The purpose of this chapter is to exercise a town's right to
protect its citizens and their property by controlling the use of
land under authority of the Town Law and the Municipal Home Rule Law
of the State of New York, to broadly protect the public health, safety
and general welfare and to carry out locally established goals and
objectives in a democratic manner in accordance with the Town's Comprehensive
Plan. Further purposes are to implement the Town of Athens Comprehensive
Plan adopted in 2007 jointly with the Village of Athens, and any amendments
to it, and to achieve the overriding goal to maintain and enhance
the unique features of the community that make Athens a quality place
to live and to maintain the rural, small town character of the community.
This chapter shall therefore be interpreted in accordance with the
goals as described below and the objectives and recommendations of
the Comprehensive Plan.
A.Â
Foster a vital business environment consistent with the Comprehensive
Plan.
B.Â
Protect natural resources, including but not limited to air, water
and wildlife resources, scenic views, open spaces, and the Hudson
River and its associated resources.
C.Â
Protect and enhance the natural beauty of the Town and its rural
landscape and character as described and defined in the Town and Village
of Athens Comprehensive Plan.
D.Â
Foster a safe, efficient and aesthetically pleasing transportation
network for pedestrians and vehicular traffic.
E.Â
Promote a mix of quality housing accessible to all ages and income
levels.
F.Â
Preserve and enhance Athens' historic structures.
G.Â
Promote development of infrastructure consistent with the needs of
residents and with the character of Athens.
H.Â
Preserve farmlands and working landscapes, and promote agriculture
as a viable economic activity.
I.Â
Protect residences from nuisances, odors, noise, pollution and other
unsightly, obtrusive and offensive land uses and activities and to
secure safety from fire, flood or other dangers.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted as follows:
A.Â
The word "person" includes a firm, association, organization, partnership,
trust, company or corporation as well as an individual.
B.Â
The present tense includes the future tense, the singular number
includes the plural, and the plural number includes the singular.
C.Â
The word "shall" is mandatory. The word "may" is permissive.
D.Â
The word "used" or "occupied" includes the words "intended, designed
or arranged to be used or occupied."
E.Â
The word "lot" includes the word "plot" or "parcel."
F.Â
Words or terms not specifically defined in this chapter shall have
the same meanings assigned to such words or terms as are commonly
used in the English language. Such common usage shall be ascertained
from the definitions and usage of such words or terms pursuant to
the New York State Uniform Fire Prevention and Building Code[1] or as provided in Merriam-Webster's Collegiate Dictionary.
[1]
Editor's Note: See Executive Law § 370 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
A second dwelling unit, either in, or added to, an existing
single-family dwelling or in a separate accessory structure on the
same lot as the existing single-family dwelling, for use as a complete,
independent living facility with provisions in the accessory apartment
for cooking, eating, sanitation and sleeping. Such an apartment is
a secondary and subordinate use to the principal dwelling regardless
of whether it is within the principal dwelling or in an accessory
structure. A single-wide manufactured home shall be permitted as an
accessory apartment with a special use permit.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
Any establishment as defined in § 180-66 of this chapter.
Activities conducted on a farm operation and offered to the
public, or to invited groups, for the sale of agricultural products,
education, recreation or active involvement in the farm operation.
An agribusiness activity may be secondary to the primary farm operation
use on a property. Agribusiness activities may be conducted in an
accessory building or structure. Agribusiness activities include,
but are not limited to, on-farm beds-and-breakfasts, farm stay programs,
U-pick operations, and pumpkin patches, feed mills, farm suppliers
and other agricultural processing facilities.
An identification of farm operations within an agricultural
district located within 500 feet of the boundary of property upon
which an action requiring municipal review and approval by the Planning
Board, Zoning Board of Appeals or Town Board pursuant to Article 16
of the Town Law is proposed, as provided in § 305-a of the New
York State Agriculture and Markets Law, Article 25-aa.
Any building or structure essential, integral or customary
to a farm operation, including but not limited to a barn, silo, storage
building, roadside stand, equipment shed or other structure used for
agricultural purposes.
This includes: the raising of crops, animals or animal products,
the selling of such products grown on premises, and any other commonly
accepted agricultural operations, including incidental mechanical
processing of products, including animals or crops raised for personal
consumption or recreational purposes.
Discharging from stacks, chimneys, exhausts, vents, ducts,
openings, buildings, structures, premises, open fires, portable boilers,
vehicles or processes of any source of smoke, soot, fly ash, dust,
cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors,
odors, toxic or radioactive substances in such place, manner or concentration
as to cause injury, detriment, nuisance or annoyance to the public
or to endanger the health, comfort, safety or welfare of the public.
