A.
There is hereby established a Comprehensive Zoning Plan for the Town of Carmel, in the County of Putnam, hereinafter referred to as the "Town," which plan is set forth in the text, Zoning Map and Schedule of District Regulations that constitute this chapter.
B.
Said plan is adopted for the protection and promotion
of the public health, safety and welfare as follows:
(1)
To lessen congestion in the streets.
(2)
To secure safety from fire, flood, panic and other
dangers.
(3)
To promote health and the general welfare.
(4)
To provide adequate light, air and open space.
(5)
To prevent the overcrowding of land or buildings.
(6)
To avoid undue concentration of population.
(7)
To facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements.
(8)
To promote conservation of open space and valuable
natural resources and to prevent urban sprawl and degradation of the
environment through improper use of land.
(9)
To promote the conservation of nonrenewable energy
sources.
C.
Such regulations were made with reasonable consideration,
among other things, to the character of each district and its peculiar
suitability to particular uses and with a view of conserving the value
of property and encouraging the most appropriate use of land throughout
the Town.
This chapter shall be known as the "Town of
Carmel Zoning Ordinance."
[Amended 9-22-1982; 3-20-2002 by L.L. No. 1-2002]
The Town of Carmel is hereby divided into the districts shown on the Zoning Map and listed below:
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Residential
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Commerce/Business Park
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Commercial
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Conservation
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New York City - Watershed
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New York City - MOA
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Recreation/Trail way
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Water body
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In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately
following streets, rights-of-way or watercourses, the center lines
thereof shall be construed to be the district boundaries.
B.
Where district boundaries are indicated as approximately
following the edge of lakes, ponds, reservoirs or other bodies of
water, the mean high-water lines thereof shall be construed to be
the district boundaries.
C.
Where district boundaries are indicated as approximately
following the lot lines of private parcels, parks or other publicly
owned lands, such lot lines shall be construed to be the district
boundaries.
D.
In all cases where a lot in one ownership of record
is divided by one or more district boundary lines, regulations for
the less restricted portion or portions of such lot shall not extend
into the more restricted portion or portions.
E.
In all cases where a district boundary line is located
not farther than 25 feet away from a lot line of record, such boundary
line shall be construed to coincide with such lot line.
F.
In all other cases where dimensions are not shown
on the map, the location of district boundary lines shown on the map
shall be determined by the use of the scale appearing thereon.
G.
In cases of uncertainty or disagreement as to the
true location of any district boundary line, the determination thereof
shall lie with the Board of Appeals as hereinafter provided.
[Amended 3-20-2002 by L.L. No. 1-2002]
The location and boundaries of the districts enumerated in § 156-3 of this chapter are hereby established as shown on the Official Zoning Map of the Town of Carmel, dated February 20, 2002, which is attached hereto and made a part of this chapter, together with all notations, references and designations shown thereon.[1]
A.
Authentication. Subsequent to the adoption of Local Law No. 1-2002, the original copy of the Official Zoning Map shall be authenticated by the seal of the municipality, signed by the Town Clerk, under the following certificate: "I certify that this is the Official Zoning Map of the Town of Carmel, New York, referred to in Chapter 156 of the Town Code of the Town of Carmel, New York."
B.
Maintenance. The original tracing of the Official Zoning Map shall be maintained in the office of the Town Clerk and shall be made available for public reference. Copies of the Official Zoning Map shall be reproduced for public distribution with the complete Zoning Ordinance. However, the original tracing of the Official Zoning Map shall be used as the final authority as to the current status of zoning districts in the Town of Carmel.
C.
Changes.
(1)
When, in accordance with the provisions of this chapter and of the state law, changes are made in district boundaries or other matters portrayed in the Official Zoning Map, such changes will not become effective until the Official Zoning Map has been amended.
(2)
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Town Board may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may contain corrected drafting or other errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the original Zoning Map or any amendment thereof.
(3)
Unless the prior Zoning Map has been lost or totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
A.
Following the effective date of this chapter, no building
shall be erected, moved, altered, rebuilt or enlarged, except as specified
elsewhere in this chapter, nor shall any land or building be used
for any purpose or in any manner, except in conformity with all regulations,
requirements and/or restrictions specified in this chapter for the
district in which such building or land is located.
B.
In interpreting and applying this chapter, the requirements
contained herein are declared to be the minimum requirements for the
protection and promotion of the public health, safety, morals, comfort,
convenience and general welfare. This chapter shall not be deemed
to affect in any manner whatsoever any easements, covenants or other
agreements between parties; provided, however, that where this chapter
imposes a greater restriction upon the use of buildings or land or
upon the erection, construction, establishment, moving, alteration
or enlargement of buildings than is imposed by other ordinances, rules,
regulations, licenses, certificates or other authorizations or by
easements or covenants or agreements, the provisions of this chapter
shall prevail.
