A.
Purpose. It is the purpose of this section to regulate
the operation of home occupations to ensure that the home occupation
remains secondary or incidental to the residential use. The right
of property owners to be free of nuisances caused by certain home
occupations is recognized. Only those uses will be allowed which:
B.
Home occupation characteristics. Home occupations
that will have no impact on the surrounding neighborhood are characterized
by the following criteria:
[Amended 1-19-2012 by L.L. No. 2-2012]
(1)
There is minimal exterior evidence of the occupation.
(2)
The
business may have up to three employees. The business may have additional
employees who do not work on premises and only occasionally visit
the premises.
(3)
The
business may have customer traffic normal and consistent to the type
of occupation.
(4)
There
may be occasional deliveries to or from the home occupation in addition
to routine mail and incidental package delivery.
(5)
Equipment,
other than normally used in household, domestic, or general office
use, may be used within the home and within accessory buildings.
C.
Standards. Home occupations shall meet the following
criteria:
[Amended 1-19-2012 by L.L. No. 2-2012]
(1)
Floor area. The home occupation shall not occupy more
than 30% of the gross floor area of the combined total of the dwelling
unit and all accessory buildings on the parcel.
(2)
Number of occupations per dwelling. No more than one
home occupation shall be permitted within any single dwelling unit,
including accessory buildings.
(3)
Limitations on nonresidents. The individual primarily
responsible for the home occupation shall reside in the dwelling unit.
(4)
Hours of operation. In no case shall a home occupation
be open to the public at times earlier than 8:00 a.m. or later than
9:00 p.m.
(5)
Storage. There shall be no storage of equipment and
supplies or parking of more than one business vehicle associated with
the home occupation unless stored within allowed accessory building(s)
which are, individually or in total, subservient to the scale of the
dwelling unit.
(7)
Prohibited
uses. Automotive sales and service, automobile body shops, automotive
repair, and small engine repair are all considered to be detrimental
to a residential neighborhood and are not allowed as home occupations.
(8)
Whenever
the scale and scope of a home occupation exceed the requirements for
a home occupation as defined in the Residential Code of New York State,
the requirements of the Building Code of New York State will apply.
D.
Procedures.
[Amended 1-19-2012 by L.L. No. 2-2012]
(1)
Site plan review. Every home occupation shall be required to make application for project approval in accordance with the procedures for site plan review as outlined in Article VI. Any site plan approvals granted to a home occupation shall not be transferable from person to person or from address to address.
(2)
Preexisting home occupations. A home occupation in
existence on or before the date of adoption of the Town's initial
Zoning Ordinance shall be considered grandfathered and allowed to
continue. Any expansion of a preexisting grandfathered home occupation
shall be subject to review in accordance with the provisions of this
section.[1]
[1]
Editor's Note: Former Subsection E, Enforcement; voiding of
permit, which immediately followed this subsection, was repealed 1-19-2012
by L.L. No. 2-2012. This local law also provided for the redesignation
of former Subsection F as Subsection E.
E.
Inspections. The Code Enforcement Officer shall have
the right at any time, upon reasonable request, to enter and inspect
the premises of the home occupation for safety and compliance purposes.
Public utility uses shall be subject to site
plan review by the Planning Board. The Planning Board shall have the
power to modify the site plan in order to protect the residential
character of adjoining properties. Underground utilities, including
gas and electric utilities, are encouraged. Public utility uses shall
not be construed to include the installation of standard electric
and telephone poles and lines, cable television lines, or connections
related thereto.
[Amended 2-20-2014 by L.L. No. 3-2014]
All proposed residential uses in any district which would occur within a designated one-hundred-year floodplain or floodway, as designated by the Federal Emergency Management Agency, shall be reviewed by the Building Inspector. All proposed nonresidential uses in any district which would occur within a designated one-hundred-year floodplain or floodway, as designated by the Federal Emergency Management Agency, shall be subject to site plan review by the Planning Board in accordance with the provisions of Article VI.
[Amended 1-19-2012 by L.L. No. 2-2012]
With the exception of agricultural uses and
unless otherwise specified, there shall be only one principal building
per lot in the R-R, LDR, RM, B-1, B-2 and RRD Districts. In the BP,
R67 Overlay and ID Districts, there may be more than one principal
building per lot, subject to site plan review.
