A.
The purpose of these provisions is to establish the
relationship between principal and accessory uses and to establish
provisions governing the conduct of accessory uses. Principal uses
specified as permitted uses or special permit uses for a district
by this chapter shall be deemed to include accessory uses and activities
identified by these regulations and such other accessory uses that
are necessarily and customarily associated with and are appropriate,
incidental and subordinate to such principal uses. Accessory uses
shall be subject to the same regulations that apply to principal uses
in each district, except as otherwise provided in this section. No
permit for the building or erection of an accessory building shall
be issued prior to the issuance of the building permit for the main
building. No certificate of occupancy may be issued for an accessory
building except in conjunction with or after the issuance of the certificate
of occupancy for the main building.
B.
Swimming pools. All swimming pools (in-ground and
aboveground) shall be constructed, installed and maintained in compliance
with state requirement for same.
C.
Tennis courts, paddle courts and similar accessory
recreation facilities.
(1)
No tennis court, paddle court or similar recreation
facility shall be permitted to encroach into the rear, side or front
yard setback.
(2)
The fencing around tennis courts, paddle courts or
similar recreation facility shall not exceed 12 feet in height.
(3)
The maximum height for tennis court lighting (fixture
and pole) shall not exceed 18 feet. All such lights shall be shielded
so as to confine all direct rays to the subject property and minimize
spillover outside of the tennis court area.
D.
Docks, piers and similar structures.
(1)
A dock, pier or similar structure may not be constructed
on a lot with a lake frontage of less than 25 feet in the case of
private owners, nor less than 100 feet for developers or operators
of public associations and district beaches. No dock, pier or similar
structure may extend into or over the surface of any lake in the Town
for a distance of more than 25 feet from the high-water mark. No dock,
pier or similar structure may cover more than 25% of the width of
the lake frontage and shall not in any event cover more than 25 feet
of lake frontage.
(2)
The maximum area of a dock, pier or similar structure
shall be 150 square feet.
(3)
There shall be only one dock, pier or similar structure
on a lot.
(4)
A permit from the New York State Department of Environmental
Conservation and a Putnam Valley freshwater wetlands watercourses
and water bodies permit may be required.
E.
Carports and garages.
(1)
Carports. Carports, open on at least three sides and
for use by no more than two cars, may be erected and maintained within
not less than 10 feet of any property line.
F.
Porches, sun decks and house decks and other attached
accessory structures. No porch, sun or house deck or other such attached
accessory structure, whether open or enclosed, shall encroach upon
any required front, back or side setback, and no such porch or deck
shall be erected, covered, roofed, sided or otherwise enclosed unless
approved by the Code Enforcement Officer, and all necessary permits
therefor have been issued. Porches, decks or other attached accessory
structures, whether open or enclosed, shall be included in any computation
of building coverage.
G.
Barns, pole barns, sheds and other detached accessory
structures. Detached accessory structures shall satisfy all of the
following requirements:
(1)
No accessory building exceeding 120 square feet permitted
in this article shall be constructed nearer to the street line or
lake front, nor any nearer to side or rear lot line, respectively,
than is permitted for its principal building.[1]
[1]
Editor's Note: Former Subsection G(2), regarding
size of accessory structures, was repealed and former Subsection G(3),
(4) and (5) was renumbered as G(2), (3) and (4) 5-30-2001 by L.L.
No. 3-2001.
(2)
For firesafety purposes, an accessory building shall
be separated by at least 10 feet from the principal structure. If
the accessory building exceeds the principal building in height, it
shall be separated by an additional two feet for every one foot by
which the accessory building exceeds the height of the principal structure.
(3)
If less than 120 square feet in gross floor area,
a building permit may be issued by the Code Enforcement Officer for
not more than one accessory structure located within five feet of
the side and/or rear property lines. However, in lake districts, such
structures must be located at least 75 feet from the lake.
(4)
No more than two detached accessory structures, one
of which may be a garage, shall be permitted on parcels of less than
one acre.
H.
Satellite earth stations. Satellite earth stations
(satellite dish antennas) shall be permitted, provided that they are
in the rear yards or side yards and meet all applicable provisions
of this section. The establishment of a satellite earth station requires
a building permit and is subject to the following conditions:
(1)
No more than one satellite earth station shall be
allowed on any lot and shall conform to the setbacks for a principal
structure.
(2)
All satellite earth stations shall be installed within
the manufacturer's recommended standards.
(3)
Satellite earth stations shall be designed and located
to minimize visual impact on adjacent property and roadways.
(4)
A satellite earth station shall not exceed a diameter
of 12 feet or a height of 20 feet from the existing grade.
(5)
Wiring for a satellite earth station shall be placed
underground.
(6)
Satellite earth stations shall be ground-mounted only
and at existing grade.
I.
Fences, walls and enclosures. For the purpose of the
section, the words "fence," "wall" and "enclosure" shall have the
same meaning, and any reference to fences shall include walls and
enclosures as well.
(1)
Fences, walls and enclosures may be erected within
required yard setbacks in all residential districts subject to the
requirements of this section. A building permit shall be required
for the erection of all fences, walls and enclosures within five feet
of any property line or roadway and, in the case of any such fence,
wall or enclosure, the "good" or "finished" side of the fence shall
face the adjacent property or roadway, as applicable.
[Amended 7-21-2004 by L.L. No. 3-2004]
(2)
Fences erected within required side or rear yards
shall not exceed a height of six feet from existing grade.
(3)
Fences within the front property lines shall not exceed
a height of four feet from the existing grade.
