[HISTORY: Adopted by the Town Board of the Town of New Lebanon 8-9-2010 by L.L. No.
3-2010. Amendments noted where applicable.]
This chapter regulates and restricts the uses of land and the
locations, construction and use of buildings and structures; establishes
boundaries of districts for said purposes; establishes a Zoning Board
of Appeals with power to determine and vary the application of the
regulations hereby established in harmony with their general purpose
and intent; and provides for the enforcement of the provisions herein,
all for the purpose of promoting the health, safety, economy, aesthetics,
morals and general welfare of the inhabitants of the Town of New Lebanon.
This chapter shall be known and may be cited by the short-form title
of "Zoning Law of the Town of New Lebanon, New York."
This chapter is enacted by the Town Board of the Town of New
Lebanon, in the County of Columbia, under the authority and power
granted by the Municipal Home Rule Law and the Town Law of the State
of New York, in conformance with the Town of New Lebanon Comprehensive
Plan duly adopted by the Town Board.
This chapter is enacted to meet the goals expressed in the Town
of New Lebanon Comprehensive Plan and for the following purposes:
A.
To protect and enhance scenic vistas and the Town's natural beauty
and rural and small-town character;
B.
To preserve and protect the environment;
C.
To promote an environment that supports appropriate business growth
and retention;
D.
To promote housing opportunities;
E.
To preserve farms and farmland;
F.
To lessen congestion in the streets;
G.
To secure safety from fire, flood, panic and other dangers;
H.
To promote health and the general welfare;
I.
To provide adequate light and air;
J.
To prevent the overcrowding of land;
K.
To facilitate the adequate provision of transportation, schools,
parks and other public requirements;
L.
To enhance the value of land and buildings; and
M.
To encourage the most appropriate use of land throughout the Town.
A.
The Town of New Lebanon is hereby divided into the following districts:
[Amended 8-8-2023 by L.L. No. 4-2023]
|
RA-5
|
Residential-Agricultural/Conservation
|
|
RA-2
|
Residential-Agricultural
|
|
RA-1
|
Residential-Agricultural
|
|
C
|
General Commercial
|
|
C-Rec
|
Commercial-Recreational
|
|
C-R
|
Commercial-Residential
|
|
C-I
|
Commercial-Industrial
|
|
FZ-O
|
Flood Zone Overlay
|
|
S-O
|
Solar Overlay
|
B.
District purposes. The following statements of purpose define the
spirit and intent of each land use district and are to be used as
guides in the interpretation and application of these regulations:
(1)
Residential-Agricultural/Conservation (RA-5) District. The purpose
of the Residential-Agricultural/Conservation District is to encourage
agricultural operations and open space preservation and allow very-low-density
residential development that is consistent with those land uses, to
maintain and protect the rural and small-town character of New Lebanon,
to provide for and encourage open spaces and the protection of the
Town's natural resources, and to foster safe pedestrian and traffic
circulation consistent with the rural character.
(2)
Residential-Agricultural (RA-2 and RA-1) Districts. The purpose of
the Residential-Agricultural (RA) Districts is to provide for low-density
residential development consistent with goals to maintain and protect
residential and neighborhood qualities and rural character, to protect
the Town's natural resources, and to foster safe pedestrian and traffic
circulation consistent with the rural character.
(3)
Commercial Districts (C and C-Rec). The purposes of the commercial
districts are to provide areas in the Town for retail and nonresidential
development in a variety of scales and with a variety of retail uses
and services to meet the needs of the community, to add to the economic
base of the community, and to ensure that commercial development is
consistent with the character of New Lebanon.
(4)
Commercial-Industrial (C-I). The purpose of the Commercial-Industrial
District is to provide a location for manufacturing, industrial and
large commercial development in an area having adequate access to
highways.
(5)
Commercial-Residential (C-R). The purpose of this district is to
maintain the historically mixed-use area on the north side of Route
20 from New Lebanon Center east to the southerly intersection of Route
20 and Route 22.
(6)
Flood Zone Overlay (FZ-O). The purpose of the Flood Zone Overlay
is to protect the public health and safety by regulating development
in the area of Town subject to flooding as such area is identified
on a map prepared by the Federal Emergency Management Agency, as such
map may be amended from time to time, and to protect the important
role these locations have in the environment.
(7)
Solar
Overlay (S-O). The boundaries of the Solar Overlay District are intended
to identify areas that may be appropriate for large-scale solar energy
systems based on the following goals, and additional lands may be
added to the Solar Overlay District by legislative action of the Town
Board where consistent with the following goals:
[Added 8-8-2023 by L.L. No. 4-2023]
(a)
Avoiding prime farmland;
(b)
Encouraging the productive reuse of unused or underused land formerly
used for commercial excavation or similar commercial or industrial
uses, and land where the potential use and development is adversely
affected by real or perceived environmental contamination;
(c)
Focusing the use and development of land for large-scale solar energy
systems on areas in close proximity to existing electrical grid infrastructure
that is sufficient to support such systems;
(d)
Avoiding important wetlands and floodways;
(e)
Incorporating community values and priorities;
(f)
Avoiding areas intended for commercial development of labor-intensive
and/or customer-oriented establishments along the Routes 20/22 corridor;
and
(g)
Minimizing interference with existing viewsheds to the extent practicable.
C.
The locations and boundaries of the zoning districts hereby established
(including the S-O) are shown on a map entitled "Zoning Districts
of the Town of New Lebanon," initially adopted August 9, 2010, and
as amended from time to time. The FZ-O is shown on the map entitled
"Flood Insurance Rate Map." The maps and all notations, references
and other information shown thereon are hereby declared to be a part
of this chapter and shall be kept up-to-date in the offices of the
Town Clerk for the use and benefit of the public.
[Amended 7-14-2020 by L.L. No. 1-2020; 8-8-2023 by L.L. No. 4-2023]
D.
Where uncertainty exists as to the locations of any boundaries shown
on the Zoning Map, the following rules shall apply:
(1)
Where district boundaries are indicated as following the center lines
of streets, highways, railroad rights-of-way or waterways, these shall
be construed to be such boundaries.
(2)
Where such boundaries are indicated as approximately following lot
lines as they exist on the date of adoption of this chapter, such
lot lines shall be construed to be such boundaries.
(3)
Where such boundaries are indicated to be approximately parallel
or perpendicular to center lines of streets, highways, railroad rights-of-way
or waterways, such boundaries shall be construed as being parallel
or perpendicular thereto and at such distances therefrom as indicated
on the Zoning Map. If no distance is given, such dimension shall be
determined by the use of the scale on said Zoning Map.
(4)
Where a district boundary divides a lot at the time of adoption of
said boundary lines, the regulations for the less-restricted portion
of such lot shall apply to the remainder of said lot up to a distance
of not more than 50 feet from said boundary line.
A.
No building or part thereof shall be erected, moved or structurally
altered, nor shall any building or lands be used or occupied, except
in conformity with the regulations of this chapter, herein specified
for the district in which such building or land is located. The regulations
herein are deemed to be specific. Those uses and structures for which
there are no specific provisions in this chapter shall be deemed to
be prohibited. Any use not specified as permitted or allowed by a
special permit for any district as per the Use Table is prohibited.[1] Notwithstanding the foregoing, uses identified as permitted
or allowed by special permit in the Solar Overlay District shall supplement
and be in addition to uses that are otherwise permitted or allowed
by special permit in the applicable underlying zoning district.
[Amended 8-8-2023 by L.L. No. 4-2023]
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
B.
No yard or open space required in connection with any building or
use shall be considered as providing a required open space for any
other building or use on the same or any other lot.
C.
No lot shall be formed from part of a lot already occupied by a building
unless such building and all yards and open spaces connected therewith
on the remaining lot comply with all requirements prescribed by this
chapter for the district in which said lot is located. No permit shall
be issued for the erection of a building on any new lot thus created
unless such building and lot comply with all the provisions of this
chapter.
D.
Incentive zoning.
(1)
Statement of policy. Pursuant to § 261-b of the New York
State Town Law, the Town of New Lebanon hereby establishes a policy
of encouraging the preservation of open space and agricultural lands
and the provision of facilities and amenities that would benefit the
Town by providing incentive(s) to applicants seeking approval of a
subdivision plat.
(2)
Purpose. The purpose of the Town's system of incentive zoning is
to advance the goals and policies expressed in the Town's Comprehensive
Plan. As set forth below, the Town Board has established standards
for the proper application of incentive zoning and the specific findings
the Planning Board shall make prior to approving an adjustment to
the maximum unit density requirements of this chapter.
(3)
Grant of authority. In considering an application for approval of
a subdivision, the Planning Board is hereby authorized to adjust the
maximum density requirements of the zoning district in which the property
is located in exchange for one or more of the specifically identified
benefits and in accordance with the standards and conditions set forth
below.
(5)
Incentives. Notwithstanding any contrary provision of this chapter that limits or restricts the maximum unit density of a proposed subdivision, for the permanent preservation in its undeveloped state of not less than 50% of the gross land area of a proposed subdivision, including, but not limited to, active agricultural lands and areas having prime soils or statewide important soils, a thirty-percent increase in the maximum unit density for the zoning district may be approved. The calculation of the incentive is based on the maximum density for a proposed subdivision as determined by the Planning Board pursuant to § 205-7B(10).
(6)
Findings. Before approving an adjustment to the maximum unit density
requirements of this section in exchange for the identified benefits,
the Planning Board shall make the following specific findings:
(a)
That the proposed adjustments would not have a significant adverse
impact on the property or to adjoining property or to the neighborhood
in which the property is situated.
(b)
That the open space protected pursuant to this section would
maximize conservation or agricultural value.
(c)
That proper easements, surety or performance guarantees between
the applicant and the Town or an authorized land preservation trust
ensuring the permanent preservation of the land to be preserved in
its undeveloped state, covering future title, dedication and provisions
for the costs of land or improvements, are or will be in existence
as of the date the final plat map is signed by the Chairman of the
Planning Board.
(d)
That the proposed adjustments would not adversely affect the
public health, safety or welfare or those of the residents of the
project or neighboring lands.
(e)
That the necessary water and septic requirements can be met
with the proposed density adjustments.
The following requirements apply to uses within the specified
districts in addition to all other applicable requirements:
A.
Regulations specific to Residential-Agricultural/Conservation District
(RA-5).
(1)
The use of a conservation subdivision plan in this district is specifically
required when the parcel contains, in whole or in part, one or more
of the following:
(a)
State and/or federal freshwater wetlands occupy 25% or more
of the site.
(b)
Slopes of greater than 20% occupy 25% or more of the site.
(c)
The site contains a floodplain or flood hazard area as mapped
by the Federal Emergency Management Agency's Flood Insurance Maps.
(d)
The site contains a critical environmental area designated pursuant
to 6 NYCRR 617.14(g).
(e)
The site contains an identified scenic view or scenic vistas.
(f)
The lot or parcel is under a DEC Forestry Management Plan.
(2)
All development within the Residential-Agricultural/Conservation
District should incorporate smart or "low-impact development" procedures
to reduce the impact of new growth. Components of these procedures
include, but are not limited to:
(a)
Limit total impervious surface coverage.
(b)
Retain and incorporate natural site features that promote infiltration
of stormwater on a developed site.
(c)
Use bioretention, pervious surfaces, open space surface water
dispersion, soil restoration, and other dispersed facilities to control
stormwater as close to the origin as possible.
(d)
The use of traditional conveyance and pond technologies to manage
stormwater quality and quantity should only be considered after all
other low-impact development techniques have been considered and used
to the greatest extent possible.
(3)
The appropriate Board may specify the location of the building envelope,
to preserve trees or other resources, take advantage of soil conditions,
or make the development more rural in character. In major subdivisions,
building envelopes should be moved to provide irregular spacing of
buildings and to break up the linearity of the street facade of buildings.
The building envelope shall be recorded on the final plat in lieu
of setback lines.
(4)
Other rural siting guidelines.
(a)
Encourage the integration of new subdivisions with the surrounding
existing neighborhoods and rural character. The site layout of new
development should protect roadside views and ensure that home sites
blend into the landscape to the greatest extent possible.
(b)
Retain existing tree rows and hedgerows, stone walls, and similar
features in the development of any new use or the expansion of any
existing use.
(c)
New buildings adjacent to significant historic structures should
be designed in a manner that harmonizes with the general architectural
features of such historic structures in terms of form, materials,
fenestration, and roof shape.
(d)
New streets should be designed with rural characteristics, including
minimal tree clearing, minimal grading and filling of existing topography,
and usage of natural drainage where practicable. Reuse farm roads
or country lanes whenever possible.
(e)
The Planning Board is authorized to identify a building envelope
placement during site plan or subdivision review. Placement of new
structures in the center of former agricultural fields should be minimized.
Hedgerows and other natural features should be incorporated into the
layout.
(f)
Major modifications to the existing landscape such as extensive
grading, clear-cutting of trees, or other similar activities shall
be avoided.
(g)
Streets should be designed to maintain and preserve natural
topography, significant landmarks, and trees; to minimize cut and
fill; and to preserve and enhance views and vistas on or off the subject
parcel. Road design should reflect the context and characteristics
of the area. The use of narrow roads, similar to existing country
routes, is encouraged. Utilize street trees to provide shade and separate
the roadway from pedestrians.
(h)
Minimize the number of curb cuts on existing roads and utilize
shared driveways, linked/shared parking where possible.
B.
Residential-Agricultural District (RA-2, RA-1).
(1)
In addition to the regulations in Subsection A, above, the Planning Board shall encourage 50% of the parcel to remain as open space by clustering lot layouts.
(2)
Conservation subdivisions. The Planning Board is authorized to allow or require adherence to the requirements of the Subdivision Law (Chapter 179 of the Code of the Town of New Lebanon) regarding clustering and open space preservation for all subdivision applications in these zoning districts where, in the opinion of the Planning Board, the purposes of this chapter cannot be met under conventional subdivision methods.
C.
Regulations specific to the Commercial Districts (C, C-Rec, C-I). In addition to the design guidelines established in § 205-8E, the following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any commercial use in these districts:
(1)
The development of public parks, commons, or pedestrian plazas with
amenities such as benches and landscaping should be encouraged.
(2)
Where practicable, existing tree rows and hedgerows, stonewalls,
and similar features should be retained in the development of any
new use or the expansion of any existing use.
(3)
Where practicable, new buildings should be designed in a manner that
harmonizes with the general architectural features of the traditional
and rural nature of New Lebanon in terms of form, materials, and fenestration
and roof shape.
(4)
All new streets shall be designed to permit the installation of electric,
water, sewer, and gas utilities underground, either initially or at
the time major improvements or upgrades are made to the street or
the particular service.
(5)
Cross-easements shall be used to provide shared access to parking
whenever possible.
D.
Regulations specific to the Commercial-Residential District (C-R).
A.
Regulations governing lot area and lot width; front, side and rear
yards; and building coverage are as specified in Schedule 1.[1] The regulations appearing in Schedule 1 are subject to the supplementary regulations of § 205-8 and additional regulations as follows:
[1]
Editor's Note: Schedule 1, Area and Bulk Regulations, is included at the end of this chapter.
B.
Additional area regulations.
(1)
Lots of less-than-required dimensions. Nothing contained herein shall
prohibit the use of a lot of less than the prescribed area, width
or depth, when such lot is owned individually or separately from any
adjoining tract at the time of enactment of this chapter, provided
that all other provisions of this chapter are met. The Planning Board
is authorized to vary residential lot width, depth and/or area for
conservation subdivisions.
(2)
Corner lot. On a corner lot in any district where a front setback
is required, a setback shall be provided on each street equal in depth
to the required front setback on such streets. One rear setback shall
be provided on each corner lot, and the owner shall designate the
rear setback on the application for a zoning permit. In no case shall
the designated rear lot width be so interpreted as to reduce the building
width of a corner lot facing an intersecting street, and of record
at the time of the passage of this chapter, to less than 24 feet.
(3)
Visibility at street corners. On a corner lot in any district where
a front yard is required, no fence, wall, hedge or other structure
or planting more than three feet in height shall be erected, placed
or maintained so as to obstruct visibility of vehicular traffic within
the triangular area formed by the intersecting street right-of-way
lines and a straight line joining said lines at points 20 feet distant
from the point of intersection, measured along said lines.
(4)
Walls, fences and hedges. The following standards shall apply to
fences, walls and hedges for all uses in all districts:
[Amended 6-10-2014 by L.L. No. 1-2014]
(a)
Exemptions.
[1]
These fence, wall and hedge regulations shall not apply to agricultural
fencing, walls or hedges or temporary safety fencing erected during
construction activities approved by the Town; provided, however, that
the requirement specified in Subsection B(4)(b)(2) concerning sight
distance at intersections or rights-of-way and street corners shall
apply to all forms of fences, walls or hedges. For purposes of this
section, the term "agricultural fencing" shall include any fence constructed
on a farm operation or constructed to enclose a residential garden.
[2]
The Town Building Inspector may authorize a retaining wall in
excess of the foregoing height limitation when it is determined that
the same is necessary for the proper safety and preservation of persons
or property.
(b)
Location.
[Amended 7-14-2020 by L.L. No. 1-2020]
[1]
Fences, freestanding walls and hedges and all supporting structures
must be entirely on the property of the party erecting the fence.
[2]
Fences and freestanding walls shall not obstruct sight distance
at intersections or rights-of-way and shall comply with required setbacks
at street corners.
[3]
Any fence, freestanding wall or hedge built along an adjacent
lot shall be installed interior from the lot line with a two-foot
setback to provide for maintenance and lawn or field mowing. Lawns
and other growth shall be maintained by the property owner to the
property line in accordance with New York State Property Maintenance
Code.
(c)
Height.
[1]
Fences or freestanding walls within a front yard, in a side
yard or rear yard shall not exceed six feet in height unless approved
or required by a board as part of an application for a special use
permit or a site plan review.
[2]
A maximum of 10 feet in height shall be allowed to enclose a
private or public tennis court, basketball court, or sports courts,
provided that the fence is not more than sixty-percent opaque, and
meets setback requirements.
(d)
Materials and construction.
[Amended 7-11-2017 by L.L. No. 2-2017; 7-14-2020 by L.L. No. 1-2020]
[1]
All fences and freestanding walls shall be constructed and installed
in accordance with the generally accepted standards of good workmanship
and any applicable manufacturer's specifications.
[2]
All fences and freestanding walls shall be maintained in a structurally
sound condition, and components or finishes that become deteriorated
shall be repaired or replaced promptly.
[3]
Canvas, cloth, wire mesh, snow fencing, chicken wire, pallets, plywood or any other material of a nonstructural nature may not be used as fencing material or as any part of fence. The use of any fencing material, or device, intended or which is likely to cause harm or injury to humans is prohibited. Examples of materials prohibited in this section include, but are not limited to, broken glass or electrification. All fences require a zoning permit unless they are exempt under § 205-7B(4)(a)[1].
[4]
All fencing that has a discernible finished side must be installed
or constructed so the finished side faces to the exterior of the lot
center.
[5]
Retaining walls visible from the public right-of-way should
be faced with masonry or other decorative screening, textures, design,
or landscaping to minimize the blank appearance of walls and ensure
compatibility with existing structures.
(5)
Accessory structures. For accessory structures under 144 square feet
which do not require a building permit, the required setback shall
be 10 feet from the side and rear property lines, and the accessory
structure must meet the front yard setback for the zoning district
in which it is placed.
[Amended 6-10-2014 by L.L. No. 1-2014]
(6)
Where there is proposed to be more than one principal building on
a single lot, the buildings shall be located on the lot in a manner
so that all of the minimum area regulations governing building location
are met by all principal buildings. Specifically, the structures shall
be located so the minimum lot size and width requirements, minimum
front, side and rear yard requirements and lot coverage maximums are
met.
(7)
One-hundred-foot setback from lake or stream. No building, building
envelope, septic tank, or tile field shall be located closer to a
stream, creek or other body of water, except that on existing undersize
lots where this requirement cannot be met, the septic tank and tile
field shall be located as far from the water as possible, but in no
case less than 50 feet away. Open porches and decks attached to a
residence shall be exempt, providing all other requirements can be
met, and provided that such porch or deck shall not be enclosed.
(8)
Height exceptions. District building height regulations shall not
apply to flagpoles, radio or television antennas, electric transmission
towers or cables, wind electric-generating equipment installed by
a residential customer generator or a farm customer generator in compliance
with New York State Public Service Law § 66-l, spires or
cupolas, chimneys, elevator or stair bulkheads, parapets or railings,
or water tanks or cooling towers, provided that such structures in
their aggregate coverage occupy no more than 10% of the roof area
of the building. Barns, grain elevators and silos may exceed height
limitations of this chapter, provided that for each one foot such
structure exceeds 35 feet, the minimum yard requirements shall be
increased by one foot but in no case may exceed 100 feet. The Planning
Board may, as part of site plan review, waive height restrictions
for wind electric-generating equipment installed for use in a commercial
or industrial use.
(9)
Structures in required yards.
(a)
The following accessory structures may be located in any required
yard except where such constitute a permanent obstruction in a required
front yard in any district:
[1]
Chimneys and pilasters;
[2]
Open arbor or trellis;
[3]
Unroofed steps, patio or terrace not less than 20 feet from
the highway right-of-way;
[4]
Awning or movable canopy not to exceed 10 feet in height;
[5]
Retaining wall, fence or masonry wall;
[6]
Overhanging roof not in excess of 10% of the required front
yard depth.
(b)
An accessory structure, except as allowed herein, shall not
be located within the minimum front yard setback.
(c)
The following accessory structures may be located in any side
or rear yard, subject to the limitations contained herein:
[1]
Solar energy collection devices shall adhere to the setbacks
applicable to structures in the zone in which they are located and
shall not be located in the front yard of any lot.
[Amended 7-11-2017 by L.L. No. 2-2017]
[2]
Permitted accessory buildings, provided that all the following
criteria are met:
[a]
No such building shall exceed the average height
of the principal structure on the lot;
[b]
No such building shall be set back less than 10
feet or the height of the accessory structure, whichever is greater,
from any lot line;
[c]
All such buildings in the aggregate shall not occupy
more than 30% of any required yard;
[d]
No such building shall project closer to the fronting
street than the minimum front yard setback; and
[e]
Not more than two such accessory structures, other
than a permitted sign or satellite antenna, of which no more than
one shall be a private sign or a private garage, shall be permitted
by right on an individual lot. In the event the lot exceeds two acres,
any additional accessory structure may be allowed by a special use
permit.
(10)
Calculating density. The maximum permitted number of dwelling
units shall be determined based on buildable area. This is determined
by deducting from the total tract area the following features and
then applying the density required for that district:
A.
Motor vehicle storage.
