A.
The Town of Deerpark is hereby divided into the following types of
districts:
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RS
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Residential Settlement District
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RR
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Rural Residential District
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NR
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Neighborhood Residential District
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HM-U
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Hamlet/Mixed Use District
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IB
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Interchange Business District
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I-1
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Industrial District
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RRC
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Recreational River Corridor District
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The location and boundaries of said districts are hereby established
as shown on the Official Zoning Map of the Town of Deerpark, as amended
this date or hereafter, which is attached hereto and made a part of
this chapter.
A.
Zoning district boundary lines are intended generally to follow or
connect the center lines of rights-of-way; existing lot lines; the
mean water level of rivers, streams, and other waterways; or Town
boundary lines, all as shown on the Zoning Map; but where a district
boundary line does not follow such a line, its position is shown on
said Zoning Map by a specific dimension or relationship to such a
line.
B.
Where a district boundary line divides a lot of record at the time
such line is established, the Planning Board may allow the extension
of activities permitted in one district to the other as a special
use. This is to permit more flexibility in the use of large parcels.
C.
When the specific location of a zoning district boundary line cannot
be ascertained, the Zoning Officer, Building Inspector, Planning Board,
or Town Board, as the case may be, shall request the Zoning Board
of Appeals to render an interpretation which shall then be used as
the basis for applying zoning standards.
The restrictions and controls intended to regulate development
in each district are set forth in the following Schedule of District
Regulations, which is then supplemented by other sections of this
chapter and other laws of the Town of Deerpark. Any use identified
as a principal permitted use shall be permitted as a matter of right
upon application to the Building Inspector or to the Zoning Officer,
provided the proposed use is in compliance with these regulations.
Permitted uses with Planning Board Approval or special uses are subject
to site plan review and, specifically, Planning Board approval as
prerequisites to issuing a permit for their establishment. Accessory
uses are permitted to accompany or precede principal permitted and
special uses, and permits for these uses shall be issued directly
by the Building Inspector with concurrence by the Zoning Officer.
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
A.
Legislative purpose.
(1)
The Town of Deerpark is one of the last rural towns in Orange County,
New York. The Town, under significant pressure from developers and
new construction, both present and proposed, is increasing in population.
(2)
In order to protect the citizens and visitors to the Town of Deerpark
as well as to protect the hunting lands still remaining within the
Town, the Town Board has adopted the following regulations.
B.
Five-hundred-foot setback from hunting club boundaries. New construction
shall be set back 500 feet from the property line where such property
line adjoins established hunting club property. The setback shall
be measured from the property line in toward the proposed new construction
on lots adjacent to hunting club properties. In the alternative, the
new construction owner will have the option of giving the hunting
club written permission to hunt within 500 feet of the dwelling and
up to the property line for a period of 99 years from the date of
said written consent and agreement. The agreement shall be in recordable
form and shall run with the land to the benefit of the hunting club
and shall burden the lands where the new construction shall take place.
C.
This section may conflict with applicable portions of the Town Law
of the State of New York. It is the stated intention of the Town to
exercise its authority to supersede and amend, as granted under the
Municipal Home Rule Law of the State of New York § 10. The
Town hereby provides notice that is exercising its authority to supersede
and amend pursuant to the Municipal Home Rule Law of the State of
New York § 22.
[1]
Note: Originally enacted by L.L. No. 1-2005, filed with the
Town Clerk on 1-24-2005.
A.
Purpose. The purpose of this amendment is to make the Interchange
Business District (IB) enumerated within the Zoning Law of the Town
of Deerpark a more-viable area for the orderly and desirable development
and use of the land within said district. The proposed amendments
set forth herein are intended to provide more-appropriate features
in order to guide new development to facilitate desirable change in
this district of the Town.
C.
A definition entitled "permitted use with Planning Board approval" has been added to Article II of the Town's Zoning Law as per this amendment.
D.
Article VII of the Town's Zoning Law has been changed to read "Permitted Uses; Permitted Uses with Planning Board Approval; Special Uses and Site Plan Review Procedures."
E.
The following sentence has been added to the end of § 230-40 of the Town's Zoning Law: "All enumerated procedures and regulations set forth in this article shall also apply to site plans submitted for review and approval for all permitted uses and all permitted uses with Planning Board approval."[2]
F.
The final sentence of § 230-48 of the Town's Zoning Law, entitled "Effect of site plan approval," has been amended as per this chapter. The final sentence now reads: "Permitted use, permitted use with Planning Board approval, special use or accessory use which has been discontinued for a period of five years or more years shall also be deemed to have lapsed."[3]
[3]
Editor's Note: This text is no longer included in the chapter..
G.
Section 230-8 of Article III of the Town's Zoning Law has been amended to adopt a new Schedule of District Regulations for the Interchange Business District (IB) as attached to this chapter.
