A.
The Town of Wawayanda is hereby divided into the following zoning
districts:
[Amended 9-2-2021 by L.L. No. 4-2021]
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AP
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Agricultural Preservation
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AB
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Agricultural Business
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AR
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Agricultural Residential
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SR
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Suburban Residential
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RH
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Rural Highway
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H
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Hamlet
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TC-1
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Town Commercial
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TC-2
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Town Commercial
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MC 1
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Mixed Commercial
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MC 2
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Mixed Commercial
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B.
The aforesaid districts are described below and are shown on the Zoning District Map, which is annexed hereto and made a part of this chapter. The zoning districts are subject to regulations contained in this chapter. The uses applicable to each district are set forth in the respective schedule of zoning district regulations attached to this chapter. Uses that are not explicitly allowed by issuance of a special use permit and/or site plan approval are prohibited.
[Amended 9-2-2021 by L.L. No. 4-2021; 11-4-2021 by L.L. No. 5-2021]
The boundaries of the land use districts are hereby established
on a map entitled "Town of Wawayanda Zoning Map," adopted by the Town
Board as part of this chapter. An unofficial photo reduction of this
map is attached hereto for reference purposes only as Schedule B.[1] If changes are made in district boundaries or other matter
portrayed on the Zoning Map, such changes shall be noted by the Town
Clerk on the official Zoning Map promptly after the amendment has
been approved by the Town Board.
[1]
Editor's Note: A copy of the Zoning Map is included at the
end of the Code.
Location of boundaries. Where uncertainty exists as to the boundaries
of districts as shown on the Zoning Map, the following rules shall
apply:
A.
Boundaries indicated as approximately following the center lines
of streets or highways shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following lot lines shall be
construed to follow such lot lines.
C.
Boundaries indicated as following shorelines of streams, lakes and
reservoirs shall be construed to follow such shorelines and, in the
event of change in the shoreline, shall be construed as moving with
the actual shoreline.
A.
Where a district boundary line divides a lot of record at the time
such line is established, the Planning Board may allow the extension
of activities permitted in one district to the other as a special
use. This is to permit more flexibility in the use of large parcels.
B.
When the specific location of a zoning district boundary line cannot
be ascertained, the Building Inspector/Code Enforcement Officer shall
request the Planning Board to render an interpretation, which shall
then be used as the basis for applying zoning standards,
The restrictions and controls intended to regulate development
in each district are set forth in the Schedule of District Regulations,
which is then supplemented by other sections of this chapter and other
laws of the Town of Wawayanda. Any use identified as a principal permitted
use shall be permitted as a matter of right upon application to the
Building Inspector, provided the proposed use is in compliance with
these regulations. Special uses are also subject to site plan review
and, specifically, Planning Board approval as prerequisites to the
Building Inspector/Code Enforcement Officer issuing a permit for their
establishment. Site plan review shall also be required for new nonresidential
uses, nonagricultural changes of use and such other uses as the Town
Board may from time to time designate by local law. Accessory uses
are permitted to accompany or precede principal permitted and special
uses, and permits for these uses shall be issued directly by the Building
Inspector.
[1]
Editor's Note: The schedules of district regulations for the
various zoning districts are included at the end of this chapter.
A.
Whenever any owner or occupant of any property in the Town of Wawayanda
shall, for any purpose, establish a new use, commercially clear, excavate
or grade land in excess of one acre, make permanent structural improvements
to a property, erect a new building, add to or enlarge any existing
land use or building, such owner or occupant shall first comply with
the requirements of this chapter and obtain any approvals and permits
required hereunder, unless specifically exempted from such requirements
by this chapter. An approval shall be required whenever a change in
land use occurs, regardless of whether or not any new construction
is involved hereunder, excepting agricultural activities and single-family
home construction.
B.
