buildings on another lot.

YARD, SIDE -- A yard situated between the building and the side line of a lot and extending from the front yard rear line (or from the front lot line if there is no required front yard) to the rear yard front line (or rear lot line).

ARTICLE II

Establishment of Districts

~ 81-3. Designation of districts.

In order to fulfill the purpose of this chapter, the Town of Kinderhook establishes and is hereby divided into the following nine zoning districts for the following purposes:

R-2 Residential: The purpose of this land use district is to allow low-density residential uses in rural areas where the land has already been largely subdivided and fragmented, making the landscape less conducive to long-term agricultural use.

AR Agriculture and Residential: The purpose of this land use district is to promote environmental quality, and agricultural and open space uses by discouraging large-scale residential development and commercial development that conflict with environmental quality and agricultural uses, while allowing a variety of new agri-businesses that complement existing farms and residential uses.

H Hamlet: The purpose of this land use district is to maintain the traditional character of the hamlet-type development in Niverville.

R-3 Agriculture and Low Density Residential: The purpose of this land use district is to promote agriculture and to allow low density residential uses and open space, especially that along major transportation routes in the Town.

B-1 General Business: The purpose of this land use district is to allow commercial uses that are not compatible with village or hamlet commercial areas. These areas are intended for small business development. The business district also functions as a transition district between the more intensive villages or developed areas and the rural land uses surrounding them, to allow multi-family and mixed uses to enhance affordable housing and to enhance commercial developments built in the traditional, more compact style.

B-1A Low Traffic General Business District: The purposes of this district is identical to the B-1 zone with the following exception: New commercial development is restricted to low traffic volume uses. The goal is to limit traffic problems associated with suburban sprawl along the highway in this transitional area between commercial, agricultural and residential zones.

I-1 Light Industrial: The purpose of this land use district is to allow light industry, warehouse, and research facilities. This area may also include other limited commercial development intended to support the primary uses.

FP Floodplain: This district incorporates the Town’s existing floodplain protection regulations and reflects boundaries delineated by the U.S. Department of Interior, Geologic Survey, U.S. Department of Housing and Urban Development, and the Federal Insurance Administration.

MHP Mobile Home Park: The purpose of this district is to promote the health, safety, protection and general welfare of residents of the Town who live in mobile homes. The Town desires to balance the need for affordable housing with the need to maintain the attractive appearance of the area.

In addition to the above land use districts, the following overlay districts are established:

MFO Multi-Family Overlay: The purpose of this overlay district is to provide for multi-family developments including duplexes, townhouses, condominiums, and apartments.

PFO Prime Farmland Overlay: The purpose of this overlay district is to promote agricultural uses, protect prime production soils, and to prevent non-agricultural uses from negatively impacting continuation of farming as the primary use.

HO Heritage Overlay: The purpose of this overlay district is to protect important historical areas in the Town.

EAO Environmental Area Overlay: The purpose of this overlay district is to protect important environmental areas in the Town including aquifer recharge and wellhead locations, wetlands less than 12.4 acres, or other identified areas.

~ 81-4. Zoning Map.

The location and boundaries of said zoning districts are shown on the map entitled "Zoning Map," certified by the Town Clerk as adopted. Said map, together with everything shown thereon and all overlay maps and amendments thereto, is hereby adopted and is declared to be an appurtenant part of this chapter.¹

~ 81-5. Interpretation of district boundaries.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:

A. Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets, highways, public utility easements and aqueducts or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically moved if a center line or right-of-way line of such street, highway, public utility easement, aqueduct or watercourse is moved a maximum distance of 50 feet.

B. Where district boundaries are indicated as approximately following the town boundary line, property lines, lot lines or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.

C. Where district boundaries are so indicated that they are approximately parallel to the town boundary line, property lines, lot lines, right-of-way lines or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances there from as indicated on the Zoning Map or as shall be determined by the use of the scale shown on the Zoning Map.

D. Where a district boundary line divides a lot in single or joint ownership of record at the time such line is established, the regulations for the more restricted portion of such lot shall apply to the entire parcel if 50% or more of the entire parcel is included in the more restricted zone.

E. In all other cases, where not dimensioned, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon.

~ 81-6. Conformity with regulations.

Except as hereinafter provided:

A. No land or building shall hereafter be used, occupied, erected, moved or altered unless in conformity with the regulations hereinafter specified for the district in which it is located.

B. No building shall hereafter be erected or altered to exceed the maximum height, to occupy a greater percentage of lot area, to accommodate or house a greater number of families, to have narrower or smaller front yard, rear yard, side yard or other open space, to have smaller lot sizes, except for those in an approved conservation subdivision, or when a density bonus is allowed for provision of senior housing than is required for the district in which such building is located.

C. No part of a yard or other open space required about any building shall be included as part of a yard or other open space similarly required for another building except for those in an approved conservation subdivision.

D. No off-street parking or loading space shall be so reduced in area that it does not meet the requirements of this chapter.

ARTICLE III

Use Regulations

(Amended 9-20-2002 by L.L. 1-2002 & L.L. 2-2002 on 2-26-08 by L.L. 3-2008)

~ 81-7. Permitted uses; conditional uses.

No building or premises shall be erected, altered or used except for one or more of the uses designated for any district as follows:

Symbols:

P = Designates a use permitted by right.

X = Designates a use permitted by special permit.

* = Designates a use subject to site plan approval by the Planning Board as per ~ 81-47.

(Note: Uses not permitted by right or as a conditional use, whether listed below or not, are prohibited).

	AR	R-2	R-3	H	B-1	B-1A	I-1	FP	MHP

Residential Uses

One-family dwelling	P	P	P	P	X*	X*	.	.	.
Conservation subdivision (mandatory in PFO)	P	P	P	.	.	.	.	.	.
Two-family dwelling	X*	X*	X*	X*	X*	X*	.	.	.
Multifamily dwelling²	X*	X*	X*	X*	X*	X*	.	.	.
Boardinghouse	.	.	.	X*	X*	X*	.	.	.
Mobile Home	.	.	.	.	.	.	.	.	P*³
Mobile Home Park.	.	.	.	.	.	.	.	.	P*
Travel Camp	.	.	.	.	.	.	.	.	P*
Travel Trailer	.	.	.	.	.	.	.	.	P
Bed-and-breakfast	X*	X*	X*	X*	X*	X*	.	.	.
Agriculture, not including the keeping of fowl or farm animals in compliance with ~ 81-17J.	P	P	P	P	P	P	P	P	P
Agriculture, including the keeping of fowl or farm animals, in compliance with ~ 81-17J⁴	P	P	P	.	P	P	P	.	.
Commercial stables	P*	P*	P*	.	.	.	.	.	.
Farm market	X*	X*	X*	X*	X*	X*	.	.	.
Farm stand	X*	X*	X*	X*	.	.	.	.	.
Horticulture, Production Greenhouses, Production Nurseries, Beekeeping	P	P	P	P	P	P	P	P	.
Farm-related Business	X*	X*	X*	X*	X*	X*	.	X*	.
Camps	X*	X*	X*	.	.	.	.	.	.
Church or other place of worship	P*	P	P*	P*	P*	P*.	.	.	.
Private, academic or parochial school	X*	X*	X*	X*	X*	X*	.	.	.
Nursery School	X*	X*	X*	X*	P*	P*	.	.	.
Hospital	.	.	.	.	X*	.	X*	.	.
Nursing Home	.	.	.	.	X*	.	X*	.	.
Senior Citizen Homes or Communities	X*	X*	X*	X*	X*	X*
Cultural facilities (library, art gallery, museum, etc.)	.	.	.	X*	P*	P*	.	.	.
Private or Nonprofit club	.	.	.	X*	X*	X*	.	X*³	.
Municipal Park	P*	P*	P*	P*	P*	P*	.	P*³	.
Public school, college, firehouse, Town Hall, Town Highway Department	P*	P*	P*	P*	P*	P*	P*	.	.
Cemetery in compliance with ~81-23	P*	X*	X*	.	.	.	.	.	.
Accessory apartment dwelling unit, in compliance with ~81-28	P*	P*	P*	P*	.	.	.	.	.
Crematory in compliance with ~ 81-23	.	.	.	.	X*	X*	X*	.	.
Golf course with country club	X*	X*	X*	.	.	.	X*	X*³	.
Miniature golf course or batting cage	.	.	.	.	P*	P*	.	.	.
golf driving range	X*				X*	X*		X*³
Public utility line, main, lateral, except high tension line	X*	X*	X*	X*	X*	X*	X*	X*	X*
Structure and building used by public utilities in furnishing services, including electric or gas utility substation transformer station, water or sewage pumping station and other similar structure, high-tension lines	X*	X*	X*	X*	X*	X*	X*	X*	X*
Customary home occupation in compliance with ~ 81-17A	P*	P*	P*	P*	P*	P*	.	.	P*
Accessory use customarily incident to any of the uses mentioned herein and on the same lot	P*	P*	P*	P*	P*	P*	P*	P*	P*
Stable for horses for non commercial purpose in compliance with ~ 81-17J	P	P	P	.	.	.	.	P	.
Business Uses
Accessory Retail	.	.	.	.	.	.	P*	.	.
Professional office business office	.	.	.	.	P*	P*	P*	.	.
Bank	.	.	.	.	P*	.	.	.	.
Service establishment	.	.	.	.	P*	P*	.	.	.
Funeral home	.	.	.	.	P*	P*	.	.	.
Restaurant	.	.	.	.	P*	.	P*	.	.
Hotel	.	.	.	.	P*	.	P*	.	.
Bar or nightclub	.	.	.	.	P*	.	.	.	.

[Amended 9-20-02 by L.L. # 1-2002 ]

Bowling alley	.	.	.	.	P*	.	P*	.	.
Dance hall, billiard hall, pool hall as the principal use	.	.	.	.	P*	.	.	.	.
Theater or concert hall	.	.	.	.	P*	.	.	.	.
Veterinarian office, animal hospital or kennel	.	.	.	.	P*	P*	.	.	.
Newspaper office	.	.	.	.	P*	P*	.	.	.
Printing shop	.	.	.	.	P*	P*	P*	.	.
Retail stores	.	.	.	.	P*	P*	.	.	.
Auto or Farm Equipment sales lot	.	.	.	.	P*	.	P*	.	.
Health club, indoor recreation	.	.	.	.	P*	P*	P*	.	.
Video rental	.	.	.	.	P*	P*	.	.	.
Convenience Store	.	.	.	.	P*	.	.	.	.
Gasoline filling station in compliance with ~ 81-20	.	.	.	.	P*	.	P*	.	.
Automobile repair	.	.	.	.	P*	P*	P*	.	.
Car-washing station	.	.	.	.	P*	P*	P*	.	.
Equipment, trailer rental or sales yard	.	.	.	.	P*	P*	P*	.	.
Motel	.	.	.	.	P*	P*	P*	.	.
Telephone exchange	.	.	.	.	P*	P*	P*	.	.
Flying fields	X*	.	.	.	.	.	X*	.	.
Retail Nursery, greenhouse	X*	X*	X*	X*	P*	P*	P*	P*	.
Bus station	.	.	.	P*	P*	P*	P*	.	.
Amusement operated for profit	.	.	.	.	.	.	P*	.	.
Extractive operation and soil mining	X*⁴	.	.	.	.	.	X*	.	.
Landscaping, Major	.	.	.	.	P*	P*	P*	.	.
Landscaping, Minor	.	.	.	.	P*	P*	P*	.	.
Self-storage	.	.	.	.	P*	P*	P*	.	.
Heavy Equipment Repair					P*	.	P*
Light Industrial Uses
Research laboratory	.	.	.	.	.	.	P*	.	.
Manufacture, fabrication, Extraction, assembly, warehousing and other handling of material in compliance with ~~ 81-17C and 81-19 and excluding prohibited uses listed below	.	.	.	.	.	.	P*	.	.
Power plant	.	.	.	.	.	.	X*	.	.
Fuel storage and distribution	.	.	.	.	.	.	P*	.	.
Industrial Laundry or dry-cleaning plant							P*
Contractor's yard	.	.	.	.	.	.	P*	.	.
Adult entertainment	.	.	.	.	.	.	X*
Telecommunication towers	.	.	.	.	.	.	X*	.	.
Commercial radio, television and other electric transmission station and tower	.	.	.	.	.	.	X*	.	.

¹ NOTE: Subject to the provisions of and in compliance with ~ 81-27D(9).

2 NOTE: Multi-family dwellings specifically for senior citizens are allowed in AR, R-2, R-3, B-1, B-1A districts. Multi-family dwellings for all others are allowed only in B-1 and B-1A districts.

³ NOTE: Telecommunication Antennas may be attached to Town owned facilities.

~ 81-8. Specifically prohibited industrial uses.

In any district where manufacturing or light industry is permitted, no manufacturing use nor any trade, industry, use or purpose that is noxious or offensive by reason of the emission of odor, dust, smoke, toxic or noisome fumes, radiation, gas, noise, vibration or excessive light, or any combination of the above, which is dangerous and prejudicial to the public health, safety and general welfare, shall be permitted, and this includes more specifically, but is not limited to, the following such uses:

Acetylene gas manufacture for commercial purposes

Ammonia, chlorine or bleaching powder manufacture

Arsenal

Asphalt manufacture or refining

Auto racetracks

Blast furnace, not including cupola or converter furnaces used in foundries and in which no wood is used as fuel

Boiler shops, structural steel fabricating shops, metalworking shops which operate reciprocating hammers or chisels or other noise-producing electric or pneumatic tools within 100 feet of any boundary line of the premises and outside of any masonry buildings

Distilling of liquors

Bronze and aluminum powder manufacture

Carbon, lampblack, shoe blacking, graphite or stove polish manufacture

Celluloid and other cellulose products manufacture

Cement manufacture

Coal tar products manufacture

Creosote treatment or manufacture

Disinfectant and insecticide manufacture

Distillation of coal, wood or bones

Drive-in movie theaters

Dump, unless operated or controlled by the municipality

Excelsior and fiber manufacture

Explosives, fireworks or match manufacture, assembling or storage in bulk, except the manufacture, assembling and storage in bulk of safety matches in book form

Fat rendering

Fertilizer manufacture or potash refining

Fish smoking or curing

Glue, size or gelatin manufacture or processing involving recovery from fish or animal offal

Incinerator, unless operated by the municipality

Junkyard

Lime, gypsum, cement, plaster or plaster of Paris manufacture, except the mixing of plaster

Linoleum or oilcloth manufacture

Ore reduction or the smelting of iron, copper, tin, zinc or lead

Paint, oil, varnish, turpentine, shellac or enamel manufacture, except the mixing of wet paints

Perfume and extract manufacture

Petroleum refining

Poisons manufacture: fumigants, carbon disulfide, hydro cyanic acid, ethyl, stomach poisons, arsenate of lead, arsenate of calcium, hellebore and Paris green, pesticides, lime, sulfur, nicotine, kerosene emulsions

Printing ink manufacture

Radium extraction

Coloring, curing, dressing or tanning of raw or green salted hides or skins.

Rubber caoutchouc or gutta-percha manufacture from crude or scrap material, except in connection with a rubber products manufacture plant

Salt works

Sandpaper and emery cloth manufacture

Slaughtering of animals, except for immediate consumption on premises or immediate retail sale

Soap, soda ash or washing compound manufacture, except products not containing caustic soda

Solid waste management facility, as defined by the regulations promulgated by the New York State Department of Environmental Conservation, except any such facility that may be operated with the approval of the Town Board of the Town of Kinderhook and which is consistent with the duly adopted Solid Waste Management Plan of Columbia County

Starch, glucose or dextrin manufacture

Stockyards

Sulfurous, sulfuric, nitric, picric or hydrochloric acid or other corrosive or offensive acid manufacture, or their use or storage, except on a limited scale as accessory to a permitted industry

Tallow, grease, lard or candle manufacture or refining

Tar distillation or the manufacture of aniline dyes

Tar roofing or waterproofing manufacture, except where the tar or asphalt is treated at a temperature under 100° F.

Tobacco processing, exclusive of cigar or cigarette manufacture

Vinegar, pickle or sauerkraut manufacture in bulk

Wool pulling or scouring, except in connection with a woolen mill

Yeast manufacture

~ 81-8.1. Adult entertainment.

Adult entertainment establishments are only permitted in Light Industrial (I-1) Districts and these establishments are required to be set back 500 feet from any residential district, playground, school, day-care center or place of worship.

~81-8.2. Use regulations specific to Overlay Districts. If an Overlay District property is located simultaneously within two zoning districts, the requirements of both districts apply, except to the extent they are inconsistent with each other. If the requirements of the Overlay District are inconsistent with the requirements of the established zoning districts within which the Overlay District is located, the requirements of the Overlay District shall prevail. If the requirements of the Overlay District do not address or do not apply to a certain use or bulk that is permitted in the underlying district, then the requirements for the underlying district shall prevail in addition to those requirements of the Overlay District.

ARTICLE IV

Area and Bulk Regulations

~ 81-9. Purpose.

A. In order to provide adequate open space for access of light and circulation of air, to facilitate the prevention and fighting of fires, to prevent undue concentration of population and to lessen congestion on streets, no building or premises shall be erected, altered or used except in accordance with the standards set forth in this Article.

B. Density Control Schedule. The attached schedule of density control regulations is hereby adopted and declared to be a part of this chapter and is hereinafter referred to as the "Density Control Schedule."⁵

~ 81-10. Incentive Zoning for Senior Housing

A. Purpose: The purpose and intent of these provisions are to offer a density bonus as an incentives to applicants who provide senior citizen housing. The Town of Kinderhook Comprehensive Plan identifies provision of senior housing as an important need. The Town may offer incentives in the form of a density bonus as described below. Applicants who provide multi-family housing for senior citizens are eligible for this bonus in exchange for assurance that housing permitted specifically for seniors will remain so over time. The incentives provided in this local law are adopted pursuant to Town Law § 261-b. Other bulk requirements applicable to senior housing are presented in this section.

B. Districts Designated for Incentives. The following districts are designated as eligible for density bonuses to those applicants who offer an acceptable amenity in the form of affordable senior housing and details the density that may be allowed as an incentive and required bulk dimensions: (amended 5-3-2004 by L.L. 6-2004)

Eligible Zone	Allowable Units	Minimum Lot Size	Minimum Dimension of Units
AR	Up to 30 units	5 acres	650 sf for one bedroom; 800 sf for two bedroom
R-2	Up to 30 units	3 acres	650 sf for one bedroom; 800 sf for two bedroom
R-3	Up to 30 units	3 acres	650 sf for one bedroom; 800 sf for two bedroom
H	Up to 30 units	3 acres	650 sf for one bedroom; 800 sf for two bedroom
B-1	Up to 30 units	3 acres	650 sf for one bedroom; 800 sf for two bedroom
B-1A	Up to 30 units	3 acres	650 sf for one bedroom; 800 sf for two bedroom
MFO	Up to 30 units	3 acres	650 sf for one bedroom; 800 sf for two bedroom

C. Criteria and procedure for approval.

(1) Procedures. The applicant shall apply to the Planning Board to receive a density bonus for senior housing along with the application for a special use permit, site plan review, or subdivision approval, as the case may be. No density bonus shall be approved , approved with modifications, or disapproved pursuant to this section until a public hearing has been held. The public hearing shall be held at the same time that the public hearing is held for site plan, subdivision, and/or special use permit approval. The Planning Board must make its decision on the density bonus application at the same time it makes its decision on site plan, subdivision, and/or special permit approval. As part of this application, the applicant shall be required to place permanent age deed restrictions in the deed to conform with the definition of senior citizen as defined in Section 81-2.

(a) Criteria for Approval are:

1. When acceptable community benefits include housing for senior families in single, two-family, townhouse, apartments or any combination of the foregoing. Certain related ancillary facilities such as a cafeteria, self-service laundry, lounge, game room, or library are also acceptable community benefits when they are in combination with dwelling units for senior families.