(4)
Fences enclosing swimming pools shall conform to the
requirements of the New York State Uniform Fire Prevention and Building
Code and shall be no less than four feet in height.
(5)
No fence shall be located closer than 10 feet from
any principal structure.
(6)
If any fence or wall is found by the Code Enforcement
Officer to be unsafe, insecure or hazardous, it shall be removed or
repaired within 14 days of a notice of violation by the Code Enforcement
Officer.
(7)
No barbed wire shall be used as a part of any fence,
except for agricultural purposes.
(8)
No fence, wall, hedge, shrubbery or other obstruction
to vision in excess of three feet in height, as measured above the
adjacent street grade, shall be placed or allowed to grow at intersections
within the triangle area formed by the intersecting street lines and
a straight line joining such street line at points which are 20 feet
from the point of intersection measured along the street line.
J.
Recreational vehicles.
[Added 1-21-2009 by L.L. No. 2-2009]
(1)
No recreational vehicle shall be parked for more than
seven days in any thirty-day period on a lot which does not also contain
a residence of that recreational vehicle's owner.
(2)
No recreational vehicle shall be parked in the front
of a lot.
[Amended 10-7-2020 by L.L. No. 2-2020]
(3)
Except for recharging batteries, no recreational vehicle
shall be connected to electric, water and/or sanitary disposal facilities.
(4)
No recreational vehicle shall be inhabited when parked
on a lot.
K.
On all
properties where their use is otherwise lawful, trash compactors,
trash dumpsters (excluding construction dumpsters) and other trash
containers with a capacity of one cubic yard or more (collectively
referred to hereafter as "trash containers") shall be subject to the
following requirements:
[Added 11-14-2012 by L.L. No. 3-2012]
(1)
Trash
containers shall be located no closer to the property line than is
permitted for an accessory structure in the zoning district in which
the property is located.
(2)
Trash
containers shall not be located in any required loading berth or in
any required off-street parking space.
(3)
Trash
containers shall be maintained on a concrete pad, shall be enclosed
on all four sides with permanently installed opaque fencing, at least
one foot higher at all points than the trash container it encloses,
and shall be gated and locked when not in use.
(4)
Trash
containers shall be located and maintained so as to minimize their
effect on surrounding uses.
(5)
The
design and operation of trash containers shall be rodentproof and
watertight and shall be approved by the Code Enforcement Officer.
(6)
The
location of trash containers shall be indicated on all site plans.
(7)
This
subsection shall apply to all properties within its scope, including
but not limited to those already containing trash containers. Properties
already containing trash containers shall be brought into compliance
with the fenced-enclosure requirements of this subsection on or before
April 1, 2013, and no fees shall be imposed for the issuance of any
permits or approvals required from the Town for such purpose.
L.
Generators
and outdoor air conditioners.
[Added 12-14-2022 by L.L. No. 9-2022]
(1)
A
zoning variance for residential generators and outdoor air conditioner
units shall not be required for units located no closer than 10 feet
from side and rear property lines and no greater than five feet from
the front foundation wall of the residence.
A.
The purpose of these provisions is to establish the relationship among principal and accessory uses and to establish provisions governing the conduct of accessory uses, after compliance with Article V of this chapter. Principal uses specified as permitted uses or special permit uses for a district by this chapter shall be deemed to include accessory uses and activities identified by these regulations and such other accessory uses that are necessarily and customarily associated with and are appropriate, incidental and subordinate to such principal uses. Accessory uses shall be subject to the same regulations that apply to principal uses in each district, except as otherwise provided in this section. No permit for the building or erection of an accessory building shall be issued prior to the issuance of the building permit for the main building. No certificate of occupancy may be issued for an accessory building except in conjunction with or after the issuance of the certificate of occupancy for the main building.
B.
Location of accessory structures.
(1)
An accessory structure shall be located and operated
as an integral part of the principal use and shall not comprise a
separate business use or activity.
C.
On all properties where their use is otherwise lawful,
trash compactors, trash dumpsters (excluding construction dumpsters)
and other trash containers with a capacity of one cubic yard or more
(collectively referred to hereafter as "trash containers") shall be
subject to the following requirements:
[Amended 11-14-2012 by L.L. No. 3-2012]
(1)
Trash
containers shall be located no closer to the property line than is
permitted for an accessory structure in the zoning district in which
the property is located.
(2)
Trash
containers shall not be located in any required loading berth or in
any required off-street parking space.
(3)
Trash
containers shall be maintained on a concrete pad, shall be enclosed
on all four sides with permanently installed opaque fencing, at least
one foot higher at all points than the trash container it encloses,
and shall be gated and locked when not in use.
(4)
Trash
containers shall be located and maintained so as to minimize their
effect on surrounding uses.
(5)
The
design and operation of trash containers shall be rodentproof and
watertight and shall be approved by the Code Enforcement Officer.
(6)
The
location of trash containers shall be indicated on all site plans.
(7)
This
subsection shall apply to all properties within its scope, including
but not limited to those already containing trash containers. Properties
already containing trash containers shall be brought into compliance
with the fenced-enclosure requirements of this subsection on or before
April 1, 2013, and no fees shall be imposed for the issuance of any
permits or approvals required from the Town for such purpose.
E.
Fences, walls and enclosures. Requirements for fences,
walls and enclosures in commercial districts shall be the same as
the requirements in residential districts, except fences erected in
commercial districts shall not exceed six feet in height except chain
link fences which may extend to a height of eight feet.