If a proposed use is not specifically listed in any category of uses
or within any zoning district on its schedule of district regulations,
the Planning Board shall refer it to the ZBA for a formal determination
as to whether or not the use is permitted in a given district, and
if the use is permitted, it shall then deem the application as a permitted
use. If permitted, the ZBA will send the applicant back to the Planning
Board for site plan approval.
C.
Any use which is noxious, offensive or objectionable by reason of
the emission of smoke, dust, gas, odor or other form of air pollution,
or by reason of the deposit, discharge or dispersal of liquid or solid
wastes in any form in a manner or amount as to cause permanent damage
to the soil and stream or to adversely affect the surrounding area,
or by reason of the creation of noise, vibration, electromagnetic
or other disturbance, or by reason of illumination by artificial light
or where light reflection emanates, or which involves any dangerous
fire, explosive, radioactive or other hazard, or which causes injury,
annoyance or disturbance to any of the surrounding properties or to
their owners and occupants, and any other process or use which is
unwholesome and noisome and may be dangerous or prejudicial to health,
safety or general welfare is prohibited. Further, except as may herein
be provided, the following uses and activities are expressly prohibited:
(1)
Dumps. No dump or deposit of rubbish or garbage or tires, where vermin, flies or mosquitoes may breed, from which offensive odors may be emitted or where a smoldering fire may burn, shall be permitted except for municipal transfer stations. See § 152-1 of the Town's Code.
(2)
Junkyards, as defined herein.
(3)
Construction and demolition (C&D) dumps.
(4)
Commercial stripping of topsoil. To strip or otherwise remove topsoil
for sale or for other use other than on the premises from which the
same shall be taken shall be prohibited, except in connection with
the construction or alteration of a building on such premises and
excavating or grading incidental thereto, and then only with a special
use permit from the Planning Board. Commercial stripping of topsoil
shall not be construed to apply to the sale of sod but shall apply
to the stripping of soil within the black dirt region.
(5)
Permanent installation or use of any mechanical, electrical or other
sound-amplifier device. To install or use any mechanical, electrical
or other sound-amplifier device or similar device for magnifying sound
whereby the sound is audible beyond the premises on which it is installed
or located shall be prohibited. This prohibition shall not apply to
or infringe on the right of freedom of speech or of worship, inhibit
the announcement of necessary public information nor limit the use
of a public address system in a summer colony or camp for the purpose
of making announcements, provided that the same is reasonable and
necessary.
(6)
Artificial lights as traffic hazards. No artificial lights or reflecting
devices shall be located or otherwise displayed where such lights
or devices interfere with, compete for attention with, or may be mistaken
for traffic signals or divert the attention of operators of motor
vehicles, or otherwise create traffic hazards.
(7)
Blinking and flashing signs. Except for traffic signals regulated
and approved by the appropriate state, county or Town transportation
agency, blinking and/or flashing signs are prohibited.
A.
General application. No building or structure shall exceed in building
height the number of feet permitted as a maximum on the schedule of
district regulations for the district where such building or structure
is located.
B.
Permitted exceptions. Height limitations stipulated elsewhere in this chapter shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, chimneys, smokestacks, flagpoles, farm buildings or similar noninhabited structures under 100 feet in height. Radio and transmission towers shall be subject to the requirements of § 195-40 of this chapter. Noninhabited structures over 100 feet in height may be permitted as special uses, provided they are sufficiently set back from adjoining properties to avoid any safety hazard connected therewith and meet all state and federal air safety and electronic communications standards. Other height exceptions may be granted as special uses where fire-fighting capacity will not be threatened and buffers and setbacks are also proportionally greater.
Wherever a side or rear yard is adjacent to a street, the front
yard setback shall apply to such side or rear yard. Corner lots shall
be deemed to have two front yards, one side yard, and one rear yard.
The following projections into required setback areas may be
permitted:
A.
Side yard exception. Where the side wall of a building is not parallel
with the side lot line or is irregular, the side yard may be varied,
at the discretion of the Planning Board. In such case, the average
width of the side yard shall not be less than the otherwise required
minimum width; provided, however, that such yard shall not be narrower
at any point than 1/2 the otherwise required minimum width.