2. When the proposed senior housing preserves mature trees, slopes in excess of 15%, wetlands and stream corridors.

3. When the proposed senior housing is located so that adequate resources, environmental quality, and public facilities including water supply, waste water, fire protection and emergency services are available.

4. When the proposed senior housing is in accordance with the parking, signage, and landscaping requirements of this Zoning Law.

5. When the proposed senior housing is buffered from view by vegetation, fencing or earthen berms placed in such a manner that they make structures, objects, or parking lots not visible from a public road or any other adjacent lot throughout the year.

(2) Assessment of Benefits. To ensure that the benefits of receiving a density bonus are linked to the community’s needs, the Planning Board must examine whether there are any negative impacts on the town or surrounding neighborhood by the proposed senior housing. The Planning Board’s review shall include, but is not limited to ensuring that adequate resources exist; that environmental quality will not be negatively impacted; that public facilities such as transportation, water supply, waste disposal, emergency services and fire protection are adequate; and that the proposed senior housing is compatible with surrounding neighborhoods. The Planning Board may impose such conditions as needed to ensure that adequate resources exist, that environmental impacts are minimized, and that the proposal will be compatible with surrounding neighborhoods.

Town Law § 261-b(3)(d) also requires that a supplemental generic environmental impact statement be prepared and the applicant must pay a proportionate share of the cost of preparing the environmental impact statement.

Such a supplemental generic environmental impact statement shall address the impacts of the proposed senior housing on the Town, adjacent properties, and the environment.

(3) No approval of the density bonus provided for in this section shall become effective until the applicant records in the office of the Columbia County Clerk an instrument restricting the use of the property which is the subject of the density bonus so that said property may be used only for senior family housing. This instrument creating this restriction must provide that it is enforceable by the Town of Kinderhook. Any party owning any interest in said property as of the date of the approval must consent to the restriction.

~ 81-11. Corner lots.

Wherever a side or rear yard is adjacent to a street, the standards for front yards shall apply.

~ 81-12. Projections into required yards.

A. The following projections into required yards may be permitted:

(1) Open fire escapes: four feet into required side or rear yard.

(2) Awnings or movable canopies: six feet into any required yard.

(3) Cornices, eaves and other similar architectural features: three feet into any required yard.

B. Any open or enclosed porch or carport shall be considered a part of the building in the determination of the size of the required yard or lot coverage.

C. Accessory uses not enclosed in a building shall not be located in a required front or side yard but may be located in a required rear yard, subject to the provisions of ~ 81-17E.

~ 81-13. Height exceptions.

District building height regulations shall not apply to flagpoles, radio or television antennas, transmission towers or cables, spires or cupolas, chimneys, elevator or stair bulkheads, parapets or railings, water tanks or cooling towers or any similar structures, provided that such structures in their aggregate coverage occupy no more than 10% of the roof area of the building. Barns and silos may exceed height limitations of this chapter, provided that for each one foot by which each barn or silo exceeds the height of 35 feet, the minimum yard requirements shall be increased by one foot but in no case need exceed 100 feet.

~ 81-14. Minimum lot area per dwelling unit.

A. Minimum lot area per dwelling unit shall be in accordance with the Density Control Schedule.

B. A residential lot of required or larger than required size as set forth in this chapter shall not be reduced in size for transfer of ownership if such lot so subdivided will form two or more lots which shall not be in compliance with the requirements for the minimum lot area per dwelling unit for the district in which such lot or lots are situated, except as provided in ~ 81-25.

C. In cases where two or more adjacent, undersized and undeveloped lots exist under the same ownership, they must be combined to meet the minimum lot size of the zoning district in which they are located.

~ 81-15. Side yards for semidetached and attached dwellings.

Side yards for semidetached and attached dwellings shall be required at the ends of the total structure only.

~ 81-16. Distance between main buildings on same lot.

There shall not be more than one principal dwelling structure on any residentially zoned lot.

ARTICLE V

Supplementary Regulations

~ 81-17. Miscellaneous regulations.

A. Customary home occupations. The Town may regulate the siting of home occupations to promote the health, safety, and general welfare of the community. The purpose of this section is to provide an opportunity in Kinderhook to establish home occupations in accordance with the character of the district and that conserves the value of buildings and the rural character of the Town and encouraging appropriate land use and does not change the residential character of the residence or neighborhood in which they are located.

(1) Location. Home occupations are permitted in those zoning districts designated in ~ 81-7.

(2) Extent of use. The home occupation shall not utilize more than 25% of the gross floor area of the dwelling unit, but in no case shall it exceed 500 square feet. The home occupation must be within a dwelling unit or in an existing building built prior to the date of enactment of this law.

(3) Residency and Number of employees. In addition to the home occupant, no more than two employees or assistants may be engaged on the premises at any given time. . The person primarily conducting the home occupation shall reside on the premises more than 60% of the year.

(4) Outdoor storage. There shall be no outdoor storage of equipment or materials used in the home occupation.

(5) Vehicles. Not more than one commercial vehicle shall be permitted in connection with any home occupation and shall be stored in an enclosed garage.

(6) Signs. Signs as permitted in the Sign Ordinance, ~ 81-21.

(7) Permitted uses. It shall include not more than one of the following uses:

(a) Custom dressmaking.

(b) Artist, musician, photographer or tutor.

(d) Real estate, insurance or accounting.

(e) Beauty salon with no employees other than homeowner (amended 4-20-07 by L.L. 3-2007)

(8) Exterior Alteration. The structure shall be residential in design. There shall be no exterior display, or other exterior evidence of any home occupation except for signs and off-street parking.

(9) Environmental Impacts. No home occupation shall produce any odor, noise, vibration, smoke, dust, heat, or glare that exceeds the average level in the immediate vicinity and is detectable beyond the property line of the parcel. No home occupation shall use, store, produce or dispose of any hazardous materials.

(10). Traffic and parking. Traffic related to any home occupation shall be limited “normal” traffic for the street on which the dwelling is located. No more than eight (8) vehicle trips per day shall be generated by customers, clients or sales representatives. In determining traffic conditions, the Planning Board shall consider both the character of the road on which the use is located, and the volume of traffic that would otherwise be generated by a typical residential use. Parking requirements of Section 81-18A(5)(c) shall be followed.

B. Excavation.

(1) Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create any noxious or injurious substance or condition or cause public hazard.

(2) In any district, excavation relating to the construction on the same lot of a building or structure for which a permit has been issued shall be permitted. In the event that construction of a building or structure is stopped prior to completion and the permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials, and any excavation with a depth greater than two feet below existing grade shall immediately be filled in and the topsoil replaced or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which the excavation is located.

(3) For excavations for soil mining, see ~ 81-27.

C. Activity standards. In any district, the following standards for activities shall apply:

(1) No offensive or objectionable vibration or glare shall be noticeable at or beyond the property line.

(2) No activity shall create a physical hazard by reason of fire, explosion, radiation or other such cause to persons or property in the same or adjacent district.

(3) There shall be no discharge of any liquid or solid waste into any stream or body of water or any public or private disposal system or into the ground, of any materials of a nature that may contaminate any water supply, including groundwater supply.

(4) There shall be no storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin or endangers health in any way.

(5) The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property shall be prohibited.

D. Planned new streets. After the planned right-of-way line for future streets, for future extensions of existing streets or for future street widening is established on the Official Map, if any, buildings and structures shall be set back from such line as though it were a street line.

E. Accessory buildings and uses.

(1) Accessory structures not attached to the main building shall be located no less than five feet to the main building.

(2) In a residential district, accessory uses not enclosed in a building, including swimming pools and tennis courts, may not be located in front yards of such lot and shall be distant not less than 20 feet from any lot line. No boat nor truck over one ton capacity shall be stored on any residential lot in the R-2 or H District except in the rear yard nor closer than the required side yard to any side lot line.

(3) Accessory buildings shall comply with front yard requirements for the main building to which they are an accessory and shall not be closer to any side or rear property line than five feet. Accessory structures that exceed 150 square feet in size shall be subject to the Density Control Schedule⁶ for each zoning district. The maximum height of any accessory structure of less than 150 square feet shall be 12 feet.

F. Corner clearance. For the purpose of minimizing traffic hazards at street intersections, on any corner lot, no obstruction between a height of 21/2 feet and 10 feet above the adjacent center line elevation shall be permitted to be planted, placed, erected or maintained within the triangular area formed by the intersecting pavement lines, or their projections (where corners are rounded), and a straight line joining the pavement lines at points 50 feet distant from their point of intersection.

G. Fences and walls. The requirements of this chapter shall not apply to necessary retaining walls, fences or walls not exceeding a height of six feet in any side or rear yard in an R-2 or H District and not exceeding a height of four feet in any front yard of an R-2 or H District except where corner sight distances are required for traffic safety. In any A, Business or Industrial District, there shall be no restriction on fences or walls, except on an R-2 or H District boundary line, where such fences or walls shall be limited to eight feet in height, and except where corner clearances are required.

H. Commercial parking lots. Commercial parking lots shall comply with the provisions of ~ 81-18D, H and I.

I. Transition requirement.

(1) Where a lot in a business district abuts a lot in a residence district, there shall be provided along such side or rear lot line in the business district abutting a residence district a wall, fence, compact evergreen hedge or a landscaped strip of trees or shrubs so designed as to form a visual screen not less than six feet in height at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, chain link fence covered with an evergreen vine or compact evergreen hedge.

(2) Where a lot in an industrial district abuts a lot in a residential district, such lot in the industrial district shall meet the requirements of ~ 81-19C(2)(d) and (g).

J. Agriculture.

(1) The processing and storage of agricultural products, including packing, warehousing and storing, is permitted, except that slaughterhouses, rendering, fertilizer plants and canneries are prohibited. The unenclosed storage of manure or areas for storage of dead fowl or other odor-or-dust producing substances or use shall not be permitted within 100 feet of a property line or public street right-of-way. The storage of manure shall be done in a prudent manner with periodic removal consistent with good agricultural practices. Facilities or structures for the storage of livestock, as defined by ~ 301 of Article 25AA, Agricultural Districts, of the New York State Agriculture and Markets Law, must be set back a minimum of 100 feet from the property line. The free range of livestock outside of the property line is not permitted.

(2) However, the temporary placement of facilities or structures for the storage of livestock, used for education purposes only, would only need to meet the setback requirements noted in the density control schedule for the zoning district in which the property is located. "Temporary" means the structure or facility for the housing of livestock will be removed within a period of one year or less. In addition, the Code Enforcement Officer must be notified in writing upon the start and end date of the proposed temporary facility or structure.

(3) Facilities or structures for the storage of livestock or manure which preexist the date of this subsection can remain in place as long as they do not become a public nuisance.

(4) Right to farm. Farmers, as well as those employed, retained or otherwise authorized to act on behalf of farmers, may lawfully engage in farming practices within the Town of Kinderhook at any and all such times and at such locations as are reasonably necessary to conduct the business of farming. For any farming activity or operation, in determining the reasonableness of the time, place and methodology of such operation, due weight and consideration shall be given to both traditional customs and procedures in the farming industry, as well as to advances resulting from increased knowledge and improved technology. For farms located within a designated NYS Agricultural District, the New York State Department of Agriculture and Markets shall determine what agricultural practices are to be considered reasonable.

(5) Presumption to exist. There shall exist a presumption that no agricultural use that conforms to all relevant federal, state or local statutes, rules and regulations or ordinances and which does not pose a direct threat to public health and safety shall constitute a public nuisance, nor shall any such use be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.

(6) Notice to existing and prospective residents. Any landowners who sell or transfer property located in a NYS agricultural district or within 500 feet of an existing agricultural operation are required to provide a disclosure notice to prospective buyers or transferees stating: “It is the policy of this state and this Town to conserve, protect and encourage the development and improvement of agricultural land for the production of food, and other products, and also for its natural and ecological value. This notice is to inform prospective residents or new land users that the property they are about to acquire lies partially or wholly within an agricultural district, or adjacent to an existing agricultural operation and that farming activities occur. Such farming activities may include, but are not limited to, activities that cause noise, dust, odors, the operation of machinery, and the storage and disposal of manure. Owners, occupants, and users of this property should be prepared to accept such inconveniences and discomfort.” Receipt of the disclosure statement must be recorded on a property transfer report prescribed by the New York State Board of Equalization and Assessment.

(7) Subdivision in Agricultural Districts. New dwellings in any subdivision should be sited to ensure maximization of open land for agriculture. The building envelopes should be located so as to disturb the least amount of prime agricultural soils as possible.

(8) Compliance with NYS Agriculture and Markets Law 25AA. The Planning Board and Zoning Board of Appeals shall ensure that the Town follows required procedures from NYS Agriculture and Markets Law 25AA, Section 305 and 305-a prior to all zoning, subdivision and site plan approvals in and within 500 feet of a designated NYS Agricultural District. All requirements including the notice of intent, agricultural impact statement, and review of the application by the Columbia County Agriculture and Farmland Protection Board shall be followed. The Town shall ensure that local planning approvals recognize the policy and goals of the NYS agriculture districts law and avoid unreasonable restrictions on farm operations with such districts.

(9) Farm-related businesses. Farm-related businesses that are conducted outside the home, but on the farmed parcel, are subject to the following regulations:

(a) no more than three acres of land shall be devoted to such use, including areas used for structures, parking, storage, display, setbacks, and landscaping. Any lane serving the farm-related business and a home and/or farm contained on the same lot shall not be included as lot area devoted to a farm-related business. No additional lane or curb cut to access the farm-related business shall be allowed.

(b) No more than 50% of the area devoted to a farm-related business shall be covered by buildings, parking lots, or any other impervious surface.

(d) no more than two full-time and two part-time persons, other than individuals who reside on the farm may be employed in the farm-related business.

(e) the use must be conducted within a completely enclosed building typical of farm buildings.

(f) any outdoor storage of supplies, materials or products shall be located behind the building in which the farm-related business is conducted.

(10) For lands located in the Prime Farm Overlay District, see ~81-33.

K.. Review Fees. Applicants for subdivision approval, site plan approval, and specialized permits shall pay the reasonable fees of the engineer employed by the Town to review the application and to make inspection of the property as required by the Planning Board.

~ 81-18. Off-street parking and loading regulations.

In all districts, off-street automobile parking spaces and truck loading areas for the various permitted uses shall be required at the time any of the main buildings or structures of such uses are constructed or altered, as follows:

A. Required off-street automobile parking spaces. The minimum cumulative number of spaces shall be determined by the amount of dwelling units, bedrooms, floor area, members, equipment, employees and/or seats contained in such new building or structure or added by alteration of building or structure, and such minimum number of spaces shall be maintained by the owners of such buildings or structures, as follows:

(1) Office, business and commercial uses.

(a) For retail business or service, bank or post office: one space for each 100 square feet of customer floor area.

(b) For office, including professional, personal service and public utility: one space for each 200 square feet of gross office floor area.

(d) For funeral home: one space for each five seats of chapel or chapels' capacity.

(e) For any commercial use: one space for each company vehicle in addition to other required spaces.

(f) For hotel, motel and resort hotel, resort lodge, resort ranch: one space for each bedroom plus one space for each four employees.

Spaces in municipal parking lots designed to serve nongovernmental uses, where provided, may be credited toward the parking requirements for these nonresidential uses, provided that:

(a) These spaces are within 400 feet of the uses to be served.

(b) The parking needs of existing facilities (within 400 feet and computed on the same basis as for new facilities) are satisfied first and only excess capacity is used for this purpose.

(2) Industrial uses.

(a) One space for each 400 square feet of floor area devoted to manufacture, including printing, publishing, wholesale, business and laundry or dry-cleaning plants.

(b) One space for each 2,000 square feet of floor area devoted to storage.

(d) For any industrial use, one space for each company vehicle in addition to other required spaces.

(3) Public and semipublic uses.

(a) For places of public assembly, including churches, theaters and concert halls; one space for each six seats of seating capacity.

(b) For elementary school or day nursery: two spaces for each classroom.

(d) For museum, art gallery, institution or philanthropic use: one space for each 800 square feet of gross floor area.

(e) For hospital, sanatorium, nursing or convalescent home: one space for each two beds.

(f) For club: one space for each 200 square feet of gross floor area or one space for four seats of seating capacity, whichever is greater.

(4) Recreational uses.

(a) For golf course, bowling alley: four spaces for each tee or alley.

(b) For skating rinks: one parking space for each 250 square feet of area available for skating.

(5) Residential uses.

(a) For one- or two-family dwelling: two spaces per dwelling unit.

(b) For multifamily dwellings: two spaces per dwelling unit.

(c) Customary home occupation or professional office in a dwelling unit: one space for each 200 square feet devoted to such customary home occupation or professional office plus the required space per dwelling unit.

(d) Boardinghouse or bed-and-breakfast: one space for each bedroom.

(6) For uses not listed herein, as established by the Planning Board.

B. Calculation of required spaces. In the case of a combination of uses, the total requirements of off-street automobile parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use or other conditions would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.

C. Dimensions for off-street automobile parking space. Such space provided shall be at least nine feet wide and 20 feet long and every space shall have direct and usable driveway access to a street or alley, with minimum maneuver area between spaces as follows:

(1) Parallel curb parking: twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.

(2) Thirty-degree parking: thirteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

(3) Forty-five-degree parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

(4) Sixty-degree parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

(5) Perpendicular parking: twenty-six-foot aisle width for one-directional and two-directional flow.

D. Location of required spaces.

(1) In any residential district, no open or enclosed parking area shall encroach on any required front yard or required open areas. Open parking areas may encroach on a required side or rear yard to within three feet of a property line.

(2) In business districts or industrial districts, such spaces shall be provided on the same lot or not more than 400 feet there from.

(3) No entrance and exit drives connecting the parking area and the street shall be permitted within 25 feet of the intersection of two public rights-of-way.

(4) Location of parking lots shall be to the side or rear, according to ~81-49D.

E. Required off-street truck loading areas.

(1) For funeral homes: one berth for each chapel.

(2) For hotels, motels and resort hotel, resort lodge, resort ranch: one berth for floor area in excess of 10,000 square feet.

(3) For office, business and commercial uses: one berth for 10,000 square feet to 25,000 square feet of floor area and one additional berth for each additional 25,000 square feet of floor area.

(4) For manufacturing and permitted industrial uses: one berth for the first 10,000 square feet of floor area and one additional berth for each additional 40,000 square feet of floor area.

(5) For other permitted nonresidential uses: one berth for 10,000 square feet to 25,000 square feet of floor area and one additional berth for each additional 25,000 square feet of floor area, unless it can be proven that truck deliveries shall not exceed one vehicle per day.

F. Dimensions for off-street loading berths. Each required loading berth (open or enclosed) shall have the following minimum dimensions: 35 feet long, 12 feet wide and 14 feet high, except that berths for funeral homes may be 20 feet long, 10 feet wide and eight feet high.

G. Location of required berths. All off-street loading areas shall be located on the same lot as the use for which they are permitted or required. Open off-street loading areas shall not encroach on any required front or side yard, access way or off-street parking area, except that in business districts off-street parking areas, where they exist, may be used for loading or unloading, provided that such spaces shall not be so used for more than three hours during the daily period that the establishment is open for business.

H. Construction of parking areas. Required parking areas for more than five cars accessory to commercial, industrial or multifamily uses shall be paved with all-weather surface of asphalt or concrete and suitably drained. The individual spaces shall be visibly marked with paint or other durable material. Parking areas to be used at night shall be lighted. All lights shall be shaded or so directed as not to cause glare on adjoining residential properties and shall be so directed as not to cause a traffic hazard due to glare or color.