(1)
Unregistered vehicles in the Town of New Lebanon, other than farm
equipment on an active farm, shall be stored in an enclosed building
or behind fencing adequate to conceal them from public view. A maximum
of two unregistered motor vehicles (each not exceeding 25 feet in
length) may be parked or stored outside on any lot, but limited to
the side or rear yard, unless specifically indicated as "for sale."
Junk vehicle lots are prohibited.
(2)
No junk storage area shall be located within 250 feet from the following:
any adjoining property line; any public park, church, educational
facility, nursing home, public building or other place of public gathering;
any river, stream, lake, pond, wetland or other body of water; or
the right-of-way of a public road.
B.
Water recreation, water storage and ponds. The accessory use of land
for water recreation or water storage such as swimming pools (whether
aboveground or in-ground), ponds, or open outdoor water storage tanks
shall comply with the following requirements:
[Amended 7-14-2020 by L.L. No. 1-2020]
(1)
All swimming pools, open outdoor water storage tanks, and other water
recreation or water storage shall comply with setback requirements.
(2)
Drainage of a swimming pool, pond, open outdoor water storage tanks
or other water recreation or water storage shall not interfere with
any public or private water supply, existing sanitary facilities or
surrounding properties.
(3)
An aboveground swimming pool or other aboveground storage structure
shall be located so that there is no danger to surrounding properties
or water supply or sewerage systems in the event of a break of the
container.
C.
Manufactured homes and compact homes.
[Amended 8-8-2023 by L.L.
No. 4-2023]
(2)
A manufactured home shall be securely located on and permanently
affixed to a concrete pad or foundation. A compact home shall either
be securely located on and permanently affixed to a concrete pad or
foundation, or otherwise properly anchored using an approved anchoring
system for manufactured homes or mobile homes.
(3)
All foundations, undercarriages, wheels, and/or anchoring systems
of a manufactured home or compact home, as applicable, shall be closed
by a skirt securely fastened and extending from the outside wall of
the home. The skirt shall be constructed of sturdy wood, plastic,
masonry, or metal material capable of withstanding weather conditions.
No skirt shall be required where a perimeter foundation fully encloses
the area between the unit and the ground level. Skirting must be installed
within 10 days of installation of the home.
(4)
Any lot containing a manufactured home or compact home shall meet
applicable area and dimensional requirements.
(5)
A permit may be granted to the owner of a farm located within a certified
New York State agricultural district to allow placement of not more
than two manufactured homes and/or compact homes to be occupied only
by full-time farm workers and their families employed by the owner
and provided that the such homes are located on a lot of at least
100 feet by 150 feet and are no closer than 40 feet to the farmhouse
and any farm building. All water and septic system requirements for
single-family homes shall be met.
(6)
Manufactured homes and compact homes shall be considered and treated
as a single-family structure.
D.
Driveways.
(1)
A driveway permit from the Town is required for access to Town roads. Driveway cuts not installed by the Town Highway Department must meet the standards of Appendix B of Chapter 179 of the Code of the Town of New Lebanon.
(2)
Access by emergency vehicles to all buildings is required.
(3)
The minimum driveway width shall be 12 feet and of suitable alignment
to allow for access by emergency vehicles. Driveways shall be constructed
with a minimum of six inches of run-of-bank gravel and crowned in
the middle.
[Amended 11-10-2020 by L.L. No. 3-2020]
(4)
Driveways shall intersect roads at approximately a ninety-degree
angle but in no case less than 70°. The intersection of the road
and driveway shall be connected with a minimum radius of 20 feet,
and the first 50 feet from the edge of shoulder shall not be steeper
than 3%. The driveway grade shall not exceed 10%. Lengths of drive
at ten-percent grade shall be interrupted by flatter slopes every
500 feet.
(5)
Adequate ditches and culverts shall be provided to accommodate drainage.
Where driveways cross road ditches, an approved culvert not less than
15 inches in diameter shall be provided. The driveway shall not increase
runoff onto the existing road unless approved by the Town Engineer.
(6)
In order to minimize curb cuts onto existing or proposed roads, to
maintain vegetated buffers along existing roads, and to preserve open
space and rural character, the Planning Board may accept or require
adjoining lots to utilize a shared driveway or two adjoining driveways
with a single curb cut. Shared driveways or accessways are preferred
over multiple curb cuts. The Planning Board shall require that an
offering plan be filed or a no-action or similar determination letter
be obtained from the New York State Department of Law whenever there
is a common interest in real property such as a shared road or driveway.
(7)
The Planning Board, upon recommendation of the Highway Superintendent,
may also designate curve radii for driveway intersections with the
street and may require special provisions to assure visibility.
E.
Commercial building layout and design guidelines. The standards listed
below are intended to establish an appropriate contextual character
for all new commercial, industrial, and multifamily residential development
within the Town of New Lebanon, including modification and/or expansion
of existing buildings and uses. New buildings are expected to respect
and complement the tradition of New Lebanon's rich history. The applicant
shall be expected during the Planning Board's site plan review, subdivision
approval or special use approval process to demonstrate the appropriateness
of the specific design and material elements selected to conform to
these design guidelines. During project development and review, attention
should be given to the compatibility of adjoining developments when
reviewing project proposals. It is not the intent to discourage contemporary
architectural expression but to preserve the integrity and authenticity
of the district and to ensure the compatibility of new structures
with existing.
(1)
The side of the building that provides frontage for the lot on which
the building is located should be aesthetically compatible with, but
not necessarily the same as, the surrounding area.
(2)
Parking areas should be located away from the road or behind structures.
(3)
Drive-up windows for any proposed or existing land use, where allowed
by lot configuration, should be placed at the rear of the building.
Adjacent properties shall be screened from any glare from vehicles
or building lights resulting from use of a drive-up window.
(4)
In order to control traffic, the Planning Board may require, where
appropriate, reductions in lane widths, use of shared access drives,
shared parking lots, and rear service road connections.
F.
Conservation subdivisions.
(1)
Permitted, accessory and special permit uses. Permitted, accessory
and special permit uses within a conservation subdivision shall be
the same as those otherwise allowed in the zoning district in which
the development is located.
(2)
Density. Except as authorized by the Planning Board pursuant to § 205-5D, the permitted number of dwelling units shall not exceed the number of units that would be permitted as calculated in conformance with § 205-7B(10).
(3)
Unit mix. The conservation subdivision design may include a mix of
single-family and multifamily dwellings as a means of achieving housing
diversity and preserving open space if such multifamily dwellings
are allowed in the district. Within the conservation subdivision,
the number of multifamily units shall be limited to not more than
1/3 of the total number of dwelling units.
G.
Short-term
rentals. A short-term rental that would include use or occupancy of
any existing or previous ADU shall not be permitted for a period of
three years from the date a final certificate of occupancy was issued
for such ADU. If a short-term rental is not occupied by the owner/operator,
the owner/operator shall provide the Zoning Enforcement Officer with
the name, telephone number, and email address of a contact person
who must reside within 20 miles of the property and who must be authorized
to act and receive notices and process on behalf of the owner/operator
with respect to the property. Updated contact information shall be
provided to the Zoning Enforcement Officer whenever the name, telephone
number, or email address of such contact person changes, and not less
than annually.
[Added 11-10-2020 by L.L. No. 3-2020; amended 8-8-2023 by L.L. No. 4-2023]
H.
Food trucks.
All food trucks shall comply with the following standards:
[Added 12-14-2021 by L.L. No. 4-2021]
(1)
The
size of a food truck shall not exceed 256 square feet, measured from
the exterior faces of the food truck.
(2)
The
minimum lot size on which one or more food trucks may operate is 1/2
acre.
(3)
Prior
to commencing food truck operations, the food truck operator shall
obtain and maintain a Columbia County Department of Health permit
where required, and shall operate the food truck in conformance with
all applicable Department of Health regulations.
(4)
Prior
to commencing food truck operations, the Code Enforcement Officer
shall conduct an inspection to determine compliance with all applicable
requirements under the New York State Uniform Fire Prevention and
Building Code.
(5)
Prior
to commencing food truck operations, the food truck operator shall
obtain the written consent of the property owner to conduct food truck
operations on such property. Such written consent shall be maintained
on-site at all times.
(6)
No food truck may operate on any property that remains in violation of any provision of this chapter, Chapter 81 of the Code of the Town of New Lebanon, or the New York State Uniform Fire Prevention and Building Code following the issuance of one or more notices of violation, stop-work orders, orders to remedy, appearance tickets, or other enforcement devices.
(7)
Nothing
in this chapter shall be construed as permitting operation of food
trucks on publicly owned property or on any public highway.
I.
Accessory dwelling units (ADUs).
[Added 8-8-2023 by L.L.
No. 4-2023]
(1)
In furtherance of allowing more efficient use of existing lots and buildings and to expand housing opportunities within Town, while maintaining the existing residential character of neighborhoods, the provisions of this Subsection I shall govern accessory dwelling units (ADUs) where permitted.
(2)
Notwithstanding anything to contrary contained within § 205-14 of this chapter, site plan review and approval shall be required prior to placement, construction, operation, use and occupancy of an ADU where the parcel on which the ADU is to be sited is less than twice the minimum lot size applicable within the district, except that site plan review and approval shall not be required where the ADU is to be located wholly within the existing footprint of the principal structure on the lot.
(3)
An ADU approved and operated in accordance with this Subsection I shall be considered an accessory use and shall not be considered an additional dwelling unit for purposes of calculating the density of the lot upon which it is located.
(4)
No more than one ADU shall be permitted on any lot.
(5)
An attached or detached ADU shall constitute an accessory structure
for purposes of determining compliance with the limit on the number
of accessory structures on a lot pursuant to § 205-7B(9)(c)[2][e].
(6)
An ADU may be constructed or installed concurrently with or after
construction of the principal dwelling on the lot upon receipt of
all applicable approvals therefor.
(7)
The living area of an ADU shall not exceed 50% of the living area
of the principal dwelling or 800 square feet, whichever is less.
(8)
The height of an ADU shall not exceed the average height of the principal
dwelling.
(10)
Where applicable, all towing devices, wheels, axles and hitches
shall be removed from the ADU.
(11)
Any ADU constructed or manufactured off-site shall remain detached
from the principal dwelling and any other structure on the lot.
(12)
An ADU may be included on an existing lot that does not otherwise
comply with the minimum lot size applicable within the district only
where the inclusion of the ADU does not create or increase any other
nonconformity on the lot with respect to applicable area and bulk
regulations.
(13)
An ADU on a lot of 4,000 square feet or larger shall not occupy
more than 15% of the total lot area; provided, however, that an ADU
built wholly within the footprint of an existing legal accessory structure
that exceeds this limit shall be permissible.
(14)
ADU setbacks.
(a)
Except as otherwise provided herein, all ADUs shall conform
in all respects to front, side, and rear yard setback requirements
applicable within the district.
(b)
Notwithstanding Subsection I(14)(a) above, an ADU may be constructed and operated within an existing lawful structure that does not conform to one or more setback requirements, or in a new structure that replaces an existing lawful structure that does not conform to one or more setback requirements provided that the new structure is constructed wholly within the footprint of the existing lawful structure.
(c)
Notwithstanding Subsection I(14)(a) above, an ADU that is attached to or constitutes an addition to a lawfully existing nonconforming structure shall not encroach any closer to lot lines or further into any required yards or setbacks than the lawfully existing nonconforming structure.
(d)
No ADUs, whether detached or attached, shall be permitted in
the front yard. For purposes of applying this provision, the location
of the front yard shall be determined without reference to any ADU.
(15)
In addition to the off-street parking spaces otherwise provided
for the principal structure, one off-street parking space shall be
provided for the ADU.
(16)
An ADU shall not be used as a short-term rental as defined and
regulated in this chapter for a period of three years from the date
a final certificate of occupancy is issued for the ADU.
(17)
Exterior stairs and fire escapes serving an above-grade ADU
shall not be located on the front of the principal structure or accessory
structure, except to the extent required by the New York State Uniform
Fire Prevention and Building Code.[2]
(18)
No building permit or zoning permit shall be issued for an ADU
until the proposed method of water supply and sewage disposal is approved.
(19)
An ADU shall comply with all applicable provisions of the New
York State Uniform Fire Prevention and Building Code.
A.
Off-street parking. Off-street parking space shall be required for
all buildings constructed after the effective date hereof, and no
off-street parking or loading area shall be constructed or provided
until a site plan describing such parking and loading improvements
has been approved by the Planning Board.
(1)
Each off-street parking space shall consist of at least 180 square
feet with a minimum width of eight feet.
(3)
The Planning Board shall determine reasonable and appropriate off-street
parking requirements based on the guidelines set forth below. The
number and layout of parking spaces shall be based on the need to
protect public safety and convenience while minimizing harm to the
character of the community and to environmental, historic and scenic
resources. Since businesses vary widely in their need for off-street
parking, it is most appropriate to establish parking requirements
based on the specific operational characteristics of the proposed
uses. In determining the parking requirements for any proposed use,
the Planning Board shall consider the maximum number of persons who
use the parking lot at times of peak usage. The recommended number
of spaces for off-street parking is detailed below. For structures
and uses which do not come within the following guidelines, the Planning
Board shall determine reasonable parking requirements, taking into
consideration all factors entering into the parking needs of each
such case as part of their site plan or special permit study and review.
(4)
Where practicable, all off-street parking shall be located to the
rear or side of the building and to the rear of the front building
line of the building it serves. Where it is not practicable to locate
off-street parking in this manner, the Planning Board may require
screening of such parking, such as with a stone wall, landscaped berm,
and/or landscaping sufficient to effectively screen from view the
automobiles parked therein when viewed from the street or walkway.
(5)
No improvement that is a part of any off-street parking facility
shall be located closer than five feet from any lot line exclusive
of any driveway providing access for such facility.
(6)
Parking shall not dominate any site when viewed from the street providing
frontage for such site. No off-street parking shall be located within
any required open space.
(7)
Large uninterrupted areas of parking stalls that significantly reduce
the continuity or quality of natural open space shall not be permitted.
Off-street parking shall be developed as small (6,000 square feet
to 12,000 square feet), well-distributed and landscaped areas, interconnected
by driveways and walkways that provide visual relief.
(8)
(9)
All off-street parking shall be graded and maintained to the extent
necessary to avoid nuisances of dust, erosion or excessive stormwater
flow onto or across walkways, streets or adjacent lands.
(10)
All off-street parking for more than five vehicles shall be
marked in accordance with generally accepted standards or applicable
regulations to identify individual parking stalls, maneuvering aisles,
pedestrian crossings, handicap spaces, entrances, exits, vehicle movement
and fire lanes.
(11)
Any off-street parking for 20 or more vehicles should provide
curbed planting islands or beds within the parking area equal in total
area to 15% of the total square footage of all stalls and aisles.
(12)
Guide to off-street parking.
[Amended 11-10-2020 by L.L. No. 3-2020]
|
Guide to Off-Street Parking
| |
|---|---|
|
Use
|
Spaces
|
|
Dwellings
|
1 space for each dwelling unit
|
|
Boardinghouse, tourist home, motel, hotel, short-term rental
|
1 space for each guest room
|
|
Administrative, professional nonprofit, governmental
|
1 space for each 200 square feet of floor space
|
|
Funeral home
|
10 spaces, plus space for all employee and resident personal
cars
|
|
Church or temple
|
1 space for each 5 seating spaces in the main assembly room
|
|
School: elementary, junior high
|
1 space for each teacher or employee
|
|
School: senior high
|
1 space for each classroom or office and 1 space for each 10
students
|
|
Theater or other place of assembly
|
1 space for each 5 seating spaces
|
|
Nursing or convalescent home
|
1 space for each 4 beds
|
|
Retail store or bank
|
1 space for each 50 square feet of floor space devoted to customer
use
|
|
Clubs and restaurants
|
1 space for each 4 seating spaces
|
|
Bowling alley
|
5 spaces for each alley
|
|
Industrial or manufacturing
|
1 space for each 2 employees on the maximum working shift
|
|
Skating rink or dance hall
|
1 space for each 100 square feet of floor space
|
|
Automobile racing facility
|
1 space for each 3 seating spaces
|
|
Barbershop or beauty parlor
|
1 space per chair
|
|
Cleaner or tailor
|
2 spaces for establishment plus space for all employees
|
|
Professional offices
|
Adequate spaces for customers/personnel
|
|
All other uses
|
Same as for professional office
|
B.
Off-street parking landscaping.
(1)
All parking lots for more than 10 cars shall be landscaped. Any planting
bed located within a parking lot should contain at least one tree
and such other plant materials as are recommended by a landscape design
professional, architect or engineer for such location for purposes
of establishing vertical interruption and definition to vehicular
movement.
(2)
Any required street parkway or median should include trees, shrubs,
ground cover and grass as appropriate to minimize impervious materials
and to provide definition for any walkway contained therein.
C.
All open parking areas shall be properly drained.
D.
Required parking spaces may be provided in areas designed to jointly
serve two or more establishments, whether or not located on the same
lot, and the number of required spaces in such joint facilities shall
not be less than the total required for all such establishments.
E.
When any lot contains two or more uses having differing parking requirements,
the parking requirements for each use shall apply to the extent of
that use. Where it can be conclusively demonstrated that one or more
such uses will be generating a demand for parking spaces primarily
during periods when the other use or uses is not or are not in operation,
the Planning Board may reduce the total number of parking spaces required
for that use with the least requirement.
F.
Lighting in parking lots. The Planning Board may require that lighting
in parking lots be extinguished within one hour of the end of closing.
Building security lights on motion detector switches are acceptable.
Parking areas in which lights are necessary all night shall be lighted
in a manner that does not result in glare to adjacent residential
properties or cause traffic hazards due to glare.
G.
Future parking. The Planning Board may require that an applicant
set aside additional land to meet potential future parking needs.
Such land may remain in its natural state or be landscaped but may
not be used in a manner that would prevent it from being used for
parking in the future.
H.
Shared parking. When feasible, all parking areas should be designed
to allow linkages to adjacent developments to promote efficient traffic
flow and encourage shared parking areas to reduce the use of land
for parking and development costs and impacts associated with impervious
surfaces. Internal areas between buildings in a development should
incorporate shared parking areas. In cases where two or more developments
are adjacent, the Planning Board may require cross-access easements
between adjacent parking lots to provide for interconnected parking
and to facilitate traffic and control access on the main road. Shared
parking facilities are encouraged.
I.
Floor areas for the purposes of computing parking requirements shall
be the sum of the horizontal area within exterior walls of the several
floors of the building, excluding basement, cellar and attic areas
used primarily for storage or service.
J.
Off-street loading. At least one off-street loading facility shall
be provided for each commercial or industrial establishment hereafter
erected or substantially altered. Space for off-street loading shall
be in addition to space for off-street parking. Such space shall not
be less than 12 feet wide, 33 feet long and 14 feet in height when
covered. Loading docks shall be placed behind or on the side of buildings
in visually unobtrusive locations. Screening and landscaping shall
prevent glare, noise, or exhaust fumes and shall prevent direct views
of the loading areas from the public rights-of-way. Screening can
also be achieved through use of walls or fences.
A.
Continuation. A nonconforming use, building or structure that existed
lawfully at the time of enactment of this chapter or amendment thereto
may be continued, subject to the regulations that follow in this section.
In order to constitute a lawful nonconforming use, the use must be
active at the time of the enactment of this chapter or the amendment
thereto.
B.
Restoration. A nonconforming building, or a building or structure
devoted to a nonconforming use, destroyed or damaged by fire, wind,
explosion, structural failure or other natural causes may be repaired
or rebuilt to its original exterior dimensions. The restoration of
said building must be initiated within one year of the date of destruction
or damage.
C.
Nonconforming use.
(1)
Extension, expansion, alteration. The nonconforming use of the land
shall not be enlarged or extended beyond the size of the use or the
area of land occupied by such use at the time of the adoption of this
chapter or amendment thereto. A nonconforming use of land may not
be moved in whole or in part to any other portion of the lot or parcel
of land occupied by such nonconforming use at the time of adoption
of this chapter.
(2)
Changes. A nonconforming use of a building or land may not be changed
except to a conforming use. When so changed, the nonconforming use
may not be resumed thereafter.
(3)
Discontinuance. A nonconforming use of land, buildings or structures,
or a portion thereof, which has been abandoned or discontinued for
a period of 12 consecutive months shall not be reestablished, and
any subsequent use shall conform to the use regulations of the district
in which the premises are located.
D.
Nonconforming buildings.
(1)
Additions. A nonconforming building may be added to or enlarged so long as the addition does not make the building any more nonconforming, except as provided in Subsection D(3) of this section.
(2)
Alterations and repairs. Maintenance and repairs required to keep
a nonconforming building or structure in sound condition shall be
permitted. However, no structural alterations shall be made to a nonconforming
building or structure, unless such alterations are required by law.
(3)
Additions and alterations that would make a nonconforming building more nonconforming can be made only upon grant of an area variance pursuant to § 205-12. In considering an application for an area variance from the owner of a nonconforming building, the ZBA[1] shall consider the extent, nature and impact of the nonconforming aspects of the existing building as well as those related to the proposed enlargement pursuant to § 205-12C(3).
[1]
Editor's Note: The Zoning Board of Appeals.
A.
Zoning Enforcement Officer.
(1)
The provisions of this chapter shall be administered and enforced by a person designated by the Town Board as the Zoning Enforcement Officer, who shall have the power to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. No zoning permit or certificate of occupancy required hereunder shall be issued by the Zoning Enforcement Officer except in compliance with the provisions of this chapter or as directed by the Board of Appeals under the provisions of § 205-12.
(2)
The Zoning Enforcement Officer shall submit a monthly report which
includes a list of all permits issued or denied, as well as a complete
list of all cases which are, as of the report date, pending further
action, to the Town Board, Planning Board and Zoning Board of Appeals.
Said report shall be submitted on a form promulgated by the Town Board
in cooperation with the Planning Board and Zoning Board of Appeals.
(3)
The Zoning Enforcement Officer and the Deputy Zoning Enforcement
Officer, if the Town Board appoints a deputy, shall be appointed by
the Town Board and shall receive such compensation as such Board shall
determine.
(4)
Should the Zoning Enforcement Officer or deputy be in doubt as to
the meaning or intent of any provision of this chapter or as to the
location of any district boundary line on the Zoning Map or as to
the propriety of issuing a zoning permit or a permit of occupancy
in a particular case related to the provisions of this chapter, he
shall address the matter to the Board of Appeals for interpretation.
B.
Zoning permit.
(1)
No building shall be erected, moved, structurally altered, added
to or enlarged, no land use activity or buildings shall be established
or changed and no excavation for any building shall begin unless and
until a zoning permit has been issued by the Zoning Enforcement Officer.