[Amended 1-19-2012 by L.L. No. 2-2012]
Height limitations shall not apply to chimneys, silos, elevators, water tanks, ventilators, skylights, tanks, wind generators, television or private radio antennas and church spires, except that the height of such structures may be reviewed as part of a site plan review when the use is subject to such review pursuant to Article VI.
For any lot fronting on parallel or abutting
streets, both frontages shall comply with the front yard requirements
of the district in which it is located. For such lots, the rear yard
shall be considered the yard opposite the architectural front of the
house.
A.
On any lot or plot, junked or abandoned vehicles,
equipment and materials shall not be stored in the open areas of any
premises.
B.
All spaces between buildings shall be kept sufficiently
free and clear of materials of every nature for the purpose of providing
adequate light, air and protection against fire.
C.
Dumping of refuse or waste materials at places other
than a designated Town refuse facility is prohibited in all districts
within the Town, except for the purpose of filling to establish grades.
In such case, the material must be approved by the Code Enforcement
Officer prior to placement.
On a corner lot in any district, any tree, shrub,
fence or wall planted or built within 50 feet of the intersecting
street lines shall provide a clear site distance or be of open construction,
such as wire, wood, picket, or iron, and shall not exceed four feet
in height, except for such fences as may be installed as required
by the New York State Uniform Fire Prevention and Building Code surrounding
swimming pools.
A.
Residential districts.
(1)
No fence over four feet in height shall be erected
or maintained in the architectural front yard. The "architectural
front yard" shall be defined as the yard facing the side of the building
containing the architectural main entrance to the house.
(2)
No fence over six feet in height shall be erected
or maintained in any rear yard or side yard; no fence over five feet
in height shall be erected or maintained in the front yard not considered
to be the architectural front yard.
(3)
No stockade-type fence shall be allowed in any
front yard.
B.
Industrial or business districts.
(1)
A fence eight feet high with a barbed-wire top
or an electric-shock fence which would not be detrimental to the health,
safety or welfare of any person coming into contact with it may be
permitted, provided that said fence meets one of the following requirements:
(a)
The fence is needed to prevent entry to an area
that could be hazardous to the health, safety or welfare of a person
or persons;
(b)
The fence is needed to secure an area where
materials and/or equipment are stored;
(c)
The fence is needed to keep animals other than
common household pets, except in a kennel situation, from leaving
the site; or
(d)
Where the general community interest or interests
of national safety justify the need for such a fence.
(2)
Where a fence is electrified, signs at intervals
of not more than 50 feet shall be erected on the fence to clearly
indicate the fence is electrified.
(3)
Fencing for commercial and industrial districts
and utility facilities shall be approved by the Planning Board under
site review.
C.
Exemptions. Agricultural uses and activities shall
be exempt from the requirements of this section.
[Amended 4-6-2006 by L.L. No. 3-2006]
No swimming pool shall be constructed, installed,
used or maintained in any district except in accordance with the following
provisions:
A.
Definitions.
(1)
For the purposes of this section, the word "shall"
is always mandatory and not merely directory.
(2)
ABOVEGROUND SWIMMING POOL
IN-GROUND SWIMMING POOL
PRIVATE SWIMMING POOL
PUBLIC SWIMMING POOL
SWIMMING POOL
TOWN OF STILLWATER ZONING CODE
The following terms, phrases, words and their
derivations shall have the meanings given herein:
Any swimming pool located in or upon the ground which at
no point is more than 18 inches below grade. An aboveground swimming
pool is not a structure for purposes of this chapter.
Any swimming pool located in or upon the ground which extends
more than 18 inches below grade. An in-ground swimming pool is a structure
for purposes of this chapter.
Any swimming pool constructed, installed or maintained as
an accessory use on the same lot with a one- or two-family dwelling,
intended solely for the private use of any occupant of such dwelling
and such occupant's family and guests.
Any swimming pool which is not a private swimming pool, as
defined herein.
Any body of water in an artificial or semi-artificial receptacle
or other container, whether located indoors or outdoors, used or designed,
arranged or intended to be used for public, semipublic or private
swimming by adults or children, or both adults and children, whether
or not any charge or fee is imposed upon such adults or children,
and shall include all buildings, structures, appurtenances, equipment,
appliances and other facilities appurtenant to and intended for the
operation and maintenance of a swimming pool.
Those provisions of law enacted by the Town of Stillwater
as Local law No. 1-2002, and any subsequent amendments thereto.
B.
Fencing or covering.
(1)
No water shall be put or caused to be put in
any swimming pool unless a wall, fence or barrier, as required by
this section, shall have first been erected.