A building, or portion of a building, arranged, intended
or designed to be used for making repairs to motor vehicles on a fee
or contract basis.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning or otherwise cleaning or servicing such motor vehicles.
A service station is not a sales, major repair or rental agency for
autos, trucks or trailers.
The average size of all proposed lots together. Use of lot
averaging allows for one or more lots in a subdivision to be undersized,
providing the other lots in the same subdivision are oversized by
an equal or greater area or permanent open space is created so that
the average lot size meets the dimensions required in this chapter.
All lots must meet Health Department requirements for water and septic
systems.
An owner-occupied building, used as a dwelling, used for
renting accommodations to transient, fee-paying guests and providing
not more than one meal daily to guests only. Not more than 10 rooms
may be let.
Any structure for the shelter, support or enclosure of persons,
animals, chattels or property of any kind.
A building in which the main or principal use of the lot
is conducted.
Any change in the use of either a building or land which
is significantly different from the prior use of that building or
land. This definition includes the change of use or occupancy of land,
or buildings, structures or other improvements on land, from either
residential, commercial or industrial to one of the other uses. It
also includes any change in the nature, substance or intensity of
the same use, including, but not limited to, changes in use which
require the issuance of a certificate of occupancy pursuant to the
New York State Building and Fire Code,[1] and substantial removal of existing vegetation.
A subdivision approved pursuant to Town Law § 278
wherein the Planning Board modifies applicable dimensional provisions
of the Zoning Law for the purposes of enabling and encouraging preserving
the natural and scenic qualities of open land. The allowable number
of building lots or dwelling units allowed shall not exceed the number
which could be permitted, in the Planning Board's judgment, if the
land were subdivided into lots conforming to the otherwise applicable
minimum lot size and density requirements of the Zoning Law. Lot sizes,
road frontages and other bulk dimensions are allowed to be relaxed
so that at least 50% of the land is left in its natural open space
condition in perpetuity. Conservation development results in a flexibility
of design and development to promote the most appropriate use of land,
to facilitate the adequate and economical provisions of streets and
utilities and to preserve the natural and scenic qualities of open
lands.
Any retail establishment offering for sale prepackaged food
products, household items, newspapers, magazines, sandwiches and other
freshly prepared foods such as salads, or any combination thereof,
for off-site consumption.
A use of land or of a building, or portion thereof, customarily
incidental and subordinate to the principal commercial building or
use of the land or building and located on the same lot with the principal
use.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal residential building or
use of the land or building and located on the same lot with the principal
use.
Any program or facility licensed by the State of New York
Office of Children and Family Services and which has a program caring
for children of any age for more than three hours per day per child
in which child day care is provided in a private residence for three
to six children. Refer to New York State Social Services Law § 390.
Any program or facility licensed by the State of New York
Office of Children and Family Services; a program caring for children
for more than three hours per day per child in which child day care
is provided in a private residence for seven to 10 children of all
ages, including not more than four children under two years of age,
or up to 12 children where all of such children are over two years
of age. Refer to New York State Social Services Law § 390.
This area is the total usable area of any parcel of land,
lot or plot to be developed or subdivided which is devoted to residential
use or residentially related uses such as parks, playgrounds, open
space, schools or residential streets.
A residential building designed for or occupied by three
or more families, with the number of families in residence not exceeding
the number of dwelling units provided in a designated zone.
A detached residential dwelling unit, other than a manufactured
home, designed for and occupied by one family only.
A detached residential building containing two dwellings
units, designed for occupancy by not more than two families.
One room, or rooms connected together, constituting a separate,
independent housekeeping establishment for owner occupancy, rental
or lease and physically separated from any other rooms or dwelling
units which may be in the same structure and containing independent
cooking and sleeping facilities.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant portion of
the consumption takes place, or is designed to take place, outside
the confines of the restaurant and where customer ordering and pickup
of food is available to take place from an automobile.
Any establishment, including, but not limited to, a restaurant,
diner, cafe, lunchette or small snack bar at which food is sold for
consumption to patrons seated within an enclosed building or on its
premises. However, a snack bar or refreshment stand at a public or
semipublic community pool, playground or park, operated by the agency
or group or an approved vendor operating the recreational facilities
for the convenience of the patrons of the facility, shall not be deemed
to be a sit-down eating or drinking establishment.
A building or part thereof which is designed, constructed
or used for education, training or instruction in any branch of knowledge
and includes, but is not limited to, elementary, parochial, private,
secondary or vocational schools.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduit
cables, fire alarm boxes, traffic signals, hydrants, street signs
and similar equipment and accessories in connection therewith, but
not including buildings, unless specifically permitted by special
permit, and reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health or safety or general welfare.
