A.
No building or premises shall be erected, altered or used except
for one or more of the uses authorized under the Table of Use Regulations
for the zoning district in which the property is located. Such Table
of Use Regulations is hereby adopted and declared to be a part of
this chapter and is appended to this chapter as "Table 2: Table of
Use Regulations." A use that is not listed in the Table of Use Regulations
is prohibited.
B.
Permits required. A building permit must be obtained prior to the
start of any development and a certificate of occupancy obtained before
any building is occupied, in accordance with the provisions of this
chapter of the Code of the Town of Copake and/or the New York State
Uniform Fire Prevention and Building Code. No such permit may be issued
unless the proposed development is permitted by this chapter or any
required variance, special use permit, or site plan approval has been
approved by the applicable board and the proposed development is thereby
rendered permissible. Upon determination that any building permit
has been issued in violation of this subdivision, such permit shall
be subject to immediate revocation.
A.
Density control schedule. No building shall be constructed, expanded,
or altered, and no lot subdivided or altered, except in conformity
with the density control regulations as set out in the Density Control
Schedule, which is hereby adopted and declared to be a part of this
chapter and appended to this chapter as "Table 1: Density Control
Schedule."
B.
Corner lots. Wherever a side of a corner lot is adjacent to a street,
the standards and setback for front yards shall apply. The intersecting,
adjoining property lines are side lines and there are no rear yards.
C.
Projections into required yards from structures; front yards.
(1)
The following projections into required yards may be permitted without
the need to obtain an area variance:
(2)
Any open or enclosed porch, carport or garage, whether or not attached
to the principal structure, shall conform to setback requirements
and be considered a part of the building in the determination of lot
coverage.
(3)
Accessory uses not enclosed in a building shall not be located in
a required front yard but may be located in a required side or rear
yard.
(4)
Accessory buildings, including a detached garage, shall not be located in front yards and, except for a shed in compliance with § 232-11H of this chapter, shall conform to the side and rear yard setback requirements of the zoning district in which the lot is located. An accessory building shall not block any window or door of the principal structure.
D.
Height exceptions.
(1)
District building height regulations shall not apply to flagpoles,
radio or television antennas, transmission towers or cables, spires,
chimneys, elevator or stair bulkheads, parapets or railings, water
tanks or cooling towers or any similar structures, 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.
(2)
Notwithstanding any provision of this chapter to the contrary, an
additional silo, grain elevator or barn or an addition to an existing
barn, grain elevator or silo is permitted in the front yard, provided
that such new barn, grain elevator or silo or addition is not closer
to the front line than the existing silo, grain elevator or barn.
E.
Compliance with minimum lot size (Density Schedule) requirement.
(1)
Where two or more principal residential structures are permitted by this chapter to be located on the same lot, the minimum lot size set out in the density schedule requirement shall be applicable per structure and must be complied with. See § 232-8A.
(2)
A residential lot of required or larger than required size as set forth in this chapter shall not be reduced in size if such subdivision will form one or more lots which shall not be in compliance with the requirements for the minimum lot size per dwelling unit for the district in which such lot or lots are situated, except as provided in § 232-20C(2).
F.
Side yards for semidetached and attached dwellings. Side yards for
semidetached and attached dwellings shall apply only to that side
of the building which is not attached to another dwelling.
G.
Two-family or multifamily residences. The conversion of existing
structures to two-family or multifamily residences or construction
of new two-family or multifamily residences shall be allowed in any
district where such residences are permitted, subject to the following
conditions:
(1)
The required minimum lot area shall be computed by adding 10,000
square feet for each dwelling unit over one to the minimum lot area
for the district in which located.
(2)
It shall be certified by the Columbia County Health Department that
water and sewage disposal are in compliance with New York State standards.
H.
Flag lots. In order to allow the efficient use of otherwise landlocked
areas, while maintaining rural character, keeping development costs
down and limiting the creation of additional streets, the creation
of flag lots may be approved in the RU District, provided that the
Planning Board finds that the design and arrangement provides for
adequate access and will not adversely affect traffic safety, and
is not expected to adversely affect the development of the remainder
of the subject parcel or adjoining properties, subject to the following
conditions:
(1)
A flag lot shall comply with and shall be utilized in conformance
with all provisions of this chapter, except that the minimum street
frontage requirement shall not apply to the street frontage of a flag
lot approved by the Planning Board.
(2)
No more than one dwelling unit shall be permitted on a flag lot.
Multifamily dwellings are prohibited on a flag lot.
