The following regulations shall apply in all districts:
A. Buildings, uses and lots.
(1) Lot. Every building hereafter erected shall be located on a lot as
herein defined.
(2) Required street frontage. No certificate of compliance or certificate
of occupancy shall be issued for any land use or structure unless
the lot upon which such land use is to be established or structure
is to be built has the required frontage on a street or highway as
defined herein, which street frontage provides vehicular access to
such land use or structure and which street or highway shall have
been suitably improved to the satisfaction of the Planning Board.
(3) Yard and open space for every building. No yard or other open space
provided about any building for the purpose of complying with the
provisions of these regulations shall be included as any part of the
yard or open space for any other building. No yard or other open space
on one lot shall be considered as a yard or open space for a building
on any other lot.
(4) Subdivision of a lot. Where a lot is formed hereafter from 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,
setbacks, and other required spaces in connection therewith, and no
permit shall be issued for the establishment of a land use or the
erection of a building on the new lot thus created unless it complies
with all the provisions of this chapter.
(5) Irregularly shaped lots. Where a question exists as to the proper
application of any of the requirements of this chapter to a particular
lot or parcel because of the peculiar or irregular shape of the lot
or parcel, the Planning Board shall determine how the requirements
shall be applied, unless it appears that a variance is required, in
which case the Zoning Board of Appeals shall make such determination.
(6) The use of modular homes, as that term is defined herein, for single-family
dwellings is allowed in all residential districts as provided for
in the New York State Building and Fire Code. Manufactured homes,
as that term is defined herein, are only permitted in the A and TR-1
and TR-1/2 Districts. In the TR-1 and TR-1/2 Districts, one manufactured
home may be located on any individual lot that is not part of an approved
manufactured home park, provided that such lot complies with all normal
area and dimensional requirements for the TR-1 District. In the A
District, manufactured homes are permitted only as an accessory use
to agriculture.
[Amended 9-8-2010 by L.L. No. 13-2010]
(7) Camping trailers and travel trailers. On residential parcels, a maximum
of one camping trailer or one travel trailer may be parked or stored
per lot, provided that it is not parked or stored in a front yard
and provided that no living quarters shall be maintained nor any business
conducted in connection therewith while such trailer is so parked
or stored on the lot. Recreational vehicles for dwelling purposes
are not permitted in any district.
(8) Commercial vehicles. On residential parcels, a maximum of one commercial
vehicle with a gross weight of 10,000 pounds (five tons) or less may
be parked or stored per lot, provided that it is not parked or stored
in a front yard. See "commercial vehicle" under Definitions.
[Amended 6-8-2011 by L.L. No. 2-2011]
(9) Odorous matter. No land use shall be permitted which emits any discernible
odor outside the building in which the use is conducted with the exception
of restaurants and other places serving food and beverages so long
as such exceptions are conforming uses in respect to the Town of Lloyd
Code and all New York Department of Health, Ulster County Department
of Health, or New York State Department of Environmental Conservation
requirements.
(10) Dumpsters, garbage cans, and other refuse containers shall not be
permitted to be placed in the front yard on any lot except for the
16 hours prior to and 24 following refuse pickup. All refuse containers
of any kind shall be set back or screened from the neighboring properties,
public spaces, and roadways in such a manner to sufficiently block
them from view.
[Added 6-8-2011 by L.L. No. 2-2011]
(11) No excavation shall occur on any property that does or might impact
neighboring properties, unless the edge of excavation shall have such
protection against erosion or settling so as to protect the neighboring
properties.
[Added 6-8-2011 by L.L. No. 2-2011]
(12) Yard/garage sales.
[Added 6-8-2011 by L.L. No. 2-2011]
(a) Garage sales must be conducted on the premises of a single-family
or multifamily dwelling.
(b) At least one seller shall be a resident of the premises or an authorized
agent of the estate at which the garage sale is conducted. The sale
of goods shall be limited to those items belonging to the seller conducting
the sale which were acquired by the seller for his or her own use,
whether or not such goods were actually used by the seller. Garage
sales shall not include goods, new or used, specifically acquired
by the seller for resale.
(c) No more than three garage sales shall be conducted at the same premises
or by the same person in any one twelve-month period.
(d) Garage sales shall be no longer than three consecutive days.
(e) Garage sales shall only be conducted between 8:00 a.m. and 6:00 p.m.
(f) The person conducting the garage sale shall be responsible for the
maintenance of good order during the hours of the sale.
