Village of Coxsackie, NY Article IV Supplemental Regulations

§ 155-24 Purpose.

The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.

§ 155-25 Accessory uses.

A. Accessory buildings. Accessory buildings unattached to principal buildings shall be located no closer to the principal building than 12 feet. Any accessory building physically attached to a principal building, including being attached by means of a breezeway or a roofed passageway with open or latticed sides, is deemed to be part of such principal building in applying regulations. Accessory buildings may include but are not limited to the following: storage and garden sheds, swimming pools, garages and ball courts.

B. Location of detached accessory building in required yard area. Any accessory building shall be permitted in any required rear yard.

C. Setbacks. No accessory building shall be located closer than five feet to any lot line in commercial districts and the Community Services and Recreation District and 10 feet to any lot line in all other districts.

D. Swimming pools.

(1) Definition. A "swimming pool" is any structure intended for swimming, recreational bathing or wading which contains or which is designed to contain water over 24 inches deep. This includes in-ground, aboveground and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place wading pools.

(2) Pool alarms.

(a) Every swimming pool that is installed, constructed or substantially modified after the adoption date of this chapter must be equipped with an approved pool alarm which:

[1] Is capable of detecting a child entering the water and giving an audible alarm when it detects a child entering the water;

[2] Is audible poolside and at another location on the premises where the swimming pool is located;

[3] Is not an alarm device which is located on person(s) or which is dependent on devices located on person(s) for its proper operation.

(b) A pool alarm must be capable of detecting entry into the water at any point on the surface of the swimming pool. If necessary to provide detection capability at every point on the surface of the swimming pool, more than one pool alarm must be installed.

(c) Pool alarms are not required in:

[1] A hot tub or spa equipped with a safety cover; or

[2] Any swimming pool (other than a hot tub or spa) equipped with an automatic power safety cover.

(3) Pool barriers (fences).

(a) The barrier must completely surround the swimming pool and must obstruct access to the swimming pool.

(b) The barrier must be at least four feet high.

(c) In the case of an aboveground pool, the barrier may be at ground level or mounted on top of the pool structure; however, if the barrier is mounted on top of the pool structure, the space between the top of the pool structure and the bottom of the barrier cannot exceed four inches.

(d) A building wall can form part of the required barrier. However, where a wall of a dwelling serves as part of the barrier, at least one of the following requirements must be satisfied:

[1] The pool must be equipped with a powered safety cover.

[2] All doors with direct access to the pool through that wall must be equipped with an alarm.

[3] Other means of protection, such as self-closing doors with self-latching devices, which are approved by the Village Board.

(e) In the case of an aboveground pool, the pool structure itself can serve as a part of the required barrier, provided that the pool structure is sufficiently rigid to obstruct access to the pool. However, where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure and the means of access is a ladder or steps, then:

[1] The ladder or steps shall be capable of being secured, locked or removed to prevent access or the ladder or steps shall be surrounded by a barrier.

[2] When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a sphere four inches in diameter.

(f) Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.

§ 155-26 Fences and walls.

A. No fence shall be erected within the right-of-way of a public road.

B. No fence or wall shall exceed four feet in height in any front yard.

C. No fence or wall shall exceed six feet in height in any side or rear yard.

D. Corner lots. Fences located on corner lots shall meet the requirements of § 155-32.

E. Materials and construction. Barbed wire, chicken wire, pallets, plywood and construction fencing shall not be used as a fencing material or as any part of a fence.

F. Orientation. The finished or ornamental side shall face out from the property.

§ 155-27 Height restrictions.

Height exceptions. The height limitations of this chapter, shown on the zoning schedule,[1] shall not apply to the following structures: spires, belfries, cupolas, antennas, communication towers, chimneys, ventilators, skylights, water tanks, bulkheads and other necessary mechanical appurtenances usually placed above the roof level, parapet wall or cornice extending above such height limit not more than five feet. No such uses shall in their aggregate coverage occupy more than 20% of the roof area on which located.

[1] Editor's Note: See Schedule C Dimensional Standards, included at the end of this chapter.

§ 155-28 Lots.

A. Subdivision of a lot. Where a lot is formed hereafter from the part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.

B. Existing undersized lots. Any lot held in single and separate ownership prior to the adoption of this chapter with area and/or width and/or depth less than the specified minimum lot requirements of this chapter for that district may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that:

(1) Such lot does not adjoin another vacant lot or lots held by the same owner, with an aggregate area equal to or greater than the minimum lot area required for that district.