I. Landscaping. At least 8% of the area of the lot usable for off-street parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material. All loading berths and parking areas of three or more spaces that abut a residential lot line, and any parking lot for more than 20 cars shall be screened by a six-foot-high solid masonry wall or a compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen from the adjoining property. All parking areas and landscaping shall be properly maintained thereafter in a sightly and well-kept condition.

J. Inclusion of additional land in certain site plan reviews.

(1) In B-1 (Business 1) Zone located in the Town of Kinderhook, the Planning Board, in its sole discretion upon reviewing any application for a site plan, may allow the use of lands to the rear of any structure not zoned B-1, provided that a corresponding amount of land is set aside in the front of any structure in excess of any front yard setback requirement. This additional land located in the front yard shall not contain any improvements, with the exception of a driveway or approved sign.

(2) The use of the lands in the non-B-1 Zone shall be only for off-street parking and the access ways to public highways from the parking areas; provided however, that as a condition of obtaining an approval for said use, the Planning Board shall require ample screening and shall find that location of the parking area and any access way thereto does not interfere with the surrounding non-B-1 neighborhood.

K. Cross-access. In cases where two or more lots are adjacent, the Planning Board may require cross-easements between adjacent parking lots to provide for interconnected parking lots and to facilitate traffic and control access on the main road. Shared parking facilities may be required. [Amended 10-25-2004 By L.L.12-2004]

L. Curb-cuts. Access to the parking lot from the main road or thoroughfare is limited to one curb cut.

~ 81-19. Light Industrial District regulations.

The purpose of this district is to permit those designated uses permitted by right or contingent on the attainment of a special use permit from the Planning Board, as specified in ~ 81-7 of this chapter. All regulations in ~ 81-47 shall apply.

A. The minimum lot area requirement in the Light Industrial District shall be 40,000 square feet.

B. Use regulations.

(1) Permitted uses.

(a) Any use permitted by right in an I-1 District.

(b) Any use permitted by special permit in I-1 Districts, subject to the favorable approval thereof by the Planning Board.

(2) Prohibited uses.

(a) Residential uses, except dwellings of caretakers and all residential uses existing and permitted prior to the establishment of I-1 Districts in accordance with this section, shall be allowed to continue as so permitted hereto before.

(b) All prohibited industrial uses as so listed in ~ 81-8 of this chapter.

(c) Any use, although expressly allowed as a permitted use, shall be prohibited if the particular application of such use does not comply with the specified performance standards for a use in the I-1 District.

C. Performance standards.

(1) General standards. The following general standards are hereby adopted for the control of uses in any Light Industrial District, and no use shall be permitted, established, maintained or conducted therein which shall cause:

(a) Excessive smoke, fumes, gas, odor, dust or any other atmospheric pollutant beyond the boundaries of the lot whereon such use is located. Smoke is excessive when the shade or appearance is darker than No. 2 on the Ringelmann Smoke Chart, published by the United States Bureau of Mines.

(b) Noise perceptible beyond the boundaries of the lot occupied by such use causing the same.

(d) Discharge of any waste material whatsoever into any sanitary disposal system or sewerage system, except only in accordance with the rules of land under the control of public health authorities or the public body controlling such sewerage system. Any chemical or industrial waste which places undue loads, as determined by the Town Engineer, shall not be discharged into any municipal system and must be treated by the industrial use.

(e) Storage or stocking of any waste materials whatsoever, except in a completely enclosed building.

(f) Glare or vibration perceptible beyond the lot lines whereon such use is conducted.

(g) Hazard to persons or property by reasons of fire, explosion, radiation or other cause.

(h) Any other nuisance harmful to persons or property.

(2) Specific standards. The following specific standards are hereby adopted for and must be complied with by any use in any Light Industrial District before the same shall be permitted, established, maintained or conducted:

(a) Storage facilities. Materials, supplies or semifinished products shall be stored on the rear of the property and shall be screened from any existing or proposed street.

(b) Loading docks. No loading docks shall be on any street frontage. Provisions for handling of all freight shall be on those sides of any building which do not face on any street or proposed street.

(c) Landscaping. It is hereby declared that all areas of the plot not occupied by buildings, parking, driveways or walkways or storage shall be landscaped attractively with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain, as well as the situation of the lands and premises themselves and with regard to adjoining lands and premises.

(d) Fences, walls and plantings. Property that is adjacent to a residential or business district shall be provided along such property lines with a wall, fence, dense evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a dense visual screen no less than six feet high at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, a chain link fence covered with an evergreen vine or a compact evergreen hedge. Where a front yard adjoins a street, the wall, fence or hedge shall be located no closer to the street than the depth of the required yard.

(e) Off-street parking and loading. Refer to ~ 81-18.

(f) Signs. Refer to ~ 81-21.

(g) Buffer strip. In addition to the fences and walls, the entire district must be separated along its outside boundary from an adjoining residential zone and along public roads by a buffer strip, suitably landscaped, at least 100 feet wide. The purpose of the buffer strip is to effectively screen industrial uses from residential districts and public roads.

(3) Proper and adequate water supply, sewage and waste disposal, other utility services and accessibility to and from public streets must be provided.

(4) Special consideration must be given to the traffic generated by each proposed use in a Light Industrial District, and no undue traffic volume shall be permitted. Such data is to be submitted with each petition for amendment. It shall be the policy of the town not to rezone when it is anticipated that undue traffic volume will be placed on residential streets.

D. Area and bulk regulations. Area and bulk requirements shall be in compliance with those for I-1 Districts as set forth in the Density Control Schedule of this chapter.⁷

E. The Planning Board, upon review of the proposed development, may prescribe additional conditions as are, in its opinion, necessary to secure the objectives of this chapter.

F. Procedure. The developer shall submit the following:

(1) A plan of the site and surrounding areas, drawn to scale and accurately dimensioned, showing the location of the existing and proposed land use areas, lots, buildings, structures, parking and loading areas and access roads and streets, community facilities and topography.

(2) The use and height of each proposed building or structure, yard lines, lot coverage, the number of parking spaces in each proposed parking area and the expected flow of traffic in and out of the area.

(3) Any additional data as may be requested by the Planning Board in order to determine the suitability of the tract for the proposed development.

~ 81-20. Gasoline filling stations.

In any district where permitted, a gasoline filling station shall be subject to the following regulations:

A. Filling stations shall be permitted only on lots of 40,000 square feet or more, with 250 feet of minimum frontage.

B. The area for use by motor vehicles, except access drive thereto, as well as any structures, shall not encroach on any required yard area.

C. No fuel pump shall be located closer than 25 feet to any side lot line nor closer than 50 feet to any street line, measured from the outside edge of the fuel island.

D. No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station unless a public street lies between such service station and such building or use.

E. All major repair work and all storage of equipment and parts shall be within a completely enclosed building which has a maximum height of 25 feet. Such repair work shall not include any body repair work or spray painting or car washing which require mechanical equipment in a B-1 and B-1A District except by special permit of the Planning Board as provided by this chapter.

~ 81-21. Signs.

A. Purpose.

(1) The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs, window or door signs and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the historic and rural character of the town, preserve the community's unique scenic vistas and provide for an overall more visually enjoyable and pleasing landscape.

(2) It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by overhanging or projecting signs over public rights-of-way, provide more visual open space and protect the community's appearance and attractiveness.

B. Definitions. As used in this section, and unless otherwise expressly stated, the following terms shall be defined as stated:

ABANDONED SIGN -- A sign and its structure that no longer serves its original purpose, or reflects a business or activity that has ceased or been expired for 12 months or more.

ADMINISTRATOR -- The Building Code Enforcement Officer of the Town of Kinderhook or his designee.

ANIMATED SIGN -- A sign or any portion thereof having movement effected by mechanical or natural means, including, but not limited to, rotating signs, wind signs and signs where movement is simulated by illumination devices. This term shall include the use of blinking, flashing and general intermittent light, as opposed to light of a constant intensity and value. All time and/or temperature devices shall not be considered animated.

AWNING SIGN -- A sign with any visual or written message incorporated into an awning attached to a building.

COPY-CHANGE SIGN -- The portion of a sign on which the visual message may be periodically changed. The copy message may be achieved with either separate letters and numbers or small, separate sign panels affixed to or supported by the larger sign or sign structure.

ERECT -- To build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign and shall also include the painting of exterior wall signs.

FREESTANDING SIGN -- Any sign not attached to or part of any building but separate and permanently affixed by any other means, in or upon the ground, including, but not limited to, pole signs, pylon signs and masonry or monument signs.

ILLUMINATED SIGN -- Any sign illuminated by electricity, gas or other artificial light either from the interior or exterior of a sign.

OFF-PREMISES SIGN OR BILLBOARD -- A sign unrelated to a business or a profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.

ON-PREMISES SIGN -- A sign related to a business or a profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.

PORTABLE SIGN -- A sign, whether on its own trailer, wheels or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign, including sidewalk signs.

PROJECTING SIGN -- A sign which is attached to the building wall or structure and which extends horizontally more than nine inches from the plane of such wall, or a sign which is perpendicular to the face of such wall or structure.

RETAIL – Establishments engaged in selling goods or merchandise to the general public.

REPRESENTATIONAL SIGN -- A three-dimensional sign built so as to physically represent the object advertised.

ROOF SIGN -- A sign erected above the main roofline of a structure, which is the uppermost horizontal line of the building's silhouette. (See sign guidelines brochure.)

SERVICE ESTABLISHMENT – Small businesses primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.

SIGN -- Any material, structure, or device, or part thereof, composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building, including window display area, for display of an advertisement, announcement, notice, directional matter and name. This includes sign frames, billboards, sign boards, painted wall signs, hanging signs, pennants, fluttering devices, projecting signs or ground signs or any exterior illumination devices (excepting standard light fixtures), with or without lettering, logos, graphic or pictorial matter, which serve as part of an overall "sign" program to identify a business or increase the visibility of a site that is placed in view of the general public.

SIGN DIRECTORY -- A listing of two or more business enterprises consisting of a matrix and sign components.

SIGN STRUCTURE -- The supports, uprights, bracing and framework for the sign. In the case of a "sign structure" consisting of two or more sides where the angle formed between any two of the sides or the projection thereof exceeds 30°, each side shall be considered a separate sign.

SIGN SURFACE AREA -- The entire area within a single, continuous perimeter enclosing all elements of the sign which form an integral part of the display. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display. Both faces of a double-faced sign shall be included as surface or area of such a sign.

TEMPORARY SIGN -- A sign that is not permanently affixed to a building or the ground for a period not to exceed 30 days within a ninety-day period, unless otherwise specified by Town Code.

WALL SIGN -- A sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall and not extending more than nine inches from the face of such wall.

WINDOW OR DOOR SIGN -- Any sign visible from a sidewalk, street, parking area or driveway or other public space, that is painted or affixed to glass or other material, but not including temporary graphics associated with the sale of products.

C. Criteria. The administrator of this ~ 81-21 shall consider the following criteria for determining compliance with this section:

(1) Size, build mass.

(2) Materials.

(3) Structural members.

(4) Lighting and illumination.

(5) Orientation.

(6) General and specific locations.

(7) Proximity to strategists and intersections.

(8) Design, including character of lettering, logos and contents.

(9) Site and context.

(10) Number and frequency of existing signage within immediate vicinity.

(11) Zoning district regulations.

(12) Any other criteria the administrator deems pertinent to protecting the health, safety and welfare of the public.

D. Administration and application for permit.

(1) No sign as defined herein shall be hereinafter erected without first obtaining a permit from the administrator.

(2) Application for permit shall be made in writing, in duplicate, upon forms prescribed and provided to the administrator and shall contain the following information:

(a) Site plan showing the location of proposed sign(s), building(s) and lighting as well as existing signs, buildings, lighting and any other proposed or existing exterior display areas in relation to property lines.

(b) A sketch of proposed sign, drawn to scale, showing sign dimensions, exact layouts, actual type faces, lighting, and sign structure.

(d) For signs proposed on new buildings, elevation(s) of building indicating proposed sign location.

(e) Photographs and dimensions for all existing signs on the site.

(f) Name, address and telephone number of applicant and property owner. If the applicant is not the property owner, then signed permission of the property owner to place the sign is also required.

E. Application fee, expiration and renewal.

(1) Permit fees shall be set and promulgated by the Town Board and may be modified by the Town Board as may be necessary to defray the expenses of administration, compliance and enforcement of the provisions hereof.

(2) If the sign authorized under any such permit has not been completed within six months from the date of issuance thereof, such permit shall become null and void but may be renewed within 30 days from the expiration thereof, for good cause shown and upon payment of an additional fee as set by the Town Board.

(3) A determination by the administrator on the application for a sign permit must be made within 30 days of receipt of the application.

F. Nonconforming signs.

(1) On-premises signs legally erected or approved before the Effective Date

of this law which do not conform to the provisions of this section may continue to be maintained; provided, however, that no such sign shall be permitted if it is, after the adoption of this section, enlarged or reworded (other than signs with automatic or manually changing messages such as theater or cinema marquees), except to conform to the requirements of this section.

(2) In addition, any preexisting nonconforming signs which do not have a sign permit on record with the Town of Kinderhook must apply for a sign permit within one year of the Effective Date of this law.

G. Off-premises signs or billboards.

(1) There shall not be constructed in the Town of Kinderhook any new off-premises signs or sign faces. However, off-premise signs are permitted only in circumstances where two or more individual businesses share a driveway as per Section 81-21 P 2(d) below. In such cases, shared signs to service multiple parcels are encouraged.

(2) Off-premises signage in existence on the effective date of this section, which has been legally erected and maintained but which does not comply with the provisions hereof, may continue to be maintained and repaired in place so long as the size of the sign is not increased in terms of faces, length or height.

H. Removal of sign; revocation of permit.

(1) Any sign, existing on or after the effective date of this section, which no longer advertises an existing business conducted or product sold on the premises upon which the sign is located shall be removed within a twelve-month period.

(2) If the administrator shall find that any sign regulated herein does not comply with the law, is not used or is abandoned, unsafe, or unsecured or is a menace to the public, the administrator shall give written notice to the named owner of the sign and the named owner of the land upon which it is located, who shall remove or repair the sign within 60 days from the date of the notice. If the sign is not removed or repaired within the time period, the administrator shall revoke the permit if a permit has been granted for such sign and may remove or repair the sign and shall assess all costs incurred for such service against the owner of the sign.

(3) The administrator may cause any sign or decoration that is a source of immediate peril to persons or property to be removed immediately and without notice.

I. Variances.

(1) Any person aggrieved by the decision or action of the administrator under this section or any person wishing to construct, install or erect a sign other than as permitted herein shall be entitled to make application to the Board of Zoning Appeals for modifications of the provisions herein.

(2) Such applicants shall comply with all procedural requirements of the Board.

J. Violations. In the event that any sign erected and/or maintained within the Town of Kinderhook does not comply with the Code of the Town of Kinderhook; is not used or is abandoned or unsafe; or is a menace to the public health; the administrator shall give written notice to the owner of the sign and/or the owner of the land upon which it is erected or maintained who shall have 10 days from the date of mailing of the notice to the address of the property upon which the sign is erected or maintained to bring the sign into compliance or remove it. Failure to bring the sign into compliance or remove it within that period shall constitute a violation of the Code of the Town of Kinderhook and shall subject the violator to a civil penalty of $350 for the fist violation, $700 for a second violation within 5 years of the date of the first violation and $1000 for a third violation within 5 years of date of the first violation. The foregoing fines shall be in addition to the penalties provided in Section 81-63 thereof. If the property upon which the sign is erected does not have a local address notice of violation as provided herein shall become effective upon mailing it to the address to which the Collector of Taxes sends property tax bills with respect to said property. [ Amended 5-3-2004 by L.L.8-2004]

K. Waivers. Where the Board of Zoning Appeals finds that, due to the special circumstances of a particular application, the provision of certain required improvements is not in the interest of the public health, safety and general welfare or is inappropriate, it may waive such requirements.

L. Exceptions. For the purpose of this section, the term "sign" as hereinafter defined does not include signs erected and maintained pursuant to and in furtherance of any governmental function or required by any law, ordinance, rule or regulation.

M. Exemptions. For the purpose of this section, the following signs may be erected and maintained without a permit or fee, provided that such signs comply with the general requirements of the law:

(1) Historical markers, tablets, statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations.

(2) Flags and insignia of any nation, government or school except when displayed in connection with commercial promotion.

(3) On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, not to exceed four feet per face and six feet in height and that do not convey an advertising message or logo.

(4) Non-illuminated "warning," "private drive," "posted" or "no trespassing" signs, not to exceed two square feet per face.

(5) One on-premises sign, either freestanding or attached, in connection with any residential building in a zoning district which permits professional offices or home occupations not to exceed two square feet. Such sign shall state name, vocation and telephone number only.

(6) Name and number plates, identifying residents, mounted on detached houses, mail boxes or multifamily houses of four units or less, that do not exceed one square foot in area.

(7) Address signs on multiple dwelling units of five or more that do not exceed two square feet.

(8) Private-owned merchandise sale signs for garage sales or auctions, not to exceed four square feet and one in number for a period not to exceed seven days.

(9) Temporary non-illuminated "for sale," "for rent," real estate signs and signs of a similar nature, concerning the premises upon which the sign is located. In a residential zoning district, one sign, not to exceed four square feet per side in area. In a business or industrial zoning district, one sign, not to exceed 50 square feet. All such signs shall be removed within 14 days after the sale, lease or rental of the premises.

(10) Temporary, non-illuminated window signs and posters, provided that such do not exceed 25% of the window surface.

(11) At gasoline stations, any integral graphics or attached price signs on gasoline pumps or otherwise required by state law.

(12) Directional signs for meetings, conventions and other assemblies.

(13) One sign, not exceeding six square feet in the residential zoning districts nor 16 square feet in nonresidential zoning districts, listing the architect, engineer, contractor, and/or owner, on premises where construction, renovation, repair is in progress.

(14) Political signs, not exceeding six square feet in residential zoning districts and not exceeding 16 square feet in nonresidential districts, that are in place for no more than 30 days and no longer than five days after the election.

(15) Temporary, nonilluminated signs, advertising seasonal agricultural goods and not to exceed 48 square feet and four in number and set back at least 10 feet from the property line.

(16) One temporary promotional banner or poster, not exceeding 16 square feet in size, located on property in nonresidential areas at least 10 feet from the property line.

[1] Non-illuminated signs on the interior sides of fences which enclose athletic fields own by the Town as sell as on scoreboards contained within these athletic fields, (adopted 11-10-03 by L.L. 5-2003)

N. Prohibited signs.

(1) No off-premises signs shall be allowed other than as permitted in ~ 81-21G.

(2) No sign(s) whose design, color or placement impairs visibility or causes confusion to vehicular or pedestrian traffic shall be allowed.

(3) No roof signs shall be allowed.

(4) No signs in nonresidential districts shall be attached to trees.

(5) No portable signs shall be allowed.

(6) No representational signs shall be allowed.

(7) No animated signs shall be allowed.

(8) No advertising message shall be spread over more than one sign.

(9) No signs shall be attached to utility poles.

O. Construction standards.

(1) General.

(a) All signs and their structures installed or approved after the effective date of this section shall be permanently marked with the Town of Kinderhook permit number.

(b) All illuminated signs shall be constructed in conformance with the Standards for Electric Signs (U.L. 48) of Underwriters Laboratories Inc., and bear the seal of the Underwriters Laboratories Label. If a sign does not bear the Underwriters Laboratories Label, the sign shall be inspected and certified by the New York Board of Fire Underwriters at the cost of the applicant. All transformers, wires and similar items shall be concealed. All wiring to freestanding signs shall be underground.

(c) All signs and their structures shall be securely anchored and constructed to prevent lateral movement that would cause wear on supporting connections. Freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area. Projecting signs shall not squeak or otherwise be audible.