B. Yards, yard improvements, building projects and setbacks.
(1) Patios. A paved patio shall not be considered in the determination
of building coverage or yard requirements; provided, however, that
such patio is without roof, awnings, screens, walls, parapets or other
forms of enclosure. Such patio, however, may have a guard railing
or open fence, but such patio shall not project into any yard to a
point closer than five feet from any lot line.
(2) Porches. No porch may project into any required setback. Any two-story
or any enclosed porch, or one having a roof and capable of being enclosed,
shall be considered a part of the building in determining the yard
requirements for amount of building coverage.
(3) Projecting horizontal architectural features. Architectural features,
such as windowsills, belt courses, chimneys, cornices, eaves or bay
windows, may project not more than three feet into any required setback.
The sum of any bay window projections or any wall shall not exceed
1/4 the length of said wall.
(4) Fire escapes. Open fire escapes may extend into any required setback
not more than five feet.
(5) Height exceptions.
(a)
The height limitations of this chapter shall not apply to flagpoles,
church spires, belfries, cupolas and domes not used for human occupancy,
nor to chimneys, ventilators, parapets, skylights, water tanks, bulkheads
or similar features, radio and television receiving antennas for the
use of residents of dwellings in apartments, and necessary mechanical
appurtenances usually carried above the roof level. Such a feature,
however, shall be erected only to a height necessary to accomplish
the purpose it is intended to serve, but in no case more than 15 feet
above its lowest point of contact with the roof. The total area covered
by such features shall not exceed in cross-sectional area 15% of the
area of the section of roof upon which they are located. Such features
as water tanks, cooling towers and bulkheads shall be enclosed within
walls of material and design in harmony with the main walls of the
building on which they are located.
(b)
Barns, silos, solar energy systems, wireless telecommunications facilities, and small wind energy facilities may exceed the height limits of this chapter, provided that they comply with the applicable sections of Article
VI.
(c)
This Subsection
B(5) shall not be construed to permit any structure that is not allowed elsewhere in this chapter.
(6) Parapet walls. A parapet wall may extend no more than five feet above
the roof of the building on which it is located, nor more than five
feet above the height limit for the district in which it is located.
(7) Walls and fences.
(a)
It shall be unlawful to construct or commence the construction
of a wall or fence without first filing with the Code Enforcement
Officer an application, in writing, and obtaining a formal permit.
(b)
No wall or fence consisting of woven wire, woven board, picket
board, cultivated or natural growth of shrubs or trees, or any other
material shall exceed six feet in height. However, if such wall or
fence shall be erected along any road or highway, the permitted height
thereof shall not exceed 2 1/2 feet at any point within a radius
of 30 feet from the corner formed by any intersecting roads or highways.
All front and corner heights shall be measured from the natural grade.
(c)
A wall or fence on any lot line of a parcel of one acre or more
in size with at least 150 feet frontage or on lot lines between business-
and residential-zoned property may exceed the maximum height allowed
herein up to a maximum of eight feet, but only by review and approval
of the Planning Board.
(d)
In any zoning district, all walls and fences shall have the
face of the wall or fence directed toward the abutting property.
(e)
In all conflicts of interpretation of side line or rear line,
the height of the wall or fence applicable shall be the lower height
allowed.
(8) Visibility at intersections. On any corner lot, no building, fence,
wall, hedge or other structure or planting more than 2 1/2 feet
in height shall be erected, placed or maintained within the triangular
area formed by the intersection street lines and a straight line joining
said street lines at points which are 30 feet distant from their point
of intersection, measured along said street lines. The height of 2 1/2
feet shall be measured above the road surface at the nearest edge
of the pavement. This section shall not apply to existing trees, provided
that no branches are located closer than six feet to the ground.
(9) Agriculture. Agriculture, as specifically defined in §
100-8 of this chapter, shall be permitted in the A, R-1/4, R-1/2, R-1, and R-2 Districts, provided that the following criteria are met:
[Amended 9-8-2010 by L.L. No. 13-2010]
(a)
Buildings or structures for the storage of any farm equipment
and for permitted fowl or livestock shall be located not less than
50 feet from any lot line, nor, except in the A District or where
the farm operation precedes the residential use, within 200 feet of
the nearest neighboring residential structure. No fenced area for
such fowl or livestock, except in the A District or where the farm
operation precedes the residential use, shall be closer than 100 feet
to an existing neighboring residential structure.
