This chapter shall be known and may be cited as the "Town of Camden Zoning Law."
This chapter is enacted for the following purposes:
A.
To lessen congestion in the streets;
B.
To ensure the proper functioning of Camden's streets and highways;
C.
To protect the integrity of Camden's residential neighborhoods;
D.
To secure safety from fire, flood, panic, and other dangers;
E.
To promote health and general welfare;
F.
To provide adequate light and air;
G.
To prevent the overcrowding of land;
H.
To avoid undue concentration of population;
I.
To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public improvements;
J.
To conserve the value of buildings;
K.
To encourage the most appropriate use of land throughout the Town;
L.
To avoid the pollution of air and water;
M.
To ensure that development is compatible with the rural environment; and
N.
To preserve the existing rural character of the Town.
A.
Generally. For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
(1)
Words used in the present tense shall include the future. The singular number includes the plural, and the plural the singular. The word "person" includes a corporation as well as an individual.
(2)
The word "building" includes the words "plot" or "parcel."
(3)
The words "used" or "occupied" as applied to any land or building shall be construed to include the words "built, arranged, or designed to be used or occupied."
B. ABANDONED USE ACCESSORY APARTMENT ACCESSORY BUILDING ACCESSORY USE ALLEY AREA, BUILDING BASEMENT BATTERY ENERGY STORAGE SYSTEM(1) (2) BATTERY(IES) BED-AND-BREAKFAST INN BOARDING or ROOMING HOUSE BUILDING BUILDING FLOOR AREA BUILDING LINE BUILDING, HEIGHT OF CAMPGROUND CELLAR CEMETERY COMMUNITY CENTER DAY-CARE CENTER, CHILD DAY-CARE HOME, FAMILY DAY-CARE HOME, GROUP DWELLING, MULTIPLE-FAMILY DWELLING, ONE-FAMILY DWELLING, TWO-FAMILY ENERGY GENERATION AND DISTRIBUTION FACILITY ESSENTIAL FACILITIES EXCAVATION, COMMERCIAL FAMILY FARM OPERATION FARMLAND OF STATEWIDE IMPORTANCE FRATERNAL CLUB/SOCIAL CLUB/LODGE FUNERAL HOME GARAGE, PRIVATE GARAGE, PUBLIC GROSS FLOOR AREA GROSS LEASABLE AREA HOME OCCUPATIONS(1) (2) HOSPITAL HOTEL JUNKYARD KENNEL LANDFILL LAUNDERETTE LOT LOT AREA LOT WIDTH LOT, CORNER LOT, COVERAGE LOT, INTERIOR LOT, THROUGH MANUFACTURED HOME MANUFACTURED HOME PARK MANUFACTURED HOME, SINGLE-WIDE MOTEL MOTOR VEHICLE SERVICE STATION NATIVE PERENNIAL VEGETATION NONCONFORMING USE NONTRANSIENT USE NURSING OR CONVALESCENT HOME or HOME FOR THE AGED OUTDOOR SOLID-BURNING FURNACE OVERLAY DISTRICT OWNER/OPERATOR PARKING SPACE PHOTOVOLTAIC SYSTEMS POLLINATOR PRIME FARMLAND RECREATION FACILITY RECREATION FACILITY, COMMERCIAL RECREATION FACILITY, PRIVATE RECREATIONAL CAMPING VEHICLE RELIGIOUS INSTITUTION RETAIL SALES AND SERVICE RETAIL SALES AND SERVICE, LARGE PRODUCT ROADSIDE FARM STAND SCREENING SIGN SIGN, ADVERTISING SIGN, BUSINESS SOLAR COLLECTOR SOLAR ENERGY EQUIPMENT SOLAR ENERGY SYSTEM SOLAR ENERGY SYSTEM, BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM (BIPV) SOLAR ENERGY SYSTEM, BUILDING-MOUNTED SOLAR ENERGY SYSTEM, GROUND-MOUNTED (FREESTANDING) SOLAR ENERGY SYSTEM, LARGE SOLAR ENERGY SYSTEM, SMALL SPECIAL USE PERMIT STABLE, PRIVATE STABLE, PUBLIC STORY STORY, HALF STREET STRUCTURAL ALTERATION STRUCTURE TAVERN THEATER, OUTDOOR TOURIST HOME WAREHOUSING WHOLESALE TRADE WIND ENERGY SYSTEM WIND ENERGY SYSTEM, MAJOR WIND ENERGY SYSTEM, MINOR YARD, FRONT YARD, REAR YARD, SIDE
Specific terms. As used in this chapter, unless the context or subject matter otherwise requires:
Knowingly relinquishing a use without any future intent to reestablish the use.
