A. 
Installation of fences and construction of all walls shall require a land use and development permit. In cases where site plan review is otherwise required, the Planning Board may modify the following standards. Other applicants who wish to modify these standards who are not subject to site plan review must receive a variance from the Zoning Board of Appeals.
B. 
Fences shall be permitted without a principle use and may be located in front, side and rear yard setback areas. Fences shall be allowed on any property line provided they comply with all other regulations set forth herein.
C. 
The height of fences and all walls for all uses other than industrial uses shall not exceed six feet in side yards and six feet in rear yards. The height of fences and all walls shall not exceed four feet in front yards, and shall not obstruct vehicle sight lines or interfere in any way with the view corridor from public roadways.
D. 
The height of fences and walls installed within 10 feet of the mean high water mark shall be measured from the mean high water mark.
E. 
The finished side of the fence shall face neighboring properties or the street.
F. 
Fences and all walls shall not encroach on any public right-of-way. Fences shall be set back a minimum of two feet from any sidewalk.
G. 
The owner of the fence or wall must maintain both sides of the fence or wall in good condition.
H. 
Fences and retaining walls along streams, rivers and water bodies may have to meet other regulatory review requirements.
The height limitations of this chapter, as shown on the dimensional table,[1] shall not apply to the following structures: cliffside, cantilever-type and A-frame homes; church spires, belfries, cupolas and domes not used for human occupancy; chimneys, ventilators, skylights, water tanks, bulkheads and other necessary mechanical appurtenances usually carried above the roof level; ornamental cornices extending above such height limit not more than five feet; and/or radio or television receiving antennae or a public utility transmission tower or cable. No such uses in their aggregate coverage shall occupy more than 20% of the roof area on which located.
[1]
Editor's Note: Said table is included at the end of this chapter.
A. 
Purpose. It is the intent of these regulations to minimize glare, prevent or reduce light pollution, and provide the minimum light levels necessary for safe use of property.
B. 
Applicability. These regulations shall apply to all outdoor light fixtures.
C. 
Light levels.
(1) 
The minimum light level necessary to promote safe use of property shall be used. The trespass of light across property lines is prohibited except where it can be demonstrated that it is necessary for safety or security purposes.
(2) 
Light levels at the boundaries of commercial lots that abut or adjoin lots with residential uses shall not exceed 0.1 footcandles.
(3) 
Light trespass between commercial lots is permitted in situations in which visibility between lots is necessary to promote safety, such as shared parking areas.
(4) 
The light levels at commercial lot lines shall not exceed those found elsewhere on the lot.
D. 
Light poles.
(1) 
On commercial lots, public spaces and sidewalks shall feature pedestrian-scaled lighting. Poles shall be no higher than 14 feet.
(2) 
Parking lot light poles shall be no higher than 20 feet or the height of the primary structure, whichever is less.
The provisions of this chapter shall be subject to such exceptions, additions or modifications, as herein provided by the following supplementary regulations:
A. 
Subdivision of a lot. Any person undertaking a subdivision shall comply with Chapter 178, Subdivision of Land, and any lot, parcel or site resulting from a subdivision shall comply with the requirements contained in this chapter. Where a lot is formed hereafter from the part of a lot already occupied by a building, such separations shall be effected in such a manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building, all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
B. 
Existing undersized lots. Any lot held in single and separate ownership prior to the adoption of this chapter and whose area and/or depth and/or width are less than the specified minimum lot requirements of this chapter for that district may be considered as a legal nonconforming lot, and no variance shall be required, provided that:
(1) 
Such lot has an area of at least 7,500 square feet and a minimum width of at least 50 feet at the required setback line; and
(2) 
Such lot or lots comply with all other requirements for that district.
C. 
Access to lots. A lot to be used for building purposes shall have direct frontage on a street or legal deeded right-of-way, pursuant to Town Law § 280-a.
D. 
Lots under water or subject to flooding. Lots under water or subject to flooding are subject to the floodplain ordinance of the Town of Warrensburg and shall comply with the building requirements therein set forth.
A. 
