Town of North Collins, NY Article IX Supplemental Regulations

§ 265-30 Use regulations.

A. Plans required in R-C, C-1, C-2 and M-2 Districts.

(1) Notwithstanding any other provisions of this chapter, the establishment of any new use, building or structure or the conversion, enlargement or extension of any existing use, building or structure for other than residential or public purposes in the R-C, C-1, C-2 and M-2 Districts shall be permitted only upon the basis of a plan therefor approved by the Town Board after review thereof and recommendation thereon by the Town Planning Board and the Code Enforcement Officer of the Town of North Collins. This subsection shall only pertain to uses, buildings and structures permitted in the R-C, C-1, C-2 and M-2 Districts under this chapter other than residential or public uses. This subsection shall not authorize the establishment of any use in any district where said use is prohibited in any way by any other provision of this chapter.

(2) The plan mentioned above shall recognize all of the requirements of the zoning district in which the property encompassed by the plan is situated. In addition, the plan shall indicate the specific treatment of property ingress and egress to a public right-of-way, the on-site location of required off-street parking, if any, and such other considerations required for plan approval as may be stipulated by the Town Board before any building permit or occupancy certificate shall be granted.

B. Temporary structures or uses.

(1) The following temporary structures shall be deemed to be permitted uses in all zoning districts:

(a) Temporary structures or uses incidental to construction work, including a nonilluminated sign not exceeding 12 square feet in area of any contractor, engineer or architect, for a period of time not to exceed one year, provided that any such structure shall be removed forthwith upon the completion or abandonment of the construction work. Any extension of said time limit shall require the approval of the Board of Appeals. See also Chapter 200, Signs.

[Amended 12-4-1991 by L.L. No. 2-1991]

(b) The temporary use of a dwelling as a model home, for a period of time not to exceed three months.

(c) Any temporary structure or use permitted by the Board of Appeals as authorized in Article XII.

[Amended 12-4-1991 by L.L. No. 2-1991]

C. Accessory business signs in C or M Districts.

(1) Nonflashing signs which direct attention to a profession, business, service, entertainment or commodity conducted, offered, sold or manufactured upon the same lot (including for-rent or for-sale signs), shall be permitted in any C or M District, subject to the following restrictions:

(a) Location.

[1] Illuminated signs, except for gasoline brand name signs, shall be attached to the building. Illuminated gasoline brand name signs shall not be located in the corner visibility area defined in § 265-32E.

[2] No sign shall project across a street line.

[3] No sign shall be located in a required interior side yard or within 10 feet of any R District boundary.

[4] Signs attached to a building shall be attached to a wall.

(b) Size.

[1] No illuminated sign attached to a wall facing an interior side yard or rear yard along an R District boundary shall have a surface area, in square feet, larger than its distance, in linear feet, from such R District boundary.

[2] No sign within 100 feet of any R District boundary shall have a surface area, in square feet, larger than its distance, in linear feet, from such R District boundary, unless such sign is perpendicular to such R District boundary or is attached to a wall pierced by a primary business entrance of the use to which such sign is accessory.

[3] No sign shall exceed 60 square feet in size.

[Added 12-4-1991 by L.L. No. 2-1991]

(c) Height.

[1] Any sign attached to a building wall shall not extend above such wall.

[2] Any sign not attached to a building shall not extend more than 25 feet above the adjoining ground level.

(2) One nonflashing sign which identifies a group of stores as a shopping center or shopping plaza shall be permitted when the location, size, height and type of illumination, if any, of such sign is approved by the Planning Board.

[Amended 12-4-1991 by L.L. No. 2-1991]

D. Limitations on gasoline service stations and public garages shall be as follows:

(1) No part of any building used as a gasoline service station or public garage and no filling pump, lift or other service appliance shall be erected within 25 feet of any R District boundary.

(2) No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance shall be installed in connection with any gasoline service station or public garage within 20 feet of any street line.

(3) Two reservoir spaces for each gasoline pump shall be provided on the lot for waiting vehicles. Such reservoir space shall not include space at the pump or required parking space.

(4) Storage of gasoline shall be in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(5) There shall be no use of the lot, except for landscaping or screening, within 20 feet of any R District boundary.

(6) All portions of the lot not enclosed in a building and used for a reservoir space or for storage, parking or servicing of a motor vehicle shall be subject to the provisions of Subsection E.

E. Limitations on automotive use areas. Except for farms and one-family or two-family residences, any portion of a lot used for open off-street parking or reservoir space or for open sales, service or storage areas for motor vehicles, contractors' equipment or boats shall be deemed to be an automotive use area and shall be subject to the following requirements:

(1) Surfacing. Every automotive use area and access driveway thereto shall be surfaced with a durable and dustless material and shall be so graded and drained so as to dispose of surface water accumulation.