A second dwelling unit located on the same lot as a principal single-family dwelling, located either within the principal dwelling or within an accessory building, which is subordinate to the principal dwelling in terms of size, location, and appearance. Such a dwelling is an accessory use to the principal dwelling.
A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
A service way which affords a secondary public means of vehicular access to abutting property.
The total ground area of a principal building and accessory buildings, exclusive of uncovered porches, parapets, steps, and terraces.
A space of full height partly below street grade and having at least half of its clear floor-to-ceiling height above the average street grade, and which is not designed or used primarily for year-round living accommodations.
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone twelve-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a small or large battery energy storage system as follows:
Small battery energy storage systems have an aggregate energy capacity less than or equal to 600 kWh and, if in a room or enclosed area, consist of only a single energy storage system technology.
Large battery energy storage systems have an aggregate energy capacity greater than 600 kWh or are comprised of more than one storage battery technology in a room or enclosed area.
A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements.
A house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.
Any dwelling in which more than three persons, either individually or as families, are housed or lodged, except those engaged in farm work, for hire with or without meals.
Any roofed structure intended for the shelter, housing, or enclosure of persons, animals, or property. When a building is divided into separate parts extending from the ground up, each part so divided is deemed a separate building.
The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, including basement areas devoted to residential use and the area of bays, dormers, roofed porches, and roofed terraces. All dimensions shall be measured between exterior faces of walls.
A line established by law or by agreement, usually parallel with a property line, beyond which a structure may not extend. Also referred to as "setback."
The vertical distance from curb or street grade to the highest level of a flat or mansard roof, or to the average height of a pitched, gabled, hip, or gambrel roof, excluding bulkheads, penthouses, and similar constructions enclosing equipment or stairs, providing they are less than 12 feet in height and do not occupy more than 30% of the area of the roof on which they are located.
A parcel or tract of land on which three or more campsites are located, established, or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education, or vacation purposes.
That space of a building which has more than half of its height, measured from floor to ceiling, below the average street grade.
Land which is recognized by the NYS Division of Cemeteries and is used or intended to be used for the burial of dead human beings and dedicated for such purpose, including columbariums, mausoleums, but excluding crematoria.
A place, structure, area or other facility used for and providing religious, fraternal, social and/or recreational and educational programs generally open to the public and designed to accommodate and serve significant segments of the community.
Any use defined as a child day-care center in § 390 of Social Services Law.
Any use defined as a Family Day-care Home in § 390 of Social Services Law.
Any use defined as a Group Day-Care Home in § 390 of Social Services Law.
A building or group of buildings, designed for year-round occupancy by more than two families, including apartment houses and group houses, but excluding hotels and rooming houses.
A detached building, other than a trailer or other temporary structure, designed for exclusive year-round occupancy by one family only.
A detached building, other than a trailer or other temporary structure, designed for exclusive year-round occupancy by two families living independently of each other.
A generator that uses a variety of sources and/or products for the production of power for sale as a primary use. Types of generating facilities may include, but are not limited to, petroleum, methane, ethanol, thermal, wind, solar, hydroelectric, and other energy generation systems.
The operation or maintenance by municipal agencies or public utilities of telephone dial equipment centers; electrical or gas substations; water treatment, storage, and transmission facilities; pumping stations; and similar facilities.
Any area of land used for the purpose of extracting stone, sand, gravel or soil for sale, as an industrial or commercial operation, which is intended for the extraction of more than 1,000 tons or 750 cubic yards, whichever is less, of a mineral from the earth during 12 successive calendar months, but does not include the process of grading a lot preparatory to the construction of a building which has an approved permit.
A single person; or two or more persons related by blood or marriage, and maintaining a common household with not more than two boarders, roomers, or lodgers; or, a group of not more than four persons, not necessarily related by blood or marriage, and maintaining a common household.
As defined as in NYS Agriculture and Markets Law § 301.
Land designated as "farmland of statewide importance" in the U.S. Department of Agriculture Natural Resources Conservation Service's Soil Survey Geographic Database on Web Soil Survey, which has a good combination of physical and chemical characteristics for the production of food, feed, fiber, forage, and oilseed crops. This land includes areas of soils that nearly meet the requirements for prime farmland and economically produce high yields of crops when treated and managed according to acceptable farming methods. Some areas may produce as high a yield as prime farmland if conditions are favorable.
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.
A building used for the preparation of the deceased for burial or cremation, the display of the deceased and ceremonies connected therewith before burial or cremation.