(d) Signs and their structures must be kept clean, neatly painted and free from all hazards, such as but not limited to faulty wiring and loose fastenings. Signs and their structures must be maintained at all times in such a safe condition as not to be detrimental to the public health or safety.

(e) No sign shall be placed in the public right-of-way.

(2) Specific.

(a) Wall signs.

[1] Wall signs shall not extend beyond the ends or over the top of the walls to which attached and shall not extend above the level of the second floor of the building.

[2] Wall signs shall not extend more than nine inches from the face of the buildings to which they are attached.

[3] Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches.

(b) Projecting signs.

[1] The exterior edge of a projecting sign shall extend not more than five feet from the building face or 1/3 the width of the sidewalk, whichever is less.

[2] No part of a projecting sign shall extend into vehicular traffic areas, and any part extending over pedestrian areas shall have a minimum clearance of seven feet six inches.

[3] Projecting signs shall not extend above the buildings to which they are attached.

[1] Freestanding signs under which a pedestrian walkway or driveway passes must have a ten-foot vertical clearance from grade.

[2] Monument- or masonry-type signs or bases shall not exceed four feet in height and shall not be placed so as to impair visibility for motorists. Other freestanding signs cannot exceed 12 feet in height.

[3] No freestanding signs shall be located less than 10 feet from any property line.

(d) Awning signs.

[1] No sign shall project from an awning sign.

[2] Awning graphics may be painted or affixed flat to the surface of the front or sides and shall indicate only the logo or name of the business. Awning graphics, including lettering or logo, shall not exceed 20% of the visible surface area of the awning.

[3] The square footage determined by a rectangle outlining all logos and lettering on the awning sign must be included in determining the site's total permitted sign surface area.

(e) Other signs.

[1] Window and door signs shall not exceed 20% of the area of the window or door area.

[2] The copy change portion of any sign shall be limited to 35% of total sign area. The copy change elements must be maintained with all letters, numbers or other characters necessary to fully convey the intended message in place.

P. Sign surface area requirements.

(1) Residential districts.

(a) Sign surface area requirements for signs in residential zoning districts are as noted in ~ 81-21M.

(2) Nonresidential districts.

(a) The maximum sign surface area requirements for signs in nonresidential districts, unless otherwise stated in ~ 81-21M or N, is 80 square feet of signage or two square feet per linear foot of building frontage, whichever is less.

(b) For buildings with less than 20 linear feet of frontage, a maximum of 40 square feet of total sign area shall be permitted.

(d) Where two or more businesses are located on the same property or are individual business properties that are contiguous and served by common entrances, either one common freestanding sign denoting the name of the shopping facility or one sign directory shall be permitted, not exceeding 100 square feet. All other signs shall be attached to buildings, as in a wall or projecting sign. Total sign area permitted for the entire business on multiple parcels shall be calculated at the rate of two square feet of sign per linear foot of building frontage, not to exceed 80 square feet per business or 450 square feet.

Q. Design guidelines.

(1) Signs should be designed to be compatible with the surroundings and appropriate to the architectural character of the buildings on which they are placed.

(2) Sign panels and graphics should not obscure architectural features and should be in proportion to them.

(3) Layout of graphics and text should be orderly and of simple shape. Lettering should be professional looking.

R. Repealer. All ordinances and provisions of this chapter or other legislation in conflict with the provisions and intent of this section, to the extent of such conflict, shall be and are hereby repealed.

S. Severability. If any decision, subsection, sentence, phase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate and distinct and such holding shall not effect the validity or constitutionality of the remaining portion thereof, which shall remain in full effect.

T. When effective. This section shall take effect upon final passage.

~ 81-22. Mobile homes and Trailer Camps.

Mobile homes are required to have building permits and be constructed and installed in accordance with federal regulations and the New York State Fire Prevention and Building Code. Mobile home parks must have both Department of Health approval as well Site Plan approval from the Town Planning Board. Mobile home parks are permitted only in those areas designated by the Town Zoning Map as MP.

A. Mobile Home Parks

(1) Mobile home park sites.

(a) The park shall be located in areas where grades and soil conditions are suitable for use as mobile home lots.

(b) The park shall be located on a well-drained site which is properly graded to ensure rapid drainage and be free at all times from stagnant pools of water.

(c) The park shall be free from heavy or dense growth of brush and woods which may cause a fire hazard in the immediate area of the mobile home lots.

(d) Each trailer park shall have a minimum of 350,000 square feet and have at least 200 feet of frontage on a public road.

(e) Accessory structures shall comply with the New York State Building Code and be no less than five feet away from any mobile home.

(f) Accessory buildings greater than 150 square feet shall be set back 50 feet from the property line.

(g) Expansion of Mobile Home Parks. Any alteration of an existing mobile home park including, but not limited to, changing the number of lots, changing lot sizes or lot configuration, is subject to a new site plan review by the Planning Board prior to any expansion.

(h) Replacement of Mobile Homes in a Mobile Home Park.. Replacement of an existing mobile home in a mobile home park with another mobile home is permitted.

(2). Mobile home lots.

(a) Each mobile home park shall be marked off into mobile home lots.

(b) Each mobile home lot shall have a total area of not less than 10,000 square feet with a minimum dimension of 50 feet of frontage on an access road.

(d) Each mobile home unit site shall be suitably graded to provide adequate drainage.

(e) Every mobile home shall be enclosed with solid skirting with adequate ventilation.

(3) Placement of mobile homes.

(a) No mobile home shall be parked or otherwise located nearer than a distance of:

(1) At least 50 feet from an adjacent mobile home in any direction.

(2) At least 50 feet from an adjacent property line.

(3) At least 100 feet from the right-of-way line of a public street or highway.

(4) At least 15 feet from the nearest edge of any roadway location within the park.

(4) Accessibility of streets and driveways.

(a) Each mobile home park shall be easily accessible from an existing public highway or street.

(b) Each mobile home park shall provide two points of entry and exit, but in no instance shall the number of entry and exit points exceed four.

(1) Such entrances and exits shall be designed and strategically located for the safe and convenient movement into and out of the park and to minimize friction with the free movement of traffic on a public highway or street.

(2) All entrances and exits shall be at right angles to the existing public highway or street.

(3) All entrances and exits shall be free of any material which would impede the visibility of the driver on a public highway or street.

(4) All entrances and. exits shall be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached.

(c) Each park shall have improved internal streets to provide for the convenient access to all mobile home lots and other important facilities within the park.

(1) The street system shall be designated as to permit safe and convenient vehicular circulation within the park.

(2) The streets shall be adapted to the topography and shall have suitable alignment and gradient for traffic safety.

(3) All streets shall intersect at right angles.

(4) All streets shall be constructed according to street development specifications as in Chapter A85 of the Town Code, except that:

(a) The developer need not grant the right-of-way to the town.

(b) Topsoil must be removed from a width of 36 feet.

(c) There shall be no obstructions, such as mailboxes, garbage cans, trees, etc., which may impede snow removal within 20 feet of the center line of any street within the park.

(5) Except in cases of emergency, no parking shall be allowed on such streets.

(d) An improved driveway shall be provided for each mobile home lot. This driveway shall have a minimum width of nine feet.

(5) Off-street parking.

(a) At least two off-street parking spaces shall be provided on each mobile home lot. The parking spaces shall be of similar construction and grading as the mobile home stand. Each space shall have a minimum width of nine feet and minimum length of 20 feet.

(b) Additional off-street parking spaces shall be provided at strategic and convenient locations for guests and delivery service vehicles.

(1) There shall be one such parking space for each five mobile home lots within the park.

(2) Adequate parking shall be provided at places of public congregation in compliance with ~ 81-18 of the Town Zoning ordinance.

(6) Utilities and service facilities.

(a) Each mobile home lot shall be provided with sewer and water hookups in accordance with the regulations and requirements of the Columbia County Department of Health, the New York State Department of Health, the Sanitary Code of New York State and other applicable governmental agencies.

(b) Mobile home park owners shall provide covered garbage cans or dumpsters of sufficient size and number to accommodate the quantity of trash generated by the tenants of the park. The garbage shall be collected and disposed of as frequently as may be necessary to ensure that such cans or dumpsters will not overflow or present a health hazard.

(c) Service buildings shall be provided as deemed necessary for the normal operation of the park. Such buildings shall be maintained by the owner or manager of the park in a clean, sightly and sanitary condition.

(d) Each mobile home lot shall be provided with weather-proof electric service connection and outlets which are a type approved by the New York State Board of Fire Underwriters or its equivalent.

(e) All utilities servicing a mobile home park shall be placed underground.

(f) Mailboxes for all mobile home lots shall be placed in a central location for which at least three parking spaces shall be provided.

(g) Accommodations for storm runoff must be made.

(7) Open space

(a) Each mobile home park shall provide common open space for use by the occupants of such park.

(b) Such open space shall be usable area set aside exclusively for recreation. Such space shall have a total area equal to at least 10% of the gross land area of the park.

(8) Landscaping.

(a) The unimproved portions of the park shall be landscaped with grass and other plantings as to improve the aesthetic look of the park. All proposed landscaped areas shall be clearly indicated on the site plan, and the type of treatment (grass, shrubs, etc.) shall be specified.

(b) Garbage storage areas, laundry facilities and other nonresidential uses shall be properly screened with plantings or fencing.

(c) There shall be a landscaped area of at least 20 feet wide along exterior lot lines and street frontages, suitably planted and maintained to provide visual screening from adjacent properties.

B. Trailer camps.

The establishment of trailer camps are required to have both Department of Health approval as well as obtain site plan approval from the Town Planning Board. Trailer camps are only permitted in those areas designated by the Town Zoning Map as MP.

(1) Trailer camp sites.

The provisions found in ~ 81-22 A(1) shall apply, except that sites for trailer camps shall be at least five acres in size.

(2) Travel trailer lots.

(a) Each trailer camp shall be marked off into trailer lots.

(b) Each travel trailer lot shall have a total area of not less than 2,500 square feet with a minimum dimension of 30 feet.

(3) Placement of travel trailers.

. (a) No travel trailer shall be parked or otherwise located nearer than a distance of:

(1) At least 20 feet from an adjacent travel trailer in any direction.

(2) The provisions found in ~ 81-22 (A) (3) (2 through 4) shall apply.

(b) Only one travel trailer shall be permitted to occupy any one trailer lot.

(4) Travel trailer stands.

(a) Each trailer lot shall have a travel trailer stand which will provide for the practical placement on and removal from the lot of the travel trailer and for the retention of the trailer on the lot in a stable condition.

(b) The stand shall be of sufficient size to fit the dimensions of the anticipated travel trailers.

(c) The stand shall be constructed of an appropriate material which is durable, compacted and adequate for the support of the maximum anticipated loads.

(d) The stand shall be suitably graded to permit rapid surface drainage.

(5) Accessibility.

The provisions found in ~ 81-22 (A) (4) (a, b, and c) shall apply.

(6) Off-street parking.

One off-street parking space shall be provided on each trailer lot. The parking space shall be of similar construction and grading as the trailer stand. Such space shall have a minimum width of nine feet and a minimum length of 20 feet.

(7) Utilities and service facilities.

Each trailer camp shall be provided with basic utilities and amenities in accordance with the regulations and requirements of the Columbia County Department of Health, the New York State Department of Health, the Sanitary Code of New York State, the New York State Building Code and the American Disabilities Act, relevant provisions of ~ 81-22 (A) (6) and any other applicable government agencies.

(8) Open space and landscaping.

The provisions found in ~ 81-22 (A) (7) and (8) shall apply.

C. Trailer camp and mobile home park located on single parcel.

Separate physical locations are required for trailer camps and mobile home parks placed on the same legal parcel of land and shall be arranged according to their respective sections of this chapter, except as herein provided:

(1) The parcel of land which is to provide for both a mobile home park and trailer camp shall be at least 30 acres in size.

(2) The trailer camp and mobile home park shall be physically separated by a parcel of land at least 20 feet in width along all areas where the trailer camp abuts the mobile home park. Such parcel of land shall be properly landscaped with appropriate planting materials so that the mobile home park is adequately screened.

(3) The trailer camp and the mobile home park shall each have separate points of entry and exit. Where the parcel of land fronts on two or more existing public highways or streets, the trailer camp shall be located adjacent to the public highway or street that is most heavily traveled.

D. Mobile homes and travel trailers located outside zoning designated districts.

(1) No person shall use any mobile home or travel trailer for living or sleeping quarters or the conduct of any business or professional occupation or trade or as an accessory use unless it is located in zoning designated area except as follows:

(a) An owner of land may place a mobile home or travel trailer on said land not withstanding the fact that it is located in a zoning district that prohibits such use when a residence located on the land has been rendered uninhabitable by fire, storm or other calamity over which the home owner has no control .The said mobile home or travel trailer may only be used as a temporary residence by the landowner or his employees and it must be removed from the land within one year of its placement or when a Certificate of Occupancy has been issued for the residence upon its reconstruction or rehabilitation, whichever is earlier. [Amended 11-15-2004 by L.L. 13-2004]

(b) The Code Enforcement Officer may grant a permit to the owner of a farm to set up not more than two mobile homes to be occupied only by full-time farm workers and their families, who are employed either by the owner or by a tenant of such farm, provided that such tenant is engaged in the operation of such farm, and provided that the mobile homes are located on a lot of at least 100 feet x 150 feet and no closer than 15 feet to the farmhouse or any farm buildings, and provided that the lot is free from drainage problems and fenced off from farm animals; provided further that the mobile homes comply with the provisions of ~ 81-22 (D) (3). If the mobile home is not occupied for a period of more than 90 consecutive days by a full-time farm worker who works on the premises, the permit becomes void.

(2) No mobile home or travel trailer shall be parked or allowed to remain upon any street, highway or other public place, except that emergency stopping or parking, when caused by mechanical failure, shall be permitted upon the shoulder of any street or highway for a period of not more than 72 hours, subject, however, to any prohibition or limitation imposed by other regulations or laws.

(3) Placement of mobile homes on lot.

(a) A mobile home outside a mobile home park shall meet the required setback and side yard requirements of the district in which it is located.

(b) No mobile home shall be placed less than 15 feet from any other existing or proposed building.

(c) Any mobile home parked or placed outside a mobile home park shall have water and sewer service as required by ~ 81-22. (A) (6).

E. Preexisting mobile homes.

A mobile home which is lawfully in existence prior to February 18, 1969 (Note: date of enactment or original trailer ordinance), but not located in a mobile home park, may be continued to be used as living quarters by its occupants, provided that it is on the tax rolls as the effective date of this section.

F. Exceptions.

None of the provisions of mobile home or travel trailer sections shall be applicable to the following:

(1) The business of mobile home or travel trailer sales, unless they are used for living quarters.

(2) The storage or garaging of mobile homes or travel trailers not being used for living or sleeping purposes within a building or structure or the storage of one unoccupied travel trailer on premises occupied as the principal residence by the owner of such travel trailer; provided, however, that such unoccupied travel trailer shall be parked or located on the side or rear driveway of such premises and shall meet setback requirements for the district.

(3) The temporary parking of one occupied travel trailer on any residential lot. For the purposes of this section, "temporary" shall mean not longer than 30 days in any year. The location of the travel trailer shall meet the requirements of ~ 81-22(F) (2).

(4) A mobile home or travel trailer located on the site of a construction project, survey project or other similar work project and which is used solely as a field office or work or tool house in connection with such project, provided that such mobile home or travel trailer is removed from such site within 10 days after the completion of such project.

~ 81-23. Cemeteries.

No burial or memorial plots or buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge or a wall or landscaped strip at least six feet in height providing complete visual screening from all adjacent residential property is provided, burial or memorial plots less than six feet in height may be located no closer than 20 feet to any residential lot line.

~ 81-24. Sanitary disposal.

No person shall undertake to construct any new building or structure in the Town of Kinderhook without first meeting the requirements for a system or facilities for the separate disposal of waterborne sewage, domestic or trade wastes in accordance with applicable regulations of the town, the Columbia County Department of Health and other governmental authorities. New seepage pits are prohibited.

~ 81-25. Residential cluster development.

In order to promote the health and general welfare of the community and to preserve and make available open space outside the prime farmland overlay district, the Town Planning Board may grant a developer the right to subdivide a parcel of land according to the conservation subdivision principles and procedures. See Town of Kinderhook Code, Chapter 63, Subdivision Regulations, Article V.

~ 81-26. Floodplain District.

A. The areas of the municipality which are subject to periodic inundation as delineated on or identified by the National Federal Insurance Administration (or Federal Engineering Management Agency) in a scientific and engineering report entitled the Federal Insurance Study of the Town of Kinderhook, dated the first day of June, 1982, with the accompanying Flood Insurance Rate Map and flood boundaries and any revisions thereto, which study is on file with the Town Clerk of the Town of Kinderhook, be and hereby are designated as Floodplain Districts.

B. In the Floodplain Districts, no structure shall be erected, constructed, reconstructed, altered, located, extended, converted or moved without full compliance with the terms of Chapter 47 of the Code of the Town of Kinderhook. The Floodplain Districts, which are indicated and delineated as any area of special flood hazard established pursuant to the study above mentioned, are considered to be superimposed by this section upon the zoning district existing at the time of the enactment of this section or at the time that Floodplain Districts were first established in the Town of Kinderhook. The only uses permitted in the Floodplain Districts, either by right, conditionally or by special permit, and those uses prescribed in the districts over which Floodplain Districts are superimposed. In addition to any compliance required by Chapter 47 of this Code of the Town of Kinderhook, the approvals required by the general provisions of this chapter shall also apply.

C. An application made involving the use of any land within the Floodplain Districts must comply and shall be governed by the provisions of Chapter 47 of the Code of the Town of Kinderhook.

D. In order to prevent erosion and protect stream water quality, all new structures must be set back 100 feet from the center of any year-round stream having no mapped floodplain. Natural vegetation shall be retained in this setback.

E. Notwithstanding the provisions of this chapter, the penalties for noncompliance with Chapter 47 shall be governed by ~ 47-8 of the Code of the Town of Kinderhook.

~ 81-27. Special use permits.

A. General provisions. As used in this section the term “special use permit: shall mean an authorization of a particular land use which is permitted in this Local Law, subject to requirements imposed by this Local Law to assure that the proposed use is in harmony with such local law and will not adversely affect the neighborhood if such requirements are met. Any addition to or enlargement of such use will require a separate special use permit for each addition or enlargement. Special Use Permits shall be granted by the Planning Board.

B. Required plan. A plan for the proposed development of a site shall be submitted along with ten copies of the required plan and the application for a special use permit to the Planning Board. Such plan shall include the following: (Amended 7/27/05 by L.L. 8-2005)

(1) A Site Plan if such is required under Article III of this Chapter.

(2) An Agricultural Data Statement, if required under Section 305-a of the New York State Agriculture and Markets Law.

(3) An Environmental Assessment Form or Draft Environmental Impact Statement.

(4) The Special Use Permit fee, as may be established by the Town Board.

(5) A brief narrative describing the proposed use.

(6) A plot plan, drawn to scale with accurate dimensions providing information on the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of this chapter.

C. Procedure

(1) In each case where a proposed building or use requires a special use permit, as described in ~ 81-7, the Building Inspector shall refer the required plan for such proposal to the Planning Board for review before issuing a building permit.

(2) Before filing an application, an informal meeting with the Planning Board is highly recommended to discuss the nature of the proposed use and to determine the information that will need to be submitted.