[Amended 7-11-2017 by L.L. No. 2-2017]
(2)
Applications for zoning permits shall be submitted on a form or forms
provided by the Zoning Enforcement Officer. The Planning Board, Assessor
and Town Clerk shall maintain copies of all permits issued. Each application
shall set forth the purpose for which the building or land is intended
to be used and shall be accompanied by a plot plan showing the dimensions
of the lot and building and dimensions of required and proposed yards.
The Zoning Enforcement Officer may require additional information
other than that called for on the application form, as may reasonably
be needed for him to determine if the proposed building, its use and
the use of the land are in conformity with the provisions of this
chapter.
(3)
If the Zoning Enforcement Officer or deputy should mistakenly issue
a zoning permit which violates the provisions or this chapter, such
zoning permit shall be invalid.
(4)
Fees. Each application for a zoning permit shall be accompanied by
a fee in accordance with the fee schedule set by the Town Board by
resolution.
C.
Certificate of zoning compliance. A certificate of zoning compliance
may be obtained from the Zoning Enforcement Officer. Such certificate
shall be issued only if the proposed use of the building or land conforms
to the provisions of this chapter. The Zoning Enforcement Officer
shall make an inspection of each building or lot for which a zoning
compliance certificate has been applied for before issuing such certificate.
Such inspection shall be made within 10 business days from the date
of application. Failure to make such inspection and determination
within the specified period of time shall be deemed to be approval
of the application for a certificate of zoning compliance.
D.
Violations and penalties.
(1)
Complaints.
[Amended 7-14-2020 by L.L. No. 1-2020]
(a)
Any person may file a written complaint regarding a violation
of this chapter with the Zoning Enforcement Officer.
(b)
Within 10 days of the filing of a written complaint, the Zoning
Enforcement Officer shall, in writing addressed to the complainant,
acknowledge receipt of the complaint, provided that the complainant
has provided his or her mailing address to the Zoning Enforcement
Officer at the time of the filing of the complaint.
(c)
All such filed written complaints shall be investigated by the
Zoning Enforcement Officer and a report prepared thereon and action
instituted where appropriate within 30 business days.
(2)
Procedure with respect to violations.
(a)
Where a violation of this chapter is determined to exist, the
Zoning Enforcement Officer shall serve notice by certified mail, return
receipt requested, on the owner, agent or contractor of the building,
structure, or lot where such violation has been committed or exists,
and on the lessee or tenant of the part of or of the entire building,
structure or lot where such violation has been committed or exists;
and on the agent, architect, contractor or any other such person who
takes part or assists in such violation or who maintains any building,
structure or lot in which any such violation exists.
(b)
Such notice will require the removal of the violation within
30 days after the service of the notice.
[Amended 7-11-2017 by L.L. No. 2-2017]
(c)
In such cases where the removal of the violation within the
30 days would be manifestly impossible, the Zoning Enforcement Officer
shall apply to the Town Board for a determination as to a reasonable
period of time within which such violation shall be removed.
[Amended 7-11-2017 by L.L. No. 2-2017]
(d)
If those persons notified shall fail to remove such violation
within the allotted time period, the Zoning Enforcement Officer shall
charge them with such violation of this chapter.
(e)
The Zoning Enforcement Officer is hereby given the authority
to issue appearance tickets directing any such person to appear in
the Justice Court of the Town of New Lebanon at a designated future
time in connection with that person's alleged commission of a violation
of this chapter.
(3)
Penalties.
(a)
A person or corporation, whether as owner, lessee, agent or
employee, who violates any of the provisions of this chapter or who
fails to comply with any order or regulation made thereunder, or who
erects, alters, moves or uses any building or uses any land in violation
of any statements or plans submitted by him and approved under the
provisions of this chapter, shall be guilty of an offense and upon
conviction shall be punished by a fine not exceeding $350 or imprisonment
not to exceed six months, or both, for a conviction of a first offense
in accordance with the provisions of Article 16 of the Town Law, § 268,
and amendments thereto, and any other article relating thereto. The
penalty for a conviction of a second offense, both of which were committed
within a period of five years, is punishable by a fine not less than
$350 nor more than $700 or imprisonment for a period not to exceed
six months, or both; and upon conviction for a third or subsequent
offense, all of which were committed within a period of five years,
punishable by a fine not less than $700 or more than $1,000 or imprisonment
for a period not to exceed six months, or both. Each week's continued
violation shall constitute a separate additional violation.
(b)
In case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained or any building, structure or land
is used in violation of this chapter, the proper local authorities
of the Town, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or use, to restrain,
correct or abate such violation to prevent the occupancy of said building,
structure or land, or to prevent any illegal act, conduct, business
or use in or about such building, structure or land.
(c)
If the Zoning Enforcement Officer fails or refuses to act upon
or to refer a violation of this chapter to the Town Attorney for legal
action in accordance with the provisions contained herein within a
thirty-calendar-day period following written request by any resident
or property owner to so proceed, then any three or more residents
of the Town of New Lebanon, who are jointly or severally aggrieved
by such violation, may institute appropriate legal action in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of this chapter.
A.
Creation, appointment and organization.
(1)
A
Zoning Board of Appeals is hereby established in accordance with Article
16, § 267, of the Town Law. It shall consist of five members,
each to serve for a term of five years. The term of office of the
members of the Board of Appeals and the manner of their appointment
shall be in accordance with the provisions of Article 16, § 267,
of the Town Law. Vacancies occurring in said Board shall be filled
for such unexpired period only.
(2)
The
Zoning Board of Appeals shall have the duties, rights, powers and
functions conferred upon it by §§ 267, 267-a and 267-b
of Article 16 of the Town Law and any other provisions of the Town
Law and any other provisions of law or local law applicable thereto,
including the following.
B.
Procedure.
(1)
Meetings; minutes; records. Meetings of the Zoning Board of Appeals
shall be open to the public to the extent provided in Article 7 of
the Public Officers Law. The Zoning Board of Appeals shall keep minutes
of its proceedings, showing the vote of each member upon every question,
or, if absent or failing to vote, indicating such fact, and shall
also keep records of its examinations and other official actions.
(2)
Filing requirements. Every rule, regulation, every amendment or repeal
thereof, and every order, requirement, decision or determination of
the Zoning Board of Appeals shall be filed in the office of the Town
Clerk within five business days and shall be a public record.
(3)
Assistance to Zoning Board of Appeals. Such Board shall have the
authority to call upon any department, agency or employee of the Town
for such assistance as shall be deemed necessary and as shall be authorized
by the Town Board. Such department, agency or employee may be reimbursed
for any expenses incurred as a result of such assistance.
(4)
Hearing appeals. The jurisdiction of the Zoning Board of Appeals
shall be appellate and shall include hearing and deciding appeals
from and reviewing any order, requirement, decision, interpretation,
or determination made by the Zoning Enforcement Officer. An appeal
may be taken by any person aggrieved or by an officer, department,
board or bureau of the Town.
[Amended 12-14-2021 by L.L. No. 4-2021]
(5)
Filing of administrative decision and time of appeal.
(a)
Each order, requirement, decision, interpretation or determination
of the Zoning Enforcement Officer shall be filed in the office of
the Town Clerk, within five business days from the day it is rendered,
and shall be a public record.
(b)
An appeal shall be taken within 60 days after the filing of
any order, requirement, decision, interpretation or determination
of the Zoning Enforcement Officer, by filing with such officer and
with the Zoning Board of Appeals a notice of appeal, specifying the
grounds thereof and the relief sought. The Zoning Enforcement Officer
shall transmit to the Zoning Board of Appeals all the papers constituting
the record upon which the action appealed from was taken.
(6)
Stay upon appeal. An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the Zoning Enforcement Officer
certifies to the Zoning Board of Appeals, after the notice of appeal
shall have been filed with the Zoning Board of Appeals, that by reason
of facts stated in the certificate a stay would, in his or her opinion,
cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Zoning Board of Appeals or by a court of record
on application, on notice to the administrative official from whom
the appeal is taken and on due cause shown.
(7)
Hearing on appeal. The Zoning Board of Appeals shall fix a reasonable
time for the hearing of the appeal or other matter referred to it
and give public notice of such hearing by publication in a paper of
general circulation in the Town at least five days prior to the date
thereof. The cost of sending or publishing any notices relating to
such appeal, or a reasonable fee relating thereto, shall be borne
by the appealing party and shall be paid to the Board prior to the
hearing of such appeal. Upon the hearing, any party may appear in
person or by agent or attorney. In addition to the public notice of
a hearing, notice shall be given in writing to all property owners
of the land included in such proposed change and the land immediately
adjacent extending 100 feet therefrom and the land directly opposite
thereto extending 100 feet from the street or highway frontage of
such opposite land, as said property owners and addresses appear on
the latest completed assessment roll of the Town. At the hearing,
any party may appear in person or by agent or by attorney.
(8)
Decision. The Zoning Board of Appeals may reverse or affirm, wholly
or partly, or may modify the order, requirement, decision or determination
appealed from and shall make such order, requirement, decision or
determination as in its opinion ought to be made in the premises and
to that end shall have all the powers of the officer from whom the
appeal is taken.
(9)
The Zoning Board of Appeals shall decide upon the appeal within 62
days after the close of said hearing. The time within which the Board
of Appeals must render its decision may be extended by mutual consent
of the applicant and the Board.
(10)
Filing of decision and notice. The decision of the Zoning Board
of Appeals on the appeal shall be filed in the office of the Town
Clerk within five business days after the day such decision is rendered,
and a copy thereof mailed to the applicant.
(11)
Notice to County Planning Board. At least five days before such
hearing, the Zoning Board of Appeals shall mail notices thereof to
the County Planning Board as required by § 239-m of the
General Municipal Law, which notice shall be accompanied by a full
statement of the proposed action, as defined in Subdivision 1 of § 239-m
of the General Municipal Law.
(12)
Compliance with State Environmental Quality Review Act. The
Zoning Board of Appeals shall comply with the provisions of the State
Environmental Quality Review Act (Article 8 of the Environmental Conservation
Law) and its implementing regulations as codified in Title 6, Part
617, of the New York Codes, Rules and Regulations.
(13)
Rehearing. A motion for the Zoning Board of Appeals to hold
a rehearing to review any order, decision or determination of the
Board not previously reheard may be made by any member of the Board.
A unanimous vote of all members of the Board then present is required
for such rehearing to occur. Such rehearing is subject to the same
notice provisions as an original hearing. Upon such rehearing, the
Board may reverse, modify or annul its original order, decision or
determination upon the unanimous vote of all members then present,
provided that the Board finds that the rights vested in persons acting
in good faith in reliance upon the reheard order, decision or determination
will not be prejudiced thereby.
(14)
Voting requirements.
(a)
Decision of the Board. Except as required by Subsection B(13), every motion or resolution of the Zoning Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members as fully constituted regardless of vacancies or absences. Where an action is the subject of a referral to the county planning agency, the voting provisions of § 239-m of the General Municipal Law shall apply.
(b)
Default denial of appeal. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Board is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the Zoning Enforcement Officer within the time allowed by Subsection B(9), the appeal is denied. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to the rehearing process as set forth in Subsection B(13) of this section.
C.
Permitted action by Zoning Board of Appeals.
(1)
Orders; requirements; decisions; interpretations; determinations.
The Zoning Board of Appeals may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, interpretation or
determination appealed from and shall make such order, requirement,
decision, interpretation or determination as in its opinion ought
to have been made in the matter by the Zoning Enforcement Officer
and to that end shall have all the powers of the Zoning Enforcement
Officer.
(2)
Use variances.
(a)
The Zoning Board of Appeals, on appeal from the decision or
determination of the administrative official charged with the enforcement
of such ordinance or local law, shall have the power to grant use
variances, as defined herein.
(b)
No such use variance shall be granted without a showing by the
applicant that applicable zoning regulations and restrictions have
caused unnecessary hardship. In order to prove such unnecessary hardship,
the applicant shall demonstrate to the Board of Appeals that for each
and every permitted use under the zoning regulations for the particular
district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
[2]
That the alleged hardship relating to the property in question
is unique and does not apply to a substantial portion of the district
or neighborhood;
[3]
That the requested use variance, if granted, will not alter
the essential character of the neighborhood;
[4]
That the alleged hardship has not been self-created; and
[5]
Such other additional or different demonstrations that may be
prescribed by § 267-b of the Town Law, as it may be amended
from time to time.
(c)
The Zoning Board of Appeals, in granting use variances, shall
grant the minimum variance that it deems necessary and adequate to
address the hardship proven by the applicant and at the same time
preserve and protect the character of the neighborhood and the health,
safety and welfare of the community.
(3)
Area variances.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal
from a decision or determination of the administrative official charged
with the enforcement of such ordinance or local law, to grant area
variances as defined herein.
(b)
In making its determination, the Zoning Board of Appeals shall
take into consideration the benefit to the applicant if the variance
is granted, as weighed against the detriment to the health, safety
and welfare of the neighborhood or community by such grant. In making
such determination, the Zoning Board of Appeals shall also consider:
[1]
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district;
[5]
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals but
shall not necessarily preclude the granting of the area variance;
and
[6]
Such other additional or different considerations that may be
prescribed by § 267-b of the Town Law, as it may be amended
from time to time.
(c)
The Zoning Board of Appeals, in the granting of area variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
D.
Imposition of conditions. The Zoning Board of Appeals, in granting
use and area variances, shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed use of the property. Such conditions shall be consistent
with the spirit and intent of the Zoning Law and shall be imposed
for the purpose of minimizing any adverse impact such variance may
have on the neighborhood or community.
[Amended 12-14-2021 by L.L. No. 4-2021]
A.
General provisions.
(1)
New Lebanon is a culturally, economically, socially and architecturally
diverse community. The Planning Board shall consider this diversity
in imposing conditions on special permits and shall not impose specific
requirements concerning the exterior aesthetics of the structures
being reviewed, except as required to achieve compliance with the
performance standards of this section and the height, areas, size,
setbacks and all other minimum and maximum limitations as detailed
in this chapter.
[Amended 12-14-2021 by L.L. No. 4-2021]
(2)
Reviewing agency. Special use permit applications shall be made to, and decided by, the Planning Board. (As used in this § 205-13, the term "Board" refers to the Planning Board.)
[Amended 12-14-2021 by L.L. No. 4-2021]
(3)
All uses allowed subject to special use permits are hereby declared
to possess characteristics of such unique and special forms that each
specific use shall be considered an individual case. Special permit
uses are specifically declared to be allowed within the district in
which they are located, provided that the Board makes a written finding
that the individual case meets the special use permit standards of
this section. The Board shall not issue a permit to allow any use
subject to the special use permit provisions of this section unless
the Board first finds that the use, as proposed, will be in compliance
with the standards set forth in this section.
(4)
For uses requiring a special use permit, no building permit or certificate of occupancy shall be issued by the Building Inspector until such use has been approved by the Board as provided herein. No premises shall be occupied or used and no certificate of occupancy shall be issued until all of the requirements of this section and all conditions of the special use permit have been complied with. To the greatest extent practicable, the Planning Board shall conduct special permit review and site plan review concurrently where, pursuant to the Use Table, both a special use permit and site plan review pursuant to § 205-14 are required.[1]
[Amended 11-10-2020 by L.L. No. 3-2020]
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
(5)
Violations. No special use permit approval shall be issued for any
use or construction where there is on the subject property an existing
violation of the Zoning Law. Further, upon written report or receipt
of a notice from the Building Inspector of violation or order to cease
and desist, the Board shall not review, hold public meetings or public
hearings and shall take no action regarding an application for special
use permit approval until notified by the Building Inspector that
such violation has been cured or ceased by the applicant. However,
the Board may, upon written recommendation of the Building Inspector,
review and act on an application involving property for which there
is a violation where such application is a plan to cure the violation
and bring the property or use of the property into compliance with
this chapter.
B.
Special use performance standards. In granting any special use permit,
the Board shall take into consideration the public health, safety
and general welfare and the comfort and convenience of the public,
in general, and of the immediate neighborhood, in particular. The
Board shall consider whether aspects of the proposed use are subject
to regulation by other levels of government and whether compliance
with such regulations is adequate to protect the public health, safety,
and general welfare and the comfort and convenience of the public.
The Board may require modifications to development proposals, submission
of alternative design and layout proposals, and may attach reasonable
conditions and safeguards to eliminate or minimize potential impacts
as a precondition of its approval. Before making a decision on whether
to approve, approve with modifications, or disapprove a special use
permit, the Board shall give specific consideration to the following:
(1)
Fire and explosion hazards. All activities involving the storage
of flammable and explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion. Methods of
prevention and suppression of these hazards shall be approved by the
local officials responsible for fire prevention and public safety.
(2)
Radioactivity or electrical disturbance. No activities shall be permitted
that emit radioactivity or electrical disturbance that will jeopardize
the health of adjacent residents and properties or property or otherwise
adversely affect the operation of any equipment other than that on
the premises.
(3)
Noise. The maximum noise level at the property line applicable to
the use involved shall not exceed 70 dB as measured in accord with
the procedure specified by the American National Standards Institute.
(4)
Vibration. No vibration shall be permitted which is detectable, other
than by instrument, at the property line.
(5)
Glare. No direct or reflective glare from any lighting or process
shall be permitted where such will interfere with traffic safety or
the useful enjoyment of adjoining properties.
(6)
Smoke. No emission shall be permitted of a shade equal to or darker
than Ringelmann Smoke Chart No. 2.
(7)
Odors. No emission of noxious gases or other matter shall be permitted
in a quantity or of a type that permits it to be detectable, other
than by instrument, at the property line.
(8)
Other forms of air pollution. No emission of fly ash, dust, smoke,
vapors, gases or other forms of air pollution, including construction-related
dust and odors, shall be permitted which can jeopardize human health,
animal or vegetable life or which otherwise contributes to the deterioration
of or detracts from adjacent properties, provided that for specific
air pollutants that are regulated under federal or state law, compliance
with all such applicable laws, regulations and/or permits issued thereunder
shall constitute compliance with this performance standard.
(9)
Discharge of water. No polluting or objectionable waste shall be
discharged into any stream or other natural drainage channel or upon
the land that will in any way interfere with the quality, operation
or continuation of these natural systems or contribute to their despoliation.
(10)
Traffic access. All proposed traffic accessways shall be adequate
but not excessive in number, adequate in width, grade and alignment
and visibility, and sufficiently separated from street intersections
and places of public assembly and shall meet other similar safety
considerations.
(11)
Parking. Adequate off-street parking and loading spaces shall
be provided in accordance with this chapter to prevent parking in
public streets of the vehicles of any persons connected with or visiting
the use. Shared parking is encouraged where the peak parking demands
of different uses occur at various times of the day. Use of a widely
accepted means of projecting demand for shared use, such as the Urban
Land Institute's shared parking report, shall be employed to demonstrate
shared parking effects.
(12)
Circulation. The interior circulation system shall be adequate
to provide safe accessibility to all required off-street parking and
to provide for the convenience and safety of vehicular, pedestrian,
and bicycle movement within the site and in relation to adjacent areas
or roads.
(13)
Landscaping and screening. All parking and service areas shall
be reasonably screened at all seasons of the year from the view of
adjacent residential lots and streets, and the general landscaping
of the site shall be in character with that generally prevailing in
the neighborhood. Existing trees shall be preserved to the maximum
extent practical.
(14)
Character. New Lebanon is a culturally, economically, socially,
and architecturally diverse community. The Board shall consider this
diversity in making conditions on special use permits. The character
of the proposed use, buildings, structures, outdoor signs and lighting
shall be in general harmony with the character of the surrounding
neighborhood and of the Town of New Lebanon.
(15)
Historic and natural resources. The proposed use shall be designed
and shall be carried out in a manner that protects historic and natural
environmental features on the site under review and in adjacent areas.
(16)
Sewage treatment and water supply. The adequacy of available
sewage disposal and water supply services supporting the proposed
activity or use shall be sufficient to meet the needs of the proposed
activity or use.
(17)
Emergency services. All proposed buildings, structures, equipment
and/or material shall be readily accessible for fire, police, and
other emergency service protection.
(18)
Size and scale. The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
with the use, the size of the site in relation to the use, its site
layout and its relation to existing and future access streets shall
be such that both pedestrian and vehicular traffic will not be hazardous
or inconvenient to or incongruous with said residence district or
conflict with the normal traffic of the neighborhood.
(19)
Additional safeguards and conditions. The Board shall impose
additional conditions and safeguards upon the special use permit as
may be reasonably necessary to assure continual conformance to all
applicable standards and requirements, including reasonable assurance
that these conditions and safeguards can be responsibly monitored
and enforced.
C.
Application requirements, review procedures and decision schedule.
(1)
Applications.
(a)
Applications for special use permits shall be in writing and on forms and in such quantity as may be prescribed by the Board, which forms at a minimum shall require the applicant to show, respectively, for each of the 19 performance standards set forth in Subsection B above, how the proposed use meets the standard or why the standard is not applicable to the proposed use.
(b)
The application shall be accompanied by an environmental assessment
form and all necessary documentation to comply with SEQRA.
(c)
An application for a special use permit shall contain an agricultural
data statement if any portion of the proposed use is located on property
within an agricultural district containing a farm operation or other
property with boundaries within 500 feet of a farm operation located
in an agricultural district. The agricultural data statement shall
contain the name and address of the applicant; a description of the
proposed project and its location; the name and address of any owner
of land within the agricultural district which contains farm property
upon which the project is proposed; and a Tax Map or other map showing
the site of the proposed project relative to the location of farm
operations identified in the agricultural data statement.
(d)
Prior to submittal of an application for a special use permit
approval, applicants are encouraged to meet with the Zoning Enforcement
Officer to review the proposed application and obtain a clear understanding
of the application requirements and the requirements of the Town Zoning
Law. Although not required, applicants are encouraged to commence
discussions with the owners of land abutting or in proximity to the
project site to ascertain local concerns and local development issues
early in the project design process.
(e)
Fees and costs. An application for a special use permit shall
be accompanied by payment of an application fee as set by the Town
Board. The application fee is in addition to any required escrow fees,
and does not cover the cost of environmental review. The applicant
shall be responsible for the total cost of environmental reviews that
are determined to be necessary to meet the requirements of the State
Environmental Quality Review Act (SEQRA). If the Board requires professional
review of the application by a private planning, engineering, legal
or other consultants, or if it incurs other extraordinary expense
to review documents or conduct special studies in connection with
the application, reasonable fees shall be paid for by the applicant
and an escrow deposit will be required.
(2)
Procedures.
(a)
Within five business days of receipt of an application, the
Planning and Zoning Clerk will determine if the filing includes the
required number of copies and all required accompanying documents.
The Clerk will notify the applicant if copies or documents are missing.
Properly filed applications will be forwarded to the Planning Board.
(b)
Provided that a properly filed application has been received
by the Clerk at least 10 business days prior to the next regularly
scheduled meeting, at such meeting the Board shall review the application
contents and determine if the application is complete. If deemed incomplete,
the Board shall notify the applicant within five business days in
writing of the application's deficiencies. No application shall be
deemed complete until a determination of no significance has been
made pursuant to SEQRA or until a draft environmental impact statement
has been accepted by the lead agency.