(a)
Any ladder or other means of access to such
swimming pool shall be completely enclosed by a durable wall, fence
or barrier; and such wall, fence or barrier and gate therein contained
shall meet all other requirements set forth herein.
(b)
The wall, fence or barrier shall be so affixed
to the swimming pool or so constructed that the only access to the
swimming pool is through its gate.
(c)
There shall be no accessory equipment, devices,
structures or debris so located as to present a substantial danger
or risk of unauthorized access to the swimming pool.
(2)
Any outdoor swimming pool having a depth of
18 inches or more and an area of 100 square feet or more shall be
enclosed by a durable wall, barrier or fence, unless such outdoor
swimming pool is covered with a suitable, strong, protective covering
fastened or locked in place when not in use or unattended. A cover
shall be considered to be of sufficient strength and securely fastened
or locked in place if, when fastened or locked in place, it will support
a minimum dead weight of 200 pounds.
(3)
Every outdoor swimming pool having a depth of
more than 18 inches or an area of more than 100 square feet, now existing
or hereafter constructed, installed, established or maintained, shall
be completely and continuously surrounded by a permanent durable wall,
fence or barrier which shall be located not less than four feet from
the furthest outside projection of the swimming pool and which shall
be no more than six feet nor less than four feet in height above grade
and shall be so constructed as to have no opening, mesh, hole or gap
larger than two inches in any dimension; provided, however, that if
a picket fence is erected or maintained, the horizontal dimension
of any gap or opening shall not exceed 2 1/2 inches.
(4)
All, walls, fences or barriers shall be constructed
in accordance with requirements of the New York State Uniform Fire
Prevention and Building Code and in conformity with all sections of
this chapter and other applicable local laws.
(5)
No wall, fence or barrier of any kind shall
be constructed or maintained which shall contain projections at any
point on its outer surface which present a substantial opportunity
or risk of unauthorized access to the swimming pool. Stockade-type
fences may be erected with either side facing out.
(6)
A dwelling house or accessory building may be
used as part of any wall, fence or barrier.
(7)
All gates used in conjunction with such wall,
fence or barrier shall conform to the above requirements as to height
and dimensions of openings, mesh, holes or gaps; and all gates and
doors shall be equipped with self-closing and self-latching devices
for keeping the gate or door securely closed at all times. Gates and
doors shall be locked when the pool is not in use or is unguarded
or unattended; provided, however, that the door of any dwelling which
forms a part of the wall, fence or barrier need not be so equipped
or locked.
(8)
In the event that the swimming pool is of the
aboveground type and is so constructed that it contains a wall, fence
or barrier of not less than two feet in height, measured from the
top lip, ledge or deck of such swimming pool, which wall, fence or
barrier completely surrounds such swimming pool and is otherwise constructed
in conformity with the provisions of this subsection and the top lip,
ledge or deck of such swimming pool is not less than four feet above
grade, a separate wall, fence or barrier as described hereinabove
shall not be required, provided that the following provisions are
met.
C.
Location. No outdoor swimming pool shall be situated
in the front yard of any residence. No outdoor swimming pool shall
be located less than 10 feet from any side or rear lot line. With
respect to aboveground swimming pools, said distance shall be measured
from the outer edge of any deck or platform attached to the wall of
the pool.
D.
Electrical protection.
(1)
Every aboveground swimming pool which employs
the use of any electrical device in connection therewith shall be
equipped with a ground-fault interrupter approved by Underwriters'
Laboratories, Inc.
(2)
All electrical devices used in connection with
any swimming pool must be approved by Underwriters' Laboratories,
Inc., prior to issuance of a certificate of compliance or subsequent
use of the pool.
(3)
No swimming pool shall be erected or located
within 25 feet of those points on the ground which are directly beneath
any overhead electrical transmission lines.
E.
New York State Sanitary Code. Any private swimming
pool with a water depth of more than 18 inches shall be used and maintained
in accordance with the provisions of the New York State Sanitary Code
and all other applicable rules and regulations.
F.
Public swimming pools.
(1)
No work shall be commenced on the construction
or installation of any public swimming pool, including excavating
or removing of sand, gravel, topsoil or other materials, until the
plans and specifications therefor have been approved by the Director
of Planning, Building and Development and the Town Engineer. The plans
and specifications shall contain a certificate by a professional engineer
licensed by the State of New York that the drainage of such swimming
pool is adequate and will not interfere with the public or private
water supply system, with existing sanitary facilities or with the
public highways.