A.
All words used in the present tense include the future
tense, all words in the plural number include the singular number
and all words in the singular number include the plural number, unless
the natural construction of the wording indicates otherwise.
B.
Unless otherwise specified, all distances shall be
measured horizontally.
C.
The word "Town" means the Town of Carmel, the term
"Town Board" means the Councilmen and Supervisor of said Town; the
term "Board of Appeals" means the Zoning Board of Appeals of said
Town; the term "Planning Board" means the Town Planning Board of said
Town.
D.
The term "Town Plan" means a Master Plan adopted by
the Town Planning Board pursuant to § 272-a of the Town
Law.
E.
The word "shall" is mandatory and not discretionary.
For the purposes of this chapter, certain words
and terms used herein are defined as follows:
A building detached from and subordinate to the main building
on the same lot and used for purposes customarily incidental to those
of the main building.
A dwelling unit as defined in this chapter, which is subordinate
no and located within an existing single-family dwelling or existing
accessory building.
[Added 9-13-1995 by L.L. No. 6-1995; amended 1-21-1998 by L.L. No. 1-1998]
A use which is customarily incidental and subordinate to
the principal use of a lot, water area or a building and located on
the same lot or water area therewith.
To change, enlarge or rearrange the structure or parts of
the existing facilities of a structure or to move a building from
one location or position to another.
A multifamily residential structure of not more than two
stories containing three or more dwelling units.
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of motor fuels and which
may include the sale of motor vehicle accessories, facilities for
lubricating, washing or otherwise repairing and servicing motor vehicles,
but not including body work, painting or the sales of vehicles.
An establishment primarily devoted to the serving of alcoholic
beverages and in which the service of food is only incidental to the
consumption of such beverages.
[Added 12-17-2008 by L.L. No. 6-2008]
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
A natural or man-made shore adjacent to a body of water or
a constructed pool, open to the general public for a fee.
An owner-occupied dwelling in which no more than four bedrooms
are available as overnight accommodations for paying, transient guests
to whom a morning meal may be served.
[Added 3-1-1995 by L.L. No. 2-1995]
A sign which directs attention to a product, business, service
or entertainment conducted, sold or offered elsewhere than upon the
lot on which said sign is located.
A dwelling having no more than one kitchen, occupied by one
family and three or more boarders, roomers or lodgers who are lodged
with or without meals and who use it as a temporary residence.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy or use and having
a roof.
The mean horizontal distance between the furthermost walls
of a building.
Any area of land or land and water, including any buildings,
tents, shelters or other accommodations for recreational use, including
such accommodations suitable for temporary or seasonal group living
purposes.
Any camp, as defined in this chapter, offering day care or
instruction for adults or children and not qualifying as a private
educational institution or day nursery, as defined in this chapter.
That space in a building that is partly or entirely below
grade and which has more than half of its heights measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
A residential development that obtains a lot count through
conventional subdivision approval, then develops the parcel at the
same density that would be allowed in the zoning district in which
the site is located, provided that the remaining undeveloped land
shall be reserved and improved for permanent open space use.
[Amended 7-2-2008 by L.L. No. 2-2008]
Any establishment where three or more persons suffering from
or afflicted with or convalescing from any infirmity, disease or ailment
are habitually kept or boarded or housed for remuneration other than
a group home or community residence, as defined by the Laws of the
State of New York, municipal or incorporated hospitals and establishments
for the care of the mentally ill, licensed by the State Commissioner
of Mental Hygiene, or maternity homes licensed by the State Commissioner
of Health or other governmental agencies.
The percentage of the lot area covered by the combined area
of all buildings or structures on the lot, including the area of any
floor space projecting beyond the outer limits of the first floor
of all buildings on the lot, and excluding paved areas and underground
fuel, drainage and water and sewer systems.
A program licensed by the New York State Department of Social
Services pursuant to § 390 of the New York Social Services
Law that provides care for seven or more children for more than three
hours but less than 24 hours a day away from the child's home by an
individual, association, corporation, institution or agency except
those programs operating as group family day-care centers. "Day-care
center" shall not refer to a day camp, an after-school program operated
for the primary purpose of religious education or a facility operated
by a public school district.
[Added 11-7-2001 by L.L. No. 5-2001]
One or more buildings containing retail stores, service,
professional offices, eating, drinking or entertainment establishments
and accompanying on-site parking, loading and vehicular and pedestrian
circulation facilities, in accordance with a comprehensive design.
[Added 9-22-1982; amended 7-2-2008 by L.L. No. 2-2008]
A building containing three or more dwelling units.
A building containing three or more dwelling units all of
which are occupied exclusively by persons 55 years of age or older,
the spouse of any such person and/or the adult dependent handicapped
or disabled child of any such person.