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation or marketing of crops, livestock and livestock products
as a commercial enterprise. Such farm operation may consist of one
or more parcels of owned or rented land, which parcels may be contiguous
or noncontiguous to each. Farm operations also include horse boarding
operations and organic and niche farms.
A large lot meeting minimum frontage requirements and where
access to the public road is by a narrow private right-of-way or driveway.
A temporary increase in stream flow or stage that results
in water inundating areas adjacent to or near the usual channel.
The highest level of flood that, on the average, is likely
to occur once in every 100 years or that which has approximately a
one-percent chance of occurring any year.
The channel of a watercourse and its adjacent areas subject
to inundation by the one-hundred-year flood.
The sum of the gross horizontal area of the several floors
of the building measured to the exterior of the outside walls of such
building, excluding the basement.
The ratio of the aggregate floor area of a building, exclusive
of basement areas used only for storage to the site area of the lot
on which the building is located.
A street designed so that all homes are located on only one
side to afford each residence maximum viewing of open space lands
or other features. This contrasts to a double-loaded street where
houses are placed on both sides.
Any building, land area or other premises, or portion thereof,
used primarily for the retail dispensing and sales of vehicular fuels
and shall include an auto service station.
The allowable number of lots permitted on any given parcel of land calculated from the total parcel acreage without subtracting environmentally sensitive lands, as defined in § 180-12B(1)(a).
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines and upper floors, if any, expressed
in square feet and measured from the center line of joint partitions
and from outside wall faces.
Any nonresidential use that is secondary and clearly subordinate
to an existing residential use, conducted within a dwelling unit or
an accessory structure by a permanent resident of that dwelling unit,
which does not change the exterior residential character of the dwelling
unit or vicinity, and where no nonresident employees enter the premises,
and where no signage or exterior storage of products or equipment
are required.
A business activity resulting in a product or service for
financial gain, conducted wholly or partly in a dwelling unit or accessory
structure which is clearly secondary to the use of the dwelling for
living purposes and does not change the exterior residential character
of the dwelling unit or vicinity or have any exterior evidence of
such secondary use other than a sign. Such unit or accessory structure
shall not employ more than three nonresidents and shall allow customers,
clients or sale representatives to enter the premises. Examples of
major home occupations include, but are not limited to, medical offices,
insurance sales offices and hair salons.
A horse boarding operation provides care, housing, health-related
services and training to animals kept on the premises or on other
properties owned or leased by the farm operator. Riding and training
activities that are directly related to and incidental to the boarding
and raising of horses, including riding lessons for persons who own
or have a long-term lease from the farm owner for the horse that is
boarded at the farm and used for such activities, are part of the
farm operation. Riding stables are not considered a horse boarding
operation.
A building or group of buildings, whether detached or in
connected units, containing transient lodging facilities for the general
public, and which may contain accessory facilities such as sit-down
eating or drinking establishments, meeting rooms, retail business
activities and related activities primarily to accommodate the occupants,
but open to the general public, including buildings designated as
auto cabins, auto courts, motor lodges, tourist courts and similar
terms. A resort may contain hotel accommodations among other amenities.
A business establishment in which five or more pets that
are more than four months of age, including but not limited to dogs,
cats and other small animals, are kept for the primary purpose of
sale or for the boarding, care or breeding for which a fee is charged
or paid.
Includes any of the following uses:
Scientific research and development of materials, methods or
products, including engineering and laboratory research.
Administrative, wholesale and retail sales, educational and
other related activities and facilities in conjunction with a permitted
use.
Light manufacturing, design, assembling, fabricating or packaging
of products from previously finished goods, conducted within the enclosed
walls of a building.
Uses of lands, buildings, structures or processes that are noxious,
injurious or harmful to persons or property by reason of the production
or emission of dust, smoke, refuse, odor, gas fumes, noise, radiation,
vibrations or similar circumstances or conditions are expressly prohibited.
Includes any of the uses in Light Industrial-1 and:
Manufacturing, design, assembling, fabricating, processing or
packaging of products, or storing of products that are inventory in
trade, provided that outdoor stockpiling of raw material is prohibited.
For the purpose of this definition, outdoor storage of lumber in inventory
for treatment and sale shall not be deemed outdoor stockpiling of
raw materials.
Uses of lands, buildings, structures or processes that are noxious,
injurious or harmful to persons or property by reason of the production
or emission of dust, smoke, refuse, odor, gas fumes, noise, radiation,
vibrations or similar circumstances or conditions are expressly prohibited.