[1]
Note: Originally enacted by L.L. No. 5-2010, filed with the
Town Clerk on 9-23-2010.
Whenever any owner or occupant of any property in the Town of
Deerpark shall, for any purpose or in any manner: establish a new
use; commercially clear, excavate or grade land for purposes of making
permanent structural improvements to a property; change an existing
use; make permanent structural improvements to a property; erect a
new building; or move, alter, add to or enlarge any existing land
use or building, such owner or occupant shall first comply with the
requirements of this chapter and obtain a building/zoning permit,
unless specifically exempted from such requirements by this chapter.
A building/zoning permit shall be required whenever a change in land
use occurs, regardless of whether any new construction is involved
or not, excepting that agricultural harvesting, grazing, tilling,
and crop rotation shall be exempt from all permit requirements. All
requirements of this chapter are to be subject to the Zoning Officer's
direction.
A.
Minimum development standards. The development standards contained
herein are minimums and shall apply to each dwelling unit unless otherwise
specifically provided. A two-family dwelling shall, for example, require
the equivalent of two minimum-size lots insofar as lot area, as will
any two dwelling units on the same property. Single studio apartments
occupied by immediate family members shall, however, be exempt from
this requirement.
B.
Minimum dwelling standards. All detached dwellings shall provide
at least 1,000 square feet of living area, possess a minimum dimension
of 24 feet, longitudinally or transversely, be erected on a permanent
foundation with/without basement and be equipped for year-round occupancy.
Detached dwellings of less than 1,000 square feet in dwelling area
that do not serve as the principal permitted use on a lot or are used
for seasonal purposes only may be individually permitted as special
uses.
C.
Corner lot. No obstruction to vision (other than an existing building,
post, column or tree) exceeding 30 inches in height above the established
grade of the street at the property line shall be erected or maintained
on any lot within the triangle formed by the street lot lines of such
lot and a line drawn between points along such street lot lines 75
feet distant from their points of intersection.
D.
Through lot requirements. A through lot shall be considered as having
two street frontages, both of which shall be subject to the front
yard requirements of this chapter.
E.
Minimum lot frontage. All residential lots shall have a front lot
line with a minimum length of 50 feet.
F.
Flag lots. The development of interior lots with limited lot frontage
consisting of only an access right-of-way shall be permitted, provided:
(1)
(2)
The lot area shall be exclusive of that portion used as a right-of-way
for purposes of meeting minimum lot area and all other development
standards for the district.
(3)
No right-of-way shall be established over an existing parcel of land
to reach a new lot to the rear which would reduce the length of the
front lot line of the existing parcel to less than 50 feet nor create
any nonconforming lot or building. Such front lot shall also front
on the right-of-way serving the lot or lots to the rear.
(4)
All flag lot access rights-of-way shall be titled in fee-simple ownership
to the flag lot property owner and shall not be used to access any
property not part of the original tract. Such owner shall bear responsibility
for maintenance of the improvements.
No building or structure shall exceed in building height the
number of feet permitted as a maximum on the Schedule of District
Regulations for the district where such building or structure is located.[1]
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
A.
Side yard exception. Where the side wall of a building is not parallel
with the side lot line or is irregular, the side yard may be varied.
In such case, the average width of the side yard shall not be less
than the otherwise required minimum width; provided, however, that
such yard shall not be narrower at any point than 1/2 the otherwise
required minimum width.
B.
Front yard exception. When an unimproved lot is situated adjacent
to or between improved lots already having a principal building within
the required front yard, the front yard for the unimproved lot may
be reduced to the average depth of the front yards for the two nearest
adjacent improved lots, but not less than 30 feet from the center
line.
C.
Provision of yard or other open space. No yard or other open space
provided about any buildings for the purpose of complying with the
provisions of this chapter shall be considered as providing a yard
or open space for any other building, and no yard or other open space
on another lot shall be considered as providing a yard or open space
for a building on any other lot.
D.
Waterfront yards. Any yard which borders on a New York State Department
of Environmental Conservation classified lake, stream, or body of
water shall be not less than 100 feet in depth, except for boathouses
and docks.
The location, limitation, and coverage of accessory buildings
shall be as follows:
A.
No accessory building permitted by this chapter shall be placed in
any required side or front yard except as provided in this article.
B.
Accessory structures utilized for storage of farm equipment or farm
storage, construction equipment, or recreation equipment shall be
allowed without a primary principal structure. However, if utilized
for commercial endeavors, it must have Planning Board approval.
C.
The aggregate ground area covered by any accessory buildings in any
rear yard shall not exceed 50% of the rear yard area.
D.
