In order to provide adequate space for access of light and circulation
of air, to facilitate the prevention and fighting of fires, to prevent
undue concentration of population, and to lessen congestion on streets,
no building or premises shall be erected, altered or used except in
accordance with the standards set forth in this article. Table B,
Schedule of Bulk Regulations, shall be deemed a part of this article.[1]
[1]
Editor's Note: Table B, Schedule of Bulk Regulations, is included as an attachment to this chapter.
A.
Applicability. These provisions shall apply to any subdivision, site
plan, or special use permit application proposing the development
of residential uses.
B.
Calculation. Wherever the phrase "lot area," "minimum lot area,"
or "minimum lot size" or a similar term appears in this Zoning Law,
such phrase shall be deemed to be based upon net acreage after exclusion
of the following lands:
(1)
The one-hundred-year floodplain as defined by the Federal Emergency
Management Agency (FEMA) Flood Hazard Boundary Maps as those maps
now exist or as they may be amended from time to time.
(2)
Wetlands, including New York State designated wetlands, but excluding
the one-hundred-foot buffer, and wetlands regulated by the U.S. Army
Corps of Engineers or any successor agency, all as those wetlands
now exist or as may be found to exist.
(3)
Lands covered by natural or constructed water bodies, including,
without limitation, retention and detention basins.
(4)
Steep topography in excess of 25% slopes. For topography between
the slope ranges of 15% and 25%, 50% of said land area shall be excluded
from the calculation of minimum lot area.
C.
Density. The net acreage that is determined to be available after exclusion of the types of lands set forth in Subsection B above shall be calculated and the resultant permissible density based upon the net acreage shall be one dwelling unit per minimum lot size. All density calculations shall be rounded to the nearest whole number.
A.
Lot frontage; exceptions. The minimum lot frontage shall not be less than 75% of the required lot width, or 50 feet, whichever is greater, except that these regulations shall not apply to flag lots as set forth in Subsection B below, or to any lot where a variance from § 280-a of the New York State Town Law has been approved by the Zoning Board of Appeals or unless said lot is located in an open development area established by resolution of the Town Board as per § 280-a of Town Law.
[Amended 9-16-2021 by L.L. No. 1-2021]
B.
Flag lots. Within the R or WP District, a flag lot is permitted,
provided that:
(1)
The Planning Board finds that the character of the land precludes
typical subdivision development, or a unique and desirable lot can
be created.
(2)
The creation of a flag lot is not to circumvent typical subdivision
with internal street development and does not negatively impact continuing
use of agricultural land.
(3)
The proposed lot has a minimum lot frontage of 25 feet, a minimum
lot width of 25 feet through the "pole" part of the flag lot, and
meets the required minimum lot width applicable to the district in
which the lot is located within the flag portion of the lot.
(4)
The minimum required lot area and required yard dimensions are met
where the portion of the lot complies with the required minimum lot
width.
C.
Principal buildings.
[Amended 5-21-2015 by L.L. No. 2-2015]
(1)
Except as allowed elsewhere in this Zoning Law and this Subsection C, no more than one principal building or one principal use shall be located on an individual lot.
(2)
Dwellings constructed on individual residential lots shall be oriented
in a manner so that the front door faces the public street on which
the lot fronts, except in the R and WP Districts where lot configuration
and topography screen the residence from said street.
(3)
Building size limitations. The following limitations shall apply
to any principal building occupied by nonresidential and mixed uses.
Said limitations shall not apply to agricultural operations:
|
Zoning District
|
Maximum Building Footprint-Nonresidential and Mixed Use
(square feet)
|
Maximum Gross Floor Area
(square feet)
|
Multiple Uses Permitted in Principal Building
|
|---|---|---|---|
|
H-BUS
|
6,000; more than 1 building is allowed on an individual lot.
At the discretion of the Planning Board, exceptions may be made
if the facades of larger buildings are articulated to appear as multiple
buildings, each with a maximum building footprint of 6,000 square
feet.
|
12,000
|
In the H-BUS District, more than 1 principal use is allowed
within a principal building. Buildings can be designed for multiple
uses, with offices and/or residential units on upper stories.
|
|
H-MS
|
6,000; more than 1 building is allowed on an individual lot
|
12,000
|
In the H-MS District, more than 1 principal use is allowed within
a principal building. Buildings can be designed for multiple uses,
with offices and/or residential units on upper stories.
|
|
H-CR, H-R, H-B, H-PC
|
5,000
|
Not applicable
|
Not applicable
|
|
R
|
12,000
|
12,000 square feet
|
Not applicable
|
(4)
Bulk requirements for multiple buildings on the same lot. Except as may be regulated elsewhere herein for certain special uses, where more than one principal building is permitted on a lot as set forth in Subsection C(3) above, no principal building shall be closer to any other principal building on the same lot than the height of the taller of the adjoining buildings, provided that the minimum distance between any adjoining buildings shall be 25 feet. All other bulk requirements for the applicable zoning district shall apply.