Parking spaces shall be located in the side or rear yard on the same lot as the principal use unless otherwise permitted by the Planning Board through site plan review or the Zoning Board of Appeals area variance review.
B. 
Parking spaces shall not be located in any required front yard setback.
C. 
Screening.
(1) 
Off-street parking areas for all nonresidential uses and apartment buildings located within 50 feet of single-family, two-family or multifamily building dwellings shall be shielded by landscaping, wall, fencing or other suitable material which shall serve to screen noise and uncontrolled entrance.
(2) 
Parking lots shall be screened from all street or rights-of-way in such a manner as to facilitate adequate site distance at points of egress.
D. 
Parking lot landscaping requirements.
(1) 
Buffer planting shall be installed between the parking lot and adjacent properties.
(2) 
Buffer planting shall be installed between the parking lot and the street.
(3) 
If existing trees and vegetation are left on the site, these may be used in lieu of new plantings.
E. 
Parking lots with space for more than 40 cars shall be designed in accordance with the following:
(1) 
One tree planted on the perimeter of the parking lot for every 10 cars or fraction thereof.
(2) 
One tree planted in the interior of a parking lot (on traffic islands) for every 10 cars or fraction thereof.
(3) 
Internal traffic islands including one for every 20 cars or part thereof to reduce the impact of the parking area and provide safety for vehicles moving within the area.
F. 
New plantings shall comply with the following sizes:
(1) 
Major tree: 3-1/2 inches caliper.
(2) 
Flowering tree: 2-1/2 inches caliper.
(3) 
Evergreen tree: 4 to 6 feet in height.
(4) 
Shrub: 2 to 3 feet in height or spread.
G. 
Parking space size.
(1) 
Perpendicular parking (90°).
(a) 
Each parking space shall be a minimum of nine feet by 18 feet.
(b) 
The minimum aisle width shall be 24 feet for two-way traffic.
(c) 
The minimum aisle width shall be 22 feet for one-way traffic.
(2) 
Angled parking 60°.
(a) 
Each parking space shall be nine feet by 22 feet.
(b) 
The minimum aisle width shall be 23 feet for two-way traffic.
(c) 
The minimum aisle width shall be 18 feet for one-way traffic.
A. 
The installation of any on-site sewage disposal system shall conform to the sanitary code of the Town of Warrensburg.
B. 
In the case of all lakes, ponds, rivers or streams (permanent or intermittent) or any swamp, marsh or wetland, the minimum setback of any on-site sewage drainage field or seepage pit shall be 100 feet from the mean high-water mark irrespective of zoning district or land use classification. The body or officer having jurisdiction under this chapter (be it Town, county or state) shall have authority to require a greater setback of any on-site sewage drainage field or seepage pit than the minimum hereinabove set forth, if it or he shall determine that soils or other pertinent conditions require such greater setback to reasonably protect the water quality of the water body involved.
Fencing and screen-planting may be required according to the following:
A. 
Any use required by this chapter to be fenced or screened from view shall provide a fence and/or structural or planting screen sufficient to enclose or so as to preclude entry or effectively screen such uses from view from abutting properties and the public right-of-way as is considered appropriate.
B. 
Plans and site design for the installation of such fencing or screening as are required by this chapter shall be reviewed and approved by the Planning Board prior to authorization of a permit.
C. 
Any fencing or screening installed in accordance with this chapter shall be maintained in good order. Failure to maintain required fencing and screening shall be considered a violation of this chapter.
The following shall apply to storage sheds in all districts:
A. 
All front yard setbacks shall apply.
B. 
For storage sheds 250 square feet or less, a five-foot side yard and rear yard setback from the property line shall be applied. If the size is greater than 250 square feet, all setback requirements of the zoning district shall apply.
C. 
The height shall not exceed 14 feet.
D. 
The roof pitch shall be no less than 3/12.
E. 
There shall be a maximum of two sheds per parcel.
F. 
Plumbing within a storage shed is prohibited.
G. 
The exterior siding shall be uniform in appearance and must reflect a residential character. Materials may include but not be limited to clapboards, simulated clapboards, such as conventional vinyl or metal siding, wood shingles, shakes or similar material.