(3) Upon receipt of all application materials, the Planning Board shall initiate the New York State Environmental Quality Review Act process by following the procedures described in Section 617.6 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

(4) Upon receipt of application materials it deems to be complete, the Planning Board shall refer to the Columbia County Planning Board any application for a Special Use Permit affecting real property within 500 feet of the boundary of any city, village or town; the boundary of any existing or proposed county or state park or any other recreation area; the boundary of any existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; the boundary of any existing or proposed county or state owned land on which a public building or institution is situated; or the boundary of a farm operation located in an agricultural district, as defined by Article 25AA of the Agriculture and Markets law. No action shall be taken on applications referred to the Columbia County Planning Board until its recommendation has been received, or 30 days have elapsed after its receipt of the complete application. A majority plus one vote of the Planning Board shall be required to grant any Special Use Permit that receives a recommendation of disapproval from the Columbia County Planning Board.

(5) The Planning Board shall conduct a public hearing within 62 days from the day a complete application for a special use permit is made. Public notice of the hearing shall be printed in the newspaper of general circulation in the Town at least ten days prior to the date of the hearing. The Planning Board shall grant, deny, or grant with conditions the application within 62 days after the hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

(6) Whenever the Planning Board grants a special use permit, appropriate conditions and safeguards and/or time limitations may be attached thereto. Such conditions and restrictions must be directly related to and incidental to the proposed special use permit. Upon its granting of a special use permit, any such conditions must be met in connection with the issuance of permits by the building inspector or code enforcement officer of the Town of Kinderhook.

(7) The Planning Board shall file its decision with the Town Clerk within 5 business days after the decision is rendered. A copy of the decision shall be mailed to the applicant.

(8) Any special use permit which is not exercised within one year from the date of issuance is hereby declared to be revoked without further hearing by the Planning Board.

(9) The Planning Board may adopt such rules and regulations as it deems necessary and consistent with the provisions of this subsection to exercise the power granted herein.

(10) Application for Area Variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with this zoning law, application may be made to the Zoning Board of Appeals for an area variance without the necessity of a decision or determination by the Building Inspector.

D. Decision Making. Before issuing a special use permit, the Planning Board shall take into consideration the public health, safety, morals and welfare and shall assure itself of the following:

(1) That there shall be no detrimental effect by the establishment of such use on other uses within the district.

(2) That such use will be in harmony with the orderly development of the district and that the location, nature and height of buildings, walls, fences and parking areas will not discourage the appropriate development and use of adjacent lands.

(3) That all structures, equipment and materials shall be reasonably accessible for fire and police protection.

(4) That the use meets the prescribed requirements for the district in which located, including minimum yard requirements for the district in which located or as further specified in this section, and including maximum height, required off-street parking and sign regulations.

(5) That no undesirable change will be produced in the character of the neighborhood or that negative impacts to nearby properties or to the environment will be created by granting of the special use permit

(6) That there is suitability of the property for the proposed use considering its size, topography, vegetation, soils, hydrology and if appropriate, its ability to be buffered or screened from neighboring properties and public roads.

E. Prescribed standards for Certain Uses. In addition to the above general provisions, the following uses shall comply with the following prescribed standards:

(1) Farm Markets. The purpose of this section is to protect and regulate the establishment and operation of farm markets, as defined in ~ 81-2, so they may continue to be a resource for farmers and tourism for the Town of Kinderhook.

(a) The size of the retail portion of the farm markets must not exceed 1,600 square feet.

(b) At least 75% of the retail floor area must be utilized for the sale of agricultural, dairy or horticultural products.

(d) Farm markets can offer either preharvested or customer-picked products.

(e) Minimum parking requirements are one space for 100 square feet of retail floor space.

(f) Parking lots shall have a surface cover of either gravel or crushed stone.

(2) Hospital, nursing home, convalescent home, sanatorium, institution or philanthropic use.

(a) The total building area shall not exceed a lot coverage of 30%.

(b) Primary access to such use shall not be a minor street or any other street designed to serve primarily as access to abutting residential properties.

(c) Off-street parking areas and outdoor storage areas shall be screened from adjacent residential properties. Any lighting shall be so arranged as not to cause glare on adjacent properties.

(d) No building shall be located within 100 feet of any lot line.

(3) Hotel, restaurant, bar or nightclub, skating rink, theater, concert hall, commercial recreation uses.

(a) Primary access to such use shall not be a minor street or any other street designed to serve primarily as access to abutting residential properties, but shall be by means of a collector street, arterial street, state highway or county road.

(b) Such use shall meet the off-street parking requirements of this chapter. Such off-street parking and lighting in connection with such use shall be screened and shielded from adjacent residential properties.

(4) Camps.

(a) The water supply and sewage disposal systems shall comply with the codes, ordinances and regulations of the appropriate authorities.

(b) No structure shall be located within 100 feet of a side or rear property line nor within 50 feet of a street right-of-way line.

(c) One off-street parking space shall be provided for each five persons of capacity and one additional space shall be provided for each two employees.

(d) A swimming pool or recreational activity shall not be located closer than 100 feet to a side or rear property line nor within the required front yard and shall be screened by a stand of trees, fence, hedge or wall from adjacent properties to the sides and rear.

(5) Two-family dwelling, multifamily dwelling, boarding-house.

(a) (Reserved)

(b) There shall be off-street parking provided on the same lot as the principal use at least equal to the minimum requirements specified by this chapter. Off-street parking accessory to a multifamily dwelling shall not be located in a front yard or side yard abutting a street and shall be screened from adjacent properties.

(d) The primary access to a multifamily dwelling shall not be a minor street designed to serve primarily as access to single-family residential units, but shall be by means of a collector street, arterial street, county road or state highway.

(e) Two-family dwellings, multifamily dwellings and boardinghouses shall meet the minimum specified front yard, side yard, rear yard, coverage and maximum height requirements specified on the Density Control Schedule for the district in which located.

(f) Signs accessory to a multifamily dwelling shall comply with the regulations in ~ 81-21A(2).

(6) Airports and flying fields. In addition to the standards specified in Subsection C of this section, there shall be a finding that such airport or flying field shall not cause a hazard to or be detrimental to nearby properties and buildings both in the town and adjacent municipalities, considering the location of buildings accessory to the airport or flying field, approach and takeoff patterns and lights.

(7) Electric or gas utility substations, transformer stations, water or sewage pumping stations and other similar structures.

(a) Such use is reasonably necessary for the service, convenience or welfare of the public and cannot be located in another district.

(b) Such use will not alter or be detrimental to the character of the neighborhood.

(8) (Reserved)

(9) Excavation for soil mining. Excavation for the purpose of soil mining, such as gravel pits, quarrying or any subsoil removal shall be allowed only by special use permit in the I-1 Districts and shall also be allowed as an accessory use to an agricultural use in the A/R District, all subject to ~ 81-17 and upon the following conditions:

(a) The minimum lot size for an extractive operation in the AR District is 7 acres.

(b) The minimum front, side and rear yard setback for an extractive operation in the AR Zone is 250 feet measured from the property line to the closest part of the edge of the extractive operation.

(c) No such extractive operation or soil mining in the AR Zone shall be permitted unless the same has frontage on or is accessed by a highway maintained by the State of New York or County of Columbia.

(d) Extractive operation and soil mining shall only be allowed as an accessory use to a farm in the A/R Zone. For the purpose of this section, the term "farm" shall be as defined by the New York State Agriculture and Markets Law and consisting of at least 10 acres in size and generating at least $10,000 in annual gross income from agricultural activities. The total amount of material sold for off-premises consumption under this subsection in any twelve-month period shall not exceed 750 cubic yards. The applicant and the permittee claiming this exemption must be the property owner of the land upon which the extractive operation or mine is located.

(e) Before a special permit is issued, the applicant shall submit to the Planning Board seven copies of a map at a scale of one inch equals no more than 100 feet, showing all land within 200 feet thereof, with exact locations of all buildings, streets, utilities, wells, drainage or other easements, watercourses, lot lines, block and lot numbers and names of the landowners. Such map shall also show the present topography at two-foot contour intervals. The map shall be signed by licensed engineer.

(f) The applicant shall also submit to the Planning Board seven copies of the proposed plan of excavation at the same scale as above, showing the proposed finished elevations at one-foot contour intervals and the proposed drainage plan.

(g) Rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical or chemical process for treating the product of such excavation shall be prohibited.

(h) The proposed finished grading plan shall show the land to be graded.

(i) When considering a request for a special permit for extractive operation and soil mining activities the Planning Board shall take into consideration the following:

[1] Entrances and exits on a locally controlled road

[2] Setbacks from other property and public right-of-way.

[3] Dust control and noise control so as not to impact surrounding properties.

[4] Natural or man-made barriers or screening to control dust or noise as well as to limit the visual impacts from such activity.

(j) The applicant shall be required to furnish a performance bond, in an amount determined by the Town Engineer to be sufficient to guarantee completion of the finished grading, drainage plan and all reclamation. Such bond shall be released only upon certification by the Town Engineer that all requirements, including the finished grading, reclamation and drainage, have been complied with.

(k) No special permit for excavation operations or soil mining shall be granted for a period of more than three years, but such permit may be extended for an additional two years upon approval of the Planning Board.

(l) Upon approval, one copy of the approved excavation plan shall be returned to the applicant by the Town Clerk, together with the special permit and payment of engineering and inspection fees necessary to pay for the cost of the Town Engineer to inspect the permitted activity at least once annually.

(m) The Town Engineer and Code Enforcement Officer shall have the right to access any permitted extractive operation or mine upon reasonable notice for the purpose of verifying compliance with any condition of any permit. Any violation will result in the immediate suspension of extractive or mining activities. In addition to any fine for any violation, the applicant also agrees to pay to the town any costs incurred for inspecting any alleged violation.

(10) Gasoline filling stations. In addition to complying with the provisions of Subsection C of this section, gasoline filling stations shall comply with the provisions of ~ 81-20.

(11) Commercial parking lots. In addition to complying with the provisions of Subsection C of this section, commercial parking lots shall comply with the provisions of ~ 81-17H.

(12) Golf driving range, miniature golf range.

(a) A golf driving range shall be so laid out that there will be no danger to surrounding properties or to traffic on any street, and shall be suitably fenced to assure protection.

(b) One off-street parking space shall be provided for each golf driving tee and each hole in a miniature golf range.

(c) Screening shall be provided along all side and rear lot lines, of a character and depth deemed necessary to screen buildings, structures, lights and signs from adjacent residences.

(13) Automobile repair.

(a) All materials, damaged vehicles or vehicles to be repaired or serviced shall be screened from adjacent properties and streets.

(b) All repair work shall be within a completely enclosed building.

(14) Bed-and-breakfast.

(a)

Such a use must comply with all regulations of the Columbia County Department of Health.

(c) In addition to the required lot size, there shall be an additional 10,000 square feet for each bedroom let to guests.

(d) There shall be one parking space for each guest room, which parking space shall be located in the rear or side yards of the lot.

(e) The property and structure sought to be used as a bed and breakfast shall be the primary residence of the owner.

(f) A bed and breakfast shall be entitled to one sign not larger than two square feet.

(g) There shall be no exterior lighting or illumination that conflicts with the neighboring property.

.F. Additional conditions. In issuing a special use permit, the Planning Board may require any walks, fences or landscaping or attach such conditions as it deems necessary to protect the value of adjacent properties or to prevent any hindering of the appropriate use of adjacent land.

G. Required Findings

(1) The Planning Board shall not issue a Special Use Permit unless it makes a written finding that the proposed use, if conducted pursuant to the conditions attached to the Special Use Permit, will satisfy the standards for use and the zoning district. If the Planning Board can not make such a finding, it shall deny the Special Use Permit application.

~ 81-28. Accessory apartment dwelling unit.

A. An accessory apartment dwelling unit shall be located only in an existing (as of September 1, 1990) owner occupied, one-family dwelling for which a valid certificate of occupancy shall have been issued and which owner-occupied, one-family dwelling is located in a RC, A/R or R-2 Zone. The owner of the property shall occupy either the existing dwelling or the accessory apartment as the owner's principal residence.

B. Occupancy of the existing dwelling and accessory apartments shall be limited as follows:

(1) One shall be occupied by the owner as a principal residence.

(2) The other shall be occupied by a person (and his or her immediate family, i.e., parents, spouse and children) who is a permanent resident/tenant or who is actually employed in the Town of Kinderhook.

(3) Occupancy of either unit by a person other than the owner (and his or her immediate family, i.e., parents, spouse and children) shall be prohibited.

(4) Such apartment shall not be occupied until a certificate of occupancy shall have been issued therefor, which certificate shall indicate that the accessory apartment unit is a temporary use and is authorized only so long as an accessory apartment permit therefor is in full force and effect.

C. An accessory apartment dwelling unit:

(1) Shall consist of not less than 400 square feet of livable floor area.

(2) Shall have one entrance from the outside separate from that utilized by the existing dwelling, but there shall not be two entrances facing any street. A single front entrance leading to a foyer with entrances therefrom to the two units shall be permissible.

(3) Shall not be located, in whole or in part, above the second story.

D. Off-street parking shall be provided for the accessory apartment dwelling unit at the rate of one space for each 400 square feet or part thereof of livable floor area.

E. An accessory apartment dwelling unit shall not be permitted if it results in more than two dwelling units per parcel of land.

F. The existing dwelling unit and accessory apartment shall conform to this chapter and shall be equipped with fire and smoke detector devices. It also shall comply with all relevant municipal regulations relating to water and septic service.

G. No building permit or certificate of occupancy shall be issued for an accessory apartment dwelling unit until a site plan therefore shall have been approved by the Planning Board.

H. Accessory apartment permits.

(1) An accessory apartment dwelling unit shall not be occupied until an accessory apartment permit shall have been granted therefor, and such apartment shall only be occupied so long as an accessory apartment permit therefor is in full force and effect.

(2) An accessory apartment permit shall be granted for a period not exceeding two years. Each renewal of an accessory apartment permit shall also be granted for a period not exceeding two years. If the written lease submitted pursuant to the provisions of this section is for a period of less than two years, the renewal thereof shall be granted for a period not exceeding the period of said lease.

(3) An accessory apartment shall be granted if the owner establishes that the proposed use and occupancy will comply with all applicable regulations of this chapter. Site plan submission to the Planning Board shall be required for renewal of the valid accessory apartment dwelling permit.

(4) An accessory apartment permit shall automatically terminate upon the death of the owner of a parcel for which such permit as issued, transfer of title by such owner, cessation by such owner of the use of the premises as his or her permanent residence or cessation of the use of the premises by the tenant in the written lease pursuant to the provisions hereof.

I. Site plan approval.

The application fee payable to the Planning Board for a site approval for an accessory apartment dwelling and for renewal of such site plan approval shall be as determined by the Planning Board from time to time and published in its fee schedule.

~ 81-29. Telecommunication towers/Facilities (Amended 1/2/08 by L.L. 7-2007)

The purpose of this section is to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunication towers in the community by encouraging shared use of existing and future towers; and to minimize the adverse visual effects of telecommunication towers by requiring careful siting, visual impact assessment and appropriate landscaping.

A. Definitions- For purposes of this Ordinance, and where not inconsistent with the context of a particular . section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. Only when not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word “shall” is always mandatory, and not merely directory. Definitions shall apply to this section only.

.“Accessory , Facility or Structure” means an accessory facility or structure serving or being used in conjunction with Wireless Telecommunications Facilities, and located on the same property or lot as the Wireless Telecommunications Facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets.

“Applicant” means any Wireless service provider submitting an Application for a Special Use Permit for Wireless Telecommunications Facilities.

“Antenna” means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.

“Co-location” means the use of an existing Tower or structure to support Antennae for the provision of wireless services by more than one provider.

“Commercial Impracticability” or “Commercially Impracticable” means the inability to perform an act on terms that are reasonable in commerce; the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardize the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be “commercial impracticable”.

“Completed Application” means an Application that contains all information and/or data necessary to enable an informed decision to be made with respect to an Application.

“FAA” means the Federal Aviation Administration, or its duly designated and authorized successor agency.

“FCC” means the Federal Communications Commission, or its duly designated and authorized successor agency.

“Height” means, when referring to a Tower or structure, the distance measured from the pre-existing grade level to the highest point on the Tower or structure, even if said highest point is an Antenna or lightening protection device.

“Modification” or “Modify” means, the addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or change out of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a Telecommunications Tower or Telecommunications Site as a co-location is a modification. A Modification shall not include the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing or changing anything.

“NIER” means Non-Ionizing Electromagnetic Radiation, such as radio waves emitted from a transceiver or mobile phone.

“Person” means any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more persons having a joint common interest, or any other entity.

“Personal Wireless Facility” see definition for ‘Wireless Telecommunications Facilities’

“Personal Wireless Services” or “PWS” or “Personal Telecommunications Service” or “PCS” shall have the same meaning as defined and used in the 1996 Telecommunications Act.

“Planning Board” means the Planning Board of the Town of Kinderhook.

“Repairs and Maintenance” means the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.

“Special Use Permits” see “Application” see 81-12

“Stealth” or “Stealth Technology” means to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such Wireless Telecommunications Facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.

“State” means the State of New York

“Telecommunications” means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

“Telecommunication Site” See definition for Wireless Telecommunications Facilities

“Telecommunications Structure/ Antenna” means a structure used in the provision of services described in the definition of ‘Wireless Telecommunications Facilities’.

“Tower” means any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.

“Wireless Telecommunications Facilities” means and includes a “Telecommunications Site” and “Personal Wireless Facility”. It means a structure, facility or location designed, or intended to be used as, or used to support Antennas or other transmitting or receiving devises. This includes without limit, Towers of all types and kinds and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for Antennas or the functional equivalent of such. It further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, Personal Communications Services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service not licensed by the FCC

B. (1) Applicability. No telecommunication tower, except those in existence with a current approved FCC license prior to the effective date of this section, shall be used unless in conformity with these regulations. Existing towers shall provide proof of current FCC license. No telecommunication tower shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a telecommunication tower unless in conformity with these regulations. Municipality owned facilities/lands within the Town may be used to serve as telecommunication towers without an application submission.

C. Application. An applicant proposing either the shared use of an existing tower or structure or a new telecommunication tower shall be required to submit to the Town Code Enforcement Officer the following:

(1) A completed application for a special use permit. Documentation that demonstrates the need for the telecommunications facility to provide service primarily within the Town. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed or existing sites that demonstrates a significant gap in coverage

(2) In the case of shared use of an existing tower or structure, documentation or permission from the owner of the existing facility to allow the shared use (including multi-directional elevation drawings).

(3) A site plan that shows all existing and proposed structures and improvements including antennas, roads, buildings, guy wires and anchors, parking and landscaping and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan. The site plan shall show the location of residential structures within 500 feet of the proposed facilities property lines. For new structures, site plan shall describe the proposed tower and antennae and all related fixtures, structures, appurtenances, dimensions, and apparatus, including height above pre-existing grade, materials, color and lighting.

(4) In the case of shared use, an engineer’s report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tower or structure and explaining what modifications, if any, will be required in order to certify the above.

(5) A completed long environmental assessment form (EAF) and a completed visual EAF addendum.

(6) A copy of its Federal Communication Commission license for applicable use.

D. Visual impact assessment. The Planning Board will require the applicant to undertake a visual impact assessment at his/her cost, which may include:

(1) A zone of visibility map shall be provided in order to determine locations where the tower may be seen.

(2) Pictorial representations of before and after views from key viewpoints both inside and outside of the town, including but not limited to state highways and other major roads, state and local parks, preserves and historic sites and from any other location where the site is visible to a large number of visitors or travelers.

(3) Prior to a public hearing on the application, a balloon or crane test shall be held. The applicant shall arrange to raise upon a temporary mast a brightly colored balloon measuring a minimum of three (3) feet in diameter to a height and for a period to be determined by the Planning Board. Notice shall be provided to Town residents. The dates, (including a second date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised by the Applicant seven (7) and fourteen (14) days in advance of the first test date in a newspaper with a general circulation in the Town. The Applicant shall inform the Town, in writing, of the dates and times of the test, at least fourteen (14) days in advance. The balloon shall be flown for at least four consecutive hours sometime between 7:00 AM and 4:00 PM on the dates chosen. The primary date shall be on a weekend, but in case of poor weather on the initial date, the secondary date may be on a weekday. A report with pictures from various locations of the balloon shall be provided with the application.