[Amended 12-14-2021 by L.L. No. 4-2021]
(c)
Within 62 days of receipt of a complete application, the Board
shall hold a public hearing. Notice of the public hearing shall be
published in the official newspaper at least 10 days prior to the
date set for public hearing. In addition, not less than 10 days before
the date of the hearing (not counting the date of the hearing), written
notice of the public hearing shall be mailed to the owners of all
property abutting the exterior boundaries of the land involved in
the application and to all other landowners having property located
within 300 feet of the exterior boundaries of the land involved in
the application, as the names of said owners appear on the last completed
assessment roll of the Town. The notice shall include the name of
the project, the location of the project site, and the date, place,
time and subject of the public hearing at which the site plan will
be reviewed. If an application for a special use permit contains an
agricultural data statement, written notice of such application, including
a description of the proposed project and its location, shall be mailed
to the owners of land as identified by the applicant in the agricultural
data statement. At least 10 days before such hearing, the Board shall
mail notices thereof to the County Planning Board as required by § 239-m
of the General Municipal Law.
(d)
Time of decision. The Board shall grant or deny the special
use permit application within 62 days after the close of the public
hearing, subject to compliance with the requirements of SEQRA and
General Municipal Law § 239-m. In rendering its decision
the Board shall grant, deny or grant with modifications and conditions
the special use permit. The time within which the Board must render
its decision may be extended by mutual consent of the applicant and
the Board. The decision of the Board shall be filed in the office
of the Town Clerk within five business days of the date such decision
is rendered, and a copy thereof shall be mailed to the applicant.
D.
Expiration. A special use permit shall be deemed to authorize only
the particular special use or uses permitted in any district and shall
expire if:
(1)
Where the special use involves construction requiring a building
permit, the building permit application has not been filed within
90 days of the date the special use permit was granted, or construction
has not been commenced within one year and has not been completed
within two years of the date special use permit approval is granted.
(2)
If no construction is involved, approval shall expire if the use
or uses have not been commenced within one year of the date special
use permit approval is granted.
(3)
The special use or uses shall have ceased for more than 12 consecutive
months.
E.
Prescribed standards for certain special permit uses. In addition
to all other applicable requirements, uses for which a special permit
is required shall meet the requirements set forth below:
(1)
Short-term rental.
[Amended 7-14-2020 by L.L. No. 1-2020; 11-10-2020 by L.L. No. 3-2020]
(a)
Short-term rentals shall be established, maintained and operated
so as to preserve and complement the character and integrity of the
surrounding area.
(b)
If the short-term rental is not occupied by the owner/operator,
the owner/operator shall provide the Zoning Enforcement Officer with
the name, telephone number, and email address of a contact person
who must reside within 20 miles of the property and who must be authorized
to act and receive notices and process on behalf of the owner/operator
with respect to the property. Updated contact information shall be
provided to the Zoning Enforcement Officer whenever the name, telephone
number, or email address of such contact person changes, and not less
than annually.
(c)
No special use permit shall be issued for a short-term rental that
would include use or occupancy of any existing or previous ADU during
a period of three years from the date a final certificate of occupancy
was issued for such ADU.
[Added 8-8-2023 by L.L. No. 4-2023]
(2)
Boardinghouse.
[Amended 7-14-2020 by L.L. No. 1-2020]
(a)
In addition to meeting the minimum lot size requirements for
the district within which it is located, there shall be a minimum
of 5,000 square feet on the lot per room designated as sleeping accommodation
for boarders, as well as 5,000 square feet for the family residing
on the lot.[2]
[2]
Editor's Note: Former Subsection E(2)(b), regarding standards
prescribed for bed-and-breakfast uses, parking standards, and outdoor
lighting standards, which immediately followed this subsection, was
repealed 11-10-2020 by L.L. No. 3-2020.
(4)
Commercial excavation.
(a)
Mining operations may be subject to the Mined Land Reclamation
Law (ECL Article 23, Title 27).[4] In addition to meeting the requirements below, the granting
of a special permit for any mining operation for which more than 1,000
tons of materials will be removed from the earth within 12 successive
calendar months will be contingent upon the applicant obtaining a
mining permit from the New York State Department of Environmental
Conservation.
[4]
Editor's Note: See § 23-2701 et seq. of the Environmental
Conservation Law.
(b)
The Board, in granting any such special use permit, may impose
reasonable conditions as allowed under the Mined Land Reclamation
Law (ECL Article 23, Title 27), including conditions related to the
following:
[1]
Ingress and egress to public roads controlled by the Town of
New Lebanon.
[2]
Routing trucks on roads controlled by the Town of New Lebanon.
[3]
Conditions in DEC's mining permit relating to setbacks, dust
control, hours of operation.
[4]
Enforcement of the reclamation requirements in DEC's mining
permit.
(c)
A security or bond in a dollar amount to be determined by the
Board to be sufficient to guarantee fulfillment of conditions imposed
shall be posted.
(d)
No such permit shall be issued except upon written application.
Such application shall include a diagram to scale of the land concerned,
indicating existing and proposed elevations in the area to be excavated
and stating the ownership and boundaries of the land for which such
permit is sought, the names of all adjoining locations of existing
and private ways nearest such land.
(e)
An applicant for a permit issued pursuant to Title 27 of Article
23 of the Environmental Conservation Law (or a successor statute)
shall provide a copy of its application and supporting documents to
the Board at the time its application is filed with DEC. The Board
shall participate in DEC's mining permit process and shall advise
DEC about the following issues:
[1]
The appropriate setbacks from roads and property boundaries.
There shall be a two-hundred-foot setback from all road and property
lines.
[2]
The location and design of barriers to restrict access to the
mine. Barriers shall be placed in first 200 feet and may only remove
or alter the landscape/vegetation to the minimum extent necessary
to create an entrance/exit for the operation. All entrance and exits
shall ensure a safe line of site for trucks and other traffic.
[3]
Dust-control issues.
[4]
Hours of operation. Hours shall be from 7:00 a.m. to 5:00 p.m.
only.
[5]
Whether mining is prohibited in that location.
[6]
Potentially significant environmental impacts.
(5)
Day-care centers.
(a)
There shall be not more than one child for every 1,500 square
feet of lot area.
(b)
All buildings, structures, and areas of organized activity,
such as play areas, swimming pools, etc., shall be not less than 75
feet from any property line.
(c)
Off-street parking areas shall be not less than 50 feet from
any property line.
(d)
Outdoor floodlighting or public address systems are prohibited.
(6)
Flea markets and farmers' markets.
[Amended 7-14-2020 by L.L. No. 1-2020; 8-8-2023 by L.L. No. 4-2023]
(a)
Flea markets and farmers' markets may be permitted only in General
Commercial and Commercial-Recreational zoning districts.
(b)
Seventy percent of flea market or farmers' markets area must
be reserved for parking.
(c)
Sanitary facilities shall be provided by the owner on site.
(d)
There shall be no on-street parking.
(e)
All access to Routes 20 and/or 22 shall have New York State
Department of Transportation approval.
(7)
Motor vehicle fueling stations; motor vehicle repair shops.
(a)
The lot shall have a minimum frontage along the principal street
or highway of at least 150 feet.
(b)
No church, school, library, playground, or similar place of
public assembly shall be within 500 feet of the site.
(c)
All pumps or buildings and lubricating and other devices shall
be located at least 25 feet from any adjacent building, structure
and street line.
(d)
Entrance or exit driveways shall be approved by the appropriate
highway authority.
(e)
The area devoted to the outdoor storage of motor vehicles and/or
parts thereof, or to purposes of dismantling, shall be screened from
view of persons on adjacent properties by enclosing such within a
solid fence eight feet high, or such area shall be located inside
a building.
(f)
Outdoor storage of other than motor vehicles shall be prohibited
at all times. Premises shall not be used for the sale, rent or display
of trailers, mobile homes, boats or other vehicles.
(g)
The business of selling gasoline may be accessory to a retail
store pursuant to these standards.
(h)
The Board may limit the number of gas pumps to ensure consistency
in scale between the gas filling station and adjacent land uses.
(i)
There shall be no glare of gas canopy islands outside the boundaries
of the site.
(j)
All gas canopy lights shall be recessed with no bulb, lens or
globes extending below the casing or canopy ceiling.
(k)
No signs shall be allowed on the canopy mansard, fascia or roof
area covering gas dispensers.
(l)
All pumps, pump islands, tanks, piping and canopies shall be
removed when fuel-dispensing activity has been inactive for a period
of 12 months.
(m)
Construction, maintenance and inspection of motor vehicle fueling
stations shall comply with all applicable federal, state and county
environmental protection and mitigation requirements relative to installation,
use and removal of tanks and pumps. The Town will be supplied with
copies of all bulk storage permits.
(n)
The Board shall require a traffic impact analysis.
(o)
The Board may limit hours of operation or limit acceptable hours
of fuel delivery if residential structures are impacted.
(p)
Applicants shall evaluate site conditions and provide information,
analysis, and evidence that the proposed gasoline station will not
degrade the quality of groundwater.
(q)
A motor vehicle repair shop that engages in motor vehicle sales
must comply with motor vehicle sales requirements. For motor vehicle
repair shop uses, all repairs shall be conducted in an enclosed building.
(8)
Golf course; private recreation area.
(a)
There shall be a minimum lot size of two acres.
(b)
All activities of such use shall be contained on the site at
sufficient distance from the boundaries and shall be laid out as not
to adversely affect surrounding property and to assure that there
is no danger to surrounding properties.
(c)
The golf course shall utilize stormwater pollution prevention
techniques; incorporate best management practices; utilize natural
landscaping; utilize integrated pest management techniques, minimize
water usage, and protect environmentally sensitive locations and habitats
on site.
(9)
Home Occupation 2 (HO2). Special use permits for HO2 uses shall be
reviewed and determined by the Planning Board. The Planning Board
shall grant a special use permit for an HO2 use only where the following
standards are met:
[Amended 7-14-2020 by L.L. No. 1-2020; 12-14-2021 by L.L. No. 4-2021]
(a)
The use shall be compatible with the character of the neighborhood.
(b)
There shall be no exterior alterations in connection with the
profession or occupation that are inconsistent with the character
of the neighborhood.
(c)
The use shall produce no appearance, noise, vibration, smoke,
dust, odors, heat, glare or electrical disturbances that would exceed
those normally produced by a residence.
(d)
The use shall not cause a substantial increase in traffic in
the neighborhood.
(e)
There shall be no more than two commercial or special purpose
vehicles stored at the property. Any commercial or special purpose
vehicle on the property shall be screened from view from the street
and adjoining properties or stored under cover. Any commercial or
special purpose vehicle in excess of 1 1/2 tons in capacity or 24
feet in length shall be stored in an enclosed structure within the
principal building or an accessory building, or within the rear yard
and shall be screened from view from the street and adjoining properties.
(10)
Multifamily dwellings.
(a)
In addition to meeting the minimum lot size requirements for
the establishing of the principal use, there shall be a minimum of
5,000 square feet on the lot per dwelling unit.
(b)
The Board, as part of the sketch phase of site plan review,
shall evaluate the building design. Multifamily structures that have
an appearance of a single-family dwelling are preferred. The Board
shall ensure that the design is compatible with the existing character
of neighborhood and Town.
(11)
Temporary housing.
[Amended 8-8-2023 by L.L. No. 4-2023]
(a)
In districts where temporary housing is identified as a permissible
use, a mobile home, manufactured home, compact home, or recreational
vehicle may be used as a temporary residence or business while a permanent
building is being constructed. A special use permit for temporary
housing shall have a term of one year, and may be renewed as needed
for two six-month periods.
(b)
The first six-month extension shall be granted only upon satisfactory
completion of the foundation, framing and sheathing of the permanent
structure and shall be extended only upon good cause being shown and
a showing that construction has not been completed. The mobile home,
manufactured home, compact home, or recreational vehicle shall be
removed from the premises upon expiration of the permit.
(c)
Drainage and grading, water supply, sewage disposal, garbage receptacles, and electric service and connections relating to temporary housing shall comply with the provisions of Chapter 88, § 88-6, Regulations for camping grounds and tourist camps, or its successor, of the Code of the Town of New Lebanon, as in effect from time to time. Sanitary sewage waste shall either be disposed of using an on-site private septic system that complies with all applicable regulatory requirements, or where such on-site private septic system is not then available, shall be pumped and lawfully disposed of in accordance with applicable regulatory requirements at regular intervals.
(12)
Motor vehicle sales.
[Amended 12-14-2021 by L.L. No. 4-2021]
(a)
Repairs shall be conducted in an enclosed building.
(b)
Only minor repairs of motor vehicles which are for sale at this
establishment may be performed unless the owner has received permits
required to operate a motor vehicle repair shop.
(c)
Entrance and exit driveways shall total no more than two in
number and shall have an unrestricted width of no less than 18 feet
nor more than 30 feet and be located no closer than 20 feet to any
side lot line. Driveways must be approved by the proper authorities.
(d)
All vehicles shall be set back behind the curbing not less than
50 feet from the center line of the travel portion of the road. Curbing
shall be required at the frontage of the road, and cars shall be set
back far enough behind the curbing so as not to interfere with visibility.
(e)
No banners, pennants, string flags, balloons or other such display
shall be permitted.
(14)
Automobile racing facility.
(a)
There shall be a minimum lot size of five acres.
(b)
The use shall be located along a state or county highway only;
primary access shall be on the state or county highway, and ingress
and egress shall be approved by the New York State Department of Transportation
or the County Department of Public Works.
(c)
Such use shall have a landscaped buffer area at least 50 feet
wide along exterior lot lines and street frontages, suitably planted
and maintained to provide a visual screening from adjacent properties.
(d)
At least 10 feet of such landscaped area shall be a coniferous
evergreen planting a minimum of six feet in height, except within
10 feet of ingress and egress points, at which the coniferous planting
shall be a maximum of three feet in height.
(e)
No structure shall be located within 100 feet of any property
lines.
(f)
All activities of such use shall be contained on the site at
sufficient distance from the boundaries and shall be laid out as to
not adversely affect surrounding property and to assure that there
is no danger to surrounding properties.
(g)
Adequate off-street parking shall be available.
(h)
Any lighting shall be arranged so as not to cause a glare on
surrounding properties.
(15)
Small business operation.
[Added 8-11-2015 by L.L.
No. 6-2015]
(a)
General conditions.
[1]
The SBO must meet all zoning conditions for the commercial zone
in which it is located;
[2]
If located in a General Commercial, Commercial Recreational,
or Commercial Residential Zone, at least 25% of the square footage
of the SBO must be devoted to retail. Such retail space must be located
adjacent to the public entrance to the SBO, generally the storefront.
Nothing herein should be construed to apply this requirement to a
small business operation located in a Commercial Industrial Zone.
[3]
The manufacturing is performed primarily within the confines
of the buildings, but may make minor use of outside space.
[4]
The manufacturing performed on premises will not produce substantial
noise, vibration or otherwise objectionable disturbances, such as
smoke, dust, odors, heat, glare or electrical disturbances or heavy
truck traffic, and will not involve the use of heavy machinery or
mass production.
[5]
The SBO will not cause a major increase in neighborhood traffic.
[6]
The SBO will have sufficient off-street parking for employees
and customers.
[7]
Hazardous material shall be stored in accordance with the New
York State Fire Code.
(16)
Home-based business. Special use permits for home-based business
uses shall be reviewed and determined by the Planning Board. The Planning
Board shall grant a special use permit for a home-based business only
where the following standards are met:
[Added 7-14-2020 by L.L.
No. 1-2020; amended 12-14-2021 by L.L. No. 4-2021]
(a)
The use shall be carried on by at least one person that resides
in the dwelling unit and no more than two persons that do not reside
in the dwelling unit.
(b)
No signs are allowed, except as permitted by § 205-17B(11).
(c)
There shall be no more than six commercial or special purpose
vehicles stored at the property. All commercial or special purpose
vehicles in excess of two shall be screened from view from the street
and adjoining properties or stored under cover. Any commercial or
special purpose vehicle in excess of 1 1/2 tons in capacity or 24
feet in length shall be stored in an enclosed structure within the
principal building or an accessory building, or within the rear yard
and shall be screened from view from the street and adjoining properties.
(d)
All materials or other equipment shall be stored within the
principal building or accessory building or within the rear yard and
shall be screened from view from the street and from adjoining properties.
The location of such storage areas shall be identified on a plan submitted
to the Planning Board as part of the special use permit application.
(e)
The use shall not produce any appearance, noise, vibration,
smoke, dust, odors, heat, glare or electrical disturbance that substantially
exceed those normally produced by a residence.
(f)
The use shall not cause a substantial increase in traffic in
the neighborhood.
(g)
Sufficient off-street parking for customers, clients, employees
and other visitors shall be provided as determined by the Planning
Board.
(17)
Cannabis retail dispensaries and cannabis consumption facilities.
Each cannabis retail dispensary and each cannabis consumption facility
shall comply with the following additional requirements:
[Added 8-8-2023 by L.L.
No. 4-2023]
(a)
In reviewing an application for special use permit for a cannabis
retail dispensary or cannabis consumption facility, and in addition
to any other applicable special use permit standards, the Board shall
require:
[1]
That the applicant demonstrate that the proposed use will not
cause discernible odors beyond the property line, or where the proposed
use is permissible as one of multiple uses on a single lot, beyond
the boundary of the area designated specifically for such proposed
use (e.g., the tenant space);
[2]
That the applicant demonstrate, through competent technical
proof, that its proposal includes sufficient off-street parking to
fully support the anticipated parking load for the proposed use, which
competent technical proof shall include an assessment of parking loads
at other established similar adult-use cannabis uses within the region
(including, where appropriate, outside of New York State); and
[3]
That the applicant demonstrate that its proposal includes sufficient
ingress and egress points designed to permit safe and efficient access
from adjoining public highway(s) and to avoid traffic congestion.
(b)
No cannabis retail dispensary or cannabis consumption facility
shall be located within 500 feet of any school, any place of worship,
or the boundary of any Town park or national or state historic site.
(c)
Cannabis retail dispensaries and cannabis consumption facilities
shall not open before 9:00 a.m. nor remain open after 9:00 p.m., Mondays
through Saturdays, and shall not open before 12:00 noon nor remain
open after 7:00 p.m. on Sundays.
(d)
Each cannabis retail dispensary and cannabis consumption facility
shall comply with all laws and regulations of New York State applicable
thereto.
(e)
Any local permit or approval for a cannabis retail dispensary
or a cannabis consumption facility, including special use permit,
site plan approval and a zoning permit, shall be deemed conditioned
upon the applicant securing and continuously maintaining the appropriate
state license therefor. No applicant for any local permit or approval
shall commence operations until such state license has been issued,
and proof thereof shall be provided to the Zoning Enforcement Officer.
Any local permit or approval for a cannabis retail dispensary or a
cannabis consumption facility shall be deemed to expire upon the suspension,
revocation, termination, nonrenewal, or expiration of any such state
license that results in any period of time during which the use lacks
a current, effective and valid state license for such use.
(18)
Mixed use.
[Added 8-8-2023 by L.L.
No. 4-2023]
(a)
Each constituent use comprising a mixed use must meet all requirements
applicable to such constituent use set forth in this chapter.
(b)
In reviewing an application for special use permit for a mixed
use, the Planning Board shall consider each constituent use comprising
a proposed mixed use individually, as well as all such constituent
uses comprising a proposed mixed use cumulatively.
(c)
A special use permit for a mixed use shall only permit the constituent
uses for which the special use permit was issued. Any additional or
different constituent uses, whether considered principal uses or accessory
uses under this chapter, shall not be permitted unless special use
permit approval is granted therefor by the Planning Board.
A.
Intent and purpose. Through site plan review, it is the intent of
this chapter to promote the health, safety and general welfare of
the Town. A clean, wholesome, attractive environment is declared to
be of importance to the health and safety of the inhabitants of the
Town, and in addition, such an environment is deemed essential to
the maintenance of the quality of life in the Town and the general
welfare of its inhabitants. It is further the intent of this chapter
to ensure optimum conservation, protection, preservation, development
and use of the natural and man-related resources of the Town, by regulating
land use activity within the Town through review and approval of site
plans consistent with the adopted Town of New Lebanon Comprehensive
Plan. It is the intent of this section to promote and encourage good
design standards, adequate site amenities and visual and physical
qualities in residential, commercial and industrial development.
B.
Authorization of Planning Board to review site plans. The Planning Board is hereby authorized to review and approve or disapprove, and, where it deems appropriate pursuant to § 205-14E(2), waive the review of, site plans for land uses within the Town as hereinafter designated pursuant to and in accordance with the standards and procedures set forth in this chapter.
[Amended 11-10-2020 by L.L. No. 3-2020]
C.
Costs. Cost incurred by the Planning Board for consultation fees
or other expenses, including but not limited to engineering, legal,
architectural, planning, or traffic engineering services, in connection
with the review of the proposed site plan shall be charged to the
applicant. The applicant shall deposit into an escrow account, established
by the Town specifically for this purpose, a sufficient amount to
be used solely by the Town of New Lebanon to retain qualified experts
needed for review of the proposal as determined by the Planning Board.
D.
Site plan review and approval shall be required prior to beginning
any new land use activity, engaging in any previous land use activity
after having not engaged in such land use activity for a period of
18 months or more, or changing any land use activity, except with
respect to the following:
[Amended 11-10-2020 by L.L. No. 3-2020; 12-14-2021 by L.L. No. 4-2021; 8-8-2023 by L.L. No. 4-2023]
(1)
Construction
of one- and two-family homes and ordinary accessory structures and
related land use activities.
(2)
Landscaping
or grading, provided that such landscaping or grading is not undertaken
in connection with a project that is otherwise subject to site plan
review.
(3)
Ordinary
repair or maintenance of existing structures or uses.
(4)
Exterior
alterations or additions to existing structures which, when combined
with all other exterior alterations or additions over the past five
years, results in an aggregate increase in total square footage of
such existing structures during such five-year period of not more
than 25%.
(5)
Nonstructural
agricultural or gardening uses.
E.
Procedures, generally. Prior to receiving a building permit and undertaking
any new land use activity requiring site plan review, applicants shall
prepare a sketch plan and attend the sketch plan conference as hereinafter
set forth. The sketch plan shall be filed no fewer than 10 business
days prior to the next regularly scheduled Planning Board meeting.