Swimming pools may be erected in all districts provided they conform to all state laws and regulations and the following provisions:
A. 
Pools may be installed only as accessory to a residence for the private use of the owners or occupants of such residence and their families and guests, or as an accessory use to a primary lodging use.
B. 
Subject to approval. No work shall be commenced on the construction or installation of any swimming pool, including any excavation or removal of sand, gravel, topsoil or other materials, until and unless the plans and specifications have been approved and a certificate of compliance has been issued by the Zoning Administrator.
C. 
Pools and pool equipment shall be installed in compliance with the setbacks of this chapter.
D. 
Pools shall be completely surrounded by a substantial fence constructed of natural or artificial materials. Such fence shall be in conformity with all New York State and local rules and regulations.
E. 
Provisions for drainage from the pool will be adequate.
F. 
A swimming pool to be constructed or installed as an accessory use to a hotel and motel, amusement centers or as part of any recreation/resort facility shall be permitted after application to, and issuance of a permit therefore by the Zoning Administrator. Such swimming pool shall be so located as not to cause a hazard to public safety or nuisance to adjoining uses and shall be designed and located in accord with acceptable engineering standards and any applicable county or state requirements.
[Amended 4-14-2021 by L.L. No. 1-2021]
A. 
A building, mobile home, trailer or other structure, accessory to a construction project for office, storage or related construction use, may be permitted upon issuance of a permit by the Zoning Administrator, such installation to be temporary and continued only for the duration of the construction project to which it is accessory. Such facility shall not be designed or used for living accommodations except for the nonpermanent accommodation of a clerk-of-the-works or night watchman, and shall be promptly removed upon completion of the construction project or part thereof to which it is accessory, such date to be determined by the Zoning Administrator. Upon notice from the Zoning Administrator, the permit shall expire and the rights and privileges thereunder shall be vacated. Failure to remove such installation in a prompt manner after notice by the Zoning Administrator shall be considered a violation of this chapter.
B. 
Temporary tents/pop-ups shall be exempt from a permit requirement and may be used for a total of not more than 14 days per calendar year. There shall be no more than one temporary tent/pop-up for each parcel of land.
C. 
Temporary storage structures shall be exempt from a permit requirement, maintained in good condition and replaced as needed. There shall be no more than one temporary storage structure for each parcel of land.
On a corner lot in any district, no fence, wall, hedge, sign or other structure or planting more than three feet in height shall be erected, placed or maintained within the circle area formed 30 feet distant from the intersecting street lines. The height of three feet shall be measured above the curb level, if any, or above the existing road level. In no event, however, shall a hazard to traffic be erected or maintained.
A. 
Terraces, decks and patios. A paved terrace or wooden patio or deck may be included as a part of a yard in determination of yard size; provided, however, that such terrace is unroofed and without walls or parapets. Such terrace, however, may have a guard railing not over three feet in height and shall not project into any yard to a point any closer than five feet from any lot line. In some cases these structures may be subject to further restrictions concerning shoreline setbacks.
B. 
Porches. An attached covered porch shall be considered a part of a building in determining the size of the yard or amount of lot coverage.
C. 
Gazebos. Gazebos shall be considered in the amount of lot coverage.
D. 
Projecting architectural features (horizontal). The space in any required yard shall be open and unobstructed, except for the ordinary projection of the windowsills, belt courses, chimneys, eaves and other architectural features; provided, however, that such features shall not project more than three feet into any required yard.
E. 
Yard for corner lots. On a corner lot, the owner shall decide (when applying for a building permit) which side shall be the front yard.
F. 
Yard for double-frontage lots. For any through lot fronting on parallel or abutting streets, both frontages shall comply with the front yard requirements of the district in which it is located.
G. 
Fire escapes. Open fire escapes may extend into any required yard not more than six feet; provided, however, that such fire escape shall not be closer than four feet at any point to a lot line.
A. 
Agriculture.
(1) 
The purpose of this section is to protect the health, safety and general welfare of the citizens of the Town, as well as to provide for the safety and health of horses and livestock other than household pets.