E. Permitted locations. Telecommunication towers are allowed only in I-1 Light Industrial Zoning Districts with a special use permit.

F. Shared use of existing towers. At all times, shared use of existing towers shall be preferred to the construction of new towers. The Board may consider a new telecommunication tower when the applicant demonstrates that shared use of an existing tower or structure is impractical.

G. Shared use of new towers. The applicant shall design a proposed new telecommunication tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Board a letter of intent committing the owner of the proposed new tower and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Code Enforcement Officer prior to the issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special use permit. The letter shall commit the new tower owner and his/her successors in interest to:

(1) Respond within 90 days to a request for information from a potential shared-use applicant.

(2) Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.

(3) Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

H. New tower design. Alternate designs shall be considered for new towers, including lattice and single-pole structures. The design of a proposed new tower shall comply with the following:

(1) Any new tower shall be designed to accommodate future shared use by other telecommunications providers.

(2) Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.

(3) The maximum height of any new tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state and/or federal law and/or regulation. The Board at its discretion may modify this requirement if the applicant can justify the need to exceed this height limitation. Notwithstanding the maximum height shall be justified by coverage needs demonstrated by propagation studies.

(4) The Board may request a review of the application by a qualified engineer, at the applicant's expense, in order to evaluate the need for and the design of any new tower.

(5) Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.

(6) No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners, etc.

(7) All antennas, towers, and other supporting structures including guy anchor points and wires, shall be made inaccessible to unauthorized individuals and constructed or shielded in such a manner that they cannot be climbed or collide with. Operation and service by authorized persons is permitted.

I. Site requirements.

(1) Lot size and setbacks. All proposed telecommunication towers and accessory structures shall be located on a single parcel and shall be set back from adjoining parcels and street lines a distance sufficient to substantially contain on-site all icefall or debris from tower failure and preserve the privacy of any adjoining residential properties. Such setback from property line shall be no less than 1.5 times the height of the tower.

(a) Lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel unless the Planning Board determines that this provision may be waived.

(b) Telecommunication towers shall comply with all existing requirements of the underlying zoning districts or shall be located with a minimum setback from any property line equal to or greater than the height of the tower, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.

(2) Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground), shall take place prior to the approval of the special permit.

(3) Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views of vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.

(4) Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the top of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

(5) Parking. Parking shall be provided to assure adequate emergency and service access. The Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required yard.

(6) Fencing. The tower and any accessory structure shall be adequately enclosed by a fence, design of which shall be approved by the Board. This requirement may be waived by the Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.

(7) Removal. The applicant shall submit to the Board a letter of intent committing the tower owner and his/her successors in interest to notify the Code Enforcement Officer within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Code Enforcement Officer prior to issuance of a building permit. Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to ~ 81-63.

(8) It shall be demonstrated that the proposed wireless facility will be sited and constructed so as to be the least visually intrusive. This may require enclosure, screening and or camouflage.

J. Notification.

(1) Inter-municipal notification of new towers. In order to keep neighboring municipalities informed and to facilitate the possibility of directing that an existing structure or telecommunication tower in a neighborhood municipality be considered for shared use, the Board shall require the following:

(a) An applicant who proposes a new telecommunication tower shall notify in writing the Mayor or Supervisor of each municipality that borders the Town of Kinderhook. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use.

(b) Documentation of this notification shall be submitted to the Board at the time of application.

(2) Notification of nearby landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 1,500 feet of the property line of the parcel on which a new tower is proposed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Board prior to the public hearing.

Retention of Expert Assistance and Reimbursement by Applicant.

(1)The Town may hire any consultant and/or expert necessary to assist the Town in reviewing and evaluating the Applicant, including the construction and modification of the site, when granted a permit, and any site inspections.

(2) An Applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Town in connection with the review of any Application including the construction and modification of the site, once

L. Performance Security

The Applicant and the owner of record of any proposed Wireless Telecommunications Facilities property site shall, at its cost and expense, be jointly required to execute and file with the Town a bond, or other form determined by the Town Planning Board. The full amount of the bond or security shall remain in full force and of security acceptable to the Town as to type of security and the form and manner of execution, in an amount as effect throughout the term of the Special Use Permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that, which existed prior to the issuance of the original Special Use Permit.

M. (A) A holder of a Special Use Permit for Wireless Telecommunications Facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the Special Use Permit in amounts as set forth below

Commercial General Liability covering personal injuries, death and property damage: $1,000,000 per occurrence/ $2,000,000 aggregate;
Workers Compensation and Disability: Statutory amounts

(B) For a Wireless Telecommunications Facility on Town property, the Commercial General liability insurance policy shall specifically include the Town and its officers, Councils, employees, committee members, attorneys, agents and consultants as additional insureds.

N. Under the following circumstances, the Town may determine that the health, safety, and welfare interests of the Town warrant and require the removal of Wireless Telecommunications Facilities.

Wireless Telecommunications Facilities with a permit have been abandoned (i.e. not used as Wireless Telecommunications Facilities) for a period exceeding ninety (90) consecutive days or a total of one hundred-eighty (180) days in any three hundred-sixty five (365) day period, except for periods caused by force majeure or Acts of God, in which case, repair or removal shall commence within 90 days;
Permitted Wireless Telecommunications Facilities fall into such a state of disrepair that it creates a health or safety hazard;
Wireless Telecommunications Facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required Special Use Permit, or any other necessary authorization and the Special Permit may be revoked.

81-30. Planned Unit Development

A. Applicability and Purposes

(1) A planned development area is the development of a tract of land as a single entity for mixed uses not otherwise allowed by the regulations governing the existing land use area. Thus, the purpose of a Planned Unit Development area is to zone an area for a variety of uses in a flexible manner. The Town of Kinderhook zoning law provides for planned development areas only in the industrial and business zones on parcels 10 acres or larger.

(2) Specific Purposes of Planned Unit Developments. The purpose of a Planned Unit Development is to allow variations or waivers to the fixed requirements of the existing land use areas otherwise imposed on development. Additionally, the Planned Unit Development concept fulfills the goals of the Town of Kinderhook Comprehensive Plan by allowing for:

(a) A more desirable working environment than may be possible through the strict application of land use regulations;

(b) A developer to use more creative approaches in their development of land; and

(d) A creative use of land and related physical development that allows for an orderly transition from rural to urban uses.

(d) Encouraging economic development through better business and employment opportunities.

B. Minimum Requirements for Establishment of a Planned Unit Development The minimum requirements for establishment of a Planned Unit Development shall be as follows: The area proposed for the Planned Unit Development shall be under single ownership both at the time of the application for the Planned Unit Development and when the Planned Unit Development is adopted. The area constituting the Planned Unit Development shall be ten or more acres in size.

C. Summary of Process to Establish Planned Unit Developments

(1) Town Board Approval: The establishment of a Planned Unit Development in the Town of Kinderhook is a legislative act. It is akin to a rezoning. When enacted, a Planned Unit Development constitutes an amendment to the Land Use Law of the Town of Kinderhook and the accompanying land use map. As a consequence, the establishment of a Planned Unit Development requires the approval of the Town Board of the Town of Kinderhook. Because the establishment of a Planned Unit Development is a legislative act, the Board of the Town of Kinderhook has the same amount of discretion in deciding whether to adopt a Planned Unit Development proposal as its does for any other legislative act. This means that the Town Board may deny Planned Unit Development approval for any constitutional reason. On the other hand, the Board may adopt a Planned Unit Development only if it complies with the standards set forth below and is in accordance with the letter and spirit of the Comprehensive Plan of the Town of Kinderhook.

(2) Planning Board Approval: The Town Board adoption of a Planned Unit Development does not constitute site plan approval. The Town Board may approve only the type of uses proposed in the Planned Unit Development. Because the Town Board approves the general outlines of the plan, . the Board establishes the allowable uses in the Planned Unit Development as well as determines whether the uses are permitted uses or uses subject to Special Use Permits and site plan approval. Once the plan is approved, the Planning Board must approve site plans and special use permits (if applicable) for the approved uses. The Planning Board shall, however, serve in an advisory role to the Town Board during the consideration of a Planned Unit Development proposal.

D. Standards for Adoption of a Planned Unit Development: The Town Board shall consider and make findings regarding each of the following factors in legislating any Planned Unit Development:

(1) Compatibility with the surrounding area;

(2) Harmony with the character of the neighborhood;

(3) Need for the proposed development;

(4) The effect of the proposed Planned Unit Development upon the immediate area;

(5) The effect of the proposed Planned Unit Development on the future development of the area;

(6) Whether the Planned Unit Development is warranted by virtue of the design and amenities incorporated into a proposed development plan;

(7) Whether the land surrounding the Planned Unit Development can be planned in coordination with the Planned Unit Development;

(8) Whether the proposed Planned Unit Development conforms with the Comprehensive Plan;

(9) Whether the existing and proposed streets are adequate to carry anticipated traffic in and around the proposed district;

(10) Whether the existing and proposed utility services are adequate for the proposed development; and

(11) Whether the Planned Unit Development makes it possible for the creation of a creative, innovative, and efficient use of the property than would occur over the existing land use regulations.

The Town Board must also find that the property proposed for a Planned Unit Development is ten acres or more in size and that the land is under single ownership. The creation of a Planned Unit Development is subject to the State Environmental Quality Review Act (Article 8 of the New York State Environmental Conservation Law). Approval of a Planned Unit Development does not constitute site plan review or Special Use Permit approval, which are obtained from the Planning Board for specific uses authorized in the Planned Unit Development.

E. Detailed Procedures for Adoption of a Planned Unit Development

(1) Application Requirements: The original application for a Planned Unit Development and six copies shall be submitted to the Town Clerk at least twenty business days before the next meeting of the Town Board. The application shall consist of the following:

(a) The standard form application obtainable from the office of the Town Clerk;

(b) The required application fee, which shall be reviewed annually by resolution of the Town Board;

(d) A sketch map (drawn to scale) showing the entire parcel of land proposed for the Planned Unit Development, the location of proposed uses and major buildings, the proposed development density, proposed uses and housing types (if applicable), lay_out of roads, location of all entrances to the Planned Unit Development parcel of land, and all proposed open spaces;

(e) A perspective drawing or computer simulation showing the development from State, County, or Town (to simulate the look of the development to pedestrians and motorists from State, County, or Town); and

(f) A narrative describing the design and architectural policies for the Planned Unit Development, the developers proposed treatment of environmentally sensitive lands (if any), and a time frame for phased development (if applicable).

(2) Application Procedures: The Town Board shall determine whether the application is complete at its first meeting following timely submission of an application for a Planned Unit Development. If the Town Board determines that the application is not complete, the Board shall notify the applicant in writing why the application is incomplete. If the application is determined to be complete, the Board shall send a copy of the complete application to the Planning Board for its advisory opinion. The Town Board shall not act on any application for a Planned Unit Development until it has received the Planning Board's recommendations on the application.

(3) Review of Application: The Town Board may engage experts, including, but not limited to, professional planners, architects and engineers in reviewing the Planned Unit Development proposal. The applicant shall bear the reasonable expense of engaging such experts.

(4) Public Hearing: The Town Board shall not vote to approve a Planned Unit Development until it has held at least one public hearing on the application following the submission of a complete application and receipt of the Planning Board's recommendations on the application.

(5) Adoption of Planned Unit Development: The Town Board shall act on an application to establish a Planned Unit Development within ninety days following receipt of the Planning Board's recommendations. The Planning Board's recommendations shall be deemed to be received by the Town Board at the first regular meeting of the Town Board following the Town Clerk's receipt of the Planning Board's recommendations. The Town Board’s failure to act on a Planned Unit Development application within this period shall not be deemed to constitute a default approval of the application. The Town Board may adopt a Planned Unit Development only after following the procedures described above and making written findings regarding each of the standards set forth above for adoption of a Planned Unit Development. The Town Board shall cause the official land use map for the Town of Kinderhook to be amended to show the Planned Unit Development. The amendment shall also include a list of permitted, Special Use Permitted uses and uses requiring site plan review and any other minimum land use standards that the Town Board deems appropriate. The allowable density in a Planned Unit Development shall not be higher than the allowable density in the existing land use area. The minimum standards for all other aspects of the Planned Unit Development shall be those applicable to the existing land use area unless otherwise prescribed by the Town Board.

F. Planning Board Procedures: Once the Planning Board has received a complete application for a Planned Unit Development, it shall provide the Town Board with an advisory opinion before the next meeting of the Town Board.. The Planning Board may request additional information reasonably related to the Planned Unit Development application. If the Planning Board requests additional information, its time to render an advisory opinion is extended to the next meeting of the Town Board following receipt of such additional information. The time of receipt of such information shall be deemed to be the date of the regular meeting following submission of the information to the Clerk of the Planning Board.

G. Role of the Planning Board after Adoption of a Planned Unit Development: The Planning Board's role after a Planned Unit Development is adopted by the Town Board, is to review site plans and Special Use Permits for uses in the Planned Unit Development pursuant to the Planning Board's site plan approval powers, Special Use Permit authority and the State Environmental Quality Review Act. The provisions of this section are intended to supercede State law.

H. Additional Standards for Planned Unit Development :

(1) Building footprints in no case shall cover more than fifty percent of the total area of development.

(2) Planned Unit Development developments shall be protected by such reasonable and appropriate safety measures, devices, screening or yards in order to avoid or minimize any adverse effects on the development itself or in the surrounding area.

(3) Yard requirements for buildings may be modified except along the boundaries of the development area.

(4) All Planned Unit Development proposals shall be consistent with the need to minimize flood damage, all public utilities and facilities, such as sewer, gas, electrical and water systems, are located, and constructed to eliminate or minimize flood damage, and adequate drainage shall be provided so as to reduce exposure to flood hazards.

(5) All utilities must be buried underground in Planned Unit Development areas.

81-31. Design Standards

A. Purpose. The intent of these regulations is to protect and enhance the rural and historic character of Kinderhook. Specifically, the purpose for requiring design standards is to a) encourage retention of existing open spaces visible from public places or roadways; b) protect important visual resources such as hills, mountains, water bodies and historic resources; and c) to minimize the visual impact of new development from public rights- of- way.

B. Applicability. Design standards shall be required for all new commercial and multi-family construction within the Town of Kinderhook. These design standards shall be considered voluntary for new residential construction in the Heritage Overlay District. In the I-1 (Industrial) zone, these design standards shall not apply if the site cannot be seen from a public thoroughfare.

C. General Standards.

(1) Roadways and Utilities

(a) New roads shall follow a grid or modified grid pattern. However, the creation of dead-end streets will be allowed where the use of a grid, or modified grid system of streets is not applicable due to existing physical constraints on the site.

(b) For new development, and when existing lines are upgraded or repaired, locate wires underground, where feasible.

(2) Site Features

(a) When mature trees are removed as part of a development project, such trees should be replaced with trees of not less than two inches in diameter.

(b) In new development projects, re-planting with vegetation, including street trees, shall be done.

(c) Retain and restore traditional features such as trees, hedge rows, stone walls, fences, and signposts. Where no such features currently exist, maximize landscape planting at property edges to serve as buffers.

(d) Minimize vegetation clearing at edges of road.

(e) Minimize cut and fill in site development. Avoid siting new construction on prominent hilltops or ridges by place structures at lower topographic locations. Finished grades should be limited to no greater than a 2:1 slope, while preserving, matching, or blending with the natural contours and undulations of the land to the greatest extent possible.

D. Siting Standards

(1) Residential and Commercial Development

(a) Subject to the area and bulk regulations of this chapter, new construction must be located at the edges of fields or in cleared areas next to fields.

(b) Subject to the area and bulk regulations of this chapter, site new buildings and additions to minimize their visibility .

(d) Do not site new buildings above treetops or on crests of hills, as seen from public roads and places.

(e) Maintain or create a buffer of natural vegetation of at least 100 feet from the center of a stream in depth adjacent to existing wetlands and surface waters, including creeks, streams, springs and ponds. Such buffers are not required for parcels containing existing agricultural uses unless required for wetland protection by the New York State Department of Environmental Conservation.

(f) Each parcel may have one view tunnel created by limited removal or thinning of vegetation to allow visual access from the dwelling or building. Achieve views from sites by selective clearing of small trees and lower branches.

(g) Minimize crossing of steep slopes with visible roads and drives.

(h) Use open space and buffer planting between differing land uses.

(2) Commercial Development.

(a) Use roadways, sidewalks, and landscaping to control and separate vehicles and pedestrian movement.

E. Parking

(1) Locate parking behind structures and away from highway.

(2) If parking must be located to the front or side due to site constrains, provide a dense 10' wide landscape buffer (wall, hedge, berm, or combination) to minimize visual prominence of parking areas.

F. Service and Accessory Uses

(1) Use dense continuous plantings and/or fences to screen or hide from the street or other residential uses, all outdoor storage, service and related paved areas.

G. Signs

(1) Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors, and details of the building, as well as with other signs used on the building.

(2) Sign colors should be compatible with the colors of the building facade.

(3) Building mounted signs shall fit within the existing facade features, and shall not interfere with door and window openings, conceal architectural details or obscure the composition of the facade where they are located.

H Buildings Design and Form

(1) Traditional design features shall include, but are not limited to the following additional design features setback dormers, lanterns, turrets, bay windows, porticos, porches and historic facade projects when in scale with the facade, and masonry chimneys.

(2) Retain buildings and other features that reflect the existing rural and agricultural landscape of the area , including orchards, cultivated fields, farm buildings and barnyards. Buildings shall relate in scale and design features to the site and surrounding features. Continuity shall be achieved by the following, but not limited to use of maintaining cornice lines in buildings of the same height, by extending the horizontal lines of fenestration; and by echoing architectural styles an details, design themes, building materials, and colors used in surrounding buildings.

(3) Use building materials that are of wood clapboard, simulated clapboard, board and batten vertical, indigenous stone and brick shall be considered traditional building materials. Material selection should generally be consistent across entire building. Varied bands of siding materials and patterns are not acceptable. All new construction and additions shall use one or more of these materials. Rehabilitation of older buildings that retain their original designs, e.g., barns and pre-1940s structures, shall also be constructed with these traditional materials.

(4) The following applies to new construction, additions and major alterations where roofs and/or exterior walls are altered.

(a) Trademarked architecture which identifies a specific company by building design features is prohibited.

(b) Structures shall be compatible with traditional pre -1940 structures in the area in architecture, design, massing, materials and details.

(c) Architectural design shall be in keeping with the small-town architectural character of the Town. Avoid large expanses of undifferentiated facades and long plain wall sections. A facade break shall be required every 80 feet of facade including, but not limited to building wall offsets, projections, recesses, and changes in floor level in order to relieve the visual effect of a simple, long wall. Similarly, roof-line offsets shall be provided in order to relieve the effect of a single, long roof. For larger buildings, the scale and form of new construction, additions and major alterations shall mimic that of traditional barns, houses, and structures.

(d) Use detailing including, but not limited to, fenestration, entrance treatments such as lintels, pilasters, columns, porticoes, porches, railings, balustrades, and overhangs, dormers, belvederes, masonry chimneys, cupolas and clock towers. Blank walls are not permitted.

(e) Hip roofs (pitches 4/12 to 9/12), gable roofs (pitches 8/12 to 14/12) and gambrel roofs (upper pitch: 5/12 to 8/12; lower pitch 18/12 to 20/12) are acceptable. Mansard roofs, flat roofs, and shed roofs (except on secondary roofs where pitch should be 4/12 to 14/12) ) are not permitted.