[Amended 12-14-2021 by L.L. No. 4-2021]
(1)
Sketch plan. A sketch plan conference shall be held between the Planning Board and the applicant prior to the preparation and submission of the application. The intent of such a conference is to enable the applicant to inform the Planning Board of the applicant's proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and generally determine the information to be required on the site plan application. In order to accomplish these objectives, the applicant shall provide the following for a sketch plan, except to the extent that, pursuant to Subsection D of this section, the Zoning Enforcement Officer determines that such information is not relevant or is otherwise not likely to be required for the Planning Board's sketch plan review:
[Amended 7-11-2017 by L.L. No. 2-2017; 11-10-2020 by L.L. No. 3-2020]
(a)
A statement describing the project, giving evidence of compatibility
with the Town of New Lebanon Comprehensive Plan and a time period
for completion of the project;
(b)
A rough sketch showing the locations and dimensions of principal
and accessory structures, parking areas, access signs (with descriptions),
existing and proposed vegetation, and other planned features; anticipated
changes in the existing topography and natural features; and, where
applicable, measures and features to comply with flood hazard and
flood insurance regulations;
(c)
An area map showing the parcel under consideration for site
plan review and all properties, subdivisions, streets, rights-of-way,
easements, agricultural operations, and other pertinent features within
200 feet of the boundaries of the parcel; and
(d)
A topographical or contour map of adequate scale and detail
to show site topography with contour intervals of 20 feet or less.
Topographical maps that meet this requirement are available in the
Building/Planning/Zoning Department office located in Town Hall.
(2)
Waiver
of full site plan review. Notwithstanding the following requirements
for site plan review, at or subsequent to the sketch plan conference,
the Planning Board may waive the requirement of review and approval
where it finds, in writing, served to the Zoning Enforcement Officer
and applicant, that such review and approval is unnecessary and would
not serve the purposes of this chapter. In granting that waiver, the
Board shall determine that the proposed change in use or site plan
change would not result in significant additional traffic generation,
wastewater flows, or water consumption and would not otherwise adversely
affect pedestrian and traffic circulation, eliminate parking, or alter
the height of the exterior façade.
[Added 11-10-2020 by L.L. No. 3-2020[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
E(2) as Subsection E(3).
(3)
Application. Following the sketch plan conference, an application
for site plan approval shall be made, in writing, to the Planning
Board. Five copies shall be filed with the Planning/Zoning Clerk at
least 10 business days prior to the next Planning Board meeting at
which the application is on the agenda. The application shall include
one or more of the following, as determined to be required by the
Planning Board at the sketch plan conference:
[Amended 7-11-2017 by L.L. No. 2-2017]
(a)
A description of the planned use;
(b)
An erosion and stormwater control plan to prevent the pollution
of surface water or groundwater, erosion of soil both during and after
construction, excessive runoff, excessive raising or lowering of the
water table and flooding of other properties, as applicable. This
plan must comply with the New York Guidelines for Urban Erosion and
Sediment Control and, if more than one acre of a site is disturbed,
must be permitted by the New York State Department of Environmental
Conservation. Where appropriate, the Planning Board may request soil
logs, percolation test results and storm runoff calculations;
(c)
A description of the method of sewage disposal and location,
design and construction materials of such facilities;
(d)
A description of the method of securing potable water and location,
design and construction materials of such facilities;
(e)
An estimated project construction schedule;
(f)
Identification of any noise-producing elements of the project
and an estimation of noise levels to be generated in decibels.
(g)
Identification of any permits from other governmental bodies
required for the project's execution and a schedule showing when applications
for such permits will be filed;
(h)
An agricultural data statement as defined in this chapter;
(i)
Other elements integral to the proposed development as may be
considered necessary in the particular case by the Planning Board;
and
(j)
Disclosure if Industrial Development Agency funding, tax-exempt
status or tax abatements are to be sought in conjunction with this
project.
(k)
A drawing or drawings containing the following:
[1]
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing;
[2]
North arrow, scale and date;
[3]
Boundaries of the property plotted to scale;
[4]
Existing buildings and rights-of-way;
[5]
Rock outcrops, depth to bedrock, soil characteristics, watercourses,
slopes in excess of 15% and grading and drainage plan, showing existing
and proposed contours;
[6]
Location, architectural design, type of construction, proposed
use and exterior dimensions of all buildings;
[7]
Location, number, design and type of construction of all parking
and truck loading areas, showing access and egress, including those
spaces dedicated for handicapped parking;
[8]
The location of all present and proposed public and private
ways, driveways, sidewalks, ramps, curbs, paths, and other pedestrian
access;
[9]
Location of outdoor storage, and location, type and screening
details for all waste disposal containers, if any;
[10]
Location, design and construction materials of
all existing or proposed site improvements, including drains, culverts,
catch basins, headwalls, end walls, hydrants, detention ponds, drainage
swales, retaining walls and fences;
[11]
Location of fire and other emergency zones, including
the location of fire hydrants, if any;
[12]
Location, design and construction materials of
all energy production and distribution facilities, including electrical,
gas and solar energy;
[13]
Location, size, height, materials, and design
and type of construction of all proposed signs;
[14]
Location and proposed development of all buffer
areas, including existing vegetative cover and buffers designed to
protect stream corridors, if present;
[15]
Location, height, design, intensity and bulb type
of outdoor lighting facilities;
[16]
Identification of the location and amount of building
area proposed for retail sales or similar commercial activity;
[17]
General landscaping plan and planting schedule.
The landscape plan should show existing natural features that may
influence the design of the proposed use such as rock outcrops, single
trees eight or more inches in diameter located within any area where
clearing will occur, forest cover and water sources and all proposed
changes to these features. Water sources include ponds, lakes, wetlands,
watercourses, aquifers, floodplains and drainage retention ponds;
and
(l)
A full environmental assessment form as required by SEQRA. A
short environmental assessment form will be sufficient for proposed
single- and two-family residences located in a New York State-certified
agricultural district.
(4)
Abbreviated
site plan (inventory). For existing land uses that have not received
site plan approval, that were lawfully established prior to the requirement
that site plan approval be obtained, and that if established currently
would be subject to site plan review pursuant to this chapter, the
Zoning Enforcement Officer is authorized, upon the property owner's
consent, to compile, or to cause to be compiled, an abbreviated site
plan (inventory). Such abbreviated site plan (inventory) shall consist
of a drawing that depicts the structures located on the property,
parking and lighting and other relevant features. The Zoning Enforcement
Officer shall maintain such abbreviated site plans (inventories) for
use by the Planning Board in any future site plan review(s) that may
be applicable to the property. The Zoning Enforcement Officer shall
notify, and, if requested, provide a copy of a submitted abbreviated
site plan (inventory) to, the Planning Board immediately upon its
completion.
[Added 11-10-2020 by L.L. No. 3-2020[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection
E(3) as Subsection E(5).
(5)
Required fee. An application for site plan review shall be accompanied
by the currently applicable fee.
F.
General review standards and considerations. The Planning Board's
review of the site plan shall include, as appropriate, but is not
limited to, the following general considerations and shall ensure
compatibility between the proposal and the Town of New Lebanon Comprehensive
Plan and applicable state and county regulations:
(1)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs. Structures that are visible from
public roads shall be compatible with each other and with traditional
structures in the surrounding area in architecture (including but
not limited to roof style and facades), massing, and placement, shall
harmonize with traditional elements of the area, and shall avoid features
such as flat roofs, large expanses of undifferentiated facades and
long, plain wall sections. Architectural design shall be in keeping
with the small-town architectural character of the area. Exterior
lighting fixtures shall minimize glare and use design features such
as, but not limited to, fully shielded fixtures to prevent light from
shining onto neighboring properties or public ways and unnecessarily
illuminating the night sky. Structures should be optimally placed
to protect important viewsheds. Structures and activities shall be
placed or buffered in a manner that protects adjacent agricultural
operations.
(2)
Adequacy, arrangement, and compliance with the applicable municipal
regulations regarding vehicular traffic access and circulation, including
intersections, road widths, pavement surfaces, dividers and traffic
controls, and adequacy of snow storage and ease of snow removal. The
Town Planning Board shall forward the site plan to the Highway Department
for review.
(3)
Location, arrangement, appearance and sufficiency of off-street parking
and loading. Use of pervious surfaces such as gravel or pavers are
encouraged to reduce stormwater runoff.
(4)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(5)
Adequacy of stormwater and drainage facilities and compliance with
all applicable New York State DEC stormwater regulations.
(6)
Adequacy of water supply and sewage disposal facilities as per Columbia
County Health Department.
(7)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
Landscaping shall be an integral part of the project area. To the
extent practical, existing trees and other vegetation shall be conserved
and integrated into the landscape design plan. Landscaping shall buffer
incompatible uses such as large-scale commercial uses and residences.
(8)
Adequacy of fire lanes and other emergency zones to provide emergency
access to structure(s) and the provision of fire hydrants if necessary.
(9)
Protection of adjacent or neighboring properties against noise, glare,
unsightliness or nuisances.
(10)
Adequacy and impact of structures, roadways and landscaping
in areas with susceptibility to ponding, flooding and/or erosion.
(11)
Overall impact on the neighborhood, including compatibility
of design consideration.
(12)
Adequacy and impact of structures, roadways and landscaping
in areas of steep slopes and along ridgelines.
(13)
Overall impact on wetlands and surface water resources, especially
related to impacts of erosion and other forms of pollution.
G.
Specific standards.
(1)
General lighting.
(a)
Where used for security purposes or to illuminate walkways,
roadways, and parking lots, only shielded light fixtures shall be
used. On-site lighting should be located to avoid harsh glares which
distract the motorist's line of sight. The luminaire shall emit no
direct light above a horizontal plane through the lowest direct light-emitting
part of the luminaire. Fully shielded fixtures are required. The maximum
height of the luminaire may not exceed 18 feet.
(b)
Light fixtures used to illuminate flags, statues, or any other
objects mounted on a pole, pedestal or platform shall use a narrow
cone beam of light that will not extend beyond the illuminated object.
(c)
Direct light emissions shall not be visible above the building
roofline for other upward-directed architectural, landscape, and decorative
lighting.
(d)
Externally illuminated signs, including building identification
signs, shall only use shielded light fixtures.
(2)
Light trespass and glare. All light fixtures shall be designed, installed,
and maintained to prevent light trespass, as specified below.
(a)
Outdoor lighting shall be designed, installed, and maintained
in a manner which does not present a disabling glare hazard to drivers
or pedestrians. All reasonable measures, such as altering pole height,
changing bulb type or using shielded fixtures, shall be taken to prevent
the projection of a nuisance glare onto neighboring properties. Outdoor
light fixtures properly installed and thereafter maintained shall
be directed so that there will be no objectionable direct light emissions.
(b)
At the property line of the subject property, illumination from
light fixtures shall not exceed 0.1 footcandle on adjacent residential
property or 0.5 footcandle on adjacent business property, measured
in a vertical plane.
(c)
The Planning Board may, as it deems appropriate, require that
lighting be controlled by automatic timing devices to extinguish offending
sources during specified periods to mitigate impacts. The Planning
Board may also require that lighting, except for security lighting,
be extinguished between the hours of 12:00 midnight and 6:00 a.m.
for businesses that are not in operation during that time.
(d)
Glare control shall be accomplished primarily through the proper
selection and application of lighting equipment. Only after those
means have been exhausted shall vegetation, fences, and similar screening
methods be considered acceptable for reducing glare.
(3)
Light fixture design. Fixtures must be properly designed for the
intended purpose. Lamps shall not be directly seen from normal viewing
angles. Lamps shall be directed so that light output is directed toward
the surface to be lighted.
(4)
Fixture installation.
(a)
Lighting fixtures shall not be mounted in excess of the maximum permitted building height or as permitted in § 205-14G(1) and (2).
(b)
Electrical feeds to lighting standards shall be run underground.
(5)
Lighting plans shall be included in site plan review. Lighting plans
submitted for review and approval for subdivision and land development
and site plan review shall include a layout of proposed fixture locations,
footcandle data that demonstrate conforming intensities and uniformities,
and a description of the equipment, glare-control devices, lamps,
mounting heights and means, hours of operations, and maintenance methods
proposed.
(6)
Landscaping standards.
(a)
Buffers. Landscape buffers shall be provided between all residential
and new commercial use. Buffers may include planted trees and shrubs,
hedgerows, berms, or existing forestland. The width of such buffer
areas will depend upon the topography, scale of the use and their
location on the property but shall normally be between 50 feet and
200 feet. Landscaping shall be an integral part of the entire project
area and shall either buffer the site from or integrate the site with
the surrounding area or both.
(b)
Existing vegetation. Building placement and lot layout shall
be designed to relate to and incorporate existing vegetation. Insofar
as practical, existing trees and other vegetation shall be conserved
and integrated into the landscape design plan.
(c)
Landscape components. Primary landscape treatment shall consist
of shrubs, ground cover and shade trees and shall combine with appropriate
walks and street surfaces to provide an attractive development pattern.
Selected landscape plants should be native to the area to the extent
practicable. The Planning Board may require that shade trees three
inches in caliper or 12 feet in height be planted and maintained at
twenty-foot to thirty-foot intervals along roads, preferably in the
parkway between the road edge and sidewalk, if present, or within
a ten-foot setback from the road edge.
(d)
Screening. Open storage areas, exposed machinery, and areas
used for storing and collecting rubbish shall be screened from roads
and surrounding land uses. Suitable types of screening include wood
fences and dense evergreen hedges of five feet or more in height.
Where evergreen hedges are proposed, a temporary fence shall be built
to provide screening until the evergreens are of sufficient height.
(7)
Roads and road access standards.
(a)
Access from major streets. Lots in subdivisions should be arranged to minimize driveway access from major streets. Where driveway access from a major street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access driveway in order to limit possible traffic hazard on such street. See also § 205-8D, Driveways, Subsection D(6), above, for standards related to shared driveways.
(b)
Frontage required. No building permit or certificate of occupancy
shall be issued for any structure or use unless the lot on which that
structure is located has frontage of at least 60 feet on a street.
[Amended 7-11-2017 by L.L. No. 2-2017]
(c)
Vehicle access and circulation. Multiple curb cuts shall be
consolidated to the maximum extent practicable in order to provide
clearly defined entrances and reduce conflicting vehicular movement.
(8)
Specific standards and considerations for agricultural district.
The following specific standards shall apply to site plans located
within an agricultural district. The Planning Board's review of the
site plan for these locations shall include, as appropriate, but not
limited to, the following general considerations and shall ensure
compatibility between the proposal and the Town of New Lebanon Comprehensive
Plan:
(9)
Overall impact on existing agricultural operations within the district.
(10)
The landscape plan will show a landscaped buffer a minimum of
50 feet or more where practicable between the proposed residential
use and an adjoining agricultural use.
H.
Public hearing, referral, and Planning Board decision.
(1)
Public hearing. The Planning Board may conduct a public hearing on
the site plan if considered desirable by a majority of its members.
Such hearing shall be held within 62 days of the receipt of a completed
application for site plan review and shall be advertised in the Town's
official newspaper or, if there is none, in a newspaper of general
circulation in the Town at least five days before the public hearing.
The Planning Board shall give notice to the applicant at least 10
days before the public hearing.
(2)
Referrals to County Planning Board. At least 10 days before such
hearing, a copy of the application and any accompanying documents
shall also be sent to the Columbia County Planning Board for its review,
as required by § 239-m of the General Municipal Law, where
any site plan review application affects real property lying within
500 feet of the Town boundary or of the boundary of any existing or
proposed county or state park or other recreation area or of the right-of-way
of any existing or proposed county or state parkway, expressway, road
or highway or of the existing or proposed right-of-way of any stream
or drainage channel owned by the county or for which the county has
established channel lines or of the existing or proposed boundary
of any county- or state-owned land on which a public building or institution
is situated. In the event a public hearing is not required, such proposed
action shall be referred before final action is taken thereon. No
action shall be taken upon any matter referred to the Columbia County
Planning Board until said Board shall have made a recommendation thereon
to the Town Planning Board or 30 days shall have elapsed since the
date of referral. If the County Planning Board disapproves the proposal
or recommends modification thereof, the Town Planning Board shall
not act contrary to such disapproval or recommendation except by a
vote of a majority plus one of all members and after the adoption
of a resolution fully setting forth the reasons for such contrary
actions. If significant changes have been made by the Planning Board
or applicant to a site plan after the Columbia County Planning Board
has been completed, the Planning Board shall re-refer the site plan
application to the County Planning Board for a new review under § 239-m.
(3)
Planning Board decision. Within 62 days of receipt of the completed
application for site plan approval or if a public hearing is held
within 62 days of public hearing, the Planning Board shall render
a decision. In its decision the Planning Board may approve, approve
with modifications or disapprove the site plan. The time period in
which the Planning Board must render its decision can be extended
by mutual consent of the applicant and the Planning Board.
(a)
Approval. The Town Planning Board will approve the site plan,
provided that it finds the facts submitted with the site plan establish
that:
[1]
The location, nature and intensity of the use involved shall
be such that it will be in harmony with the orderly development of
the Town as proposed in the Comprehensive Plan and will not discourage
the appropriate development and use of adjacent land and buildings;
[2]
Existing streets are suitable and adequate to carry anticipated
traffic generated by the proposed use and in the vicinity of the proposed
use;
[3]
The proposed use will not be detrimental to personal safety
within the area, the natural characteristics of the site or area,
and surrounding uses; and
(b)
Upon approval of the site plan and payment by the applicant
of all fees and reimbursable costs due the Town and not yet paid,
the Planning Board shall endorse its approval on a copy of the site
plan and shall file it and a written statement of approval within
five business days with the Town Clerk. A copy of the written statement
of approval shall be mailed to the applicant by certified mail, return
receipt requested.
(c)
Approval with modifications.
[1]
The Planning Board may conditionally approve the final site plan.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to a proposed site plan. Upon its approval of said site plan, any
such conditions must be met in connection with the issuance of permits
by applicable enforcement agents or officers of the Town.
[2]
A copy of written statement containing the modifications required
by the conditional approval will be mailed to the applicant by certified
mail, return receipt requested. After adequate demonstration to the
Planning Board that all conditions have been met, and payment by the
applicant of all fees and reimbursable costs due the Town, the Planning
Board shall endorse its approval on a copy of the site plan and shall
immediately file it, and a written statement of approval shall be
mailed to the applicant by certified mail, return receipt requested.
(d)
Disapproval. Upon disapproval of the site plan, the decision
of the Planning Board shall immediately be filed with the Town Clerk
and a copy thereof mailed to the applicant by certified mail, return
receipt requested, along with the Planning Board's reasons for disapproval.
I.
Miscellaneous provisions.
(1)
Integration of procedures. Whenever the circumstances of proposed
development require compliance with this Site Plan Review Law and
with any other local law, ordinance or requirement of the Town, the
Planning Board shall attempt to integrate, as appropriate, site plan
review as required by this chapter with the procedural and submission
requirements for such other compliance.
(2)
Enforcement. No certificate of occupancy shall be issued until all
improvements shown on the approved site plan are installed or a sufficient
performance guarantee has been posted for improvements not yet completed.
This sufficiency of such performance guarantee shall be determined
by the Town Planning Board after consultations with the Town Board,
Zoning Officer, Town Attorney and/or other appropriate parties.
(3)
Expiration of site plan approval. Site plan approval shall automatically
terminate one year after the same is granted unless a building permit
has been issued and there is physical evidence to demonstrate that
the project is in progress. An applicant may request one six-month
extension of this time frame.
(4)
Consultant review. The Planning Board may consult with but not limited
to the following: the Town Building Inspector, Fire Commissioners,
environmental organizations, Highway Department Superintendent, Town
Engineer, other local and county officials, the New York State Health
Department, Department of Environmental Conservation, the New York
City Department of Environmental Protection, and the New York State
Department of Transportation. The Planning Board may hire a consultant,
if needed, to review plans.
A.
Amendments; how initiated.
(2)
Whenever the owners of 50% or more of the frontage in any district
shall present a petition duly signed and acknowledged to the Town
Board, requesting an amendment, supplement or change of the regulations
prescribed for such district or part thereof, it shall be the duty
of the Town Board to vote upon said petition within 30 days after
the filing of the same by the petitioners with the Town Clerk.
(3)
The Planning Board or the Zoning Board of Appeals may, by resolution,
propose an amendment to the Town Board suggesting a change or repeal
of the regulations. Within 30 days from the time such resolution is
filed with the Town Clerk, it shall be the duty of the Board to vote
on such proposed amendment.
B.
Referral of proposed amendments to the Town Planning Board and to
the County Planning Board.
(1)
All proposed amendments, supplements or changes originating by petition
or by motion of the Town Board shall be referred to the Planning Board
for a report and recommendation thereon. The Planning Board shall
submit its report within 30 days after receiving such referral. If
the Planning Board fails to report within the required time, the Town
Board may act without such a report.
(2)
On any amendment proposal before the Town Board, a copy of a description
of the proposal shall be mailed to the Columbia County Planning Board
in any case where the land involved in the proposal is within 500
feet of:
(a)
The boundary of any other municipality.
(b)
Any state or county park or recreation area.
(c)
The right-of-way of any state or county highway.
(d)
The right-of-way of any stream or drainage channel owned by
the county or for which the county has established channel lines.
(e)
The boundary of any state- or county-owned land on which a public
building or institution is situated.
(3)
No action shall be taken on proposals referred to the Columbia County
Planning Board, until the County Board's recommendation has been received
or 30 days have elapsed after the Board has received the full statement
on the applicant's proposal, unless the county and the Town agree
to an extension beyond the thirty-day requirement for the county's
review.
C.
Hearing on proposed amendment. Before any amendment, supplement or
change in the regulations or district boundaries, there shall be a
public notice and hearing thereon as provided by law.
D.
Adoption of amendment. After the public hearing, and referral to
and report by the Planning Board, the Town Board shall act on the
proposed amendment. A majority vote of the members of the Town Board
shall be required to amend the Zoning Local Law, except as described
in Subsection F below.
E.
[1]Protest petition. If a protest against a proposed amendment,
supplement or change is presented to the Town Board, duly signed and
acknowledged by the owners of 20% or more of the area of the land
included in such proposed change or by the owners of 20% or more of
the land immediately adjacent extending 100 feet therefrom or by the
owners of 20% or more of land directly opposite thereto extending
100 feet from the street frontage of such opposite land, such amendment
shall not be passed except by the favorable vote of four members of
the Town Board.
[1]
Editor’s Note: Former Subsection E, Publication and
posting, was repealed 6-13-2017 by L.L. No. 1-2017. This local law
also redesignated former Subsection F as Subsection E and repealed
former Subsection G, Periodic review of Zoning Local Law, which immediately
followed this subsection.
A.
Severability. Should any section, clause or provision of this chapter
be declared by the courts to be invalid, the same shall not affect
the validity of the local law as a whole or any part thereof other
than the part so declared to be invalid and only to the extent of
such invalidity.
B.
Interpretation; conflict with other laws. In their interpretation
and application, the provisions of this chapter shall be held to be
minimum requirements, adopted for the promotion of the public health,
morals, safety, or the general welfare. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations, or ordinances, the more restrictive,
or that imposing the higher standards, shall govern.
