[Amended 9-6-2000 by L.L. No. 2-2000]
Except as hereinafter provided:
A.
No building or land shall hereafter be changed in
use and no building or part thereof shall be erected, moved or altered
unless in conformity with the regulations herein specified for the
district in which it is located.
B.
No building shall hereafter be erected, moved, or
altered to exceed the height, to accommodate or house a greater number
of families, to occupy a greater percentage of lot area, or to have
front side or rear yards smaller than is specified herein for the
zoning district in which such building is located.
C.
No part of a yard or other open space required adjacent
to any building for the purpose of complying with the provisions of
this chapter shall be included as a part of a yard or other open space
similarly required for another building.
D.
No building,
structure or land shall be used or occupied except for those uses
permitted in the districts and overlay districts so indicated and
as set forth in the Zoning Schedule of this chapter.[1] Any use not expressly stated or permitted in the district,
overlay district or the Zoning Schedule is prohibited and shall require
a use variance and site plan approval.
[Added 9-3-2014 by L.L.
No. 8-2014]
[1]
Editor's Note: The Zoning Schedule is included as an attachment
to this chapter.
A.
To facilitate public understanding of this chapter
and for better administration thereof, the regulations limiting the
use of buildings and land and the bulk and arrangement of buildings
are set forth in the Zoning Schedule for each of the districts established
by this chapter.[1]
[1]
Editor's Note: The Zoning Schedule is included as an attachment
to this chapter.
B.
Wherever in the Zoning Schedule in the row pertaining
to a permitted use or uses there appears a "___", such symbol shall
be construed to include the specific limitations set forth in the
same column for the district and uses to which it relates, and in
all other places in such schedule the symbol shall be construed to
mean the limitation determined by the Planning Board for the special
use permit being sought. Otherwise all limitations as to use, percentage
of area, permissible height, minimum floor area, required yards and
minimum sizes thereof and other requirements shall be those set forth
in such schedule which for each district named shall be read across
the schedule from left to right.
A.
Height. The height limitations of this chapter shall
not apply to:
(1)
Increase in yard size. Churches, schools, hospitals,
water towers and other public and semipublic buildings, provided that
for each foot by which the height permitted in the district is exceeded
the side, front, and rear yards required in the district shall be
each increased an additional foot.
(2)
Height above roof level. Church spires, belfries,
cupolas and domes, not for human occupancy, monuments, observation
towers, transmission towers, chimneys, smokestacks, derricks, flag
poles, radio towers, masts and aerials, ventilators, skylights, water
tanks and necessary appurtenances usually carried above roof level.
B.
Area. No lot shall be reduced in area so that any
required area or open space will be less than prescribed in the regulations
for the district in which said lot is located. These provisions shall
not apply when a portion of a lot is taken for a public purpose.
C.
Existing lots. Other provisions of this chapter notwithstanding,
nothing shall prohibit the use of a lot of less than the required
area and width for a single-family dwelling in any district, except
a lot in an Industrial District, provided that all the other provisions
of this chapter are complied with, when such lot, at the time of the
passage of this chapter, was owned, or under contract of sale by persons
other than those owning or leasing any adjoining lot.
D.
Stripping of topsoil. Any land area of more than one
acre from which the topsoil has been removed or which has been covered
by fill shall be seeded to provide an effective cover crop within
the first growing season following the start of said operation.
E.
Lots in two districts. Where a district boundary line
divides a lot of record at the time of passage of this chapter, the
regulations for the less restricted portion of such lot shall extend
not more than 30 feet into the more restricted portion, provided the
lot has frontage on a street in the less restricted district.
F.
Fences and walls in residential districts.
[Amended 12-17-2014 by L.L. No. 10-2014]
(1)
Except as otherwise provided in the Zoning Schedule, fences and walls
are permitted in residential districts, but in no case shall they
exceed four feet in height in front and side yards (including lakefront
lots), and shall not exceed six feet in height in rear yards.
(2)
Fences and walls shall be located a minimum of one foot from front,
side and rear lot lines.
(3)
The good (flat) side of the fence shall face outward toward neighboring
properties and public and private roadways while the bracketed side
of the fence shall face inward and/or remain enclosed.
(4)
For lakefront lots, fences erected on the lakeside yard of the lot are limited to four feet in height and shall be constructed of chain link material or customary split rail fencing from the building line to ensure the least impact to lake views for surrounding properties and allow for reasonably unobstructed view of the lake (a minimum of 80% open view). Notwithstanding Subsection F(1) above, fences in rear lots of lakefront properties shall also be limited to four feet in height.
G.
Dumps. Dumping of refuse, waste material and other
substances is prohibited in all districts in the Town with the exception
of the solid waste transfer station.
H.
Adjoining business, residential districts, side and
rear yards. Buildings or structures hereafter erected or altered in
any nonresidential district, on a lot adjacent to or abutting on a
residential district shall comply with the following requirements:
(1)
Side lot lines. Along the side lot line of a nonresidential
use lot adjoining a residential district, there shall be provided
a yard of at least the minimum width required for side yards for residential
structures of equal height in such residential districts.
(2)
Rear lot lines. Abutting on the side lot line of a
lot in a residential district, there shall be provided a rear yard
of at least the minimum width required for the side yard residential
structures of equivalent height in such residential districts. Where
the rear of a nonresidential use lot abuts against the rear lot line
of a lot in a residential district, a building of incombustible material,
not exceeding two stories in height, may be erected on the rear lot
line in the nonresidential district, but any portion of such a building
above two stories in height must set back to provide a space equal
to the rear yard space required for the adjacent residential property.
I.
New access (driveway). When new access (driveway)
to a state or county highway is being created, there shall be provided
a turnaround area off the public right-of-way. This is intended to
eliminate the need to back a motor vehicle out onto a county or state
roadway.
J.
Adequacy of water supply and sewerage disposal. Before
a permit is issued for the construction of a building requiring a
water supply and sewerage disposal, the applicant shall provide written
evidence that acceptable provisions have been made for both.
K.
Accessory uses, buildings and structures. In all districts,
accessory uses, buildings and structures shall be permitted subject
to those limitations placed on the principal use of the same lot.
Lot line setbacks for accessory uses and buildings shall be established
as shown in the applicable area of the Zoning Schedule Narrative and
Zoning Schedule Notes ("Other provisions and requirements").[1]
[Amended 12-17-2014 by L.L. No. 9-2014]
[1]
Editor's Note: The Zoning Schedule Narrative is included as
an attachment to this chapter.
L.
Home business/occupation. A home business (also known
as "professional office in the home") is an accessory use by definition.
It shall be permitted in all districts subject to the issuance of
a special permit after the Planning Board has determined that the
requirements of this chapter have been met.
M.
Site plans.
Each application for a building permit shall be accompanied by a site
plan containing the location of all structures, utilities, drainage,
landscaping and such other information as required by Town Law § 274-a
and this chapter. All site plans must be reviewed by the Building
Administrator and the improvements must comply with all applicable
laws, rules and regulations.
[Added 6-7-2006 by L.L. No. 3-2006; amended 10-17-2012 by L.L. No. 3-2012; 5-7-2014 by L.L. No. 3-2014]