A parcel of land occupied or to be occupied by only one principal
or main building and the accessory buildings or uses customarily incident
to it.
Depth of a lot shall be the distance between the front and rear
lines, measured in the general direction of its side lot lines.
Width of a lot shall be the distance between straight lines
connecting front and rear lot lines at each side of the lot, measured
across the rear of the required front yard; provided, however, that
the width between side lot lines at their foremost points (where they
intersect with the street line) shall not be less than 80% of the
required lot width, except in the case of lots on the turning circle
of a cul-de-sac, where the eighty-percent requirement shall not apply.
A lot or parcel of land which is part of a subdivision recorded
in the office of the Greene County Clerk or a lot or parcel described
by metes and bounds, the description of which has been so recorded.
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, when erected on site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained therein. The term shall include any
structure that meets all of the requirements of this definition except
the size requirements and with respect to which the manufacturer voluntarily
files a certification required by the United States Secretary of Housing
and Urban Development and complies with the standards established
under Title 42 of the United States Code; and except that such term
shall not include any self-propelled recreational vehicle.
The allowable number of lots permitted on any given parcel
of land calculated by subtracting environmentally sensitive land from
the total parcel acreage. Environmentally sensitive lands shall include
acreage in steep slopes greater than 25%; open water, including ponds,
lakes and streams; federally or state-designated wetlands, excluding
the one-hundred-foot buffer; and lands contained within a one-hundred-year
floodplain. This calculation results in the usable acreage left over
for building. Density requirements of this chapter are then applied
to the usable acreage of the parcel.
A lot, the area, dimensions or location of which were lawful
prior to the adoption, revision or amendment of the Zoning Law, but
that fails by reason of such adoption, revision or amendment to conform
to the present requirements of the zoning district.
A structure or building, the size, dimensions or location
of which were lawful prior to the adoption, revisions or amendment
to the Zoning Law, but that fails by reason of such adoption, revision
or amendment to conform to the present requirements of the zoning
district.
A use or activity that was lawful prior to the adoption,
revision or amendment of the Zoning Law, but that fails by reason
of such adoption, revision or amendment to conform to the present
requirements of the zoning district.
Offices and related spaces for use as professional services
as provided by medical practitioners, attorneys, architects, engineers
and similar professions.
Consists of a space adequate for parking an automobile with
room for opening doors on both sides, together with properly related
access to a public street or alley and maneuvering room.
Required off-street parking areas for three or more automobiles
shall have individual spaces marked and shall be so designed, maintained
and regulated so that no parking or maneuvering incidental to parking
shall be on any public street, walk or alley and so that any automobile
may be parked and unparked without moving another.
For purposes of rough computation, an off-street parking space
and necessary access and maneuvering room may be estimated at 300
square feet, but off-street parking requirements will be considered
to be met only when actual spaces meeting the requirements above are
provided and maintained in a manner appropriate to the circumstances
of the case and in accordance with all ordinances and regulations
of the Town.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel. Personal
services usually include but are not limited to laundry, linen supply,
diaper service, beauty shops, barbershops, shoe repair, funeral services,
locker rental and domestic services.
RECREATION FACILITYA place designed and equipped for the conduct of sports and leisure-time activities.
RECREATION, INDOORThe conducting of sporting activities undertaken entirely within a building, including team or individual sports and related health and exercise facilities. Video parlors, computer gaming facilities, movie theaters and bars do not constitute indoor recreation facilities. However, an indoor recreation use may be accompanied by customary accessory uses, which may include a sit-down or drive-through eating or drinking establishment, meeting room or banquet facilities, the serving of alcoholic beverages, video or computer game facilities, video theater facilities, sales of sport- or exercise-related equipment or clothing, and other customary accessory uses.
RECREATION, OUTDOORIncludes but is not limited to: golf, skiing, ball playing on ball fields, swimming, biking trails, hiking and similar outdoor activities facilities on a commercial or fee basis.
RECREATION, PASSIVEActivities that involve relatively inactive or less energetic activities such as walking, nature hikes, nature observation, sitting, picnicking, card games, chess and similar table games.
A structure or place in which worship, ceremonies, rituals
and education pertaining to a particular system of beliefs are held.
Overnight accommodations, within a building or group of buildings,
that incorporate indoor and/or outdoor recreational amenities into
the overall design of the use. A resort may also include meeting and
conference rooms, dining facilities and other areas for social gatherings.
A commercial activity characterized by the direct on-premises
sale of goods and services to the general public consumer, including
on-premises manufacturing, processing, servicing and preparation customarily
associated therewith of stock in trade such as are normally associated
with department stores, food markets and similar establishments.