(3)
A flag lot shall comply with and shall be utilized in conformance
with the following additional dimensional regulations:
(a)
The minimum street frontage shall be 20 feet.
(b)
The minimum width of the "pole" portion along its entire length
(from the street line to the "flag" portion) shall be 20 feet with
a traveled way of no less than 14 feet in width.
(c)
One of the internal lot lines shall be designated as the front
lot line. The internal lot line opposite the designated front lot
line shall constitute the rear lot line, and the other internal lot
lines shall constitute side lot lines.
(d)
The land area of the "pole" portion shall be excluded in determining
lot area. In other words, the applicable minimum lot area requirement
shall apply to the "flag" portion (the total area of the lot, exclusive
of land in the "pole" portion).
(e)
The applicable minimum front yard requirement for a principal
building shall apply to the designated front lot line. The applicable
minimum distance from street requirements for accessory buildings
and structures shall also apply to the designated front lot line.
(f)
For reasons of safety, compliance with driveway specifications,
or conformity with the purposes of this chapter, the Planning Board
may require that the street frontage of a flag lot exceed 20 feet,
that the width of the "pole" portion of a flag lot exceed 20 feet,
and that the lot area of a flag lot (the total area exclusive of land
in the "pole" portion) exceed the applicable minimum lot area requirement.
(g)
The Planning Board may designate one of the internal lot lines
as the front lot line, incident to approving a flag lot. If the Planning
Board does not so designate the front lot line, then the owner of
the flag lot shall designate one of the internal lot lines as the
front lot line, at the time of an application for a building permit.
(4)
Incident to approving a flag lot, the Planning Board may impose conditions
determined to be necessary or desirable in order to promote traffic
safety and adequate access.
I.
Rear lots.
(1)
Up to four rear lots may be created in the RU District in any single
subdivision, provided that the Planning Board determines that such
lots will not endanger public health and safety.
(2)
The following requirements apply to rear lots:
(a)
A rear lot must have a legally adequate and physically practical
access to a public or private road, which may be achieved by means
of a deeded right-of-way easement or other means satisfactory to the
Planning Board and approved by the Town Attorney. The minimum width
for this right-of-way for access shall be 50 feet along its entire
length.
(b)
No more than four lots may be served by a single common driveway.
Adjoining accessways to individual lots must share one common developed
driveway, and access easements must be provided over the common driveway
in favor of each lot being accessed by the same.
(c)
The driveway or right-of-way must provide safe access for fire,
police and emergency vehicles.
(d)
If more than four lots are being accessed by a proposed private
access way or drive, the private roadway requirements under the Town
Subdivision Regulations must be satisfied.
(e)
The rear lots must not result in damage to important natural
resource and landscape features identified in the Master Plan and
this chapter, including but not limited to wetlands, agricultural
land, scenic views, steep slopes and ridgelines.
(f)
Rear lots must meet all requirements other than road frontage
for a lot in the applicable zoning district.
J.
No commercial building with a building footprint in excess of 20,000
square feet is allowed in Zoning Districts H and HB.
A.
Flood district regulations shall be as specified for the zoning district in which located and in compliance with Chapter 135, Flood Damage Prevention.
B.
The Planning Board shall review subdivision proposals and other proposed new developments within the Flood Area Overlay Zone to assure that all such proposals are consistent with the need to minimize flood damage, all public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage and adequate drainage is provided so as to reduce exposure to flood hazards. The regulations contained in Chapter 135 of the Code of the Town of Copake, "Flood Damage Prevention," shall also apply.
A.
Purpose and intent. The purpose of the Scenic Corridor Overlay Zone
is to establish clear guidelines for development and/or redevelopment
and protection of the Town's Route 22 corridor, which comprises the
most scenic and environmentally sensitive areas of the Town, and to
preserve existing open land now being actively used in agriculture.
B.
Applicability. Any of the following uses or actions occurring on
a parcel of land lying fully or partially within the SCOZ shall be
subject to these supplementary regulations:
(1)
All subdivisions that exceed the threshold for minor subdivisions as set forth in Chapter 197 of the Code of the Town of Copake, "Subdivision of Land."
(2)
All use or development of land that requires site plan approval pursuant to § 232-21 of the Town Code.
(3)
All uses or development of land requiring the issuance of a special
use permit and/or zoning variance pursuant to the Town Code.
C.