Accessory structures not attached to a principal structure shall:
(1)
Be located not less than 10 feet from any side or rear lot line or
in such a fashion as to prevent emergency firefighting access or to
shade a residential structure on an adjoining lot. Any structure over
1,000 square feet in floor area shall meet setbacks for principal
structures.
(2)
Be no closer to the street than any principal structure on the lot,
except in the case of farm buildings and swimming pools. Accessory
buildings to principal structures located more than 100 feet from
a lot line shall also be exempt. Accessory structures may, in these
situations, be located in front of residences but not in required
front yard areas.
E.
Accessory structures of more than one story in height within required
side or rear yards shall be special uses.
F.
When an accessory structure is attached to the principal building,
it shall comply with requirements for principal buildings, except
that it may be located not less than 10 feet from one side or rear
lot line, or in such fashion as to prevent emergency fire fighting
access or to shade a residential structure on an adjoining lot.
G.
Railroad cars, mobile home units and recreational vehicles shall
not be used for purposes of accessory or principal structures in connection
with any use. The use of storage trailers or bulk/shipping containers
as an accessory use in connection with a commercial or institutional
use shall be permitted on a special use basis where the trailers or
containers can be substantially screened from view with evergreen
plantings, fencing or earthen berms as may be required to accomplish
the purpose.
H.
Aboveground or in-ground swimming pools, incidental to the residential
use of the premises and not operated for gain, shall require permits
if more than two feet deep. A private swimming pool shall not be located,
constructed or maintained on any lot or land area except in conformity
with the following requirements:
(1)
Such pool shall not be located within 10 feet of any property line.
(2)
The entire portion of the premises upon which any pool of less than
four feet in height above the ground is located shall be entirely
enclosed with a good-quality chain-link wire or equally sturdy fence
of not less than four feet in height.
(3)
Every gate or other opening in the fence enclosing such pool shall
be kept securely closed and locked at all times when said pool is
not is use.
(4)
Such pool shall be not less than 10 feet from side and rear lot lines;
and on lots with a width of 50 feet or less, the pool shall be located
midway between the side lot lines.
(5)
If the water for such pool is supplied from a private well, there
shall be no cross-connection with the public water supply system.
(6)
If the water for such pool is supplied from the public water supply
system, the inlet shall be above the overflow level of said pool.
(7)
Such pool shall be constructed, operated, and maintained in compliance
with the applicable provisions of the New York State Sanitary Code
relating to public swimming pools.
(8)
No loudspeaker or amplifying device shall be permitted which can
be heard beyond the bounds of the property lot where said pool is
located.
(9)
Underwater lighting shall only be installed in accordance with the
provisions of the National Electrical Code for such lighting.
I.
Keeping of a reasonable number of domestic animals for household
purposes, or as pets, and private stables shall be permitted in every
district, subject to the requirements of the Town of Deerpark Dog
Law (Local Law No. 13-2000, as amended)[1] and the following conditions:
(1)
Not more than four dogs over six months old, nor more than one litter
under six months, shall be kept unless permitted as a commercial or
not-for-profit kennel.
(2)
Not more than 25 fowl, nor more than four domestic animals other than dogs and cats, shall be kept on any lot unless permitted as a commercial agricultural operation (see also § 230-33 hereof).
(3)
There shall be no stable or similar animal or fowl housing or storage
of manure within 200 feet of any adjacent dwelling.
(4)
All animals, except dogs (see Town Dog Law), shall be contained by
fence or leash within the boundaries of the owner's property.
Any penning area less than one acre in size shall be set back 25 feet
from any lot line.
[1]
Editor's Note: See Ch, 99, Animals.
J.
Permanent fences erected for purposes other than confinement of farm
livestock shall: be located a minimum of 18 inches from property lines,
unless the Building Department receives an as-built survey of the
fence certified by a New York State licensed surveyor; be located
eight feet from a roadway surface; and require permits under this
chapter. Vegetative fences shall be set back a distance sufficient
to maintain all growth on the property affected. Fences erected in
front yards in RR, RRC, and RS Districts shall be a maximum of four
feet in height where six-foot high fences may be permitted. Fences
erected in rear yards shall be a maximum of six feet in height. Fences
erected in I-1 Industrial District rear yards or for commercial uses
within HM-U Hamlet/Mixed Use Districts shall be a maximum of eight
feet in height. Sight distance must be maintained. Fencing is subject
to the Building Inspector's comments. Approval for fencing not
complying with the above would be by the Zoning Board of Appeals.
K.
At all street intersections, no obstructions to vision shall be maintained,
erected, or planted on any lot within the triangle formed by the intersecting
street lines and a line drawn between points along such street lines
for a thirty-foot distance from their point of intersection.
L.
Storage trailers or bulk/shipping containers may be used in connection
with new construction or renovation for a period of up to one year
by permit only. The final C.O. shall be withheld by the Building Inspector
until the container is removed from the property.