A roofed space for the storage of one or more vehicles, provided that no business, occupation, or service is conducted for profit therein, nor space therein for more than one car is leased to a nonresident of the premises.
A building or part thereof used for the storage, hiring, selling, greasing, washing, servicing, or repair of motor driven vehicles, operated for gain.
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including any space where the floor-to-ceiling height is less than six feet.
The total floor area for which the tenant pays rent and which is designed for the tenant's occupancy and exclusive use.
A nonresidential activity conducted within a dwelling unit or in a building or structure accessory to a dwelling unit; and is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and meets one or more of the following criteria:
Nonresidential activities below the thresholds of this definition are not considered home occupations, and are exempt from the provisions of this chapter. A home occupation shall not be interpreted to include a commercial stable, kennel, or restaurant.
A building or structure for the diagnosis and medical or surgical care of human sickness or injuries.
A building or group of buildings where transient guests are lodged for hire, including motels, but excluding rooming houses.
A lot, land, or structure, or part thereof, used for the collecting, storage, and sale of waste paper, rags, scrap metal, or discarded material; or for the collecting, dismantling, storage, and salvaging of machinery or vehicles, and for the sale of the parts thereof; or for the storing or abandonment of two or more unlicensed or unregistered motor vehicles for a month or more.
An establishment in which more than six dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, or trained for profit.
A disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternative layers of specified depth in accordance with a plan approved pursuant to 6 NYCRR Part 360.
A business premises equipped with individual clothes washing or cleaning machines for use by retail customers, exclusive of laundry facilities provided in an apartment, fraternity, sorority, residential hotel, or club.
A parcel of land considered as a unit, occupied or capable of being occupied by a building or use and accessory building or uses, or by a group of buildings united by a common use or interest; and including such open spaces as are required by this chapter, and having its principal frontage on a public street.
The total horizontal area included within lot lines. No part of the area within a public right-of-way may be included in the computation of lot area.
The distance between side lot lines measured parallel to the front lot line at a distance from the front lot line equal to the front yard specified for the district.
A lot located at the intersection of and fronting on two or more intersecting streets, and having an interior angle at the corner of intersection, of less than 135°.
That portion of a lot that is covered by buildings, structures and impervious surfaces.
A lot other than a corner lot.
A lot having frontage on two approximately parallel, or converging, streets, other than a corner lot.
A factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards, 24 CFR Part 3280, April 1, 1993, transportable in one or more sections, which in the traveling mode is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length, or, when erected on site, is 320 square feet (29.7 m[1]) minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development and complies with the standards established under the national Manufactured Housing Construction and Safety Act of 1974, as amended35. The term "manufactured home" shall not include any self-propelled recreational vehicle.
A parcel of land which has been planned or improved for the placement of two or more manufactured homes or which is used or held out for use as a parking space for two or more manufactured homes, but shall not include a campsite for tents, tent trailers, camp trailers, or overnight trailers, also known as overnighters.
A manufactured home which is manufactured as a single section and is designed to be a complete dwelling when transported to the placement site.
A building or group of buildings, whether detached or in connected units, used as individual sleeping units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities.
Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline or oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning, or otherwise servicing motor vehicles, but not including the painting or major repair thereof. The term "gasoline station" shall be deemed to include filling stations and service stations.
Native flowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.
A structure or land lawfully occupied by a use that does not conform with the regulations of the district in which it is located.
Permanent residency.
A building used for the accommodation and care of persons with, or recuperating from, illness or incapacity, where nursing services are furnished, or for the accommodation and care of persons of advanced age.
An accessory structure, designed and intended, through the burning of wood, coal or other solid fuel, for the purposes of heating the principal structure or any other site structures(s) on the premises.
A zoning district that encompasses one or more underlying zones and that imposes additional requirements above that required by the underlying zone.
The owner of equipment and appurtenances comprising a solar or wind energy system or battery energy storage system; said entity may also be the energy system or storage system operator.
The area required for parking one automobile which in this chapter is held to be an area at least nine feet wide and 20 feet long, exclusive of passageways and driveways thereto.
A solar energy system that produces electricity using semiconductor devices called photovoltaic cells that generate electricity whenever light strikes them.
Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses.
A place designed and equipped for the conduct of sports and leisure-time activities, which involves the erection or movement of buildings or structures, or involves excavation, extensive grading, or changes to the contours of the land.
A recreation facility operated as a business and open to the public for a fee.
A recreation facility operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
Any enclosed motor vehicle or trailer used or designed to be used for recreational travel and temporary living and/or sleeping purposes including motor homes, truck campers, camping trailers, campers, travel trailers, popup trailers, tent trailers, and overnight trailers.
