Town of Kinderhook, NY - Chapter 81

Chapter 81 - Zoning

Printer-Friendly Version

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, s