C.
When effective. This chapter, together with the Zoning Map entitled
"Zoning Districts of the Town of New Lebanon," shall take effect upon
filing with the Secretary of State.
[Added 10-11-2016 by L.L.
No. 3-2016[1]; amended 7-14-2020 by L.L. No. 1-2020]
A.
Intent and purpose. The intent of this section is to promote and
protect the public health, safety and welfare of the residents of
the Town by regulation of signage.
B.
Rules and regulations.
(1)
For purposes of determining number of signs under this section, 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 the elements, each element shall be considered
to be a single, separate sign.
(2)
For purposes of determining the surface area of a sign under this
section, surface area shall be computed as including the entire area
within a 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; provided, however, that
50% of the total surface area of both sides of a freestanding sign
or a projecting sign that is substantially perpendicular to the road
or walkway and that contains identical content on both sides so as
to permit observation of its messaging from either direction shall
be excluded from such calculation. Frames and structural members not
bearing letters, words, numbers, figures, emblems, logos, or pictures
shall not be included in computation of surface area.
(3)
All exterior signs must be constructed of durable materials, shall
be lettered in a professional and workmanlike manner and shall be
maintained in good condition and repair at all times. Exterior signs
and posters made of cardboard, paper or similar nonpermanent material
are prohibited except for temporary signs.
(4)
All illuminated signs shall be constructed such that all transformers,
wires and similar items shall be concealed. All wiring to freestanding
signs shall be underground.
(5)
Excepting portable and temporary signs, all signs and their structures
shall be securely anchored and constructed to prevent lateral movement
that would cause wear on supporting connections.
(6)
Signs and their structures must be kept clean, neatly painted and
free from all hazards, such as but not limited to faulty wiring and
loose fastenings. Signs and their structures must be maintained at
all times in such a safe condition as not to be detrimental to the
public health or safety.
(7)
No sign shall be placed in or projected onto the public right-of-way
or placed so as to impair visibility for motorists. Signs shall not
project over adjoining property lines.
(8)
Wall signs shall not extend above the roof or parapet of the building,
shall not extend beyond the ends or over the top of the walls to which
attached and shall not extend more than nine inches from the face
of the buildings to which they are attached.
(9)
The height of a freestanding sign shall not exceed 30 feet.
(10)
Monument- or masonry-type signs or bases shall not exceed four
feet in height.
(12)
In addition to any other signs permitted under this chapter,
a place of worship, museum, library, school or government office shall
be permitted to have a bulletin board not exceeding 24 square feet.
(13)
Business signs in a General Commercial, Commercial-Residential, Commercial-Recreational, or Commercial-Industrial District. In the General Commercial, Commercial-Residential, Commercial-Recreational, or Commercial-Industrial zoning districts, any legally established business use not constituting a home occupation, a home-based business, a short-term rental, a boardinghouse, or a business located within a multibusiness complex, shopping center, or mall, shall be permitted to have the following signs in addition to those permitted by § 205-17B(11):
[Amended 11-10-2020 by L.L. No. 3-2020; 12-14-2021 by L.L. No. 4-2021]
(a)
One freestanding sign not exceeding 24 square feet.
(b)
One wall sign not exceeding the greater of 24 square feet or
1/ 2 square foot per linear foot of building frontage, but in no event
larger than 100 square feet.
(c)
One sandwich board sign not exceeding eight square feet of surface
area on each side, provided that such sandwich board sign is removed
daily.
(d)
For each food truck operating on the property, one freestanding,
one-sided sign not exceeding eight square feet of surface area or
one sandwich board sign not exceeding eight square feet of surface
area on each side, provided that such sign is removed daily.
(14)
Illuminated signs shall be shielded in such a way as to produce
no glare, undue distraction, confusion or hazard to the surrounding
area or to vehicular traffic. Illumination shall be properly focused
upon or from within the sign itself.
(15)
Signs which are animated, flashing or with intermittent illumination
are prohibited.
(16)
Feathered flag, tear drop flag and blade flag signs are prohibited.
(17)
No sign shall contain content that is obscene.
C.
Signs for Multi-Business Complexes, Shopping Centers, Malls, etc.
(1)
A multi-business complex, shopping center, or mall shall be permitted
one freestanding sign not exceeding 24 square feet, plus 10 square
feet for each individual business space therein; provided, however,
that in no event shall the total surface area of such freestanding
sign exceed 75 square feet, nor shall the total height of the freestanding
sign exceed 30 feet.
(2)
Notwithstanding anything else to the contrary contained in this § 205-17, a multi-business complex, shopping center, or mall shall be permitted one sign not exceeding 24 square feet for each individual business space therein, each such sign being attached to the building and located 18 inches or less from the building face and being located in general proximity to each individual business space.
D.
Any sign in disrepair or which becomes obsolete shall be repaired
or removed at the expense of the property owner within 30 days of
the date of an order to such effect issued by the Zoning Enforcement
Officer. A permanently installed structure on which the sign is mounted
need not be removed, provided the structure is in good repair and,
to the extent any surface area formerly used for signage remains,
such area is a neutral color and opaque. Any replaced or repaired
sign must conform to all regulations in this chapter.
E.
A flora or stone sign may be permitted as long as it conforms to
other regulations of the sign this chapter.
F.
Temporary Signs. Temporary signs shall comply with the following:
(1)
Each temporary sign shall not exceed six square feet in surface area.
(2)
Each temporary sign shall be located no closer than six feet from
any roadway.
(3)
Temporary signs shall not be attached to any tree, utility pole,
or road sign.
(4)
No temporary sign shall be displayed during any calendar year for
more than two display periods, each of which shall not exceed 30 consecutive
days and which display periods shall be at least 60 consecutive days
apart.
G.
Exemptions. For the purpose of this chapter, the following signs
shall not be included in the application of the regulations herein:
(1)
Historical markers.
(2)
Integral decorative or architectural features of buildings, except
letters, numbers, trademarks, moving parts or moving lights.
(3)
Signs not in excess of two square feet in size that identify hours
of operation.
(4)
Nonilluminated signs not in excess of two square feet in size that
demark a property's boundaries.
(5)
Address signs not in excess of two square feet in size on multiple
dwelling units.
(6)
Nonilluminated signs on the interior sides of fences which enclose
athletic fields, as well as on scoreboards contained within such athletic
fields.
(7)
Window and door signs and posters, provided that such do not exceed
25% of each window/door surface.
H.
Approvals. Excepting temporary signs, all signs require application
for and issuance of a zoning permit from the Zoning Enforcement Officer
and payment of any and all applicable application and permit fees.
I.
Nonconforming signs. A lawful pre-existing, nonconforming sign may
be maintained subject to the provisions of this section.
(1)
Any existing on-premises sign which was legally constructed and erected
under the sign provisions or other regulations set forth in the Zoning
Code, Town Code or which was granted a variance may be continued and
maintained; provided, however, that such sign may not be moved, altered,
enlarged or modified unless such sign is changed to a conforming sign.
Once modified or changed, such sign may not be changed back into a
nonconforming sign.
(2)
All other signs in existence on the effective date of this chapter
shall be made to conform to the standards herein or shall be removed
within 60 days after receipt of written notice from the Zoning Enforcement
Officer to the owner to comply.
J.
Sign schedule. The following sign schedule shall be read in conjunction
with the rules and regulations set forth in this chapter:
[Amended 11-10-2020 by L.L. No. 3-2020]
|
Use
|
Zoning District
|
Maximum Size
|
Number Permitted
|
Comments
|
|---|---|---|---|---|
|
Residential, home occupation
|
Residential
|
2 square feet
|
1
|
—
|
|
Short-term rental and boardinghouse
|
All zones or where ZBA allows
|
2 square feet
|
1
| |
|
Farm
|
Residential
|
16 square feet
|
1
| |
|
Banners or flags
|
All zones
|
15 square feet each
|
3
| |
|
Bulletin board associated with a church, school or similar institutional
structure
|
All zones
|
24 square feet
|
1
| |
|
Business uses, except home occupation, home-based business,
bed-and-breakfast, boardinghouse, and businesses located in multi-business
complex
|
C, C-Rec, C-I, and C-R
|
Freestanding: 24 square feet
|
1
|
Height of individual freestanding signs shall not exceed 30
feet.
|
|
Attached to building: greater of 24 square feet or 1/2 foot
per linear foot of building frontage up to 100 square feet
|
1
| |||
|
Business, window/door
|
All zones
|
Not to exceed 25% of each window/door surface
| ||
|
Multi-business complexes, shopping centers, malls, etc.
|
Applicable zones
|
Freestanding: 24 square feet, plus 10 square feet for each individual
business space therein, provided that total surface area of sign shall
not exceed 75 square feet
|
1
|
Height of individual freestanding signs shall not exceed 30
feet.
|
|
Attached to each business in shopping center: 24 square feet
|
1
| |||
|
Real estate signs
|
All
|
6 square feet
|
1
|
Must be located on the property offered for sale or lease; must
be located not closer than 6 feet from edge of any roadway.
|
[Added 7-11-2017 by L.L.
No. 2-2017]
A.
Intent and purpose. The intent of this section is to advance and
protect the public health, safety, and welfare of the residents of
the Town by:
(1)
Taking advantage of a safe, abundant, renewable, and clean energy
resource;
(2)
Decreasing the cost of energy to the owners of commercial and residential
properties, including single-family houses;
(3)
Providing for the installation of solar energy systems that are consistent
with the requirements of the Comprehensive Plan for the Town of New
Lebanon with the goal of maintaining the community appearance and
rural character of the Town; and
[Amended 8-8-2023 by L.L. No. 4-2023]
(4)
Balancing the potential impacts to the public and to neighbors when
solar energy systems may be installed on property in the Town while
preserving the rights of property owners to install solar energy systems
without overly burdensome regulation.
B.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems installed or modified after the effective date of these solar
energy system regulations, excluding general maintenance and repair,
or to solar energy system installations for which a valid building
permit has been issued before the effective date of this section.
(2)
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards, including, without limitation, the New York State Uniform
Fire Prevention and Building Code[1] (including the Electrical Code), the Town Code, and any other applicable regulations. To the extent any provision of this § 205-18 conflicts with any other applicable code, regulation or industry standard, the provision, code, regulation or standard that is more protective of health and safety shall control.
[Amended 8-8-2023 by L.L. No. 4-2023]
C.
Solar energy systems as an accessory use or structure. This section
pertains to roof-mounted solar energy systems and ground-mounted solar
energy systems for on-site consumption. These types of solar energy
systems shall be considered accessory uses and are subject to the
specific regulations below.
(1)
Roof-mounted solar energy systems.
(a)
A building permit shall be required for installation of all
roof-mounted solar energy systems.
(b)
Roof-mounted solar energy systems that use the generated electricity
on site or off site are permitted as an accessory use in all zoning
districts when attached to any lawfully permitted building or structure.
(c)
Roof-mounted solar energy systems shall be exempt from site
plan review under this chapter.
(d)
Buildings with roof-mounted solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located. The solar energy system shall be included in the calculation of height. The height exemptions for other equipment and structures as provided in § 205-7B(8) of this chapter remain applicable.
(e)
Solar panels on a roof-mounted solar energy system shall be
mounted with a maximum distance (tilt or cant) of 18 inches between
the roof and highest edge of the solar energy system component.
(f)
Solar energy systems that are mounted on a flat roof shall be
exempt from the maximum distance (tilt/cant) requirement of the foregoing
subsection; however, the system shall be screened from the road frontage
adjacent to the property using building materials or natural materials,
such as vegetation and berms. A plan for such screening shall be depicted
as supplementary documentation to the building permit.
(g)
Before a roof-mounted solar energy system is first energized,
the property owner and solar installer must contact the emergency
responders to provide information and instruction on how to use the
emergency disconnect to power down the solar energy system and to
show responders the location for the emergency disconnect. Roof-mounted
solar energy systems shall be labeled in order to provide emergency
responders with appropriate warning and guidance with respect to isolating
and disconnecting the solar electric system. Materials used for labeling
shall be weather resistant. In addition, all roof-mounted solar energy
systems must include a setback from the edge and peak of the roof
to provide access and a path for firefighters.
(h)
All owners of property upon which a roof-mounted solar energy
system which primarily produces electricity for off-site consumption
is located are required to enter into contracts with the Town to make
payments in lieu of taxes (PILOT). The amounts of the PILOT cannot
exceed the amounts which would have been payable if not for the exemption.
(2)
Ground-mounted solar energy systems for on-site consumption.
(a)
A building permit shall be required for installation of all
ground-mounted solar energy systems for on-site consumption.
(b)
Ground-mounted solar energy systems for on-site consumption
that use the generated electricity primarily on site are considered
accessory structures.
(c)
Ground-mounted solar energy systems that use the electricity
primarily on site and that have an aggregate surface area coverage
no greater than 1,000 square feet shall be exempt from site plan review
under this chapter.
(d)
Ground-mounted solar energy systems for on-site consumption
that have an aggregate surface area coverage that exceeds 1,000 square
feet shall be subject to site plan review and the issuance of a special
use permit.
(e)
Height, setback and lot coverage. Ground-mounted solar energy
systems shall adhere to the height, setback and lot coverage requirements
of the zoning district within which they are located, subject to the
following additional conditions:
[1]
Height restrictions will apply to structures when oriented at maximum tilt and are provided the same height exemptions as provided in § 205-7B(8) of this chapter.
[2]
Ground-mounted solar energy systems for on-site consumption
shall adhere to the setback requirements of the district in which
they are located and shall only be located in the side or rear yards
of lots.
[3]
The surface area covered by ground-mounted solar panels in these
systems, combined with any other accessory structures on the lot,
shall not exceed 30% of the lot coverage.
(f)
Ground-mounted solar panels shall be surfaced, designed, sited
and installed so as not to cause glare onto adjacent properties and
roadways.
(g)
Before a ground-mounted solar energy system for on-site consumption
is energized for the first time, the property owner and solar installer
must contact the Town's emergency responders to provide information
and instruction on how to use the emergency disconnect to power down
the solar energy system and the location for the emergency disconnect.
All disconnects shall be clearly labeled in order to provide emergency
responders with appropriate warning and guidance with respect to disconnecting
the solar electric system. Materials used for labeling shall be weather
resistant.
(h)
Ground-mounted solar energy systems for on-site consumption
shall be exempt from additional real property taxation to the extent
of any increase in the value which is attributable to the solar energy
system, provided that the array does not generate more than 125% of
the total energy consumed at the site. In the event the energy generated
by the array exceeds 125% of the usage in any year, the property shall
not qualify for the exemption in the following year, and the owner
will be required enter into a contract with the Town to make payments
in lieu of taxes. Proof of generation and consumption must be provided
on an annual basis to the Town Clerk and the Assessor.
D.
Large-scale solar energy systems. Large-scale solar energy systems,
which term includes, but is not limited to, community solar energy
systems, have a greater impact on the land and Town. As such, these
systems shall be subject to the following regulations:
[Amended 8-8-2023 by L.L.
No. 4-2023]
(1)
Approval standards for applications for large-scale solar energy
systems.
(a)
Large-scale solar energy systems are permitted in the Solar
Overlay District upon the granting of a special use permit and subject
to site plan approval by the Planning Board. Where a large-scale solar
energy system is present on site, it will be considered a principal
use on that site.
(b)
Special use permit application requirements and conditions.
A special permit application shall be subject to these additional
special use permit standards and requirements:
[1]
If the property of the proposed project is to be leased, legal
consent to the solar use between the owner and tenant, specifying
the use(s) of the land for the duration of the lease, including information
on any necessary easements and other agreements, shall be submitted
with the application, and both parties must sign the application.
The lease agreement must contain a provision which specifies the rights
and/or obligations regarding decommissioning.
[3]
Site plans conforming to the requirements described in § 205-14 depicting the layout of the solar energy system signed by a professional engineer or registered architect shall be required.
[4]
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
inverters and any other equipment that are to be installed.
[5]
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
[6]
Decommissioning plan. To ensure the proper removal of large-scale
solar energy systems and community solar energy systems, a decommissioning
plan shall be submitted as part of the application. Compliance with
this plan shall be made a condition of the issuance of a special use
permit under this section. The decommissioning plan must specify that
after the solar energy system is no longer producing power for a period
of 12 months, it shall be removed by the property owner within 90
days of notification from the Town requiring removal. The plan shall
demonstrate the existing conditions on the site before construction
of the array, the plan for removal, including the disposal or recycling
of its components, together with the restoration of soil and vegetation
to return the parcel to its original state prior to construction.
All aboveground and below-ground equipment, structures and/or foundations
associated with the solar energy system must be removed during decommissioning.
The plan shall include an expected timeline for removal of the equipment
and restoration of the site. A cost estimate detailing the projected
costs associated with the decommissioning shall be prepared by a professional
engineer or contractor. Cost estimations shall take into account inflation.
[7]
Performance bond. Prior to issuance of a building permit, the
property owner or operator of the solar energy system shall post a
performance bond or other suitable guarantee in a face amount of the
estimated cost of decommissioning as provided in the cost estimate
approved by the Town Engineer, together with the cost of inflation
over the anticipated life of the array. For the special use permit
to remain in effect, the cost estimate and performance bond shall
be reviewed and adjusted at five-year intervals. The approvals allowing
the use shall be suspended or revoked pending the replenishment of
the financial obligation. The form of the guarantee must be reviewed
and approved by the Town Engineer and the Town Attorney. Review of
the guarantee by the Town Engineer and Town Attorney shall be paid
from an escrow established by the applicant, which shall be required
to be funded in advance of review of the project. In the event of
a default upon performance of such condition or any of them, the bond
or security shall be utilized by the Town to perform all necessary
decommissioning work to remove the array and restore the property.
The bond or security shall remain in full force and effect until the
removal of the solar energy equipment and complete restoration of
the site. Proof of maintenance of the bond or security shall be submitted
by the property owner or operator on an annual basis to the Town Clerk
by February 1 of each year.
(2)
Special use permit and site plan standards. The review of an application
by the Planning Board shall be subject to the following standards,
in addition to those contained in the special use permit and site
plan sections of this chapter:
(a)
Size, height and setback.
[1]
No parcel shall include one or more large-scale solar energy
systems that, in the aggregate, exceed a nameplate capacity of five
megawatts alternating current.
[2]
The applicant shall demonstrate that the hosting capacity of
existing public utility infrastructure to which the large-scale solar
energy system is to be connected is sufficient to support the total
energy-generating capacity of the proposed large-scale solar energy
system.
[3]
Large-scale solar energy systems shall adhere to the height
and setback requirements of the underlying zoning district in which
they are located.
[4]
In addition to adhering to the otherwise applicable height and
setback requirements of the underlying zoning district, no component
of any large-scale solar energy system may be located within 75 feet
of the front lot line or 35 feet of any side or rear lot line.
(b)
All large-scale solar energy systems shall be enclosed by fencing
to prevent unauthorized access. The type of fencing shall be determined
by the Planning Board as part of site plan review.
(c)
The owner or operator of the solar energy system must have identification
and contact information and appropriate warning signage posted at
the entrance to the solar energy system and be clearly visible. Signage
shall list the facility name, owner or operator and phone number.
A clearly visible warning sign concerning voltage shall be placed
at the base of all inverters, transformers and/or substations and
in such other locations as the Planning Board determines is necessary.
(d)
Large-scale solar energy systems shall also adhere to the following
design requirements:
[1]
Any buildings, inverters, transformers and/or substations and
accessory structures shall, to the extent reasonably possible, use
materials, colors, and textures that will blend the facility into
the existing environment and/or be screened from view.
[2]
Roadways within the site shall not be constructed of impervious
materials and shall be designed to minimize the extent of roadways
constructed and soil compaction, while providing sufficient ability
to accommodate fire and other emergency apparatus.
[3]
As determined necessary by the Planning Board, a landscaped
buffer shall be provided around all equipment and solar energy systems
to provide screening from neighboring residences and roadways.
[4]
Solar panels and equipment shall be surfaced, designed and sited
in order to prevent reflective glare onto any inhabited buildings
on adjacent properties as well as roadways.
[5]
Where practicable, on-site utility and transmission lines shall
be placed underground if they would be visible and are unable to be
adequately screened.
[6]
All mechanical equipment, including any structure for batteries
or storage cells, shall be completely enclosed by a minimum six-foot-high
fence with a self-locking gate, and provided with landscape screening.
Fire and emergency responders must have access to the equipment, which
may be accomplished with use of a Knox-Box® or other equipment
as recommended by the emergency responders.
(e)
Any batteries or storage cells, when no longer in use, shall
be disposed of in accordance all applicable federal, state, county,
and local laws and regulations.
(f)
Any application under this section shall meet any substantive
provisions contained in the site plan requirements of this Zoning
Code that, in the judgment of the Planning Board, are applicable to
the system being proposed. If any site plan requirement is determined
by the Planning Board as not applicable, the Planning Board may waive
that requirement in its site plan review.
(g)
The Planning Board may impose conditions on its approval of
any special use permit under this section in order to enforce the
standards referred to in this section or in order to discharge its
obligations under the State Environmental Quality Review Act (SEQRA).[3]
[3]
Editor's Note: See Art. 8 of the Environmental Conservation
Land.
(3)
Other requirements applicable to large-scale solar energy systems.
(a)
The operator shall maintain general liability insurance coverage
on any solar energy system in the amounts of $1,000,000 for injuries
and $500,000 for property damages, naming the Town of New Lebanon
as additional insured.
(b)
If in the course of the delivery, installation, maintenance,
dismantling, removal or transport of the solar energy system or any
components thereof, the property of the Town of New Lebanon, including
but not limited to roadways, shoulders, drainage structures, signage,
guide rails, etc., is damaged by the efforts of the applicant or any
agents thereof, the applicant shall, within 30 days of the damage,
completely replace or repair all damage to the satisfaction of the
Town.
(c)
Any damaged or unused components of the system shall be removed
from the premises within 30 days and disposed of legally. All maintenance
equipment and spare parts shall be kept in a designated storage area
which is fenced and screened. Petroleum products shall be disposed
of legally.
(d)
If the ownership of a solar energy system changes, the special
use permit and site plan approvals shall remain in full force and
effect providing all the conditions of the special use permit, including
bonding, letters of credit or continuing certification requirements
or obligations continue to be obligations of successor owners. The
change in ownership shall be registered with the Code Enforcement
Officer.
(e)
Any and all modifications, additions, deletions, or changes
to the solar energy system, whether structural or not, shall be subject
to the Planning Board's approval as an amendment of the special
use permit and/or site plan, except that such amendment shall not
be required for repairs which become necessary in the normal course
of use of such system.