(2) Such lot has an area of at least 3/4 of the required square footage and a minimum width of at least 3/4 of the required front footage.

(3) The following minimum yard dimensions are maintained: at least 3/4 of the required footage for side, front and rear yards.

(4) All other requirements for that district are complied with.

C. Access to lots. A lot to be used for building purposes shall have direct frontage on a street.

D. Lots under water or subject to flooding. No more than 10% of the minimum area requirement of a lot may be fulfilled by land which is under water or subject to periodic flooding. Land which is under water that is open to use by persons other than the owner of the lot shall be excluded entirely from the computation of the minimum area of that lot. For the purposes of this section, land in the bed of a stream not exceeding five feet in width at mean level and land in any pond not exceeding 150 square feet in area shall not be considered as under water.

E. Excavations for construction of buildings. Excavations in connection with the construction on the same lot of a building for which the building permit has been issued shall be permitted in any district. In the event that building construction operation is arrested prior to completion of the building, the premises shall be cleared of rubbish, building materials or other unsightly accumulations. Any excavation for a building basement, foundation, utility or otherwise for a depth greater than two feet below grade shall be filled and 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. Where necessary, suitable gates shall be installed and provided with locks. Such clearing, filling and/or fence shall be completed no later than the expiration date of the building permit.

§ 155-29 Maximum impervious surface.

All lots are subject to maximum impervious surface limits noted in Schedule C.[1]

[1] Editor's Note: Schedule C, Dimensional Standards is included at the end of this chapter.

§ 155-30 Performance standards.

Nonresidential uses, including but not limited to those uses located within the Neighborhood Commercial, Community Commercial, Village Center, Waterfront Development and Industrial Districts are subject to the following additional regulations:

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

ANSI

American National Standards Institute or its successor bodies.

A-WEIGHTED SOUND PRESSURE LEVEL

The sound pressure level as measured with a sound level meter using the A-weighting network, used to approximate the average human ear response to a range of sound frequencies.

CONSTRUCTION

On-site erection, fabrication, installation, alteration, demolition or removal of any structure, facility or addition thereto, including all related activities, including, but not limited to, clearing of land, earthmoving, blasting and landscaping.

DBA

A sound level in decibels determined using the A-weighting network of a sound level meter.

DECIBEL (dB)

A unit of measure, on a logarithmic scale, of the ration or magnitude of a particular sound pressure to a standard reference pressure, which, for purposes of this chapter shall be 20 micropascals.

EMERGENCY

A public calamity, utility services failure or an exposure of any person or property to actual or immediate danger.

EMERGENCY OPERATIONS

The work or activity that is needed to prevent or recover from an emergency, including but not limited to fire or burglar alarms and other emergency signaling devices and work to repair electric, gas, water, sewer or telephone services.

IMPULSIVE SOUND

A single noise event or series of single noise events, which result in a high peak sound level of short duration (less than one second). Examples include, but are not limited to gun shots, blasting or hammering.

SOUND

An oscillation in pressure in air.

SOUND LEVEL

In decibels, a weighted sound pressure level, determined by the use of metering characteristics and frequency weightings specified in ANSI S1.4-1983.

SOUND LEVEL METER

An instrument designed to detect and measure sound pressure levels and display this information in decibels in an analog or digital form. An instrument meeting the requirements of this chapter shall conform to the requirements of ANSI S1.4-1983, Type 1 or Type 2.

B. Noise. At the property line, noise levels shall be measured in decibels and shall not exceed the following:

	Sound Pressure Level Limits (Measured in dBA Scale)
	Adjacent Use	Day (7:00 a.m. to 10:00 p.m.)	Night (10:00 p.m. to 7:00 a.m.)
	Residential	65	55
	Commercial	70	60
	Industrial	80	80

(1) Noise levels specified in the table above may be exceeded by 10 dBA for up to 15 minutes per day.

(2) Noise shall be measured by a meter set on the A-weighted slow response scale. The meter shall meet the American National Standards Institute (ANSI SI.4-1983) "American Standard Specification for General Purpose Sound Level Meters."

(3) The following are exceptions to the noise standards specified in this section:

(a) Operation of small garden equipment, including but not limited to lawnmowers and leaf blowers between the hours of 7:00 a.m. and 9:00 p.m.

(b) Operation of snow blowers between the hours of 6:00 a.m. and 10:00 p.m.