(b)
The storage of manure or other dust- or odor-producing substances
shall be adequately screened from the view of adjacent properties
and located not less than 100 feet from any lot line, stream or other
water body, or well providing a source of potable water, nor within
200 feet of the nearest neighboring residential structure.
(10)
Animal husbandry. Animal husbandry shall be permitted in the
A, R-1 and R-2 Districts, provided that:
[Amended 6-8-2011 by L.L. No. 2-2011]
(a) In R-1 and R-2 Districts (These requirements shall not apply in A
Districts.):
[1] Animal husbandry shall be for personal use only.
[2] The lot shall be a minimum of five acres in size.
[3] A minimum twenty-five-foot buffer shall be provided on all sides
of the lot boundaries.
[4] Fences or corrals must be a minimum of 25 feet from all lot boundaries.
[5] The following schedule shall be adhered to: one horse per two acres;
or one cow per two acres; or one sheep per acre; or one goat per acre;
or a 36 total of any combination of 12 fully grown chickens, ducks,
geese or other fowl or birds of any type per acre. Roosters are forbidden
in R zones.
(11)
Agricultural buffers. Recognizing the potential incompatibility
of certain agricultural procedures and residential development, the
following provisions shall be adhered to:
(a)
Buffers adjacent to actively farmed lands within a New York
State certified agricultural district shall be established in new
residential subdivisions and other nonfarm uses. The buffer area as
part of the new residential or other nonfarm use shall consist of
an enhanced setback of at least 50 feet and, at the discretion of
the Planning Board, up to 100 feet depending on the type of agriculture
or farm use, the topography, and the proposed design of such buffer.
Appropriate landscaping and/or vegetative screening shall be established
and maintained on such buffers. Such buffer and its standards shall
be noted on any approved subdivision plat or site plan.
(b)
The deeds of new residential units located partially, wholly or within 500 feet of either a New York State certified agricultural district or land for which an individual commitment has been received pursuant to § 305 or 306 of the Agriculture and Markets Law of the State of New York shall contain references to notes that shall be placed on the subdivision plat and/or site plan relative to the hazards and nuisances (noise, odors, dust, hazardous chemical use, etc.) to which residents of such dwelling unit willingly subject themselves, pursuant to Chapter
58 of the Town of Lloyd Code.
(12)
Business buffer. Along all lot boundaries where a business or industrial use adjoins a residential district, a dense vegetative buffer area shall be established and maintained on the business or industrial property as set forth in the Dimensional Table found in §
100-13 and in full compliance with the following standards:
[Amended 10-21-2020 by L.L. No. 4-2020]
(a)
It shall be planted with evergreen plantings of such type, height,
spacing and arrangement as, in the judgment of the Planning Board,
will screen the activities on the lot from the adjoining residential
area.
(b)
The plan and specifications for such planting shall be filed
with the approved plan for the use of the lot.
(c)
Required planting shall be properly maintained throughout the
continuance of the use on the lot.
(d)
At the discretion of the Planning Board, a wall or fence of
location, height and design approved by the Planning Board as providing
equivalent screening may be substituted for the required planting.
(13)
The lowest portion of any overhead obstruction shall be at least
seven feet above sidewalk/grade level.
C. Driveways. For reasons of traffic safety both on and off the street, as well as to provide for possible future road widening or other improvements, all new driveways entering onto any street shall comply with all requirements of §
89-19M and shall be subject to the approval of the Code Enforcement Officer, except where such are part of a use subject to site plan or special use permit approval.
The provisions of this chapter applying to residential districts
shall be subject to such exceptions, additions or modifications as
are herein provided by the following regulations applicable to accessory
buildings and structures:
A. Location.
[Amended 6-8-2011 by L.L. No. 2-2011]
(1) No accessory building shall be located within a front yard.
(2) An accessory building with a gross floor area less than 250 square
feet may be located within and/or outside the parameters of the required
side yard setback or required rear yard setback, provided that such
accessory building shall be set back five feet from any lot line,
and all such accessory buildings, in the aggregate, shall not occupy
more than 30% of the area of the required rear or side yard. Accessory
buildings larger than 250 square feet must comply with the setbacks
of the zone in which they are located.
B. Swimming
pools. Swimming pools shall be permitted, provided that such structures
are not located in a front yard and shall be set back five feet from
any lot line in the R-1/4, R-1/2, and CB Districts, and shall be set
back 10 feet from any lot line in all other districts. Swimming pools
shall be fenced as required by the New York State Uniform Fire Prevention
and Building Code.