(f)
An inspection report prepared by an engineer approved by the
Town and licensed in the State of New York shall be required at the
time of installation and every three years thereafter. The cost for
this inspection shall be borne by the applicant. The inspection report
is required at the time of installation and in advance of powering
the system for use. Thereafter, it shall be done to inspect all components
of the solar energy system to ensure proper operation. The inspection
report must be filed with the Code Enforcement Officer.
(g)
No part of the solar farm/power plant, including the structure
and panels, shall be used for the display of any advertising, decorative
flags, streamers, or any other decorative items.
(h)
When any solar energy system is installed and before it becomes
active, the owner of the site and/or developer of the solar array
must contact the New Lebanon Fire Department emergency responders
to make arrangements for a meeting at the site to review the components
of the array and to be educated on safety issues and procedures for
emergency response. This shall include detailed discussion related
to the location of labeled warnings, access to the site and information
on emergency disconnection of the system. In addition, during site
plan, the Planning Board shall determine the appropriate size and
location of placards which provide mutual aid responders with sufficient
information to protect them when responding to calls on site.
(i)
Review of the application for any necessary approvals of any
solar energy system under this section shall be conducted by the Town
Engineer and Town Attorney. This review shall be funded by the applicant
and paid from an escrow fee required at the time of application, and
which shall be replenished upon invoice from the Town before additional
review of the project by the Planning Board is able to proceed.
(j)
If construction of a project is not completed within 12 months
after receiving final site plan approval, and the project has not
been abandoned, a new special use permit must be obtained.
(k)
All owners of property upon which a large-scale solar energy
system is located are required to enter into contracts with the Town
to make payments in lieu of taxes (PILOT).
A.
Any term used in this chapter which is not defined hereinbelow shall
carry its customary meaning or that according to the New York State
Building Code unless the context otherwise dictates.
B.
Words used in the present tense include the future tense. The singular
includes plural. The word "person" includes a "corporation" as well
as an "individual." The word "lot" includes the word "plot" or "parcel."
The term "shall" is always mandatory. The word "used" or "occupied"
as applied to any l and or building shall be construed to include
the words "intended, arranged or designed to be used or occupied."
C.
ACCESSORY DWELLING UNIT
ACCESSORY USE
ADULT USE
AGRICULTURAL DATA STATEMENT
AGRICULTURAL OPERATION
AGRITOURISM
ALTERATIONS
AREA REGULATIONS
AUCTION SALES
AUTOMOBILE
AUTOMOBILE RACING FACILITY
BANK
BANNER or FLAG
BAR
BOARDINGHOUSE
BOND
BOWLING ALLEY
BUFFER AREA/BUFFER ZONE
BUILDABLE AREA
BUILDING
BUILDING, ACCESSORY
BUILDING COVERAGE
BUILDING ENVELOPE
BUILDING, FRONT LINE OF
BUILDING HEIGHT
BUILDING, PRINCIPAL
BUS STATION
CAMPGROUND
CANNABIS CONSUMPTION FACILITY
CANNABIS RETAIL DISPENSARY
CAR WASH
CELLULAR TOWER
CEMETERY
COMMERCIAL EVENT VENUE
COMMERCIAL EXCAVATION
COMMERCIAL TRADES OPERATION
COMMERCIAL/SPECIAL PURPOSE VEHICLE
COMMUNITY SOLAR ENERGY SYSTEM
COMPACT HOME
COMPREHENSIVE PLAN
CONSERVATION SUBDIVISION
CONVENIENCE STORE
CONVERSION
COVERAGE
DANCE HALL
DAY-CARE CENTER
DAY CARE, IN-HOME
DENSITY
DISTURBANCE
DRIVING RANGE
DWELLING
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
DWELLING UNIT, ACCESSORY (ADU)
EXCAVATION
FAMILY
FARM
FARM MARKET
FARMSTAND
FENCE
FIRE/EMERGENCY RESPONSE STATION
FLEA MARKET or FARMERS' MARKET
FLOODPLAIN
FLOOR AREA
FOOD TRUCK
FOOD TRUCK OPERATOR
FRONTAGE
FUNERAL PARLOR
GARAGE SALE
GLARE
GREENHOUSE
GROCERY STORE
HARMONIZE
HILLTOP
HISTORIC PRESERVATION
HOME OCCUPATION
HOME OCCUPATION 1 (HO1)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
HOME OCCUPATION 2 (HO2)
(1)
(2)
(3)
(4)
(5)
HOME-BASED BUSINESS
HORSE BOARDING OPERATION
HORSE FARM
HOSPITAL
HOTEL
IMPERVIOUS SURFACE
INDUSTRIAL, LIGHT
JUNK VEHICLE
(1)
(2)
(3)
KENNEL, BOARDING
KENNEL, BREEDING
LAND USE ACTIVITY
LAUNDROMAT
LIBRARY
LINE, STREET
LIVESTOCK
LIVING AREA
LOT
LOT, CORNER
LOT, DEPTH OF
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, WIDTH OF
MANUFACTURED HOME
MANUFACTURING
MINIATURE GOLF
MIXED USE
MIXED-USE PROPERTY
MOBILE HOME
MOBILE HOME PARK
MODULAR HOME
MORTUARY
MOTEL
MOTOR VEHICLE
MOTOR VEHICLE FUELING STATION
MOTOR VEHICLE REPAIR SHOP
MOTOR VEHICLE SALES
MULTI-BUSINESS COMPLEX, SHOPPING CENTER, MALL
MUSEUM
NET METERING
NEW YORK STATE CERTIFIED AGRICULTURAL DISTRICT
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
NURSING HOME
OFFICE, PROFESSIONAL
OFFICIAL MAP
OPEN SPACE
PERSONAL SERVICE
PLACE OF WORSHIP
POND
PREMISES
PRIVATE RECREATION AREA
PRIVATE SCHOOL
PUBLIC PARK
RAVINE
RESEARCH
RESTAURANT (NO DRIVE-THROUGH)
RESTAURANT (WITH DRIVE-THROUGH)
RETAIL USE, RETAIL BUSINESS, STORE OR SHOP
RETIREMENT HOME
RIDGELINE
RIGHT-OF-WAY
SAWMILL
SEASONAL CAMP
SELF-STORAGE UNITS
SEQRA
SHORT-TERM RENTAL
SIGN
SIGN, ANIMATED
SIGN, FEATHER FLAG, TEAR DROP, BLADE FLAG
SIGN, FREESTANDING
SIGN, ILLUMINATED
SIGN, PORTABLE
SIGN, REAL ESTATE
SIGN, SANDWICH BOARD
SIGN, TEMPORARY
SIGN, WALL
SIGN, WINDOW OR DOOR
SMALL BUSINESS OPERATION (SBO)
SOCIAL, RECREATIONAL OR FRATERNAL CLUB
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM, GROUND-MOUNTED ON-SITE CONSUMPTION
SOLAR ENERGY SYSTEM, LARGE-SCALE
SOLAR ENERGY SYSTEM, ROOF-MOUNTED
SOLAR PANEL
SPECIAL USE
STABLE, COMMERCIAL
STABLE, PRIVATE
STREET
STREET, COLLECTOR
STREET, MAJOR ARTERIAL
STREET, MINOR ARTERIAL
STRUCTURE
STRUCTURE, ACCESSORY
SUBDIVISION
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SURFACE AREA COVERAGE
TAG SALE
TELECOMMUNICATIONS TOWER
TEMPORARY BUSINESS TRAILER
TEMPORARY HOUSING
THEATER
TOWN USE
TRUCK TERMINAL
USE
USED MOTOR VEHICLE
VARIANCE
VARIANCE, AREA
VARIANCE, USE
VETERINARY HOSPITAL
WAREHOUSE
WHOLESALE STORE
YARD, FRONT
YARD, REAR
YARD SALE
YARD, SIDE
ZONING ENFORCEMENT OFFICER
As used in this chapter, the following terms shall have the meanings
indicated:
See "dwelling unit, accessory."
[Added 8-8-2023 by L.L.
No. 4-2023]
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
See Chapter 60 of the Code of the Town of New Lebanon.
See definition for "agricultural data statement" in New York
Agriculture and Markets Law § 301.
[Amended 7-14-2020 by L.L. No. 1-2020; 11-10-2020 by L.L. No. 3-2020]
A farm operation, as defined in New York State Agriculture
and Markets Law § 301.
[Amended 8-11-2015 by L.L. No. 6-2015; 11-10-2020 by L.L. No. 3-2020]
Activities conducted on a farm 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 agritourism
activity shall be secondary to the primary farm use. Agritourism activities
may be conducted in an accessory building or structure and include,
but are not limited to, on-farm short-term rentals, farm stay programs,
u-pick operations, pumpkin patches and on-farm wineries, breweries,
cideries, and distilleries.
[Amended 7-14-2020 by L.L. No. 1-2020; 11-10-2020 by L.L. No. 3-2020]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
The regulation of building size, setbacks or yards, parking
and loading requirements and similar regulations, but excluding any
performance standards.
The use of land and/or buildings for the public sale of goods
to the highest bidder. For the purposes of this chapter, such use
shall not include the sale of livestock and shall not be considered
a store.
See "motor vehicle."
A facility designed for the outdoor recreation involving
automobile racing, with or without spectators. For the purposes of
this chapter, this use may include the racing of vehicles such as,
but not limited to, motorcycles, dirt bikes, snowmobiles, jet cars,
trucks and fire trucks.
[Amended 7-14-2020 by L.L. No. 1-2020]
An establishment that accepts deposits, pays interest, clears
checks, makes loans, acts as an intermediary in financial transactions,
and provides other financial services to its customers.
[Added 7-14-2020 by L.L.
No. 1-2020]
Piece of cloth, nylon, synthetic cloth, or similar material
bearing a symbol, logo, slogan or other message, usually in a square
or rectangular shape.
[Added 7-14-2020 by L.L.
No. 1-2020]
Premises used primarily for the sale or dispensing of liquor
by the drink for on-site consumption and where food may be available
for consumption on the premises as accessory to the principal use.[1]
An owner- or operator-occupied dwelling used by fee-paying
guests paying for sleeping accommodation with or without the provision
of meals.
A written agreement issued by a qualified agent, which guarantees
either the performance of a certain agreed-upon activity or an equivalent
consideration if the activity is not completed as required.
A recreational business that accommodates bowling. Food and
beverages may be sold on premises, provided such food and beverage
sales are accessory to the principal use of recreational bowling.
[Amended 7-14-2020 by L.L. No. 1-2020]
Open space, landscape areas, fences, walls, berms or any
combination thereof used to physically separate or screen one use
or property from another use or property so as to visually shield
or block noise, light, or other nuisances.
The space remaining on a legal lot after the minimum yard,
area and bulk requirements have been met.
Any structure other than a boundary wall or fence.
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot therewith.
The amount of land covered or permitted to be covered by
a building or buildings, measured in terms of a percentage of the
total lot area. Such coverage is to be measured at mean grade level
and excludes uncovered porches, terraces, and steps.
The space within which a structure is permitted to be built
on a lot and that is defined by minimum yard setbacks and includes
all disturbances for building, driveways, well and septic systems.
The line of that face of the building nearest the front lines
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from the mean elevation of
the proposed finished grade at the front entrance of the building
to the maximum structural ridge of the roof.
[Amended 7-14-2020 by L.L. No. 1-2020]
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A lot, structure, or building used for the boarding and exiting
of buses, the selling of transport tickets, the incidental sale or
dispensing of food and drink, and the incidental storage of buses.
[Added 7-14-2020 by L.L.
No. 1-2020]
Any lot, or adjoining lots if under the control of one person
or business, including buildings and other structures on such lot,
on which are located five or more campsites, tents, tent houses, trailers,
cabins, camp cottages, vehicles, including recreational vehicles,
or other structures intended for temporary or seasonal overnight occupancy.
Excluded from this definition is the use of the yard of an existing
occupied residence for occasional and irregular overnight camping
by i) family members or guests of the resident or ii) groups (such
as scouts), being hosted by the resident.
A facility or business at which the consumption of cannabis
is allowed pursuant to a lawfully issued license for an adult-use
cannabis on-site consumption location under the NY Cannabis Law[2] and regulations promulgated thereunder.
[Added 8-8-2023 by L.L.
No. 4-2023]
A facility or business engaged in the acquisition, possession,
sale and delivery of cannabis to cannabis consumers pursuant to a
lawfully issued license for an adult-use cannabis retail dispensary
under the N.Y. Cannabis Law and regulations promulgated thereunder,
and not including any licensed adult-use cannabis on-site consumption
facility.
[Added 8-8-2023 by L.L.
No. 4-2023]
A structure containing facilities for washing motor vehicles.
See "telecommunications tower."
A place for the interring of the deceased.[3]
Any land(s), building(s), structure(s), improvement(s), or
equipment used to hold events, such as weddings, parties, meetings,
family reunions, corporate events, and similar gatherings, where any
fee(s) or remuneration(s) are payable or paid therefor to the owner
or operator thereof.
[Added 8-8-2023 by L.L.
No. 4-2023]
The use of land for quarrying, soil mining, the removing
of fill gravel, stone or other earth materials, and for commercial
(sale) purposes.
General contractors, masons, painters, refrigeration contractors,
HVAC contractors, roofers, carpenters, small-scale excavating contractors
and similar operations.
[Added 7-14-2020 by L.L.
No. 1-2020]
Any truck or van used in connection with operating a business.
[Added 7-14-2020 by L.L.
No. 1-2020]
An arrangement that extends net metering to groups of renters,
homeowners, businesses, and municipalities that subscribe to the benefits
of a portion of a solar energy project, of which 75% of the total
capacity of energy generated by the array shall inure to the benefit
of the residents, businesses and/or property owners in the Town of
New Lebanon. This arrangement is also commonly referred to as "Community
Distributed Generation (CDG)." For purposes of regulations, these
systems shall be considered as a large-scale solar energy system.
[Added 7-11-2017 by L.L.
No. 2-2017]
A dwelling unit that is 400 square feet or less, excluding
lofts, that includes complete housekeeping facilities, including for
living, sleeping, eating, cooking, and sanitation, and that complies
with the requirements of the New York State Uniform Fire Prevention
and Building Code,[4] as in effect from time to time, that apply thereto. This
term includes compact homes that are movable, provided that they are
registered with the New York State Department of Motor Vehicles as
may be required, and comply with the American National Standards Institute
(ANSI) standards and National Fire Protection Association (NFPA) standards
applicable thereto as in effect from time to time (e.g., ANSI Standard
No. A119.2, ANSI Standard No. A119.5, NFPA Standard 1192).
[Added 8-8-2023 by L.L.
No. 4-2023]
The long-range plan intended to guide growth and development
of the Town, expressing official policy on the course of its housing,
public utilities, community facilities, transportation and land use
distribution and intensity and adopted according to New York State
Town Law § 272-a.
A subdivision approved by the Planning Board that employs
relaxed area and bulk requirements otherwise applicable so as to provide
open space and natural resource protection. A conservation subdivision
may include clustering but may also be approved for subdivisions involving
as few as two resulting lots.
A freestanding retail store offering primarily packaged groceries
and offering token selections of a wide variety of sundries. Convenience
stores shall be a maximum of 5,000 square feet and shall not include
the dispensing of gasoline or other motor vehicle fuels unless appropriate
approvals for a gas station have been obtained.
A change in use or occupancy of a dwelling.
That percentage of the plot or lot area covered by the building
area, including accessory structures.
[Amended 7-14-2020 by L.L. No. 1-2020]
A structure used for the purpose of dancing where food and
beverages may be provided as accessory use.
A place other than an occupied residence, providing or designed
to provide day care for any number of individuals.
Daytime care or instruction of three or more individuals
away from their own homes conducted in a residence for more than three
but less than 24 hours per day on a regular basis by an individual,
association, corporation, institution or agency, whether or not for
compensation. Day care is an HO2 or HO3 use.
The ratio of lot area per family or dwelling unit on a lot.
All land preparation activities involving the movement, placement,
removal, transfer or shifting of soil and/or vegetation, including
but not limited to clearing, draining, filling, grading, regrading
or the building of structures or the placement of improvements on
land, including the construction of individual sidewalks, paths, roads
or driveways. The condition of land disturbance shall be deemed to
continue until the area of disturbance is returned to its original
state or to a state complying with a permit for such disturbance granted
in accordance with this chapter.
A tract of land used for practicing golf shots, especially
drives, where clubs and balls may or may not be available for rent.
[Added 7-14-2020 by L.L.
No. 1-2020]
A building designated or used as the living quarters for
one or more families.
A dwelling or group of dwellings on one plot containing separate
living units for three or more families for lease or rent only.
A detached building designed for or occupied exclusively
by one family.
A building designed for or occupied exclusively by two families
living independently of each other.
A building or portion thereof providing complete housekeeping
facilities for one family.
A dwelling unit that is an accessory use to a one-family
dwelling, two-family dwelling, or multifamily dwelling located on
the same lot, and which has independent living facilities, permanent
provisions for sleeping, cooking, and sanitation, and has an entrance,
all of which are separate and independent from the one-family dwelling,
two-family dwelling, or multifamily dwelling. An ADU may be within,
attached to, or detached from the one-family dwelling, two-family
dwelling, or multifamily dwelling.
[Added 8-8-2023 by L.L.
No. 4-2023]
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
One or more persons maintaining a common household.
[Amended 7-14-2020 by L.L. No. 1-2020]
A farm operation, as defined in New York State Agriculture
and Markets Law § 301.
[Amended 8-11-2015 by L.L. No. 6-2015; 11-10-2020 by L.L. No. 3-2020]
A permanent year-round structure for the purpose of the retail
sale of farm produce and agricultural products, whether produced on
premises or elsewhere.
A roadside structure, not to exceed 300 square feet and set
back at least 15 feet from the road, which is used seasonally for
the sale of farm produce and agricultural products produced on premises
and which produce/products are immediately accessible to customers
without entering a structure.
[Amended 7-14-2020 by L.L. No. 1-2020]
An artificially constructed barrier or enclosure used to
delineate an area or boundary to screen such area from view and/or
to limit access. Swimming pool enclosures shall require a building
permit.
[Added 6-10-2014 by L.L. No. 1-2014; amended 7-11-2017 by L.L. No. 2-2017]
A facility where fire/emergency vehicles and equipment are
housed.
[Added 7-14-2020 by L.L.
No. 1-2020]
An occasional or periodically held market in an open area
or structure where spaces (e.g., booths, tables, stands, etc.) are
rented or otherwise made available to groups or individual vendors
who offer goods or services for sale to the public, and which may
include live or recorded entertainment and prepared food/beverage
service for on-site consumption. This does not include individual
garage or tag sales.
[Amended 8-8-2023 by L.L. No. 4-2023]
A land area adjoining a river, stream, watercourse, bay or
lake that is likely to be flooded.
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
A mobile food service operation located in a licensed motorized
vehicle or a movable cart, stand, or trailer and from which food and
beverages (prepackaged or prepared and served from the vehicle or
stand) are sold or distributed in individual portions to the general
public directly therefrom for consumption on or off of the premises.
[Added 12-14-2021 by L.L. No. 4-2021]
The owner of a food truck or such owner's agent or employee.
Where the food truck is a motorized vehicle required by law to be
registered, the registered owner of such food truck shall be deemed
a food truck operator.
[Added 12-14-2021 by L.L. No. 4-2021]
That side of the lot nearest the street. A corner lot shall
be considered to have two such frontages.
An establishment with facilities for the preparation of the
dead for burial or cremation; for the viewing of the body; and for
the conduct of funerals.
[Added 7-14-2020 by L.L.
No. 1-2020]
The sale of household items displayed in a yard, garage,
barn or porch of a residence, provided that the items are owned by
the persons conducting the sale, one of whom must be the occupant
of the residence where the sale is being held, and the duration of
the sale is limited to no more than two consecutive weekends. Households
may conduct or participate in such sales no more frequently than once
per six-calendar-month period. "Garage sale" includes "porch sale,"
"yard sale," "tag sale" and all other similar sales.
The effect produced by light with intensity sufficient to
cause annoyance, discomfort, or loss in visual performance and visibility.
[Added 7-11-2017 by L.L.
No. 2-2017]
A building chiefly comprised of a transparent or translucent
material on its roof and/or walls and which is used for cultivating
plants.
[Added 7-14-2020 by L.L.
No. 1-2020]
A commercial establishment for the retail sale of food and
related consumable items.
To arrange different uses, buildings and/or structures in
a pleasing manner.
See "ridgeline."
The protection, rehabilitation and restorations of districts,
sites, buildings, structures and artifacts significant in American
history, architecture, archaeology or culture.
A profession or other occupation conducted within a dwelling
unit by one or more persons residing therein and clearly incidental
to the principal use of the lot for residential purposes and which
does not constitute a home-based business as defined in this chapter.
In particular, a home occupation includes, but is not limited to,
art studios, dressmaking, teaching, offices of a clergyman, lawyer,
landscape architect, physician, dentist, architect, engineer, optician,
realtor, accountant, barbershop, beauty parlor, or similar use, but
shall not include animal hospital or dog kennels, automotive repair
service, restaurant, clinic or hospital or similar use.
[Amended 7-14-2020 by L.L. No. 1-2020]
A home occupation that meets all of the following criteria:
[Amended 7-14-2020 by L.L. No. 1-2020]
No signs are located on the subject property, except as permitted by § 205-17B(11) of this chapter;
The profession or occupation is carried on totally within the
confines of the buildings on the subject property;
The profession or occupation is carried on exclusively by one
or more persons that reside within the dwelling unit;
The profession or occupation will not produce visits to the
property by customers, clients, colleagues, employees, or contractors;
Any deliveries made in connection with the profession or occupation
are made by vehicles that do not exceed the size of typical vehicles
used to deliver mail, parcels, or packages to the residence;
No more than one commercial or special purpose vehicle, which
vehicle shall not exceed 1 1/2 tons in capacity and 24 feet in
length, is parked on the subject property; and
All materials and other equipment used in connection with the
profession or occupation are stored within the principal building
or an accessory building on the property.
A home occupation that does not constitute a Home Occupation
1 (HO1) and that meets all of the following criteria:
[Amended 7-14-2020 by L.L. No. 1-2020]
No signs are located on the subject property, except as permitted by § 205-17B(11) of this chapter;
The profession or occupation is carried on totally within the
confines of the buildings on the subject property;
The profession or occupation is carried on by at least one person
that resides within the dwelling unit and no more than two persons
that do not reside within the dwelling unit;
No more than one commercial or special purpose vehicle, which
vehicle may exceed 1 1/2 tons in capacity and 24 feet in length,
is parked on the subject property; and
All materials and other equipment used in connection with the
profession or occupation are stored within the principal building
or an accessory building on the property.[5]
A business or profession in which various administrative
tasks are conducted on the property by a person residing therein and
which is clearly incidental to the principal use of the lot for residential
purposes, but where the business or profession primarily provides
goods and/or services off-site. Home-based businesses may include,
but are not necessarily limited to, landscapers, plumbing contractors,
electrical contractors, carpenters, painters, and similar professionals/artisans.
