A.
The general use regulations in each zoning district
are set forth in the attached Schedule of Use Regulations.[1]
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
B.
Interpretation.
(1)
Wherever in such schedule there appear the words "All
uses in (symbol of district)," such words shall be construed to include
the specific limitations set forth in the same column for the district
thus referred to. Otherwise, all limitations as to use shall be those
set forth in such schedule, which for each district named shall be
read from top to bottom.
[Amended 9-9-2002 by L.L. No. 3-2002]
(2)
Notwithstanding any other provisions herein, in the
event that a special permit is sought for a particular use not enumerated
herein, the Planning Board may, nevertheless, grant said permit, provided
that the use is in keeping with the general intent of the land use
of the Town and not inconsistent with or incompatible with other permitted
uses in the zoning district.
[Added 8-22-2005 by L.L. No. 7-2005]
The general area and bulk requirements in each
zoning district are set forth in the attached Schedule of Area and
Bulk Requirements.[1] This schedule is supplemented, as appropriate, by other
provisions of this chapter.
[1]
Editor's Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
Nothing contained herein shall prohibit the
use of a lot of less than the prescribed area, width or depth, when
such lot is owned individually or separately from any adjoining tract
at the time of enactment of Local Law No. 2-1971, adopted June 10,
1971, provided that all other provisions of this chapter met.
The height limitations of these regulations
shall not be applicable to renewable energy resources, barns and silos,
grain elevators, private home antennas and the following, provided
that such areas, not including solar energy devices, do not exceed
10% of the roof area to which they are a part: flagpoles, spires,
belfries, chimneys, transmission towers, skylights, water or cooling
towers and elevator or stair bulkheads. No such tower or other exception
shall be used as a place for habitation or for advertising unless
otherwise authorized by this chapter.
A.
Lot depth. The required depth may be decreased by
25% at any point, provided that the average lot depth conforms with
the minimum required.
B.
Required yards.
(1)
If two or more existing dwellings are located within
200 feet on each side of a proposed dwelling and on the same side
of the street within the same block and zoning district, said proposed
dwelling need not have a greater front yard than the average setback
of all existing dwellings so located.
(2)
On streets with less than a fifty-foot right-of-way,
the front setback shall be measured from the center line of the existing
right-of-way, and 25 feet shall be added to the required front yard
setback.
On a corner lot, each street frontage shall
be deemed a front street line, and the required yard along each such
lot line shall be the required front yard. The owner shall decide
which of the remaining yards shall be the required side yard and the
required rear yard.
At all street intersections, no obstructions
to vision, such as a fence, wall, hedge, structure or planting over
three feet in height, shall be erected on any lot within the triangle
formed by the intersecting street lines, or their projections where
corners are rounded, and a straight line joining said street lines
at points which are 40 feet distant from their point of intersection
measured along said street lines and/or projections.
A.
The following accessory structures may be located
in any required yard except where such constitute a permanent obstruction
in a required front yard in a commercial or industrial district:
(1)
Chimneys or pilasters.
(2)
Open arbors or trellises.
(3)
Unroofed steps, patios or terraces not less than 20
feet from the highway right-of-way or 10 feet from any side or rear
lot line, provided that the building complies with the yard requirements
of this chapter.
(4)
Awnings or movable canopies not to exceed 10 feet
in height.
B.
The following accessory structures may be located
in any side or rear yard, subject to the limitations contained herein:
(1)
Private in-ground or above-ground swimming pools not less than five feet from the side or rear lot line, in conformance with the requirements of § 219-35.
(2)
Permitted accessory buildings, provided that:
[Amended 3-28-1996 by L.L. No. 2-1996; 1-27-2003 by L.L. No.
1-2003]
(a)
No such building shall exceed 25 feet in height.
(b)
No such building shall be set back less than
five feet from any lot line nor 10 feet from the principal building.
(c)
All such structures in the aggregate:
[1]
Shall not occupy more than the allowed coverage
as listed in the area and bulk requirements of the this Code.[2]
[2]
Editor's Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
[2]
Shall not exceed the maximum structure coverage
and shall be set back behind the minimum front yard requirement as
listed in the area and bulk requirements of the this Code.[3]
[3]
Editor's Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
(d)
Not more than two such accessory structures
shall be allowed on an individual lot less than two acres unless the
owner obtains a special use permit.
[Added 5-28-1992 by L.L. No. 3-1992[1]]
It is recognized that property owners and land
planners should have full opportunity for subdivision of land and
at the same time avoid certain subdivision restrictions such as frontage
schedules that mitigate against legitimate use of rear acreage.
A.
A flag lot as defined in Article II, Definitions, shall have a minimum lot area equal to that of the zone within which it is located, not including the flag access strip.
B.
The flag access strip shall have a minimum width of
50 feet throughout its length.
C.
The maximum number on lots that may be served by one
flag access road shall be one.
D.
Flag lots shall not be permitted within a new proposed
major subdivision. It is the intent of this regulation to primarily
restrict flag lots to acknowleding changes in land use and permitting
utilization of some parcels of land that have been restricted by adoption
of and amendment to this chapter.
E.
No flag lot access strip shall be more than 600 feet
long as measured from the center line of its connection to a public
highway and the point/line where the flag lot is contiguous to the
access strip.
F.
In the event that a variance is granted allowing more
than one flag lot, the following shall apply. The owner of a flag
access road/drive serving more than one flag lot shall also comply
with the following: the owner shall cause to be recorded in the Rensselaer
County Clerk's Office a declaration of covenants, restrictions and
easements in a form acceptable to the Town/Planning Board Attorney,
which shall at a minimum provide:
(1)
Reciprocal easements for use of said road by each
owner of a lot served by said road.
(2)
A declaration that the Town has no responsibility
for the maintenance of said road.
(3)
Maintenance of the road to be paid for by the owners
of the lots served. Maintenance shall include normal surface repair,
reconstruction, drainage, snow and ice control and any and all other
costs which may be associated with said road.
(4)
A provision that if the road is offered to the Town
for dedication in the future, the road will first be brought up to
Town specifications, including width for a dedicated road, at the
expense of the owners of the lots served by said road.
(5)
That no certificate of occupancy be issued until the
road is constructed in accordance with the above specifications to
the satisfaction of the Town Superintendent of Highways.
[1]
Editor's Note: This local law also repealed
former § 219-21, Minimum lot frontage.