(2) 
In any zone in the Town wherein the keeping of livestock is allowed, the following regulations shall be complied with:
(a) 
A lot or parcel of at least one acre shall be required for the keeping of horses, ponies or other livestock.
(b) 
Within the pasture or field there must be provided a barn or similar three-sided lean-to with a roof to provide shelter for the horses, ponies or other livestock. Such structure shall be sized to accommodate the type and number of proposed animals.
(3) 
Location.
(a) 
All barns, stables and/or similar three-sided lean-tos with roofs for the purpose of sheltering horses, ponies or similar livestock shall be located a minimum of 100 feet from the road center line or shoreline, or any neighboring dwelling.
(b) 
Pasture or field fencing may be placed at any point up to the property line. Said fencing shall be a minimum of 50 feet from a neighboring dwelling.
(4) 
All pasture or field fences shall be constructed of such material and in such a manner as to prevent and preclude an escape of livestock.
(5) 
All fences, barns, three-sided lean-tos or similar structures must be maintained in a state of repair.
(6) 
Stables and similar enclosures must be built and maintained to avoid the creation of offensive odors, fly breeding or other nuisances.
(7) 
No storage of manure, odor- or dust-producing substance or any use producing odor or dust shall be permitted within 100 feet of any property line.
B. 
Cemetery. In any zone in the Town wherein a cemetery is allowed, the following regulations shall be complied with:
(1) 
A lot or parcel of at least 10 acres shall be required for the purpose of a cemetery.
C. 
Dwelling units, accessory. It is recognized that the need for an accessory dwelling unit may occur. To ensure the public safety, health and welfare of the community the following shall apply to accessory dwelling units:
(1) 
Accessory dwelling units shall be no larger than the principal dwelling.
(2) 
The owner(s) of the lot upon which the accessory dwelling unit is located shall reside within the principle or accessory dwelling unit.
(3) 
A homeowner of a lawful single-family use shall be permitted one accessory dwelling unit where permitted according to the Use Table.[1]
[1]
Editor's Note: Said table is included at the end of this chapter.
(4) 
Any individual septic system must meet New York State Health Department requirements.
(5) 
One off-street parking space required per accessory dwelling unit.
(6) 
An accessory dwelling unit shall constitute a principal building and shall be consistent with the Dimensional Table of this chapter.[2]
[2]
Editor's Note: Said table is included at the end of this chapter.
D. 
Farm stand.
(1) 
There shall be no sales of fuel and related products, tobacco products, alcoholic beverages, lottery tickets, vehicles or related products.
(2) 
Food franchises are prohibited in any roadside stand or farm market operation.
(3) 
To ensure public safety, roadside stands will be required to have adequate off-street parking with an all-weather surface and adequate ingress and egress with an area for turnaround. Parking spaces are exclusive of driveways and turnarounds.
(4) 
Seasonal signs are allowed, but cannot be placed anywhere it would create a traffic hazard. All other Town signage regulations may apply.
(5) 
No outdoor lighting shall produce glare beyond the boundary of the property. No rotating or flashing lights on advertising signage may be permitted.
E. 
Game preserves. In any zone in the Town wherein a game preserve is allowed, the following regulations shall be complied with:
(1) 
A lot or parcel of at least 50 acres shall be required for the purpose of a game preserve.
(2) 
A vegetative or architectural screening shall be provided to screen the parking from the public right-of-way and/or neighboring residential uses.
(3) 
All animal wastes shall be disposed of in a sanitary and environmentally safe manner, consistent in all respects with all state and federal requirements.
(4) 
Game preserves shall not be less than 200 feet from center line of any roadway, 100 feet from any side or rear lot line. A two-hundred-foot setback shall be required from any existing occupied structure on an adjoining parcel.
F. 
Home occupation. Home occupations are permitted as shown on the Use Table,[3] in existing and new homes, in outbuildings and in garages, subject to the following criteria and standards.
(1) 
Regulations.