[Added 7-14-2020 by L.L.
No. 1-2020]
A commercial horse boarding operation, as defined in New
York State Agriculture and Markets Law § 301.
[Amended 11-10-2020 by L.L. No. 3-2020]
A commercial equine operation, as defined in New York State
Agriculture and Markets Law § 301.
[Added 11-10-2020 by L.L. No. 3-2020]
Unless otherwise specified, the term "hospital" shall be
deemed to include sanitarium, preventorium, clinic, rest home, nursing
home, convalescent home, and any other place for the diagnosis, treatment
or other care of human ailments.
A building containing more than five rooms for sleeping purposes
which are used or rented by fee-paying guests and where only a general
kitchen and dining room are provided within the building or in an
accessory building.
Any material that prevents absorption of stormwater into
the ground.
Includes limited manufacturing, wholesaling, warehousing,
research and development, and related commercial/service activities
such as beverage bottling, distribution and warehousing; distribution
centers; ice production, storage, sales and distribution; laboratories
for research, testing and experimental purposes; machine shops; manufacture
of computers, computer peripherals, electrical appliances, electronic
equipment, medical instruments, and other similar products from previously
manufactured components; manufacture of precision instruments and
equipment such as watches, electronics equipment, photographic equipment,
optical goods and similar products; manufacturing of articles or merchandise
from previously prepared or natural materials such as cardboard, cement,
cloth, cork, fiber, glass, leather, paper, plastics, wood, metals,
stones and other such prepared materials; printing and publishing.
[Amended 7-14-2020 by L.L. No. 1-2020]
Any vehicle which:
For any reason is incapable, without repair, of being moved
or propelled by application of internal power, if it is a vehicle
originally designed to be propelled by internal power (such as an
automobile, bus, truck, motorcycle, etc.) or is incapable without
repair of being drawn or towed, if it is a vehicle (such as a trailer)
originally designed to be towed or drawn from behind an internally
powered vehicle;
As judged by the standards of an ordinary reasonable person,
is unsightly in appearance because of the existence of one or more
conditions, such as but not limited to the following: deterioration
by rust of the body; deterioration of the exterior finish of the vehicle;
broken windows, absence of component parts of the vehicle (such as
fenders, panels, doors, tires, wheels, grille, roof, tailgate); physical
parts of the vehicle; absence of interior components (such as seats,
dashboard, interior door moldings, etc.); or
Is incapable of being moved or propelled, drawn or towed without repair as provided in Subsection (1) above and has remained situated on any real property for a period in excess of 90 days.
A structure used for the harboring of more than three dogs
that are more than six months old, for remuneration.
A structure used for the harboring of more than three dogs
that are more than six months old and without remuneration.
Any construction or other activity which changes the use
or appearance of land or a structure or the intensity of use of land
or a structure. "Land use activity" shall explicitly include, but
not be limited to, the following: new structures, expansions to existing
structures, new uses, changes in or expansions of existing uses, roads,
driveways, and excavations for the purpose of extracting soil or mineral
deposits. This shall include, but is not limited to, residential structures,
commercial buildings, residential or commercial accessory structures,
signs, parking lots, communications towers, mines, roads, ponds, and
windmills.
[Amended 7-14-2020 by L.L. No. 1-2020]
An establishment providing washing, drying or dry-cleaning
machines on the premises for rental use to the general public.
A facility that houses a collection of books or other written,
printed or digital material, including manuscripts and pamphlets,
posters, photographs, motion pictures, and videotapes, sound recordings,
and computer databases and that may sponsor or hold community events,
such as concerts, seminars, talks, fundraising events, and similar
events.
[Added 7-14-2020 by L.L.
No. 1-2020]
The dividing line between the street and the lot.
Animals considered livestock under the New York State Agriculture
and Markets Law, including cattle, sheep, hogs, goats, horses, poultry,
ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed
buffalo, fur-bearing animals, and wool-bearing animals, such as alpacas
and llamas.
[Amended 11-10-2020 by L.L. No. 3-2020]
The interior habitable area of a dwelling unit, including
basements and attic spaces lawfully used as habitable space, and excluding
garages and accessory structures.
[Added 8-8-2023 by L.L.
No. 4-2023]
A parcel of land occupied or capable of being occupied by
one building or use and the necessary buildings or uses customarily
incident to it, including such open spaces as are required by this
chapter.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
The mean distance from the street line of the lot to its
opposite rear line measured in the general direction of the side lines
of the lot.
Any line dividing one lot from another.
The line of the lot located at the street right-of-way.
The lot line most nearly opposite the front lot line and
the one most parallel and closest to the front line.
Any lot line not a front lot line or a rear lot line is a
side lot line.
The horizontal distance between the side lines of a lot measured
a right angles to its depth along a straight line parallel to the
front lot line at the minimum required setback line.
A structure, intended primarily for residential occupancy
that is transportable in one or more sections. In traveling mode,
the home is eight feet or more in width and 40 feet or more in length.
A manufactured home is one that was built after June 15, 1976, and
is designed and constructed to the Federal Manufactured Construction
and Safety Standards and is so labeled. Manufactured homes do not
include modular homes, travel trailers or recreational vehicles or
trailers.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials, such as oils, plastics, resins, or liquors.
A game modeled on golf played with a putter on a short grassless
course that may include obstacles.
[Added 7-14-2020 by L.L.
No. 1-2020]
A use of property consisting of two or more constituent uses,
each of which are permitted in the zoning district in which the property
is located (including, as may be applicable, any overlay district).
In the event a mixed use property is located within more than one
zoning district, any constituent use thereof must be physically located
within a zoning district in which such constituent use would otherwise
be permissible and within which mixed use is permissible.
[Added 8-8-2023 by L.L.
No. 4-2023]
A property on which a mixed use is conducted.
[Added 7-14-2020 by L.L.
No. 1-2020; amended 8-8-2023 by L.L. No. 4-2023]
A manufactured home built prior to June 15, 1976.
Facilities for the locating for residential occupancy of
two or more manufactured or mobile homes on a permanent or transient
basis.
A structure designed primarily for residential occupancy
that is substantially fabricated in a factory and designed for permanent
installation on a permanent foundation to form a permanent single-family,
townhouse or multifamily unit and which meets all New York State requirements
and standards concerning factory-manufactured homes and conforms to
the New York State Uniform Fire and Building Codes.
A place for the storage of human bodies prior to their burial
or cremation.[6]
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or living quarters with
direct outside access and related office, and with or without restaurant
facilities, designed primarily for transient travelers, and provided
with the accessory off-street parking facilities. The term "motel"
includes buildings designed as tourist courts, motor lodges, auto
courts, and other similar appellations, but shall not be construed
to include parking areas for house trailers or mobile homes or to
include dwelling units, except for that of the owner or manager.
[Added 7-14-2020 by L.L.
No. 1-2020]
Any device that is designed, manufactured or modified to
be as a self-propelled conveyance of persons or objects by any power
other than muscular power, including automobiles, cars and trucks.
Vehicles, such as a trailer, that are designed to be towed or drawn
from behind an internally powered vehicle and that are subject to
registration are included in this definition.
[Amended 7-14-2020 by L.L. No. 1-2020]
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubricating,
washing or otherwise servicing motor vehicles, but not including the
painting thereof by any means.
A building, premises, and land in which or upon which a business
involving the maintenance, servicing, repair, or painting of motor
vehicles is conducted.
The use of any building, land area or other premises for
the display and sale of new or used motor vehicles and including any
vehicle preparation or repair work conducted in connection with such
sales.
A structure or series of connected structures that contains
three or more businesses.
[Added 7-14-2020 by L.L.
No. 1-2020]
An organized institution, including but not limited to halls
of fame, zoos, aquariums, botanical gardens and arboretums, that is
essentially educational or aesthetic in purpose, with professional
staff, which ordinarily owns, exhibits, maintains, and/or utilizes
artifacts, art, and/or specimens, including nontangible electronic,
video, digital and similar art, cares for them, and exhibits them
to the public on some regular schedule.
[Added 7-14-2020 by L.L.
No. 1-2020]
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
[Added 7-11-2017 by L.L.
No. 2-2017]
Is a district created under Article 25-AA of the Agriculture
and Markets Law with the intent to provide for the protection and
enhancement of agricultural land as a viable segment of the local
economy and environmental resource of major importance.
A lawfully existing building or structure which does not
conform to the area setback regulations of the district in which it
is located.
A lawfully existing lot which does not conform to the area
regulations (minimum lot width and/or lot size) of the district in
which it is located.
A lawful use of a structure, building or land which does
not conform to the use regulations of the district or zone in which
it is situated.
Premises which provide lodging, meals and continuing nursing
care for compensation to convalescent or chronically ill persons.
The term "nursing home" shall include convalescent home and rest home.
An office devoted to a professional service occupation, in
which knowledge in some department of science or learning is applied
to the affairs of others, either advising or guiding them, or otherwise
serving their interest or welfare through the practice of a profession
founded on such knowledge.
The map established by the Town Board under New York State
Town Law § 270 showing streets, highways and parks.
Land left in a natural state for conservation and agricultural
purposes or land landscaped for scenic purposes, devoted to active
or passive recreation, or devoted to the preservation of distinctive
architectural, historic, geologic or botanic sites. The term shall
not include land that is paved, used for the storage, parking or circulation
of automobiles, or occupied by any structure. Open space may be included
as a portion of one or more large lots, or may be contained in a separate
open space lot, but shall not include private yards within 50 feet
of a principal structure.
An establishment primarily engaged in providing services
involving the care of a person or his or her personal goods or apparel,
such as a beautician, barber, tailor, or massage therapist.
[Amended 7-14-2020 by L.L. No. 1-2020]
A building or structure, or group of buildings or structures,
that by design and construction is primarily intended for conducting
organized religious services and associated accessory uses.
[Added 7-14-2020 by L.L.
No. 1-2020]
A body of water that has a depth of three feet or more below
surrounding ground elevation.
[Added 7-14-2020 by L.L.
No. 1-2020]
A lot, parcel, tract, or plot of land together with the buildings
and structures thereon.
The use and ownership of land or structures by an organization,
catering exclusively to members and their guests, used for recreational
and athletic purposes (including archery or firearm activities), and
not involving vending or merchandising or other commercial activities
except as required generally for the membership and purposes of such
organization.
Private profit or nonprofit facility designed and used primarily
as an educational institution, providing teaching and classes for
its enrollees, with or without sleeping and eating facilities for
the employees and enrollees.
A property or structures designated for public access with
or without a fee. A park owned and/or operated by the Town shall be
considered a Town use.
[Added 7-14-2020 by L.L.
No. 1-2020]
A valley with sharply sloping walls created by the action
of stream waters or any other natural effect.
[Amended 7-14-2020 by L.L. No. 1-2020]
An establishment or other facility for carrying on investigation
in the natural, physical, or social sciences, which may include engineering
and product development.
[Amended 7-14-2020 by L.L. No. 1-2020]
Any structure having as a principal use the preparation and
dispensing of foods and beverages for consumption on the premises
or elsewhere (takeout), whether food is served upon order or taken
by self-service and where there are no facilities for drive-through
service.
[Amended 7-14-2020 by L.L. No. 1-2020]
An establishment where food and/or beverages are sold in
a form ready for consumption, where some portion of the consumption
takes place or is designed to take place outside the confines of the
restaurant, and where ordering and pickup of food may take place outside
the building.
[Amended 7-14-2020 by L.L. No. 1-2020]
Traditional establishments, such as florists, lumber and
hardware stores, pharmacies, grocery stores, convenience stores, stationery
stores, bookstores, video rental stores, clothing stores, department
stores, shoe stores, antique stores, etc., that sell goods or merchandise
to the general public for personal or household consumption.
[Amended 7-14-2020 by L.L. No. 1-2020]
Any age-restricted development, which may be in any housing
form, including detached, and attached dwelling units, apartments,
and residences, offering private or semiprivate rooms.
The highest elevation of a line of hills.
A strip of land acquired by reservation, dedication, prescription,
or condemnation and intended to be occupied by a street, crosswalk,
railroad, electrical transmission lines, oil or gas pipelines, waterline,
sanitary line, storm sewer line, or other similar uses, and which
exists for the purpose of allowing passage over the property of another.
An establishment engaged in the manufacture of lumber and
lumber products from raw uncut timber.
Parcel of land used for the temporary use of travel trailers,
tents, campers, cabins, etc.
A land use consisting of rental of storage space for personal
property, business property or recreational vehicles in a warehouse
building or multi-sized individual units.
[Added 7-14-2020 by L.L.
No. 1-2020]
The State Environmental Quality Review Act (Environmental
Conservation Law, Article 8).
The rental or lease of any dwelling space within a residential
property to transient fee-paying guests for a period of 30 consecutive
days or less, but not including spaces that are rented for an aggregate
total of 30 days or less over a 365-day period or a single dwelling
space (e.g., bedroom) within an owner-occupied residence. Such residential
properties may or may not be owner- or operator-occupied. The short-term
rental arrangement may or may not include provision of one or more
meals. The short-term rental use only includes occupancy; other activities
such as group gatherings (e.g., weddings) are a separate use.
[Added 11-10-2020 by L.L. No. 3-2020]
Any device, including but not limited to letters, words,
numbers, figures, emblems, logos, pictures or any combination of these,
located out of doors or outside or on the exterior of any building,
or affixed to the inside or outside of glass windows and doors, used
for visual communication intended to attract the attention of the
public and visible to the public right-of-way and/or other properties.
Notwithstanding anything else in the foregoing to the contrary, the
term "sign" does not include signs erected and maintained pursuant
to and in furtherance of a governmental function or that are required
by any law, ordinance, rule or regulation, on-site traffic control,
circulation, parking, safety, and related signs, and signs demarking
the boundaries of a property, such as "No Trespassing" or "Posted"
signs.
[Amended 10-11-2016 by L.L. No. 3-2016; 7-14-2020 by L.L. No. 1-2020]
A sign or any portion thereof having movement effected by
mechanical or natural means, including, but not limited to, blinking,
flashing and general intermittent light, as opposed to light of a
constant intensity and value.
[Added 7-14-2020 by L.L.
No. 1-2020]
A sign typically constructed of a single plastic or metal
shaft driven in the ground with an attached pennant that is vertically
elongated and attached to the shaft and which is typically shaped
as a feather, tear drop or blade.
[Added 7-14-2020 by L.L.
No. 1-2020]
Any sign not attached to or part of any building but separate
and permanently affixed by any other means, in or upon the ground.
[Added 7-14-2020 by L.L.
No. 1-2020]
Any sign illuminated by electricity, gas or other artificial
light either from the interior or exterior of a sign.
[Added 7-14-2020 by L.L.
No. 1-2020]
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not structurally attached to the ground,
a building, a structure or another sign, including sidewalk signs.
[Added 7-14-2020 by L.L.
No. 1-2020]
A sign not exceeding six square feet in surface area and
located not closer than six feet from any roadway that indicates that
the premises on which it is located is for sale or for lease.
[Added 7-14-2020 by L.L.
No. 1-2020]
A portable sign constructed in such a manner as to form an
"A" or tent-like shape, whether hinged or not at the top.
[Added 7-14-2020 by L.L.
No. 1-2020]
Any sign, except a real estate sign, that is not permanently
affixed to a building or the ground.
[Added 7-14-2020 by L.L.
No. 1-2020]
A sign which is painted on or attached to the outside wall
of a building with the face of the sign in the plane parallel to such
wall.
[Added 7-14-2020 by L.L.
No. 1-2020]
Any sign visible from a sidewalk, street, parking area or
driveway or other public space that is painted or affixed to the inside
or outside of glass or other material.
[Added 7-14-2020 by L.L.
No. 1-2020]
A retail business that manufactures what is sold on premises.
This category encompasses minimum to moderately sized retailing/manufacturing
enterprises in commercial zones. The combination of retailing and
manufacturing is the essential characteristic of the SBO, although
it is understood that portions of what is produced on site may be
sold online, wholesale or at external markets. SBOs are intended to
include craft shops where artisans engage primarily in the handcrafted
manufacture of small items, such as pottery, jewelry, weaving, custom
woodwork, baskets, ceramics, clothing, flower arrangements, metalwork,
musical instruments, paintings, sculpture, toys, soaps, candies and
baked goods. An SBO may sell accessories, supplies and incidental
items not produced on the premises, provided that no more than 20%
of retail floor space is used for such sales. Other uses consistent
with the uses enumerated above shall be at the discretion of the Zoning
Enforcement Officer with appeal to the Zoning Board of Appeals.
[Added 8-11-2015 by L.L.
No. 6-2015]
A group of people organized for a common purpose to pursue
common goals, interests, or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
[Added 7-11-2017 by L.L.
No. 2-2017]
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
[Added 7-11-2017 by L.L.
No. 2-2017]
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of on-site consumption.
[Added 7-11-2017 by L.L.
No. 2-2017]
A solar energy system that is ground mounted and produces
energy primarily for the purpose of off-site sale or consumption.
This system may also be referred to as a "solar farm."
[Added 7-11-2017 by L.L.
No. 2-2017]
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
[Added 7-11-2017 by L.L.
No. 2-2017]
A device that relies upon solar radiation as an energy source
for the generation of electricity or transfer of stored heat.
[Added 7-11-2017 by L.L.
No. 2-2017; amended 7-14-2020 by L.L. No. 1-2020]
A land use which is deemed permissible within a given zoning
district or districts but which may have the potential to exhibit
characteristics or create impacts incompatible with the purposes of
such district. The special use shall, therefore, be subject to approval
by the Planning Board in accordance with conditions set forth for
such use, as well as other applicable provisions of this chapter.
[Amended 7-14-2020 by L.L. No. 1-2020; 12-14-2021 by L.L. No. 4-2021]
A building in which horses are quartered, with remuneration.
A building in which horses are quartered, without remuneration.
A public or private way that affords the principal means
of access to abutting structures.
A street that collects traffic from local streets and connects
with minor and major arterials.
A street with access control, channelized intersections,
and restricted parking and that collects and distributes traffic to
and from minor arterials.
A street with signals at important intersections and stop
signs on side streets and that collects and distributes traffic to
and from collector streets.
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, mobile homes,
walls, fences and signs.
[Amended 7-14-2020 by L.L. No. 1-2020]
Any structure designed to accommodate an accessory use but
detached from the principal structure, such as a freestanding garage
for vehicles accessory to the principal use, a storage shed, garden
house or similar facility.
The division of any parcel of land into two or more lots, with or without streets or highways, including subdivision of a single property previously separated by a road that meets all zoning requirements. Such division shall include resubdivision of parcels of land for which an approved plat or deed has already been filed in the office of the County Clerk. The term "subdivision" may include any alteration of lot lines or dimensions of any lots (i.e., lot line adjustment). They shall not be in conflict with any provision or portion of the Comprehensive Plan, the Official Map or Chapter 205, Zoning, or these regulations.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots, or any subdivision
requiring any new street or extension of municipal services. Any minor
subdivision resubdivided into five or more lots within a five-year
period becomes a major subdivision.
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or extension of
municipal facilities, and may include the alteration of lot lines
or dimensions of any lots (i.e., lot line adjustment) with no additional
lots being created.
The aggregate total of the dimensions of each solar panel
face that comprise a solar energy system, irrespective of the angle
at which the solar panels are mounted or the space between them.
[Added 7-11-2017 by L.L.
No. 2-2017]
See "garage sale."
Any structure greater than 35 feet in height which is capable
of receiving and/or transmitting signals (for the purpose of communication)
for commercial purposes.[7]
A mobile structure used for facilitating a project or event.
It may contain office space, storage space or facilities specific
to and for the duration of the project or event.
[Added 7-14-2020 by L.L.
No. 1-2020]
A mobile or manufactured home, including a recreational vehicle,
that is sited on an approved lot and used as a single-family residence
or a period of time not to exceed 12 months.
[Added 7-14-2020 by L.L.
No. 1-2020]
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical, or other live performances.
Any structure, building or land use activity that directly
relates to the administration or performance of Town of New Lebanon
functions, pursuant to the Town Code, Town budget, or resolutions
passed by the Town Board.
[Added 7-14-2020 by L.L.
No. 1-2020]
An area and building where trucks load and unload cargo and
freight and where the cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Any previously owned motor vehicle that is for sale, meets
state inspection requirements and is ready to be driven by a customer.
A modification of the use and/or area and bulk regulations
of this chapter in an individual case where, due to specific facts
and conditions peculiar to a particular property, literal application
and strict enforcement would result in undue and unnecessary hardship
or practical difficulty that would deprive the owner of a reasonable
use of the land or structure. Such unnecessary hardship or practical
difficulty shall not be construed to include mere inconveniences or
a desire to make more money.
A variance from the area and bulk requirements or supplementary
regulations of a related character (such as amount, size, location
of design or access, off-street parking, landscaping, signs) to authorize
on a specific lot a permitted use which could not feasibly be established
without relief from one or more of the dimensional requirements pertaining
to the district.
A variance from the use regulations to allow the establishment
on a specific lot of a use otherwise prohibited in the district.
A facility for the care and treatment of injuries and diseases
of animals and operated by a licensed veterinarian.
A building used primarily for the storage of goods and materials.
A facility designed for the storage and sale of goods and
merchandise, in quantity and primarily for sale to retail merchants.
An open unoccupied space on the same lot with the building
between the front line of the building and the front line of the lot
and extending the full width of the lot.
An open unoccupied space on the same lot with the building
between the rear line of the building and rear line of the lot and
extending the full width of the lot.
See "garage sale."
An open unoccupied space on the same lot with the building
situated between the building and the side lot line of the lot and
extending from the front yard to the rear yard. Any lot line not a
rear line or a front line shall be deemed a side line.
Person(s) authorized to enforce this chapter.
[1]
Editor's Note: The former definition of "bed-and-breakfast,"
as amended, which immediately followed this definition, was repealed 11-10-2020 by L.L. No.
3-2020.
[2]
Editor's Note: See Chapter 7-a of the Consolidated Laws.
[3]
Editor's Note: The former definition of "church," which immediately
followed this definition, was repealed 7-14-2020 by L.L. No. 1-2020.
[5]
Editor's Note: The former definition of "home occupation 3
(HO3)," added 7-14-2020 by L.L. No. 1-2020, and which immediately
followed this definition, was repealed 12-14-2021 by L.L. No. 4-2021.
[6]
Editor's Note: The former definition of "motel/hotel," which
immediately followed this definition, was repealed 7-14-2020 by L.L.
No. 1-2020.
[7]
Editor's Note: The former definition of "temporary mobile
home," which immediately followed this definition, was repealed 7-14-2020
by L.L. No. 1-2020.