A church, synagogue or other place of religious worship, as well as a monastery or other place of religious retreat, which is tax-exempt and incorporated.
A commercial facility engaged in the indoor selling goods or merchandise to the general public for personal or household consumption; or providing indoor retail services or entertainment to the general public such as eating and drinking establishments, finance, real estate and insurance, personal services, amusement and recreational services, health, educational and social services; and not including sales and service for new and used automobiles, trucks, manufactured homes, boats, recreational vehicles, farm implements, tree nurseries and other large items stored outdoors for retail sales.
A commercial facility, including sales, rental, lease, and service or repair for new and used automobiles, trucks, manufactured homes, boats, recreational vehicles, farm implements, tree nurseries (and garden shops) and other large items stored outdoors.
A stall or booth of a temporary nature for the sale of farm or garden products grown on the premises.
Vegetation, fencing, or earthen materials used to block, in part or whole, visibility toward and/or away from a site. Screening may also be used to lessen noise impacts from a particular site or from adjacent land uses.
Any device affixed to or painted or represented directly or indirectly upon a building, structure, or land and which directs attention to an object, product, place, activity, person, institution, organization, or business, but not including any flag, badge, or insignia of any government or governmental agency, school, or religious group, or of any civic, charitable, religious, patriotic, fraternal, or similar organization, nor any official traffic control device. Each display surface shall be considered to be a sign.
A sign which directs attention to a business, commodity, service, or entertainment sold or offered elsewhere than upon the premises where such sign is located, or to which it is affixed, only incidentally on the premises, if at all.
A sign which directs attention to a business or profession conducted, or a commodity, service, or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed. A for sale or to let sign relating to the lot on which it is displayed shall be deemed to be a business sign.
A solar photovoltaic cell, panel, or array or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
Solar collectors, controls, energy storage devices, heat pumps, heat exchangers/inverters, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal, photovoltaic, and passive solar.
An electrical generating system composed of a combination of both solar panels and solar energy equipment.
A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or the facade, which does not alter relief of the roof. Some examples of BIPV systems include glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
A solar energy system that is affixed to the roof or side(s) of a building or other structure, either directly or by means of support structures or other mounting devices. Solar energy systems constructed over a parking lot are considered building-mounted solar energy systems.
A solar energy system that is affixed to the ground either directly or by support structures or other mounting devices and that is not attached or affixed to an existing structure. Each contiguous structure is considered an accessory structure within this chapter. Polemounted solar energy systems shall be considered ground-mounted solar energy systems.
Any solar energy system that cumulatively on a lot meets one of the following provisions:
Any solar energy system that has an accessory use and cumulatively on a lot meets all of the following provisions:
A permit for special uses which must be approved by the Planning Board, granting permission to the Zoning Officer to issue a zoning permit.
An accessory building in which horses are kept for private use and not for hire or sale.
A principal or accessory building in which horses are kept for remuneration, hire, or sale.
That portion of a building included between the surface of any floor and surface of the floor next above it, or if there be no floor above it, the space between any floor and the ceiling next above it.
That part of a building between a pitched roof and the uppermost full story, and having a floor area at least half as large as the floor below. Space with less than five feet clear headroom shall not be considered as floor area.
A public or private way which affords the principal means of access to abutting property.
Any change in the supporting members of a building.
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.
An open lot or part thereof, with its appurtenant structures and facilities, devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis.
A dwelling where transient guests are lodged for hire.
Terminal facilities for handling freight with or without maintenance facilities and buildings; used primarily for the storage of goods and materials.
Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
Facilities, including windmills, energy storage devices, and related materials, hardware, or equipment necessary to the process by which wind is converted into another form of energy, and such energy is stored, protected from unnecessary dissipation and distributed for private purposes.
Wind generating facilities which generate 25 megawatts or more original power on-site to be transferred to a transmission system for distribution to customers. The definition of major wind power generating facilities shall not include minor wind power generating facilities.
Wind generating facilities which generate original power on-site that are designed to meet energy needs on premises.
An open, unoccupied space on the same lot with a main building extending the full width of the lot and situated between the street line and the front line of the main building projected to the sides of the lot.
A space on the same lot with a main building, open and unoccupied except for accessory buildings, extending the full width of the lot and situated between the rear line of the main building projected to the side lines of the lot and the rear line of the lot.
An open unoccupied space on the same lot with a main building, situated between the side line of the main building and the adjacent side line of the lot and extending from the front yard to the rear yard.