Prohibited uses. The following uses are prohibited if they occur
on parcels located entirely or partially within the SCOZ, notwithstanding
that they may be permitted in the underlying zoning district either
subject to site plan approval from the Planning Board and/or subject
to a special use permit from the Zoning Board of Appeals:
[Amended 9-9-2021 by L.L. No. 1-2021]
(1)
Extractive operations. New or expanding mine extractive operations
sites that require a mined land reclamation permit from New York State
Department of Environmental Conservation (DEC) in accordance with
Title 27 of Article 23 of the New York State Environmental Conservation
Law and its regulations, as the same may be amended, are prohibited
in the SCOZ. Extractive operations that are below the New York State
DEC permitting required thresholds will continue to be permitted subject
to the issuance of a special use permit and site plan review and approval.
However, in the event that DEC raises its thresholds for the requirement
of a DEC permit, above the thresholds which are in existence at the
time of the enactment of this section, all extractive operations that
exceed the DEC thresholds in effect at the time of the enactment of
this section shall continue to be prohibited regardless of whether
they require a permit from DEC.
(2)
Telecommunications towers.
(3)
Radio and televisions stations and towers.
(4)
Bus stations.
(5)
Mobile home parks.
(6)
Power plants.
(7)
Fuel storage and distribution facilities.
(8)
Utility-scale solar energy systems.
(9)
Commercial wind power facilities.
(10)
All uses that are currently prohibited in the underlying zoning
district shall continue to be prohibited in the SCOZ.
D.
Exempt uses and actions. The following uses and actions shall be
exempt from the SCOZ design requirements:
(1)
Agricultural activities and farms, as that term is defined in the
Town Code or as defined in § 301, Subdivision 11 of the
Agriculture and Markets Law.
(2)
Construction of agricultural buildings or structures less than 7,500 square feet in area. Any agricultural buildings or structures 7,500 square feet or more shall be permitted subject to § 232-21H(4) modified site plan review. No new agricultural buildings larger than 25,000 square feet will be permitted.
(3)
Construction of single-family homes.
E.
Conflicts. In any case of a conflict between these supplementary
regulations, and the requirements of the underlying zoning district,
other sections of the Town Code, the Town road specifications and/or
the Town's Land Subdivision Regulations, the provisions contained
in these supplementary regulations shall control.
F.
Design requirements. In approving applications for parcels within
the SCOZ, the design standards and principles provided herein shall
be applied by the Planning Board and/or Zoning Board of Appeals, as
the case may be (the reviewing board). These design requirements are
intended to ensure that development and/or redevelopment within the
SCOZ preserves, wherever practical, working farm fields; creates no
more than a minimal impact on the SCOZ and surrounding area; is achieved
in a manner which makes open space planning a central focus of development
and/or redevelopment within the SCOZ; and ensures that projects fit
into the scenic viewshed found along the Route 22 corridor to the
fullest extent practicable.
G.
Preservation of scenic features. In any application subject to these
supplementary regulations, features that provide scenic importance
to the Route 22 corridor should be preserved to a reasonable extent.
These features include, but are not limited to, individual healthy
trees within open fields that are at least 18 inches in diameter at
breast height (dbh), historic structures, hedgerows, public or private
unpaved country roads, and stone walls.
H.
Placement of structures. To ensure the placement of structures within
the SCOZ on proposed building lots, building sites, including areas
of cleared vegetation, shall be clearly designated on the applicable
subdivision plat and/or site plans at the time of building permit
application. Constructed structures should not differ more than 20
feet in any direction from building site locations shown on approved
subdivision and/or site plans. Wherever practical, structures shall
be sited to be as visually inconspicuous as possible when seen from
a distance and from lower elevations, and to minimize impact on open
and agricultural lands. Wherever possible, the reviewing board may
require that structures be located at the edge of agricultural land
to minimize the loss of such land.
I.
Restrictions on height. No principal or accessory structure with
a building height of greater than 35 feet shall be constructed within
the SCOZ.
J.
Mitigation of impacts. All development subject to these regulations
shall comply with the following measures, designed to mitigate the
impact of structures, the clearing of vegetation, and regrading involved
in the development:
[Amended 9-9-2021 by L.L. No. 1-2021]
(1)
Visual impact. All structures shall be sited to avoid, to the greatest
extent practical, occupying or obstructing public views of land within
the SCOZ. A visual environmental assessment form may be required to
be submitted with the application. Public views shall be considered
to be from any location listed on the SEQRA Visual Environmental Assessment
Form Addendum (V-EAF) pursuant to 6 NYCRR 617.20 Appendix B. Visibility
shall be measured using a condition of no leaves on trees. When appropriate,
the review board may require more extensive visual impact analysis
as part of its application and/or SEQRA review of the project.