(f) On non single-family structures, and on commercial development with a total foot print greater than 4000 square feet, single hinge roofs are not permitted. Instead, use different levels of roofs to diminish the mass. Have roof overhangs that have horizontal measurements of 6"-18"

(g) For commercial uses, the height of building eaves shall not exceed 2 stories in height, and shall be a minimum of 10' above grade at building front entry.

(h) Balance windows and doors so they are generally symmetric in their placement on building facades. In addition:

· Glazing of no less than 12% and no more than 35% on the foremost, front facing facade.

· For commercial uses, glass areas at the ground floor should be greater than those at upper floors.

· Except at first floor levels of commercial use, windows shall be vertical in proportion, and have a ratio of width to height between 1:2 and 1:5 and be small paned windows divided by muntins.

· For commercial uses, windows wider than 3' are not acceptable except on the entry levels, where a maximum width of 6' is acceptable. For large windows, muntins should be used to break the expanse of glass into smaller panes.

· “Eyebrow” windows of a 1-1/2:1 to 3:1 ratio range are acceptable below roof eaves.

· Sliding glass doors should not be permitted on building facades.

81-32. Multi-family Overlay District.

A. Applicability and Purpose. The Town of Kinderhook wishes to encourage a variety of housing options and types for its residents. Multi-family dwellings are one type of housing option. A Multi-family overlay district is established to provide for such an option. The standards of this section ensure that new multi-family housing is compatible with the neighborhood and has minimal impacts to the environment. This section applies to all lands included and mapped as being in the Multi-family Overlay District and for dwellings having three or more units. All multi-family dwellings shall be subject to a special use permit.

B. Standards

(1) Multi-family dwellings shall be limited to 8 units or less per building. A lot may contain one or more principal residential structure provided that it has sufficient acreage to satisfy density requirements.

(2) Design standards of ~81-31 shall be applied to all multi-family dwellings.

(3) Other requirements of ~81-27 D(5) shall be applied.

~81-33. Prime Farmland Overlay District.

A. Applicability and Purpose. The Town of Kinderhook desires to protect its agricultural resources, especially prime farmland soils and to prevent non-agricultural uses from negatively impacting continuation of farming as a preferred use. The following standards shall apply to all lands included and mapped as being in the Prime Farmland Overlay District.

B. Standards.

(1) Conservation Subdivisions shall be mandatory for any division of land within this district (See Subdivision Regulations, Section 63-19).

(2) Avoidance of Building on Prime Soils. In reviewing any subdivision, site plan or special use permit application, the Planning Board shall require that structures, except farm structures, and impermeable surfaces be located on those portions of a tract of land where they will have the least negative impact on agricultural soils and agricultural operations. Construction of buildings on areas of steep slopes, wetness, or locations posing difficult lot configuration or road access problems shall be avoided.

(3) Buffering Agricultural Uses. Each new residence must be placed at least 200 feet away from the boundary between it and the agricultural parcel. A similar setback shall be required for placement of a new farm structure when it is adjacent to existing residential units. A buffer will be required between farmland located within a NYS agricultural district and any new residential, commercial or industrial development. A major subdivision must have a 30 foot wide vegetated buffer placed 20 feet away from the boundary of any land used for agricultural purposes. The applicant for a new land use has the responsibility to provide for this buffer. The buffer should not be established in a way that impedes farm operations. Existing hedgerows or woods, if present, shall be maintained between the new use and the agricultural operation. In cases where there is no existing vegetation, berms and landscaping can be used as buffers.

~ 81-34. Heritage Overlay District.

A. Applicability and Purpose. The Town desires to protect important historical structures and landscapes in Kinderhook.

(1) The Town of Kinderhook encourages the use of all design standards detailed in Section 81-31 or new residential construction and alteration of residences. Use of these design standards is voluntary. Where an applicant voluntarily desires to implement one or more of these design standards, the Building Inspector, the Planning Board, or the Zoning Board of Appeals, as the case may be, shall allow them and consider them not to be in conflict with other regulations.

(2) The Building Inspector, the Planning Board, or the Zoning Board of Appeals, as the case may be, shall exempt the applicant from other regulations that may be in conflict with application of the design standards of Section 81-31.

(3) The applicant shall provide, in writing, a statement and plan outlining the standards that they wish to voluntarily apply.

Section 81-35. Reserved for Environmental Area Overlay District.

Section 81-36.

Lighting. A. Applicability and purpose. The Town of Kinderhook encourages the use of non-intrusive lighting on commercial sites. B. Standards (1) Light shall not shine off site (2) Light shall not shine on public roadways. (3) Light sources shall not be visible from off site (4) Light fixtures shall be fully shielded to eliminate glare and off site light. (Amended 8/24/05 by L.L. 14-2005)

ARTICLE VI

Nonconforming Buildings and Uses

~ 81-37. Continuance of nonconforming use. Except as provided in this section and subject to the terms of this section, nonconforming uses may be continued in any zoning district of the Town of Kinderhook.

~ 81-37.1 Discontinuance of a nonconforming use.

A. Except as herein provided, no nonconforming use may be reestablished after it has been discontinued or vacated for a period of 12 months or more.

B. No nonconforming use may be converted to a different nonconforming use unless a use variance is obtained from the Zoning Board of Appeals.

C. If a structure containing a nonconforming use is damaged or destroyed to the extent of more than 50% of the cost of replacement of the structure, any reuses of the structure shall conform to all regulations of the zoning district in which it is located.

D. Normal maintenance and repair of a structure containing a nonconforming use is permitted as long as the structure is not enlarged, added to or the use intensified.

E. Any building or structure for which a building permit was issued prior to the Effective Date of this chapter or its amendment may be completed and used in accordance with plans and specifications submitted and approved by the Town of Kinderhook or its designee.

F. Any nonconforming building or structure that has not received a building permit prior to the Effective Date of this chapter is required to register with the Town of Kinderhook or its designee within one year of the adoption of this section.

G. Any building or land used for, or occupied by, a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used for or occupied by a nonconforming use.

~ 81-38. Discontinuance.

Any building or land used for or occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used for or occupied by a nonconforming use.

~ 81-39. Extension; alteration; restoration.

A nonconforming use shall not be extended, enlarged or structurally altered, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the date of adoption of this chapter shall not be deemed the extension of such nonconforming use. A nonconforming use may be rebuilt in the event of partial or total destruction thereof to occupy the same space on the lot or may be rebuilt so as to provide greater yard space and less lot coverage but not exceeding the height of the totally or partially destroyed building.

~ 81-40. Necessary maintenance and repairs.

A building or structure of nonconforming use may be repaired or restored to a safe condition.

~ 81-41. Change to other nonconforming bulk.

Nonconforming bulk may be continued in any zoning district in the Town of Kinderhook.

~81-42. Buildings under construction.

Any building or structure for which construction was begun prior to the effective date of this chapter or any subsequent amendment thereof applying thereto may be completed and used in accordance with the plans and specifications for building or structure.

~81-43. Existing undersized lots.

A. Any legally subdivided lot held in single and separate ownership prior to the adoption of this chapter and whose area and/or depth are less than the specified minimum lot requirements of this chapter for the district may be considered as complying with such minimum lot requirements and no variance shall be required, provided that:

(1) Such lot does not adjoin any other lot or lots held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district.

(2) Such lot has an area of at least 5,000 square feet and a minimum width of at least 50 feet at the required setback line if it is to be used for residential purposes.

(3) The following minimum yard dimensions are maintained for residences:

(a) Front yard: 15% of lot depth but not less than 25 feet.

(b) Side yards, each: 20% of lot width but not less than eight feet.

In no case need the above yard dimensions exceed those for the district in which located.

(4) All other bulk requirements for that district are complied with.

B. In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.

C. A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owner's or owners' property or properties.

~81-44. Reduction in lot area.

No lot shall be reduced in area so that it creates a nonconforming bulk or use in violation of any regulations contained in this chapter.

~81-45. Lots shown on approved subdivision plats.

A. In accordance with the Town Law, ~ 265-a, any lot proposed for residential use in a subdivision whose plat delineates one or more new streets, roads or highways, and which said subdivision plat has been properly approved by the Planning Board and filed in the office of the County Clerk prior to the passage of this chapter, and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for that district shall be considered as complying with such minimum lot requirements for two years after the filing of the subdivision plat.

ARTICLE VII

Administration

~81-46. Enforcement.

A. This chapter shall be enforced by the Building Inspector, who shall be appointed by the Town Board in the same manner and with the same powers as now or hereafter practiced or provided under the Building Code.

B. No building permit or certificate of occupancy shall be issued by the Building Inspector and no permit or license for any purpose shall be issued by an official of the town if the same would be in conflict with the provisions of this chapter.

~81-47. Zoning permits; site plan approval. (amended 11-15-2002 by L.L. 4-2002)

A. - A zoning permit from the Building Inspector and site plan approval pursuant to this Article shall be required before any of the following activities shall be undertaken:

The erection of any building or structure shall be erected on any land in the Town of Kinderhook.
The moving or changing location of any building or structure erected on any land in the Town of Kinderhook.
The change in use of any existing building or structure erected on any land in the Town of Kinderhook.
The change in use of any land in the Town of Kinderhook.
The erection of a driveway or other access way from commercial property to a highway owned, operated or maintained by the Town of Kinderhook shall be constructed. For the purposes of this section of the Code “commercial property” is property, which is used or occupied to generate income for the owner or occupant thereof. Property which is property which is used for “Farm Operations” as that term is defined in Section 81-2 of the Code is not “commercial property” for the purposes of this section of the Town Code.

(Amended 9/12/05 by L.L. 9-2005)

B. All applications for zoning permits shall be accompanied by ten copies of a plot plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot and such other information as may be required by the Building Inspector to determine compliance with this chapter. One copy of such plans, when approved by the Building Inspector, shall be returned to the owner upon the payment of a fee of $1 per $1,000 of estimated construction costs, but in no case shall such fee be greater than $1,000 nor less than $2. (Amended 7/27/05 by L.L. 8-2005)

C. Site plan approval. The purpose of site plan approval is to determine that a proposed development subject to site plan approval is in compliance with the objectives of this law, creates no unhealthful or unsafe conditions, and does not adversely impact on adjacent land uses or the health, safety, or general welfare of the community.

(1)Application Requirements. Said site plan shall include the site layout and design of the specified use containing elements to be considered by the Planning Board in accordance with Subsection C(1)(a) through (j) of this section. Five copies of said site plan, drawn to scale appropriate to the specified use as determined by the Planning Board, shall be filed by the applicant. A sketch plan conference may be held between the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of the proposal prior to the preparation of the detailed site plan and for the Planning Board to advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. Upon approval of the site plan and at the written request of the applicant, two copies shall be submitted by the Planning Board to the Building Inspector.

(a) The application for site plan shall be accompanied by information on the following checklist:

[1.] Name of the project, boundaries, date, North arrow and scale of the plan.

[2.] Name and address of the owner of record.

[3.] A vicinity map that shows the relationship of the proposal to existing community facilities which affect or serve it, such as roads, shopping areas, and schools, adjacent properties, and streets. The map shall also show all streets within two thousand (2,000) feet of the property. Such a sketch may be superimposed on a United States Geological Survey map of the area.

[4.] The location, design, type of construction, proposed use and exterior dimensions of all buildings and of all existing and proposed structures within the property, including all dimensions of height and floor area, all exterior entrances and all anticipated future additions and alterations.

[5.] The location of all proposed public and private ways, off_street parking areas, driveways, outdoor storage areas, sidewalks, ramps, curbs, paths, landscaping, walls and fences. Location, type and screening details for all waste disposal containers shall also be shown.

[6.] The location, height, size, materials and design of all proposed signs.

[7.] The location of all present and proposed utility systems including the sewage or septic system; water supply system; telephone, cable and electrical systems; and storm drainage system including existing and proposed drain lines, culverts, catch basins, head walls, end walls, hydrants, manholes, detention ponds and drainage swales.

[8.] The erosion and storm water control plan as described in Section 81-47(C)(1)(j).

[9.] Topographic lines and water sources such as ponds, lakes, wetlands and watercourses, aquifers, floodplains and drainage retention areas.

[10.] Traffic flow patterns within the site; entrances and exits and loading and unloading areas, as well as curb cuts on the site and within one hundred (100) feet of the site.

[11.] Location of fire and other emergency zones.

[12.] Other information reasonably related to the application that may be deemed necessary by the Planning Board.

[13.] (amended 11-15-2002 by L.L. 4-2002) Affidavit by applicant for site plan approval that said applicant has sent the following notice to every owner of property located within 300 feet of the boundary of the property for which that applicant seeks site plan approval.

[14.] Lighting plans showing type, location and intensity of lights. (Amended on 8/24/05 by L.L. 14-2005)

“PLEASE TAKE NOTICE that the undersigned has applied to the Planning Board of the Town of Kinderhook for Site Plan Approval for a change in use or for erection of structures on land which applicant owns and which is located within 300 feet of the boundary of property owned by you. Approval of this Site Plan by the Planning Board, if granted, might have an affect on your property or your use of it. You have the right to be heard by the Planning Board on the matter. For details on the application and the status of the application you may contact the Clerk of the Planning Board of the Town of Kinderhook.

_______________________________________

Site Plan Approval Applicant

(Address of Applicant)

(Tel No. of Applicant)

Said notice shall be addressed to the party shown on the tax map as the owner of said property at the address shown in the records maintained by the Tax Assessor of the Town of Kinderhook.

If the notice is undeliverable by the U.S. Postal Service or delivery is refused by the address, no further notification is required of the applicant.

(b) A complete site plan application shall consist of an Environmental Assessment Form or Draft Environmental Impact Statement; an Agricultural Data Statement, if required; the required copies of said site plan; and the site plan application fee, as established by the Town Board.

(2) Review Standards. In each case where a proposed building or use requires site plan approval as provided in this chapter, the Planning Board shall determine that it is in compliance with the objectives of this chapter, creates no unhealthful or unsafe conditions, and does not adversely impact on adjacent land uses or the health, safety or general welfare of the community. The Planning Board shall consider the public health, safety and general welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and shall consider all applicable requirements of this chapter. The Planning Board shall also consider:

(a) Traffic access. That all proposed access ways to and from streets are adequate but not excessive in number, adequate in width, grade, alignment and visibility, not located too near street intersections. Use of shared driveways and cross-access between parking lots shall be used to reduce traffic congestion on public streets and to reduce the number of curb-cuts. Driveways should be set back from intersections and separated from each other to reduce traffic conflicts.

(b) Circulation and parking. That the interior circulation system is adequate to provide safe accessibility to all required off-street parking. The site plan should clearly indicate the safe onsite circulation is provided for not only vehicles, but bicycles, pedestrians, and buses as well. All parking lots and roads shall incorporate well-defined, clearly marked, and safe pedestrian crossings. The Planning Board can require the developer to reserve space for, and build a continuous service road to the edge of the site if it is apparent that the adjacent property will be developed at a later time and a connection would ease congestion on the adjacent street.

(c) Landscaping and screening. That parking and service areas are reasonably screened from view of adjacent residential districts and that buffer area and landscape requirements of this chapter are complied with.

(d) Impact on adjacent land uses. That the location and dimensions of proposed buildings comply with provisions of this chapter and are consistent and harmonious with adjacent land uses and that architectural features are consistent and harmonious with adjacent land uses.

(e) Topography. That existing topography of the site and the immediately adjacent property, as revealed by contours or key elevations, and proposed regrading of the site meet requirements of the Town of Kinderhook Subdivision Regulations.⁸ That development preferably occur below the crest of a hill or a ridge line, preserving the natural character of the profile of the land.

(f) Drainage. That existing and proposed storm water drainage facilities, sidewalks, curbs and curb cuts and similar structures meet requirements of the Town of Kinderhook, Subdivision Regulations.⁹

(g) Town character. That significant aspects contributing to the overall character of the town, such as historic resources, scenic vistas, open spaces and agricultural lands, shall be adequately preserved and that design standards as required in this chapter are complied with.

(h) Existing vegetation. That all existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible. Where tree removal is required, special attention shall be given to planting of replacement trees.

(i) Compliance with chapter. That the proposed uses comply with all other requirements of this chapter.

(j) Erosion and Sedimentation Control. That the Proposed use meets the following standards to prevent erosion and sedimentation. The applicant shall demonstrate that the following measures are employed in development of the site:

(k) Lighting. Light fixtures should be fully shielded to eliminate glare and off site light. Light intensity shall not exceed an average of 2 foot candles and the light sources shall produce clear white light. Lighting fixtures should be traditional in design. There shall be not uplighting. Parking lot lights shall not exceed 20 feet in total height. Only minimal lighting shall be allowed 1 hours after closing. (Amended on 8/24/05 by L.L. 14-2005)

1. Minimize site alteration/land clearing:

a. Site/building design shall preserve natural topography outside of the development footprint to reduce unnecessary land disturbance and to preserve natural drainage channels on the site.

b. Clearing for utility trenching shall be limited to the minimum area necessary to maneuver a backhoe or other construction equipment. Roots should be cut cleanly rather than pulled or ripped out during utility trenching.

c. Tunneling for utilities installation should be utilized wherever feasible to protect root systems of trees.

2. Minimize cut and fill in site development:

a. Development envelopes for structures, driveways, wastewater disposal, lawn areas and utility work shall be designated to limit clearing and grading.

b. Other efforts to minimize the clearing and grading on a site associated with construction activities shall be employed, such as parking of construction vehicles, offices/trailers, stockpiling of equipment/materials, etc. in areas already planned for permanent structures.

c. Topsoil shall not be stockpiled in areas of protected trees, wetlands, and/or their vegetated buffers.

d. Finished grades should be limited to no greater than a 2:1 slope, while preserving, matching, or blending with the natural contours and undulations of the land to the greatest extent possible.

3. Employ proper site management techniques during construction:

(a) Best Management Practices shall be employed to avoid detrimental impacts to existing vegetation, soil compaction, and damage to root systems.

(b) The extent of a site exposed at any one time shall be limited through phasing of construction operations. Effective sequencing shall occur within the boundaries of natural drainage areas.

4. Protect the site during construction through adequate erosion and sedimentation controls:

(a) Temporary or permanent diversions, berms, grassed waterways, special culverts, shoulder dikes or such other mechanical measures as are necessary may be required by the Board to intercept and divert surface water runoff. Runoff flow shall not be routed through areas of protected vegetation or re-vegetated slopes and other areas. Temporary runoff from erosion and sedimentation controls shall be directed to Best Management Practices such as vegetated swales. Retaining walls may be required where side slopes are steeper than a ratio of 2:1.

(b) Erosion and sedimentation controls shall be constructed in accordance with the standards found in the publications: Guidelines for Urban Erosion and Sediment Control: New York 1991; Reducing the impacts of storm water runoff from new development. NYS DEC, Bureau of Water Quality management, 1992; Controlling agricultural nonpoint source water pollution in New York State: A guide to selection of best management practices to improve and protect water quality. NYS DEC, Division of Water, Bureau of Technical Services and Research, 1991; SPDES General Permit for storm water discharges from construction activities. NYS DEC, Division of Water. 1993; and Individual residential wastewater treatment systems design handbook. NYS Department of Health. 1996.

(c) Erosion control measures shall include the use of erosion control matting, mulches and/or temporary or permanent cover crops. Mulch areas damaged from heavy rainfalls, severe storms and construction activity shall be repaired immediately.

(d) Erosion control matting or mulch shall be anchored where plantings are on areas subject to mulch removal by wind or water flows or where side slopes are steeper than 2:1 or exceed 10 feet in height. During the months of October through March when seeding and sodding may be impractical, anchored mulch may be applied at the Board's discretion.

(e) Runoff from impervious surfaces shall be recharged on the site by storm water infiltration basins, vegetated swales, constructed wetlands or similar systems covered with natural vegetation. Runoff shall not be discharged directly to rivers, streams, or other surface water bodies. Dry wells shall be used only where other methods are not feasible. All such basins and wells shall be preceded by oil, grease, and sediment traps. The mouths of all catch basins shall be fitted with filter fabric during the entire construction process to minimize siltation or such basins shall be designed as temporary siltation basins with provisions made for final cleaning.