(c) Operation of agricultural equipment or devices between the hours of 6:00 a.m. and 10:00 p.m., except that impulsive sounds emanating from corn guns and other devices designed to discourage predators shall not be discharged more frequently than at fifteen-minute intervals in residential districts and/or within 500 feet of a residential district boundary.

(d) Emergency operations as defined in § 155-30A above.

(e) Sounds of nature, such as crickets and other insects, frogs, birds and other animals.

(f) Operation of a duly licensed motor vehicle on a public street and/or the first 25 feet into a parcel along a private access drive.

(g) Bells, chimes or carillons of religious facilities or houses of worship.

(h) Noise of aircraft or flight operations.

(i) Backup alarms as required for safety, OSHA or other federal or state regulations.

(j) Publicly sponsored celebrations.

(k) Legal uses at the time of adoption of this chapter.

C. Vibration. No activity shall cause or create a steady-state or impact vibration discernible at any property line except for permitted blasting in which case vibration and air shock levels shall meet the United States Bureau of Mines standards (Bureau of Mines Report of Investigation 8485) at the nearest structure.

D. Glare and heat. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the property line on which such use is situated.

E. Smoke. Smoke shall be measured at the point of emission and shall not exceed visual opacity of 20%.

F. Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable at the property line of the zone lot from which they are emitted without instruments.

G. Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of any pollution shall be permitted which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling.

H. Wastes. No solid or liquid wastes shall be discharged into any public sewer, common or private sewerage disposal system, stream or on or into the ground, except in strict conformance with the standards approved by the New York State Health Department, the New York State Department of Environmental Conservation or other duly-empowered agency.

I. Radioactivity or electromagnetic disturbance. No activity shall be permitted which emits dangerous radioactivity beyond the building in which such activity is located or electrical disturbance adversely affecting the operation of radios, televisions or any equipment other than that of the creator of such disturbance.

J. Fire and explosion hazards. All activities involving and all storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire suppression equipment and devices standard in the industry. All applicable requirements of the New York State Uniform Fire Prevention and Building Code,[1] DEC regulations, as well as the provisions of the National Fire Protective Association (NFPA) code, shall be fully observed.

[1] Editor's Note: See Executive Law § 370 et seq.

§ 155-31 Transitional areas.

A. Lots in two districts. Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such lot may extend not more than 30 feet into the more restricted portions, provided that the lot has frontage on a street in the less restricted district.

B. Yard requirements for zones abutting residential zones. Where the corner lot of a zone other than residential fronts on a street that is otherwise residential, yard requirements for the frontage on such residential street shall be the same as required for the residential district.

§ 155-32 Visibility at intersections.

On a corner lot in any district, no fence, wall, hedge, sign or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines, or their projections where corners are rounded, and a straight line adjoining said street lines at points which are a distance of 30 feet from the point of intersection, measured along said street lines or projections. The height of three feet shall be measured above the curb level, if any, or above the existing road level. In no event, however, shall a hazard to traffic be erected or maintained.

§ 155-33 Yards; projections into yards.

A. Terraces. A paved terrace may be included as part of the yard in determination of yard size; provided, however, that such terrace is unroofed and without walls or parapets. Such terrace, however, may have a guard railing not over three feet in height and shall not project into any yard to a point closer than five feet to any lot line.

B. Porches. No porch may project into any required yard. An enclosed porch shall be considered a part of the building in determining the size of yard or amount of lot coverage.

C. Projecting architectural features (horizontal). The space in any required yard shall be open and unobstructed, except for the ordinary projection of the windowsills, belt courses, chimneys, cornices, eaves and other architectural features; provided, however, that such features shall not project more than three feet into any required yard.

D. Yards for corner lots. On a corner lot, each side which abuts a street shall be deemed a front yard, and the required yard along each street shall be the required front yard. The owner shall decide, when applying for a building permit, which of the remaining yards shall be the required side yard and the required rear yard.

E. Yards for double-frontage lots. For any through lot fronting on parallel or abutting streets, both frontages shall comply with the front yard requirements of the district in which it is located.

F. Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than three feet; provided, however, that the sum of such projections on any wall do not exceed 1/4 of the length of any wall.

G. Fire escapes. Open fire escapes may extend into any required yard not more than six feet; provided; however, that such fire escape shall not be closer than four feet at any point to any lot line.

§ 155-34 (Reserved)

§ 155-35 (Reserved)