(2)
Every public swimming pool shall be used and
maintained in accordance with the provisions of the New York State
Sanitary Code and all other applicable rules and regulations.
G.
Construction.
(1)
Construction may not commence on any in-ground
swimming pool until a building permit has been obtained from the Building
Department. An in-ground swimming pool shall not be used until a certificate
of compliance has been issued by the Building Department.
(2)
During the course of construction of an in-ground
swimming pool, a temporary fence shall be erected in accordance with
specifications established by the Director of Planning, Building and
Development.
H.
Abandonment. In the event that an owner shall abandon any swimming pool, the owner shall forthwith fill all voids and depressions and restore the premises to the same grade and condition as before the swimming pool was constructed. The owner shall notify the Director of Planning, Building and Development when the required restoration has been completed. Should the owner fail to make the necessary restoration, the Director may proceed pursuant to Article XVIII of this chapter.
I.
Modifications. The Zoning Board of Appeals may make
modifications in individual cases, upon a showing of good cause, with
respect to the requirements herein set forth, provided that the protection
as sought hereunder is not reduced by any such modification.
A.
Excavation.
(1)
Slopes caused by the excavation shall, upon
completion, not exceed 30%.
(2)
The depth of excavation shall approach no closer than five feet to the average high point of the groundwater table, measured annually, except upon a showing satisfactory to the Planning Board during site plan review under Article VI that the site plans contain mitigative measures adequate to assure that the proposed use of the land will not cause any undue, adverse impacts either to such groundwater table or to any surface waters into which such lands drain.
(3)
Stockpiled material shall not exceed 35 feet
in height.
Every principal building shall be built upon
a lot with frontage on a public street improved to meet the standards
of the Town of Stillwater. The required frontage for one principal
building shall be 50 feet, and such frontage shall provide actual
physical access to and from the lot to be built upon, for purposes
of ingress and egress to the lot by emergency vehicles, such as fire
trucks or ambulances.
[Amended 1-19-2012 by L.L. No. 2-2012]
When a residential structure is destroyed by a catastrophic event or act of God, such as a fire, tornado or hurricane, the owner may occupy a mobile home, travel trailer or travel vehicle that contains complete living unit facilities on the property for a period of up to six months while the home is being reconstructed. A special use permit obtained in accordance with the procedures in Article VII of this chapter shall be required for such temporary occupancy. The special use permit may be extended for no more than two six-month periods. The mobile home must be removed prior to the issuance of a certificate of occupancy for a reconstructed structure.
The regulations of this chapter do not apply
to the extraction of sand, gravel or topsoil for the purpose of private
use of less than 750 cubic yards in any two-year period.
Farm worker housing shall be allowed to house
workers who are directly employed on the farm on which the housing
is located, and their families. Such housing shall comply with all
of the requirements of the New York State Sanitary Code. The Planning
Board shall refer to the New York State Health Department for review
of the sanitary plans for the fifth and every subsequent unit of farm
worker housing and for any multifamily structure used for farm worker
housing. Such housing shall also comply with all of the requirements
of the New York uniform Fire Prevention and Building Code and current
HUD standards with respect to mobile homes. Such housing must comply
with the setback restrictions of this chapter as though they were
principal uses; however, lot area requirements do not apply to this
use. In issuing a special use permit for this use, the Planning Board
shall set forth terms for removal of the structures in the event the
use ceases.
[Added 7-27-2017 by L.L. No. 2-2017[1]]
Livestock may also be kept for noncommercial
purposes in certain zoning districts, provided that:
A.
No more than six hens may be kept and no rooster may
be kept on the property.
B.
The use shall be confined to a fenced enclosure of
no more than 200 square feet in area, located in a rear yard. The
fenced enclosure shall be at least 25 feet from any street line, at
least 15 feet from any residential dwelling and at least five feet
from any property line. In the instance that more than one distance
requirement shall apply, the greater distance requirements shall apply.
C.
Any portion of the enclosure located closer than 10
feet to a property boundary or directly visible from a street line
at any distance shall be screened by either a fence or a landscaped
buffer of at least four feet in height.
D.
A building shall be required for the hens. Any building
used for this purpose shall be located at least 10 feet from any lot
line. All such buildings shall be constructed and all food products
kept so as to prevent offensive odors and the presence of pests and
predators.