(a) 
All home occupations shall:
[1] 
Obtain a land development permit from the Zoning Administrator;
[2] 
Be conducted by a resident of the lot;
[3] 
Be compatible with the other uses allowed in the district;
[4] 
Maintain the character of the neighborhood;
[5] 
Ensure the peace, privacy, quiet, and dignity of the area; and
[6] 
Avoid excessive noise, traffic, nuisance, fire hazard, and other adverse effects of business uses.
(b) 
Home occupations shall be conducted in a manner which does not give the outward appearance of a business.
(c) 
Home occupations shall be conducted within the home or accessory structure. Such use shall not alter the external appearance from a residential character.
(d) 
Home occupations shall not generate automobile or truck traffic that would exceed the volume of traffic that would otherwise be generated by typical residential use.
(2) 
Home Occupation Level One.
(a) 
Home occupations shall have no external storage of materials, equipment, containers, finished products or associated vehicles outside the home, outbuilding or garage other than that which is normally associated with residential use.
(b) 
Home occupations shall be incidental and secondary to the use of a dwelling unit for residential purposes. The space occupied by the home occupation itself does not necessarily have to be in the habitable area.
(c) 
Home occupations shall be limited to one per lot and shall not have any nonresident employees.
(d) 
Home occupations shall not be required to provide any additional off-street parking.
(e) 
Home occupations that require the storage of heavy equipment or tractor trailer parking shall be considered Level Two home occupations.
(3) 
Home Occupation Level Two.
(a) 
Home occupations shall be limited to two per lot.
(b) 
Home occupations shall be incidental and secondary to the use of a dwelling unit for residential purposes. The space occupied by the home occupation itself does not necessarily have to be in the habitable area.
(c) 
Each home occupation shall have only one sign which shall not exceed two square feet.
(d) 
Home occupations shall allow no more than two nonresident assistants, interns, or employees at any one time per home occupation.
(e) 
Home occupations shall provide off-street parking for any and all anticipated increase in vehicles at the dwelling.
[3]
Editor's Note: Said table is included at the end of this chapter.
G. 
Light manufacturing/industry.
(1) 
Materials stored outside shall be screened and buffered so as to not be visible from the public right-of-way.
(2) 
No activities that will become noxious or offensive due to the emission of noise, smoke, dust, odors, gas or light shall be conducted without site plan review approval by the Planning Board.
H. 
Mineral mining and extraction. The excavation and sale of sand, gravel, clay, shale, topsoil or other natural mineral deposits shall be subject to the following conditions:
(1) 
Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings, land or natural beauty or adversely affecting the primary purpose of the zoning district in which it is located shall be prohibited.
(2) 
The top of any excavated area shall not be closer than 40 feet to a property line, nor within 300 feet of any public street or highway.
(3) 
Land having an area of more than 5,000 square feet from which topsoil has been removed or covered over by fill shall be seeded to provide an effective cover crop within the first growing season following the start of said operation.
(4) 
A mineral, mining and extraction application shall be accompanied by a plan for the rehabilitation of land involved, as well as a performance bond if required by Planning Board, executed by a surety company authorized by this state, guaranteeing the compliance hereof and to be released only upon rehabilitation compliance certification by the Zoning Administrator.
(5) 
Excavation.
(a) 
Slopes caused by the excavation shall not exceed 30%.
(b) 
Depth of excavation shall approach no closer than five feet to the average high point of the groundwater table measured annually.
(c) 
Stockpiled material shall not exceed 35 feet in height.
(d) 
The entry into the excavated area shall be curved so as to prevent a direct view from the public right-of-way.
(6) 
Buffer zones.
(a) 
A one-hundred-foot no-cut buffer zone shall surround the excavation within the limits of the property.
(b) 
A one-hundred-foot no-cut buffer zone shall separate the excavation from any streambed.
I. 
Mobile homes. Mobile homes shall be subject to the following requirements:
(1) 
New and/or replacement mobile homes shall be subject to the following requirements:
(a) 
Each mobile home shall be located on:
[1] 
A permanent, continuous masonry foundation; or
[2] 
Concrete blocks or masonry/pressure-treated wooden piers, provided that there shall be a continuous skirting of metal, wood or comparable durable material installed so as to obscure the wheels from view from the highway or the street and from any adjoining property.