(f) The applicant shall be required to conduct weekly inspections of all erosion and sedimentation control measures on the site to ensure that they are properly functioning as well as to conduct inspections after severe storm events.

5. Revegetate the site immediately after grading:

(a) Proper revegetation techniques shall be employed using native plant species, proper seed bed preparation, fertilizer and mulching to protect germinating plants. Revegetation shall occur on cleared sites within 7 (seven) calendar days of final grading and shall occur during the planting season appropriate to the selected plant species.

(b) A minimum of 4" of topsoil shall be placed on all disturbed surfaces which are proposed to be planted.

(c) Finished grade shall be no higher than the trunk flare(s) of trees to be retained. If a grade change of 6" or more at the base of the tree is proposed, a retaining wall or tree well may be required.

(2) Reserved

(3) Planning Board Action on Site Plan.

(a)Upon receipt of all application materials, the Planning Board shall initiate the New York State environmental quality review process by following the procedures described in Section 617.6 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

(b) The Planning Board shall also require an Agricultural Data Statement to be filled out if the site is within a designated state Agricultural District, and will review it in accordance with the requirements of the Agriculture and Markets law.

(c)The site plan review application shall also be referred to the Columbia County Planning Board as required by Section 239-m of the General Municipal Law.

(d) The Planning Board shall hold a public hearing within 62 days from the day an applications is received and give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof.

(e) The Planning Board shall make a decision on the application within 62 days after such hearing.

(4) Decisions. The Planning Board shall render a decision, file said decision with the Town Clerk, and mail such decision to the applicant with a copy to the Building Inspector.

(a) Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due to the town, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward a copy to the applicant, building inspector, and file same with the Town Clerk.

(b) Upon disapproval of a site plan, the Planning Board shall so inform the Building Inspector and the Building Inspector shall deny a zoning permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval. Such disapproval shall be filed with the Town Clerk.

(c) Conditions attached to approval of Site Plans. Approval. The Planning Board shall have the authority to impose reasonable conditions to its approval to fulfill the purposes of this law. Upon its approval of a site plan, any such conditions must be met in connection with the issuance of an occupancy permit by the Building Inspector. Upon its approval of a site plan, any such conditions must be met in connection with the issuance of an occupancy permit by the Building Inspector. The Planning Board shall notify the applicant and Building Inspector of its conditional approval and file same with Town Clerk.

(5) Performance guarantees. The Planning Board may approve site plans subject to the condition that the applicant complete the public improvements shown thereon. “Public improvements” as that term is used in this section, shall mean those improvements which are required to be included in the site plan by the Planning Board to protect the health, safety, and general welfare of the public, and include, but are not limited to streets, highways, street and highway markers and monuments, sidewalks, street lighting standards, curbs, gutters, trees, water mains, fire alarm signal devices, sanitary sewers, storm drains, and structures and devices necessary to prevent fire, flood, drainage or other menace to neighboring properties or the general public. A performance bond or other security sufficient to cover the full cost of the same as estimated by the Planning Board shall be provided to the Town by the applicant. The form of the security shall be that which is provided in Section 277 (9) (c) of the New York State Town Law. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient guaranty has been posted for the improvements not yet completed. The performance guarantee shall be posed in accordance with the procedures specified in Section 274-a of the Town Law. The Planning Board shall specify the time frame for completion of improvements. In the even that any required improvements have not been installed as required above, the Town may declare the applicant in default, and collect the sum payable thereunder. Upon receipt of the proceeds of the performance guarantee, the Town shall install or cause to be installed the required improvements..

(6) The Planning Board may adopt such rules and regulations as it deems necessary consistent with the provisions of this subsection to exercise the power granted herein.

(7) Plats showing lots, blocks or sites which are subject to review pursuant to the authority adopted under the Town of Kinderhook Subdivision Regulations¹⁰ shall continue to be subject to such review and shall not be subject to such review under this subsection.

(8) Expiration, revocation and enforcement.

(a) A site plan approval shall expire if the applicant fails to obtain the necessary building permits or fails to comply with the conditions of the site plan approval within 18 months of its issuance, or if the Special Use Permit with which it is associated expires. The Planning Board may, at its discretion, grant extensions.

(b) A site plan approval may be revoked by the Planning Board if the permittee violates the conditions of the site plan approval or engages in any construction or alteration not authorized by the site plan approval.

(c) Any violation of the conditions of a site plan approval shall be deemed a violation of this law and shall be subject to enforcement action as provided herein.

(9) Failure to Complete as Approved. Once a site plan is approved by the Planning Board, the building(s) or use shall be completed in accordance with all specifications and conditions so approved by the Planning Board. This may include, but not be limited to, architecture, building materials, drainage, physical dimensions and placement, safety and health considerations, and structures. If the applicant wishes, for any reason, to alter the approved specifications and conditions, it must apply to the Planning Board for approval of these changes. Failure to complete the project in accordance with those approved conditions and specifications will subject it to the penalties contained with Section 268 of the New York State Town Law.

~81-48. Compliance with State Environmental Quality Review Act and Other State or Federal Laws.

A. The Planning Board shall comply with all provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations for all zoning permits, special use permits, site plan approval, or subdivision approval. The Town of Kinderhook shall also ensure that the Visual Assessment Form be filled out, reviewed, and considered during each required environmental review.

B. All applicants for any Town permit or approval that might result in disturbance to a wetland or watercourse shall, as early as possible in the application process, apply to the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers, if appropriate, for any applicable permits. Prior to approval of any application, the Planning Board shall ensure compliance with all applicable state and federal regulations relating to wetlands and watercourses and shall minimize damage to wetlands and watercourses by imposing appropriate conditions on any approval, including the modification in size and scope of a proposed project, as well as changes in the location of structures or other improvements on the parcel.

C. Prior to issuance of special permits, approval of site plans, or granting of use or area variances the Planning Board or Zoning Board of Appeals shall refer the application to the Columbia County Planning Board for review pursuant to Section 239-m of the NY General Municipal Law. In addition, any application that is located within 500 feet of any of the following shall be referred to the Columbia County Planning Board: the boundary of village or town, an existing or proposed county or state park or any other recreation area, the right-of-way of any existing or proposed county or state highway, the boundary of an existing or proposed state owned land on which a public building or institution is situated, or the boundary of a farm operation located in an agricultural district, as defined by article 25 AA of the agriculture and markets law.

ARTICLE VIII

Zoning Board of Appeals

~81-49. Establishment and duties.

Pursuant to Town Law, the Town Board shall appoint a Zoning Board of Appeals consisting of five members, shall designate its Chairman and also provide for such expenses as may be necessary and proper. A member of the Board of Appeals shall not at the same time be a member of the Town Board. The Town Board shall have the power to remove any member of the Board of Appeals for cause and after public hearing.

A. Term of appointment.

(1) Of the members of the Board of Appeals first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years from and after his appointment.

Their successors shall be appointed for the term of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.

(3) No member of the Board of Appeals who has completed a full five year term shall be eligible for reappointment to the Board of a Appeals for a period of one year. [Amended 8-2-04 by L.L. No. 10-2004]

B. Staff. The Board of Appeals may employ such clerical or other staff assistance as may be necessary and prescribe their duties, provided it shall not at any time incur expenses beyond the amount of the appropriations made by the Town Board and then available for that purpose.

C. Rules of procedure, bylaws, forms. The Board of Appeals shall have the power to make, adopt and promulgate such written rules of procedure, bylaws and forms as it may deem necessary for the proper execution of its duties and to secure the intent of this chapter. Such rules, bylaws and forms shall not be in conflict with, nor have the effect of waiving, any provisions of this chapter or any other sections of the town. Such rules, bylaws and forms and any subsequent amendments or supplements thereto shall be submitted to the Town Board by the Board of Appeals for approval and filing for public view. The Town Board shall move to approve, reject or modify such rules, bylaws and forms within 30 days after submission. Failure of the Town Board to so move shall be construed to constitute approval thereof.

D. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public. The concurring vote of a majority of all members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of an applicant in any matter upon which said Board is required to pass under any section or to effect any variation in the Zoning Section. The Board of Appeals shall decide an appeal or any other matter referred to it within 60 days after the final hearing.

E. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member on every question. If a member is absent or fails to vote, the minutes shall indicate such fact. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall immediately be filed in the office of the Town Clerk and shall be a public record.

F. Referrals to the Planning Board. At least 45 days before the date of hearing held in connection with any appeal or application submitted to the Board of Appeals, said Board shall transmit to the Planning Board a copy of said appeal or application and shall request that the Planning Board submit to the Board of Appeals its advisory opinion on said appeal or application. The Planning Board shall submit a report of such advisory opinion prior to the date of said public hearing. The failure of the Planning Board to submit such report shall be interpreted as a favorable opinion for the appeal or application.

G. The Town Board shall appoint alternate members of the Zoning Board of Appeals to serve as provided in this section. The number of alternate members appointed pursuant to this section shall not exceed three. The Town Board shall appoint alternate members who shall hold membership for a term of two years. The Chairperson of the Zoning Board of Appeals shall randomly assign the available alternate members to substitute for regular members who are absent or who are unable to participate for reasons of conflict of interest. Alternate members must attend all regular and special meetings of the Zoning Board of Appeals unless excused by the Board. An alternate member assigned to site and participate as a member of the Zoning Board of Appeals as provided herein shall possess all of the powers and responsibilities of a regular member of the Planning Board. Any determination by the Planning Board consisting of alternate members shall have the same force and effect at law as a determination made by the Zoning Board of Appeals consisting of only regular members. Alternate members appointed pursuant to this section shall be entitled to receive such expenses as fixed by resolution of the Town Board. (This subsection amends ~271, Subdivision 15 of the New York State Town Law.

~81-50. Public notice and hearing.

Public notice of any required hearing by the Board of Appeals shall be given in accordance with Town Law as follows:

A. By publishing a notice of any appeal or application and the time and place of the public hearing in the official newspaper of the town not less than 10 days prior to the date of such hearing.

B. By giving written notice of hearing to any appellant or applicant and any other such notice to property owners in an affected area as may be required by the Board of Appeals and to the Planning Board not less than five days prior to such hearing.

C. By giving written notice of hearing to any required municipal, county, metropolitan, regional, state or federal agency in the manner prescribed by law.

~81-51. Appeals.

The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector under this chapter in accordance with the procedure set forth herewith:

A. Notice of appeal shall be filed with the Building Inspector and the Secretary to the Board of Appeals in writing, in a form required by such Board, within 60 days of the date of the action appealed from, specifying the grounds thereof.

B. Upon the filing of a notice of appeal and payment of a filing fee of $50 by the appellant or applicant, the Building Inspector shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

C. The Board of Appeals shall set a reasonable date for the hearing of each appeal, of which hearing date the appellant shall be given notice and at which hearing he shall appear in person or by agent or by attorney.

D. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Appeals, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Appeals or by a court of record on application, on notice to the Building Inspector and on due cause shown.

E. Following public notice and hearing, the Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the power of the Building Inspector. If the action by the Board of Appeals is to reverse the action of the Building Inspector in whole, the filing fee shall be refunded to the appellant. The Board of Appeals shall decide the same within 60 days following the final hearing.

~81-52. Variances.

A. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Appeals shall have the power, after public notice and hearing, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

B. All applications for variances shall be filed with the Secretary to the Board of Appeals in writing, shall be made in a form required by the Board of Appeals and shall be accompanied by payment of filing fee consistent with fee schedule and a plot plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot.

C. Any variance which is not exercised within one year from the date of issuance is hereby declared to be revoked without further hearing by the Board of Appeals.

D. Criteria for granting variances.

(1) Use Variance. The Board of Appeals, on appeal from the decision or determination of the Building Inspector shall have the power to grant use variances according with the following criteria:

(a) No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located.

(1) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence

(2) that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood

(3) that the requested use variance if granted, will not alter the essential character of the neighborhood, and

(4) that the alleged hardship has not been self-created.

(b) The Board of Appeals, in granting of use variances shall grant the minimum variance that it shall deem necessary to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.

(2) Area Variances. The Zoning Board of Appeals shall have the power, upon an appeal of a decision or determination of the building inspector to grant area variances in accordance with the following criteria:

(a) In making its determination, the Zoning Board of Appeals shall take into consideration of the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such a grant. In making such determination the Board shall also consider

(1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance

(2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance

(3) whether the requested area variance is substantial

(4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district and

(5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals; but shall not necessarily preclude the granting of the area variance.

(3) A variance from the provisions of this chapter shall be granted by the Board of Appeals in order to vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. No variance from the strict application of this chapter shall be granted by the Board of Appeals except by the adoption of a resolution fully setting forth the reasons for the following findings:

(a) That there are special circumstances or conditions applying to such land or buildings and not applying generally to land or buildings in the vicinity and under identical district classification, and that said circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or buildings or privileges enjoyed by other properties in the vicinity and under identical district classification.

(b) That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board of Appeals is the minimum variance that will accomplish this purpose.

(c) That the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the vicinity or otherwise detrimental to the public welfare.

(d) That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which subject property is situated.

(2) In no case shall a variance be granted solely for the reason of additional financial gain on the part of the owner of the land or building involved.

~ 81-53. Reserved.

~81-54. Relief from decisions.

Any person or persons jointly or severally aggrieved by decision of the Board of Appeals may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the provisions of Article 78 of the Civil Practice Law and Rules, except that it must be instituted as therein provided within 30 days after the filing of a decision in the office of the Town Clerk; that the Court may take evidence or appoint a referee to take such evidence as it may direct and report the same with his findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter; and that the Court at special term shall itself dispose of the cause on the merits, determining all questions of ~ 7803 of said Article. Costs shall not be allowed against the Board of Appeals unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.

ARTICLE IX

Amendments

~ 81-55. Procedure.

The Town Board may, from time to time, on its own motion or on petition or on recommendation from the Planning Board, amend the regulations and districts established under this chapter after public notice and hearing in each case. All petitions for any amendments of the regulations or districts herein established shall be filed in writing in a form required by the Town Board and shall be accompanied by a certified check in the amount of $50 to help defray the cost of advertising the hearing on said petition and incidental disbursements.

~81-56. Advisory report by Planning Board.

Every proposed amendment, unless initiated by the Planning Board, shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the Planning Board fails to report within a period of 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report.

~81-57. Public notice and hearing.

The Town Board, by resolution, shall fix the time and place of the public hearing and cause notice to be given as follows:

A. By publishing a notice of the proposed amendment and the time and place of the public hearing in a newspaper of general circulation in the town not less than 10 days prior to the date of public hearing.

B. By giving written notice of hearing to any required municipal, county, regional, metropolitan, state or federal agency in the manner prescribed by law.

~81-58. Protest by owners.

If a protest against the proposed amendment is presented to the Town Board, duly signed and acknowledged by the owners of 20% or more of the area of land included in such proposed amendment, or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the area of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by the favorable vote of at least 3/4 of the members of the Town Board.

~81-59. Changes by Planning Board.

The Planning Board, in accordance with Town Law, ~ 281, may, simultaneously with the approval of any plat, make any reasonable change to the regulations established under this chapter with respect to the land so platted. Before the Planning Board shall make any such change, there shall be a public hearing preceded by the same notice as in the case of the approval of the plat itself. Upon the filing of the plat in the office of the County Clerk, such changes shall be and become part of the regulations of this chapter, shall take the place of any regulations established herein by the Town Board, shall be enforced in the same manner and shall be similarly subject to amendment.

~81-60. Publication and posting.

Every amendment to the Zoning Ordinance, including any map incorporated therein, adopted in accordance with the Town Law, shall be entered in the minutes of the Town Board, and a copy thereof, exclusive of any map incorporated therein, shall be published once in the official newspaper of the town, and a copy of such amendment, together with a copy of any map incorporated therein, shall be posted on a signboard maintained by the Town Clerk pursuant to Subdivision 6 of Section 30 of the Town Law. Affidavits of the publication and posting thereof shall be filed with the Town Clerk.

ARTICLE X

Interpretation and Penalties

~81-61. Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety and general welfare.

~81-62. Conflicting provisions.

This chapter shall not interfere with, abrogate, annul or repeal any section or any rule, regulation or permit previously or hereafter enacted, adopted or issued pursuant to law, provided that, unless specifically excepted, where this chapter imposes greater restrictions, its provisions shall control.

~81-63. Penalties for offenses.

A violation of this chapter is hereby declared to be an offense punishable by a fine not exceeding two hundred fifty dollars ($250.00) or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdeameanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week’s continued violation shall constitute a separate violation. Each day's continued violation shall constitute a separate violation.

ARTICLE XI

Fee Schedule

(adopted 9-25-03 by L.L. 03-2003)

~81-64. Fees.

The following fees shall be charged by the Zoning Board of Appeals for the following applications submitted to it:

Use Variance - $250.00 – Section 81-52 of the Code
Sign Variance - $25.00 – Section 81-21(I) of the Code

Area Variance – Section 81-52 of the Code

Residential - $50.00
Commercial - $100.00

State Environmental Quality Review – the maximum fees provided for in 6 NYCRR 614.13
Applications to Town Board for Rezoning - $250.00

Applicants to the Zoning Board of Appeals for Variances shall also pay the fees of any consultants employed by the Town of Kinderhook to review the application and to make inspections and report as required by the Zoning Board of Appeals.

All fees are due upon submission of the application for which the fee is charged.

DENSITY CONTROL SCHEDULE - TOWN OF KINDERHOOK

Residential Uses

	Minimum Lot Dimensions	Minimum Yard Dimensions
District	Density (Dwelling units per acre (DU)	Minimum Lot Width (feet)	Minimum Lot Size (acres)	Front Yard (feet)	Side Yard (feet)	Rear Yard (feet)	Maximum Lot Coverage including all accessory buildings and pavement (percentage)	Maximum Building Height
								Stories	Feet
								R-2	1 DU per 2 acres
								250	1 acre
50¹¹	50	50	25	2	35	AR	1 DU per 5 acres	300	2.5 acres
50⁴	50	50	25	2	35	H	1 DU per 30,000 sf	90	30,000 sf
35	25	35	25	2	35	R-3	1 DU per 3 acres	275	1.5 acres
50	50	50	25	2	35	B-1	1 DU per 2 acres	250	acre
50⁵	50	50	20	3	40	B-1A	1 DU per 2 acres	250	acre
50	50	50	20	3	40	I-l	--
50	25	50	35	3	40	FP	--
50	25	50	30	2	35	MHP	10,000 square feet per home and 350,000 square feet per park. Other requirements see ~ 81-22.
MFO	1 DU per acre⁶

Nonresidential Uses

District	Minimum Lot Size (acres)	Maximum Building Footprint	Minimum Lot Width (feet)	Front Yard⁴ (feet)	Side Yard (feet)	Rear Yard (feet)	Maximum Lot Coverage including all accessory buildings and pavement (percentage)	Maximum Building Height³
								Stories	Feet
								R-2	2 acre
									250
50	50	50	25	2	35	AR	2 acres		250
50	50	50	25	2	35	H	20,000 sf		125
35	25	35	25	2	35	R-3	3 acres		275
50	50	50	25	2	35	B-1	1 acre	40,000 sf	250
50	25	35	50	3	40	B-1A	1 acre	20,000 sf⁷ 30,000 sf⁸	250
50	25	35	75	3	40	I-l	1 acre		150
50	25	50	35	3	40	FP	1 acre		150
50	25	50	30	2	35	MHP
(Amended 8/24/05 by L.L. 12-20

TOWN HALL: P.O. Box P, Niverville, NY 12130
Phone: (518) 784-2233 Fax: (518) 784-2203

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