(2)
Colors. Reflective materials and bright colors that contrast dramatically
with the colors of the land and vegetation around them shall not be
used as predominant colors on any wall or roof surface.
(3)
Vegetation. Existing vegetation within the SCOZ shall be preserved
to the maximum extent practical. Every attempt shall be made to limit
cutting necessary for either construction or the opening of views
from the subject site so as to maintain native vegetation as a screen
for structures as seen from public roads or parks or other public
views. This section is not intended to limit forest management in
the SCOZ when practiced in accordance with environmentally sound and
sustainable silvicultural principles.
(4)
Tree cutting shall be subject to the following:
(a)
All timber harvesting in the SCOZ shall comply with the most
recent versions of Timber Harvesting Guidelines for New York and best
management practices, as promulgated by the New York State DEC. There
may be situations where strict adherence to certain provisions of
the Timber Harvesting Guidelines for New York and best management
practices are impossible or impractical to attain. Alternate measures
exist that can be substituted for such guidelines at the discretion
of the Board in appropriate circumstances. In such cases, the reviewing
board may grant a waiver from the strict application of the guidelines
where reasonable and necessary.
(b)
Clear-cutting of all trees in a single contiguous area in excess
of 1/2 acre in area shall be prohibited; replanting of trees and/or
shrubbery after construction may be required.
(c)
This subsection shall not apply to:
[1]
Christmas and landscaping tree culture or other existing tree
plantation.
[2]
Harvests conducted in accordance with a timber harvesting plan
prepared pursuant to § 480-a of the New York State Real
Property Tax Law.
[3]
Tree clearing for farm purposes within agricultural districts
established pursuant to the New York State Agriculture and Markets
Law.
[4]
Severe natural disturbances, which include fire, insect infestation,
disease, ice and wind.
[5]
Removal of timber stands that, if partially harvested according
to accepted silvicultural practice, are at high risk for windthrow
due to factors such as soils, rooting depth, crown ratio, or stem
quality.
[6]
Ecologically appropriate improvement or creation of wildlife
habitat, with accompanying prescription and justification from a certified
wildlife professional, a New York State DEC Forester, a member of
the New York Institute of Consulting Foresters, or a cooperating consultant
forester.
K.
View preservation. Where appropriate, preservation of views shall
be by conservation easement, pursuant to § 247 of the New
York State General Municipal Law, §§ 49-0301 through
49-0311 of the NYS Environmental Conservation Law, or other legal
instruments, such as deed restrictions, acceptable to the Town Board,
Planning Board and Town Attorney.
L.
Lighting. Exterior lighting in the SCOZ is subject to the requirements of § 232-15 of this chapter, except that to the extent this subdivision imposes additional or greater restrictions, such lighting shall also be in conformance with the requirements established herein. The light level at any lot line shall not exceed 0.2 footcandle, measured at ground level. Floodlights shall not be used to light any portion of a principal or accessory structure facade (except for temporary lighting). All outdoor light sources mounted on poles, buildings or trees to illuminate driveways, sidewalks, walkways, parking lots, or other outdoor areas shall use fully shielded light fixtures. For purposes of this section, a "fully shielded light fixture" is one in which no more than 2.5% of the total output is emitted at 90° from the vertical pole or building wall on which it is mounted. All such fixtures shall be installed or shielded so that any part of the light bulb or light source is not visible beyond the property boundaries. The maximum allowable height of a freestanding light fixture shall be 16 feet above the average finished grade. Exceptions to the maximum height limitations up to 25 feet above the average finished grade may be made when it can be demonstrated to the Planning Board that glare to off-site locations will not occur with such higher fixture. The maximum allowable height of a building- or structure-mounted light fixture shall be 35 feet.
M.
Design principles. To meet the purposes of the SCOZ, the following
design principles shall also be applied by the Planning Board:
(1)
Within the SCOZ, flexible lot subdivisions as per § 232-17 of the Town Code shall be required as alternatives to maximum density development.
(2)
Wherever practical, vegetation and topography shall be used to buffer
and screen buildings.
(3)
Clearing of existing vegetation at the edge of the road shall be
minimized, except to open landscape views and as necessary to create
road and driveway entrances with adequate sight distance. Curved driveways
shall be used to increase the screening of buildings.
(4)
Wherever practical, buildings shall be sited so that they do not
protrude above treetops and ridgelines of hills as seen from public
places and roads. This shall not be interpreted to mean that the buildings
should not be seen, only that they should not protrude above the trees
or hilltops.