(b) 
Provisions shall be made for the embedding of tie-down bolts sufficient to prevent movement or dislodgment of the mobile home.
(c) 
Each mobile home shall meet all of the requirements of the New York State Uniform Fire Prevention and Building Code and the codes, rules and regulations of the State of New York as amended.
(d) 
Upon receipt of a permit for a mobile home installation, the applicant shall have 90 days from the time the mobile home is placed on the lot in which to complete the installation according to this section.
(2) 
These conditions shall not apply to the occupied mobile home located on a lot prior to the enactment of this chapter. However, if such mobile home is relocated, or if a replacement mobile home is proposed to be located on the site, the provisions of this chapter shall be met.
(3) 
Option to upgrade.
(a) 
In addition to the requirements listed in Subsection I(1) above, the following standards shall be met:
[1] 
Tongue and wheels shall either be removed from the mobile home or used as an integral part of the upgrade.
[2] 
Exterior siding must be residential in appearance, including, but not limited to, clapboards, simulated clapboards, such as conventional vinyl or metal siding, wood shingles, shakes or similar material, but excluding smooth, ribbed or corrugated metal or plastic panels.
[3] 
Roof.
[4] 
Pitch. The roof must be pitched so there is a minimum three-inch and maximum six-inch vertical rise for each 12 inches of horizontal run.
[5] 
Projection. The roof overhang must be a minimum of 12 inches measured from the vertical side of the mobile home.
(b) 
Upon issuance of land use and development permit, the proposed project shall be completed within 180 days. Failure to do so shall subject the applicant to penalties as stated in Article XI, Administration and Enforcement, of this chapter.
J. 
Mobile home parks. Each mobile home park shall meet all of the requirements of the 10 NYCRR Part 17, Mobile Home Parks, as amended.
K. 
Restaurant.
(1) 
Ground-mounted utilities and dumpsters shall be screened with solid fencing and/or landscaping consistent with the architectural style of the structure. The use of enclosed structures for trash storage that complements the project architecture is encouraged.
(2) 
Dumpsters shall not be located within 20 feet of any property lines.
L. 
Veterinary hospital and kennel.
(1) 
For all outdoor kennel uses, vegetative or architectural screening shall be provided to screen the parking from the public right-of-way and/or neighboring residential uses.
(2) 
All animal and medical wastes shall be disposed of in a sanitary and environmentally safe manner, consistent in all respects with all state and federal requirements.
(3) 
All veterinary hospitals and kennels shall not be less than 200 feet from center line of any roadway, 100 feet from any side or rear lot line. A two-hundred-foot setback shall be required from any existing occupied structure on an adjoining parcel.
M. 
Waterfront-related use, intensive.
(1) 
All waterfront-related uses and intensive waterfront-related uses are permitted and shall be subject to site plan review.
(2) 
Waterfront-related uses are permitted within 250 feet of the mean high water mark of the Hudson River and Schroon River.
(3) 
Intensive waterfront-related uses are permitted within 250 feet of the mean high water mark of the Hudson River and Schroon River if an area within the project, of an adequate size as determined by the Planning Board, provides permanent and unrestricted access to the general public.
(4) 
The minimum lot width along the shoreline shall be 150 feet.
(5) 
The setback of all principal and accessory buildings or structures in excess of 100 square feet, other than docks, boat houses or swimming floats hereinafter regulated, shall be a minimum of 50 feet from the mean high-water mark.
(6) 
Cutting restrictions on shoreline lots.
(a) 
Within 35 feet of the mean high water mark, no vegetation may be removed, except that up to a maximum of 30% of the trees in excess of six inches in diameter at 4 1/2 feet above ground elevation existing at any time may be cut over any ten-year period.
(b) 
The above cutting standards shall not be deemed to prevent the removal of diseased vegetation or of rotten or damaged trees or other vegetation that presents safety or health hazards.
(c) 
There shall be neither removal of vegetation nor any grading within 10 feet from the top of the slope of any stream bed or drainageway.