D.
Required yards. Required yards shall be met on the same lot as the
principal building or use.
E.
Corner lots and through lots. Corner lots shall be deemed to have
two front yards, one side yard and one rear yard. During subdivision
or site plan review, the Planning Board shall determine to which street
a lot shall front and have access, taking into consideration the existing
or anticipated traffic on each road and the ability of the occupant
to exit safely to either street. For corner lots not involving site
or subdivision plan review, the Zoning Enforcement Officer shall determine
to which street a building shall front and have access. Lots in subdivisions
shall be designed to avoid creation of through lots, i.e., lots that
extend from street to street. Where the Planning Board approves a
through lot, the required rear yard dimension shall be no less than
the required front yard dimension. The Planning Board may require
a vegetative buffer to screen views of the rear yard from the street
to which it faces.
F.
Sight distance at intersections. For the purpose of minimizing traffic
hazards at street intersections, no obstruction between a height of
2 1/2 feet and 10 feet above the adjacent center-line elevation
shall be planted, placed, erected, or maintained within an area formed
by the intersecting pavement lines, or their projections where corners
are rounded, and a straight line joining the pavement lines at points
50 feet distant from their point of intersection.
G.
Yard requirements involving irregular buildings and lot lines. Where
structures or lot lines are irregular in configuration, all points
on the structure shall satisfy the minimum yard requirements from
the point on the lot line which is the shortest distance and perpendicular
to the structure.
H.
Height exceptions. The maximum height requirements set forth in Table
B, Schedule of Bulk Regulations,[1] shall not apply to the following: flagpoles, radio or television antennas, solar energy systems, transmission towers or cables, spires or cupolas, chimneys, elevator or stair bulkheads, penthouses, parapets or railings, water tanks or cooling towers, or a similar structure. Structures located atop a roof shall not exceed 10% of the roof area of the building. Barns, silos and other structures used in an agricultural operation shall not be subject to the maximum height requirements set forth in Table B, Schedule of Bulk Regulations (refer also to § 275-20). Wind energy and communication facilities/towers are not exempt from the height regulations set forth in this Zoning Law.
[1]
Editor's Note: Table B, Schedule of Bulk Regulations, is included as an attachment to this chapter.
I.
Utility lines. Unless waived by the Planning Board, all new utility
lines shall be placed underground. Utilities include water, sewer,
storm drainage, telephone, cable, electricity, gas, and wiring for
streetlights.
Every building shall have access to a public road, or access
to an approved private road, and all structures shall be so located
on lots as to provide safe and convenient access for emergency vehicles
as required by § 280-a of the New York State Town Law. The
design of all new roads and intersections shall be approved by the
Town Highway Department and/or Town Engineer.
A.
Accessory uses. Accessory uses shall be compatible with the principal
use and shall not be established prior to the establishment of a principal
use.
B.
Accessory structures. Except as otherwise permitted herein, accessory
structures are subject to the following requirements:
(1)
No accessory building shall be permitted within a front yard. No
accessory structure shall be permitted within a front yard except
for mailboxes, decorative light poles, landscaping elements, or fixtures
and other minor accessory structures.
(2)
No accessory structure shall be permitted within a required side
or required rear yard, except that a shed or other accessory structure
used only for storage or other passive use may be located in a required
side or required rear yard, subject to the following:
(3)
No accessory structure shall exceed 21 feet in height.
(4)
In a hamlet district, the building footprint of a structure accessory
to a residential use shall not exceed 1,200 square feet.
[Amended 5-21-2015 by L.L. No. 2-2015]
C.
Fences and walls.
(1)
Fences and walls six feet in height or less shall be permitted within
a required rear or side yard.
(2)
Fences and walls four feet in height or less shall be allowed in a front yard; provided, however, that fences and walls shall be required to conform to § 275-17F, Sight distance at intersections.
(3)
Fences and walls shall have their finished face directed to the abutting
property. The face of the fence and wall shall be maintained, provided
that if the abutting property owner does not provide access for such
maintenance, the property owner shall be relieved of the obligation
for maintaining the finished face of the fence or wall.
(4)
Customary wire, board or split-rail fencing associated with an agricultural
use is exempt from these regulations.
(5)
Where an applicant proposes to repair, alter or add to a fence legally in existence prior to the effective date of this Zoning Law, which repair, alteration or addition involves no more than 50% of the length of the entire fence, and said repair or alteration is being installed in a manner which matches the height and design of the existing fence, the CEO is authorized to issue a building permit where the fence does not comply with the requirements set forth in Subsection C(1), (2), or (3) above, provided he finds that issuance of the permit will not result in any health or safety hazard.