B.
Any new residential structure located within 150 feet of the front
property line which provides its required frontage shall orient the
front of the building generally parallel to the front property line.
The front of the building shall be considered the longest portion
of the structure and shall contain the main access door.
C.
Front yard exception. When an unimproved lot is situated adjacent
to or between improved lots already having a principal building within
the required front yard, the front yard for the unimproved lot may
be reduced to the average depth of the front yards for the two nearest
adjoining improved lots but not less than 20 feet from the property
line.
D.
Provision of yard or other open space. No yard or other open space
provided about any buildings for the purpose of complying with the
provisions of this chapter shall be considered as providing a yard
or open space for any other building, and no yard or other open space
on another lot shall be considered as providing a yard or open space
for a building on any other lot.
E.
Waterfront yards. Any yard which borders on a New York State Department
of Environmental Conservation classified lake, stream or body of water
shall be not less than 100 feet in depth except for boathouses and
docks.
A.
The location, limitation and coverage of residential accessory buildings
shall be as follows:
(1)
No accessory building permitted by this chapter shall be placed in
any required side or front yard except as provided in this article.
(2)
The aggregate ground area covered by any accessory buildings in any
rear yard shall not exceed 50% of the rear yard area.
(3)
Accessory structures on residential lots not attached to a principal
structure shall:
(a)
Be located not less than 10 feet from any side or rear lot line.
(b)
Be no closer to the street than any principal structure on the
lot, except in the case of farm buildings. Accessory buildings to
principal structures located more than 250 feet from the front lot
line shall also be exempt. Accessory structures may, in these situations,
be located in front of residences but not in required front yard areas.
(4)
Storage trailers, railroad cars, bulk containers or retired mobile
home units and recreational vehicles shall not be used for purposes
of accessory structures in connection with any nonagricultural use.
(5)
Swimming pools shall comply with the applicable sections of the New
York State Uniform Fire Prevention and Building Code, as amended.
(6)
The finished side of the fence shall face the adjoining property.
[Amended 3-4-2021 by L.L. No. 2-2021]
(a)
Except as otherwise approved by the Planning Board as part of
a site plan, fences and walls:
[1]
Shall not exceed six feet in height when erected in required
side or rear yards and shall not exceed four feet in height when erected
in the required front yard;
[2]
The setback requirements in this chapter shall not apply to
retaining walls or fences less than or equal to six feet high in any
side or rear yard, except where corner clearances are required for
traffic safety, and shall not exceed four feet in any front yard;
[3]
The setback requirements of this chapter shall not apply to
any front yard fences or walls less than four feet high, except that
customary agricultural wire, board, or split rail fencing which does
not obstruct visibility, may be higher;
[4]
Shall conform to corner lot requirements contained herein; and
[5]
Shall be measured from the ground level at the base of the fence
or wall, excepting that where there is a retaining wall the height
shall be measured from the average of the ground levels at each end
of the retaining wall.
(b)
All retaining walls over four feet high shall be designed by
a New York State-licensed design professional and obtain a building
permit from the Building Inspector.
(c)
Fences and walls shall be set back a minimum of 12 feet from
the edge of the pavement, but must be located out of the Town's right-of-way.
B.
Accessory structures to commercial or industrial uses shall require
site plan and/or special use approval from the Town of Wawayanda Planning
Board. Existing, approved commercial or industrial site plans may
add one accessory structure, such as a shed, up to 300 square feet,
for storage, without additional site plan or special use permits,
providing they meet all other applicable regulations and setbacks
in the zone.
[Amended 10-16-2012 by L.L. No. 1-2012; 3-4-2021 by L.L. No. 2-2021]
C.
Single-family dwellings. One single-family detached dwelling, not
to exceed one dwelling on each lot.
[Added 10-16-2012 by L.L. No. 1-2012; amended 3-4-2021 by L.L. No. 2-2021]
