Town of Ghent, NY
Columbia County
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[1]
Editor's Note: This article title was revised 4-7-2016 by L.L. No. 2-2016.
A. 
In all districts:
(1) 
A private garage may be constructed as a structural part of a main building, provided that when so constructed, the garage walls shall be regarded as the walls of the main buildings in applying the front, rear and side yard regulations of this chapter.
(2) 
Accessory buildings, including private garages, shall not be placed within a required front yard.
[Amended 5-17-2012 by L.L. No. 4-2012]
(3) 
No accessory building or structure, other than a fence, shall be located nearer to any interior property line than the following setbacks:
[Amended 7-16-1998 by L.L. No. 1-1998]
(a) 
Commercial Industrial District: 50 feet (unless the property is utilized as a one- or two-family residence or as a multiple dwelling, in which event the setback requirement shall be at least 10 feet).
(b) 
Village Business District: five feet.
(c) 
All others: 10 feet.
(4) 
The use or storage of any mobile home which was at one time capable of being occupied but which is no longer so by reason of deterioration or damage is prohibited in all districts.
(5) 
The outdoor storage and/or collection of secondhand materials, auto or machinery parts or bodies, used metals, junk, refuse or litter is prohibited.
[Added 5-17-2012 by L.L. No. 4-2012[1]]
[1]
Editor’s Note: This local law also repealed former Subsection B(2), prohibiting outdoor storage and collection of certain materials in residential districts, and redesignated former Subsection B(3) as Subsection B(2).
B. 
In residential districts:
(1) 
No more than one unregistered vehicle, other than farm vehicles, may be stored or parked outside an enclosed building on any premises.
(2) 
The conversion of an existing one-family dwelling to a two-family dwelling is permitted in the RRA-1, RRA-2, VR and HR zones; provided, however, that the following minimum acreage requirement is met: The minimum lot area required shall be computed by adding 10,000 square feet to the minimum lot area required for a one-family dwelling use in the zone in which the existing structure is located. Also, the plan for the septic system shall be approved by the Columbia County Health Department prior to the granting of any such permit, and the premises shall be in compliance with all of the requirements of the Building and Fire Prevention Code of the Town of Ghent before the issuance of a certificate of occupancy.
[Amended 5-17-2012 by L.L. No. 4-2012]
C. 
In Nonresidential Districts. The Town Board, Zoning Board and/or Planning Board may require a performance bond for any permits granted for the approval and/or development of a commercial site, conditioned upon the fact that all such improvements to be made or conditions of any such permits, as required, are satisfactorily completed within the time frame as established by the Board.
[Amended 4-7-2016 by L.L. No. 2-2016; 5-18-2017 by L.L. No. 1-2017]
A. 
Nothing herein contained shall restrict the height of the following: church spire, cupola, dome, belfry, clocktower, barn or silo.
B. 
No building or structure erected to a height in excess of the height limit for the district in which is it situated shall:
(1) 
In any residential district, have a lot coverage in excess of 10% of the lot area.
(2) 
Be used for residence or tenancy purposes.
(3) 
Have any sign, nameplate display or advertising device of any kind whatsoever inscribed upon or attached to such building or structure.
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
A. 
In the layout of a development of garden apartments or other multiple dwellings on a lot, a horizontal distance of not less than 35 feet or 2/3 the height of the higher building, whichever is the greater, shall be maintained between all main buildings; and between main buildings and major detached accessory buildings or groups of accessory buildings, such as a garage compound, having a ground coverage equal to that of a main building.
B. 
The above requirement need not exceed 35 feet when the top of one building is less than eight feet above the level of the first floor of the other building.
C. 
Minor accessory buildings shall meet the requirements of § 190-22.
The maximum height for any fence shall be six feet unless otherwise stated within this chapter. Fences are allowed to be placed up to the property line. No fence shall be erected so as to encroach upon or interfere with the use of any adjoining property.
The minimum frontage requirements for all districts shall not be less than 60 feet.
The storage of nuclear waste products, hazardous waste products or toxic waste products in any district within the Town of Ghent for a period of greater than 30 days shall constitute a prohibited use of the subject property in any district within the Town of Ghent. The disposition of such waste products referred to herein into the atmosphere or the discharge of the same into the ground or water shall constitute a prohibited use in any district within the Town of Ghent; this section shall not be construed to prohibit the legal use of fertilizers and/or agricultural chemicals in connection with a farming operation; nothing contained herein shall be construed to supersede any other state or federal laws, rules or regulations regarding the storage or disposal of such waste products as referred to herein, but rather the use prohibition set forth herein shall be in addition to such laws, rules and regulations.
[Added 5-17-2012 by L.L. No. 4-2012]
A private driveway shall be set back at least five feet from the property line of any lot. This shall not apply to a shared driveway.
[Added 8-2-2012 by L.L. No. 7-2012]
Any pond greater than 50 square feet in area shall require the issuance of a use permit to be issued by the Building Inspector or Zoning Enforcement Officer and is subject to the following regulations:
A. 
Ponds must be at least 25 feet from any roadway, must be at least 20 feet from any side yard boundary and must be at least 40 feet from any rear yard boundary. Ponds must also be no closer than 100 feet from any septic system, septic tank or leach field. The provisions of this section regarding ponds shall be in addition to any other provisions of the Zoning Code which may also apply.
[Added 8-2-2012 by L.L. No. 8-2012]
Notwithstanding any provision in Chapter 190 which allows for the keeping of farm animals such as horses, cows, steers, goats, sheep, pigs, rabbits, chickens and other fowl, any such provision will be subject to the requirement that such animals that are otherwise lawfully allowed to be present on any lot shall be adequately confined so that all such animals do not enter onto any other lot or onto any public roadway. Such confinement shall include adequate fencing, if required. If said animals are not adequately confined, the Zoning Enforcement Officer shall notify the owner or occupant of said lot or the owner of said animals to remedy this situation so as to provide adequate confinement. At any time after 10 days from the providing of such notice requiring this correction, if the animals continue to be inadequately confined so that they are entering onto any other lot or onto a public roadway, then in such event, the owner or occupant of said lot, and/or the owner of said animals, shall be in violation of the requirements of this section and shall be subject to a fine not exceeding $250 for a first offense and not exceeding $500 for any subsequent offense.