[Added 5-21-2015 by L.L.
No. 2-2015]
D.
Temporary buildings.
(1)
No manufactured home or trailer may be used or stored except during
construction of a principal dwelling occurring on the same lot and
subject to issuance of a permit from the Code Enforcement Officer.
Said building shall be removed prior to, and as a condition of, issuance
of a certificate of occupancy for the principal dwelling.
(2)
Construction management and sales office. Construction management
and sales activities may be conducted within a dwelling or trailer.
Sleeping accommodations within said dwelling or trailer are prohibited.
The use of a construction management and sales office shall be reviewed
and approved concurrently with the site plan or subdivision application
for which its use is being sought.
E.
Swimming pools.
(1)
In order to determine the location of the proposed swimming pool
in relation to a property's lot lines and required setbacks, the Building
Inspector may require that the applicant submit a property survey
documenting the proposed location of the swimming pool. The Building
Inspector may require that the survey illustrate the location of existing
buildings and water, electric service, gas and sewer mains and lines,
and the location where pool water will be discharged. Where applicable,
the building permit shall not be issued without Department of Health
approval. Swimming pools shall meet all requirements set forth in
the New York State Building Code.
(2)
Location. A pool is not permitted in any front yard, and may be located
anywhere outside the required side or rear yard, as set forth in Table
B, Schedule of Bulk Regulations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Table B, Schedule of Bulk Regulations, is included as an attachment to this chapter.
(3)
Fencing. Fencing must meet all requirements of the New York State
Building Code.
(4)
Lighting shall not be permitted in, on or about a swimming pool unless
such lighting shines into or upon the pool and light or reflections
are not cast onto abutting properties.
(5)
Overhead wires. Overhead electric lines shall not be located within
20 feet of the nearest portion of the pool or appurtenances.
(6)
Pool water shall not be permitted to flow over or onto the land of
any abutting property or street.
(7)
The pool shall not be filled or added to at any time during the effectiveness
of emergency water orders or measures.
(8)
Abandonment. Whenever a pool is abandoned, the depression shall be
filled and the surface of the ground shall be returned to its original
grade. The Code Enforcement Officer shall be notified prior to the
removal of any swimming pool and may inspect the premises to ensure
this condition is met.
F.
Fire escapes. No exposed fire escapes shall be permitted on any side
of a building fronting to a street.
G.
Storage in yards.
[Added 5-21-2015 by L.L.
No. 2-2015]
(1)
Wood piles and wood pile storage are not permitted in any required
front yard within a hamlet district.
(2)
Temporary storage containers and dumpsters. Containers, including
but not limited to moving, shipping, portable and storage containers,
trailers, dumpsters, and similar structures, are not permitted on
any property in the Town of Pine Plains for more than seven successive
days except in accordance with the following standards:
(a)
Containers are allowed only upon issuance of a temporary permit
from the ZEO for a time period not to exceed six months. The ZEO may
extend the permit for up to two additional time periods of no more
than three months each where the owner demonstrates a continuing need
for temporary storage, e.g., home construction and repair or similar
circumstance.
(b)
Containers shall be used only for the temporary storage of goods
in the ownership or used by the occupants of the lot upon which the
container is located.
(c)
The ZEO shall prohibit any type of storage which the ZEO deems
is hazardous or flammable. The general contents of the storage container
shall be described in the temporary permit application.
(d)
The container shall not be stored in any required yard unless
the ZEO determines there is no other reasonable location in which
to store said container.
(e)
This subsection shall not apply to storage containers stored
on a property conducting an agricultural operation and used for agricultural
purposes.
H.
Dumpsters and trash containers.
[Added 5-21-2015 by L.L.
No. 2-2015]
(1)
All properties within the Town of Pine Plains shall be kept free
of litter and debris, and shall maintain trash receptacles and containers
on site. Trash receptacles and dumpsters shall remain closed at all
times and be designed so as to prevent the release of refuse or other
materials stored therein.
(2)
Except for a temporary dumpster which may be allowed in accordance with Subsection G(2) above, and refuse containers associated with a single-family or two-family dwelling, all permanent dumpsters and refuse areas associated with any other use shall be screened from view with a six-foot-high opaque fence, or year-round vegetative screening no less than six feet high at the time of planting.
(3)
After the effective date of this Zoning Law, a permanent dumpster
or trash container with a capacity of three cubic yards and greater
shall be installed only on a site with a principal use which has received
site plan or special use permit approval. These provisions shall not
apply to any container associated with an agricultural operation and
used for agricultural purposes.
(4)
No dumpster or similar container shall be located within 25 feet
of an adjoining residential property or residential building.