(2) Lighting. Any fixture used to illuminate any automotive use area shall be so arranged as to direct the light away from the street and away from adjoining premises in any R District.

(3) Screening. Every automotive use area, except off-street parking areas for fewer than five vehicles, shall be screened from any adjoining lot in any R District, including lots situated across the street, as follows:

(a) Along a street line, by a planting strip five feet wide; provided, however, that no shrub planting or tree foliage shall be placed or maintained which obstructs vision at an elevation between three feet and seven feet above the street level. Such screening may be interrupted by normal entrances and exits.

(b) Along a rear lot line or an interior side lot line which abuts an existing or future rear yard or side yard on such adjoining lot, by a compact evergreen hedge which will reach a height of five feet within three years or by a solid uniformly painted fence or an unpierced masonry wall five feet in height. Such screening shall be maintained in good condition at all times.

(4) Access.

(a) No entrance or exit to any automotive use area shall be permitted within 30 feet of any intersecting street lines; and, except for off-street parking areas for uses permitted in any R District requiring fewer than 10 parking spaces, no entrance or exit shall be permitted within 15 feet of a lot in any R District.

(b) Access to automotive use areas, except for off-street parking areas in R Districts for fewer than five vehicles, shall be approved by the Town Highway Superintendent and shall be so arranged that vehicles shall not back into a street.

(5) Restriction on use. No automotive use area shall be used for auto wrecking or for the storage of wrecked, partially dismantled or junked vehicles or equipment or motor vehicles which do not qualify for New York State motor vehicle registration.

F. Lots divided by district boundaries.

(1) Where a lot is divided by any zoning district boundary so as to be in more than one zoning district and where such lot was an existing lot when such district boundary was established, a conforming use, occupying 50% or more of the area of said lot and having street frontage in the district where permitted, may be extended on such lot not more than 25 feet, measured perpendicular to the district boundary, into any district where such use is not permitted.

(2) Such use shall be subject to all regulations applicable to the district where permitted.

G. Lot frontage on streets for dwellings. No dwelling shall be erected on any lot which lot does not have immediate frontage on a street as defined in this chapter.

H. Screening of service entrances in C or M Districts. Where a loading or unloading platform or any service entrance in a C or M District faces any lot line which coincides with any R District boundary, such platform or service entrance shall be effectively screened from such R District in a manner approved by the Town Code Enforcement Officer.

§ 265-31 Height regulations.

Height exceptions and limitations. The height limitations of this chapter shall not apply to:

A. Chimneys, flues, spires or belfries.

B. Elevator or stair bulkheads, roof water tanks or cooling towers, including enclosures, provided that such structures, in the aggregate, do not occupy more than 10% of the roof area.

C. Flagpoles, radio or television antennas, masts or aerials located on a building and extending not more than 20 feet above the roof of such building.

§ 265-32 Lot size and open space regulations.

A. Lot size exception for existing small lots. The lot width or area requirements of this chapter shall be automatically waived to permit the erection of a single-family dwelling or the restoration, enlargement (but no additional dwelling units), moving, repair or alteration of an existing single-family dwelling on any lot of record which was owned separately and individually from all other tracts of land on the effective date of this chapter or on the effective date of any subsequent amendment increasing the lot size requirements for such lot, provided that:

(1) Such use is permitted in the district where such lot is located.

(2) All other regulations prescribed in this chapter shall apply thereto; provided, however, that no side yard shall be less than five feet and the total width of both side yards shall be not less than 13 feet.

(3) The lot area is large enough for adequate sewage disposal where individual private sewage systems are employed.

B. Front yard modification.

(1) In all districts, except M Districts, where there are existing principal buildings on adjoining lots on each side of a parcel of land less than 100 feet in width having a front yard setback or exterior side yard setback less than the required front yard depth of said parcel, the required front yard depth of said parcel shall equal the average setback from the street line of such existing buildings on said adjoining lots. This modification shall not permit any front yard depth less than 15 feet.

(2) In M Districts where there are existing principal commercial or industrial buildings on adjoining lots on each side of a parcel of land less than 100 feet in width and these buildings have a front yard setback or exterior side yard setback less than the required front yard depth, the required front yard depth of said parcel shall equal the average setback from the street line of such existing buildings on said adjoining lots.

C. Side yard modification for corner lots.

(1) In R Districts:

(a) On a corner lot where the rear lot line coincides with the rear lot line of the adjoining lot for a distance from the street line, the required width of the exterior side yard for any building shall equal 10% of the lot width but need not be more than 10 feet.