An operation that offers riding lessons to the public and
to individuals that do not own or have a long-term lease for the horse
that is boarded and used at the facility for such riding.
Housing designed for, and occupied by, at least one person
55 years of age or older per dwelling unit, and which has significant
facilities and services specifically designed to meet the physical
or social needs of older persons. Synonymous with "housing for elderly."
Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located; provided,
however, that the following shall not be included in the application
of the regulations herein:
Signs not exceeding one square foot in area and bearing only
property numbers, post box numbers, names of occupants of premises
or other identification of premises not having commercial connotations.
Flags and insignia of any government, except when displayed
in connection with commercial promotion.
Legal notices and identification, informational or directional
signs erected or required by governmental bodies.
Integral decorative or architectural features of buildings,
except letters, trademarks, moving parts or moving lights.
Signs directing and guiding traffic and parking on private property
but bearing no advertising matter.
A sign other than an on-site sign which is used to direct
people to a place of business.
A sign relating in its subject matter to the premises on
which it is located or to products, accommodations, services or activities
on the premises. On-site signs do not include signs erected by the
outdoor advertising industry in the conduct of the outdoor advertising
business.
For the purpose of determining the number of signs, a sign shall
be considered to be a single display surface or display device containing
elements organized, related and composed to form a unit. Where matter
is displayed in a random manner without organized relationship of
elements or where there is reasonable doubt about the relationship
of elements, each element shall be considered to be a single sign.
The surface area of a sign shall be computed as including the
entire area within regular geometric form or combinations of regular
geometric forms comprising all of the display area of the sign and
including all of the elements of the matter displayed. Frames and
structural members not bearing advertising matter shall not be included
in computation of surface area.
An authorization of a particular land use which is permitted
in this Zoning Law, subject to requirements imposed by such Zoning
Law to assure that the proposed use is in harmony with the Zoning
Law and will not adversely affect the neighborhood if such requirements
are met.
A slope of 15% or greater prior to cut or fill covering more
than 10% of the total acreage of a parcel. A slope is a percentage
determined by dividing vertical distance (rise) by horizontal distance
(run). Steep slopes are areas of extreme gradient change that potentially
pose as sources of excessive runoff and erosion if managed improperly.
Comprised of the stream channel, the area within the one-hundred-year
flood line and a minimum of 100 feet from the one-hundred-year flood
line, extending outward from the stream channel, on both sides of
the stream. If there is no one-hundred-year flood line delineated,
the distance shall be measured outward from the top of the bank of
the stream channel. The corridor width shall not exceed 300 feet.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, structures include buildings, manufactured
homes, walls and fences, but do not include signs.
See Chapter 162 of the Town of Athens Code.
A structure containing three or more dwelling units attached
to each other at the side or rear by means of a common wall or walls,
each dwelling solely occupying the internal space from ground to roof,
and having its own separate entrance or entrances from the outside.
A portable structure built on a chassis and designed to be
used as a temporary dwelling for travel and recreational purposes.
The buildable portion of a parcel not constrained by wetlands
meeting the definition of either a state- or federally designated
wetland, floodplains, steep slopes or other environmental constraints.
The specific purposes for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
For an area variance or use variance, these terms are defined
as provided for in Town Law.
A geographic area defined by topographic high points such
that precipitation falling within the boundaries of the high points
drains to a single outlet, such as a mouth of a stream, lake or river.
A wind energy conversion system consisting of a wind turbine,
a supporting structure and associated control or conversion electronics,
which has a rated capacity of not more than 50 kW and which is intended
only to reduce on-site consumption of utility power and is not used
to generate utility-scale electrical energy to be supplied to the
local utility electrical grid.
The height from original grade of the land to the highest
point of any part of the wind energy system, including the top of
the blade when it is in the vertical position.
Space on a lot not occupied with a building or structure.
Porches, whether enclosed or unenclosed, and roof overhangs shall
be considered as part of the main building and shall not project into
a required yard.
YARD, FRONTThe space within and extending the full width of the lot from the road edge to a parallel line through the part of the principal building or accessory structure which is nearest to such road edge. If a lot adjoins two or more roads or highways, it shall be deemed to have a front yard on each adjoining road or highway.
YARD, REARThe space within and extending the full width of the lot, from the rear lot line to a parallel line through the part of the principal building or accessory structure which is nearest to such lot line.
YARD, SIDEThe space within the lot extending the full distance from the front yard to the rear yard and from the side lot line to a parallel line through the part of the principal building or accessory structure which is nearest to such side lot line.
