Regulations governing lot area, width, front yards, side yards,
rear yards, building area and height are specified in the Zoning Schedule[1] of this chapter; regulations for districts are subject
to all additional pertinent regulations specified in this article.
[1]
Editor's Note: The Zoning Schedule is included at the end of this chapter.
In residential districts, upon review and after issuance of
a special use permit by the Planning Board, nothing shall prohibit
a lot of less area or less frontage than that required for a single-family
dwelling in the district in which the lot is located, provided that:
A.
The lot cannot be enlarged to conform with these requirements, when
such lot, at the time of the passage or amendment of this chapter
regulating the size of building lots, was held under separate ownership
from the adjoining lots.
B.
Such lot is the principal element of a subdivision map filed in the
office of the Madison County Clerk prior to adoption of this zoning
chapter.
C.
The subdivision is prepared by a licensed engineer within five years
or less.
A.
There shall be only one residential building on a lot unless otherwise
approved under the Planned Unit Development District provisions or
provisions for multifamily dwellings.
B.
A temporary permit may be issued by the Town Board to permit the
installation of a mobile home on premises where the family home has
been totally destroyed by fire or other catastrophe. This applies
in a zone where mobile homes are not permitted. The temporary permit
is valid for a period of six months or as soon as the residence becomes
habitable, whichever occurs first. The permit must be accompanied
by insurance or bond furnished by the applicant saving the Town harmless
from any monetary and legal costs necessary in effecting removal of
the mobile home following the expiration of the permitted time. Applicant
may be granted one ninety-day extension if the dwelling is not ready
for occupancy for reasons beyond the control of the applicant.
[Amended 7-9-1990 by L.L. No. 4-1990]
In determining the percentage of building coverage of a lot
or the size of yards, porches or carports open at the sides but roofed
and all principal and accessory buildings shall be included.
No lot shall be so reduced in area that the area, yards, lot
width, frontage, coverage or other requirements of this chapter shall
be smaller than herein prescribed for each zoning district. The provisions
of this section shall not apply when part of a lot is taken for a
public purpose.
In AR and RA Districts, lots with a minimum area of one acre,
subject to all minimum requirements for lots in the RB District, if
the soil percolation tests, performed according to the specifications
set forth in the Town Sanitary Ordinance[1], indicate percolation of less than 30 minutes for a drop
of one inch of water level, may qualify to be built upon. The Planning
Board shall have 30 days from submission of the completed building
permit application to review and approve it, and with this approval
the Zoning Enforcement Officer shall issue the permit. No response
by the Planning Board within the specified time shall be deemed approval,
and the Zoning Enforcement Officer may issue the permit.
Any lot which fails to meet percolation of one inch per 30 minutes
shall be increased in area to meet the lot size requirements outlined
for the RA District.
A.
Yards on corner lots. Any yard adjoining a street shall be considered
a front yard for the purposes of this chapter and shall comply with
all requirements for a front yard in the district in which located.
B.
Projection in yards. Every part of a required yard shall be open
from its lowest part to the sky unobstructed, except for the ordinary
projections of sills, cornices, pilasters, chimneys and eaves, provided
that no such projections may extend more than two feet into any required
yard.
Plans for the erection or structural alteration of any drive-in
facility or business shall be submitted to the Planning Board for
a special use permit.
The Planning Board may require changes or additions in relation
to yards, driveways, driveway entrances and exits and landscaping,
and the location and height of buildings and enclosures to ensure
safety, to minimize traffic difficulties and to safeguard adjacent
properties.
In all districts on a corner lot, within the triangular area
formed by the intersection of two street property lines and a third
line joining them at points 25 feet away from their intersection,
there shall be no obstruction to vision between the height of three
feet and 10 feet above the average grade of each street.
Radio or television towers, water or cooling towers, grain elevators,
gas holders, elevator bulkheads, chimneys or similar structures in
excess of height permitted in the district may not be erected without
issuance of a special use permit by the Planning Board.
[Amended 3-12-1987 by L.L. No. 4-1987]
Each residential use may have two unattached accessory structures
on a lot. Lot line setbacks from the side or rear lot lines shall
be reduced to a minimum of 15 feet for one accessory structure per
lot, which shall not exceed the size of 12 feet by 12 feet. The maximum
height of such accessory structure shall not exceed 14 feet.
[Amended 2-8-1993 by L.L. No. 2-1993]
A.
In any residential district, construction equipment and materials,
vans and trucks of more than one-ton carrying capacity and cars used
for drag or stock car racing must be stored in an enclosed garage
and shall not be parked or stored in the front, side or rear yards.
B.
There shall be permitted on the premises in any residential district
one unlicensed motor vehicle, provided that the vehicle is registered
at least once during each calendar year. Any property owner in any
residential district is permitted to maintain one motor vehicle on
his premises used to plow snow on said owner's property only.
[Added 5-8-2023 by L.L. No. 4-2023]
A.
Personal on-demand storage (PODS or similar portable outdoor storage
containers commonly used for moving and storage of personal property)
may be allowed on any parcel in the Town subject to the following:
(1)
For purposes hereof, personal on-demand storage ("PODS") shall
mean a portable shed, trailer, cargo container or similar storage
facility that is capable of being loaded with materials and placed
on a residential property for the purpose of the temporary storage
of materials.
(2)
A resident shall be allowed to have a PODS for 14 days without
need of a permit as long as its use is to assist with the moving into
or out of the dwelling, or any other lawful use not dealing with construction
or catastrophe as described below. After the fourteen-day period,
the owner must submit an application to the Code Enforcement Officer
to receive a permit which authorizes additional use of the PODS for
a period of time not to exceed 120 days.
(3)
A resident shall be allowed to have PODS in conjunction with
an active building permit issued for residential construction or renovation
at a site. A permit shall be required, which permit shall run concurrent
with the length of the building permit, but for a period not to exceed
one year.
(4)
In the event of a catastrophe (fire, water, storm damage, or
other similar occurrence), PODS are allowed without permit for 60
days. After the sixty-day period, a permit will be required upon application
to the Code Enforcement Officer, and PODS will only be permitted in
conjunction with a building permit.
(5)
In all cases, PODS are prohibited from being placed in the street
or in a location that blocks a public sidewalk or obstructs the view
at any driveway or street intersection. PODS placed in a front yard
must be located within the established driveway outside of the street
line. PODS located in a side or rear yard are subject to lot line
setback requirements. The Code Enforcement Officer may waive these
requirements in the event of catastrophe.
(6)
Absent catastrophe or a building permit justifying the need,
only one PODS unit shall be permitted on a residential property at
a time.
(7)
A PODS permit fee shall be established by the Town Board.
B.
Building materials of any kind shall not be collected nor allowed
to accumulate on any property except in connection with an active
building permit.
See Chapter 56, Unsafe Buildings, for L.L. No. 3-1984.
Where a district boundary line divides a lot in a single ownership
and where at least 50% of such lot is in a less restrictive zone,
the regulations for the less restrictive portion of such lot shall,
at the option of the owner, extend into the more restrictive portion
of the lot for a distance of not more than 100 feet, provided that
a maximum buffer of at least 50 feet is left, parallel and abutting
the existing property lines in the more restrictive zone, to separate
the two districts.