(b) On a corner lot where the rear lot line coincides with a side lot line of the adjoining lot for a distance from the street line:

[1] The required width of the exterior side yard for buildings up to 30 feet in height shall equal 30% of the lot width but need not exceed 40 feet and shall not be less than 18 feet.

[2] The required width of the exterior side yard for buildings over 30 feet in height shall equal the required front yard depth of said adjoining lot but need not exceed 40 feet.

(2) In C or M Districts:

(a) On a corner lot where the rear lot line coincides with the rear lot line of the adjoining lot for a distance from the street line, the required width of the exterior side yard of said corner lot shall be not less than:

[1] For dwellings, the same as in Subsection C(1)(a) of this section.

[2] Other principal buildings: 30 feet when the exterior side yard abuts any R District boundary or 10 feet in any other case.

(b) On a corner lot where the rear lot line coincides with a side lot line of an adjoining lot, the width of the exterior side yard of said corner lot shall be not less than the depth of the required front yard of said adjoining lot.

(3) In any district, the regulations of this subsection may be varied by the Zoning Board of Appeals as provided in Article XII.

D. Rear yard modification for through lots. On a through lot, where the rear lot line coincides with a street line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply on that portion of a through lot where a front yard equivalent is required.

E. Visibility at intersections. In any district where a front yard of 25 feet or more is required by this chapter, no sign, fence, wall, hedge, shrub planting or tree foliage which obstructs vision at elevations between three feet and seven feet above the street level shall be placed or maintained within the triangular area formed by two intersecting street lines and a line connecting points on such street lines 30 feet distant from their point of intersection. This regulation shall not apply to any necessary retaining wall or to buildings existing on the effective date of this chapter.

F. Permitted obstructions in required open space. None of the following uses, structures or parts of structures shall be considered as obstructions when located as specified:

(1) In any required open space:

(a) Access drives or walks.

(b) Fences or walls not exceeding 3 1/2 feet in height, except as otherwise provided in § 265-30E for screening.

(c) Flagpoles not exceeding 20 feet in height.

(d) Retaining walls of any necessary height.

(e) Permitted signs.

(f) Unenclosed steps or terraces not extending more than one foot above the adjoining finished grade.

(g) Projections from a principal building as follows, provided that no projection is nearer than five feet to a side lot line:

[1] Awnings or canopies.

[2] Chimneys or roofs projecting not more than two feet into a required open space.

[3] Windowsills and architectural features projecting not more than four inches into a required open space.

[4] Unenclosed steps not extending above the first-floor level.

(h) In any C or M District, open accessory off-street parking spaces.

(2) In any required interior side yard:

(a) A one-story attached garage not more than 12 feet in height projecting not more than three feet into a required interior side yard, provided that such garage shall not be nearer to any side lot line than a distance equal to 1/2 the height of said garage or five feet, whichever is greater.

(b) An open fire escape projecting not more than four feet into a required interior side yard but not nearer to any side lot line than five feet.

(3) In any rear yard, not a front yard equivalent, or in any part of an interior side yard which exceeds a required side yard:

(a) Fences or walls not to exceed six feet in height, or eight feet in height when approved by the Board of Appeals.

(b) Any accessory use or structure permitted in the district regulations, subject to Subsection G, Limitations on obstructions in required open space.

(c) Projections. Balconies, bay windows, nonweatherproofed porches or breezeways or attached garages not exceeding 12 feet in height may extend into a required rear yard for a distance not to exceed 1/3 the required depth of such yard.

(d) Flagpoles or accessory radio or television antennas of any height, provided that such structure shall be set back from any property line a distance equal to its height.

G. Limitations on obstructions in required open space are as follows:

(1) In C or M Districts, no storage, truck parking, loading or unloading or processing of any kind shall be permitted in any required yard in any C or M District. This provision shall not apply to uses accessory to a permitted dwelling, but such accessory uses shall be subject to the following limitations on obstructions in required open spaces in the R Districts.

(2) In R Districts:

(a) Accessory buildings and roofed projections shall not occupy more than 30% of a required rear yard of an interior lot or more than 40% of a required rear yard of a corner lot.

(b) No part of an accessory building shall be nearer than three feet to a rear or side lot line, except that, where such lot line abuts a side yard of an adjoining lot in any R District, the setback shall not be less than a distance equal to 1/2 the height of the accessory building or five feet, whichever is greater.

(c) Detached accessory buildings shall be at least 10 feet from any dwelling and five feet from any other building.