(5)
Wherever practical, all electric, telephone, television, and other
communication lines, both main and service connections, servicing
new development, shall be provided by underground wiring installed
in accordance with the prevailing standards and practices of the utility
or other companies providing such services.
N.
Parking. Parking lots for nonresidential and multifamily residential
uses shall be provided with screened parking wholly at the side and/or
rear of the structures, provided such an arrangement does not create
a significant visual impact. If parking is provided at the side of
structures, at least a ten-foot-wide landscaped area (exclusive of
that required for sidewalks or utility easements) shall be provided
between the road right-of-way and the parking lot, to be planted with
shade or ornamental trees and at least a three-foot-high evergreen
hedge, wall or fence. In addition, at least one tree and three shrubs
shall be provided for each eight parking spaces in interior areas
of the parking lot, whether such lot is provided at the side or rear
of structures. Parking for single-family dwellings shall also be provided
at the side and/or rear of the principal structure, provided such
an arrangement does not create a significant visual effect.
O.
Dimensional regulations. The following dimensional regulations shall
apply to development within the SCOZ in addition to the dimensional
regulations of the underlying zone district:
(1)
The reviewing board shall require flexible lot subdivision in accordance
with the Town Code and New York State Town Law when, in the Board's
judgment, it would result in better preservation of open lands and/or
the public viewshed.
(2)
Nonresidential and multifamily residential buildings shall be sited as per flexible lot subdivision requirements, § 232-17.
(3)
No building shall exceed 7,500 square feet in footprint unless the
structure is to be used exclusively for agricultural purposes on an
active farm operation.
(4)
The maximum allowable impervious surface coverage on any parcel proposed
for subdivision or development shall be 20%. This includes the footprint
of all buildings and/or structures. To implement this requirement,
restrictions on impervious surface coverage for individual subdivided
lots shall be shown on any submission plan or plat.
(5)
Maximum building height requirements shall apply to the peak of the
roofline. Silos or barns when used in conjunction with agricultural
operations, may exceed the maximum building height to the extent allowed
elsewhere within the Zoning Code.
P.
Prevention of soil erosion. No site plan or subdivision plat shall
be approved unless it includes stormwater runoff prevention and soil
erosion and sediment control measures prepared in accordance with
applicable statutes, rules, regulations and guidelines.
Q.
Referral. The Town of Copake's SCOZ contains significant wildlife
habitats, including those frequented by endangered and threatened
species. To receive assistance in its review of applications, the
reviewing board may refer the proposed plan to the New York State
DEC, the New York Natural Heritage Program, or the Town of Copake
Conservation Advisory Committee for its review and recommendations.
Such reviewing board may also refer the proposed plans for comment
to any agency, commission, committee, board or officials of the Town,
county, state or federal government as the board may deem appropriate.
R.
The review board may waive some or all of the regulatory and submission
requirements of this section in the SCOZ under any of the following
circumstances:
(1)
The structure or area within the SCOZ is situated so that it does
not create a significant visual impact when viewed from visually sensitive
areas and from significant resources within the Town.
(2)
The reviewing board finds that the proposed project is of a minor
nature and is consistent with the design standards set forth herein.
S.
Existing uses and structures. Any use prohibited by Subsection C of this section or structure prohibited by this section which lawfully existed as of July 15, 2018, shall be permitted to continue as a nonconforming use or structure subject to all provisions of this chapter applicable to nonconforming uses and structures, and any use which lawfully existed as of July 15, 2018, and which is permitted in the underlying zoning district upon issuance of a site plan approval or special use permit, may continue, provided that any modification, expansion, or extension of such use or structure shall be subject to the requirements of this section except as waived pursuant to Subsection R, and no modification, expansion, or extension of such use, or of such nonconforming use or structure, to the extent such may be permitted by the Town Code or by issuance of a variance, shall be permitted except in conformity with this section in addition to any other applicable requirements of this chapter. Any mining operation which lawfully exists as of July 15, 2018, and which has been issued a mined land reclamation permit from the DEC may continue to operate as a nonconforming use even if renewed permits are required from the DEC but only to the extent of the life of the mine area boundaries and limits of excavation as shown on the existing mining plans approved by DEC. Any expansion of such nonconforming mine beyond the mine boundaries, or at greater depths or excavation than that shown on such approved and filed plans with DEC as of July 15, 2018, shall be a prohibited use.
[Amended 9-9-2021 by L.L.
No. 1-2021]