[Added 10-21-1998 by L.L. No. 9-1998; amended 7-10-2002 by L.L. No. 2-2002]
A building with one or two dwelling units beside the other,
completely separated therefrom by a party or common wall with no openings
therein.
A detached building designed for occupancy as one dwelling
unit for one family.
A detached building designed for occupancy as two dwelling
units for two separate families.
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
Any nonpublic school or institution conducting a regularly
scheduled curriculum of study similar to that of the public schools,
and operated by not-for-profit corporations under the Education Law
of New York State. This does not include schools of a correctional
nature, training schools or homes for delinquents or any other similar
institutions having legal custody of their inhabitants.
Two or more persons related by blood, marriage or legal adoption,
or five unrelated adults living together as a single housekeeping
unit.
A parcel of land used for the purposes of producing agricultural
or horticultural products, including nursery stock and livestock customarily
kept on a farm, but not including the breeding, raising or maintaining
of fur-bearing animals, animal kennels and riding academies. A noncommercial
garden or greenhouse accessory to a residential use shall not be deemed
a "farm" or farm use.
The sum of the gross horizontal areas of any building or
buildings, measured from the interior faces of interior walls. "Floor
area" shall not include cellar space, stairways, unenclosed porches
and breezeways or any floor space with a floor-to-ceiling height of
less than seven feet.
A building or part thereof used by residents or other occupants
of the site primarily for the storage of their motor vehicles. No
more than one commercial licensed vehicle with a net weight exceeding
6,000 pounds and an overall length exceeding 20 feet shall be permitted
to be stored in such garage.
The finished grade at any point along the wall of a building
shall be the elevation of the completed surfaces of lawns, walks and
roads adjoining the wall at that point.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof in the case of flat roofs and, in the case of pitched
roofs, from that average elevation of the finished grade to the average
height of the gable.
An activity conducted within a dwelling and carried on by an inhabitant thereof, which use is secondary to the use of the dwelling for dwelling purposes as customarily found in the home, and does not change the character thereof. Individuals engaged in the teaching of a musical instrument, including voice instruction where limited to a single pupil at a time, and the occupation of dressmaker, milliner or seamstress are deemed to be home occupations. Dance instruction, band instrument instruction in groups, tearooms, beauty parlors, barbershops, real estate offices or insurance offices shall not be deemed home occupations. (See § 156-18.)
Unless otherwise specified, includes a sanatorium and any
other place for the diagnosis, treatment or other care of human ailments,
but not including a rest home, medical clinic, nursing or convalescent
home, community residences or group homes, as defined by the laws
of the State of New York.
A building or portion thereof, with or without individual
kitchen facilities, other than a boarding, lodging or rooming house
or motel, as defined herein, containing 50 or more rooms, occupied
or intended to be occupied primarily by transients and where there
may be a general kitchen, dining facilities and other public rooms
for the use of all guests.
[Added 12-28-2005 by L.L. No. 4-2005]
Any portable or mobile vehicle used or intended to be used
for living purposes.
Any house trailer other than a mobile house trailer.
Any house trailer with its wheels, rollers or skids in place
or capable of being readily moved from its location and having only
temporary connections if connected to any water, electric or sewage
disposal system.
A lot or part thereof or a structure used primarily for the
collection, storage or sale of wastepaper, rags, scrap metal or other
scrap or discarded material or for collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition or
for the sale of parts thereof.
A space, open or enclosed, for the loading or unloading of
goods to or from a vehicle, having safe and convenient access to a
street, at least 12 feet wide, 35 feet long with 14 feet of headroom.
A parcel of land not divided by street.
The total horizontal area included within lot lines.
A lot located at the junction of and having at least 50 feet
of frontage on two or more intersecting streets.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
Any boundary of a lot.
The lot line which is generally opposite the front lot line.
If the "rear lot line" is less than 10 feet in length or if the lot
comes to a point at the rear, the "rear lot line" shall be deemed
to be a line parallel to the front line not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
The width of the lot measured at right angles, at the midpoint
of the lot depth.
[Added 12-14-1983]
A building in which the main or principal use of the lot
is conducted.
A building or building group designed for occupancy as the
temporary residence of individuals who are lodged with or without
meals and in which no provision is made for a guest's cooking in any
individual room or suite.
[Amended 12-28-2005 by L.L. No. 4-2005]
An establishment where alcoholic beverages may be sold and
consumed on the premises and where live entertainment and/or centrally
controlled recorded performances take place and which may contain
a stage, staging area and/or designated dance floor. A nightclub does
not include live dancing of undressed or semidressed persons.
[Added 12-17-2008 by L.L. No. 6-2008]
A use of a building or of land that does not conform to the
regulations as to use in the district in which it is situated.
A place, building or structure designed to provide care or
instruction for two or more children under six years of age.
See "convalescent home."
An outdoor area, on private, commercially used property,
either on a sidewalk or other designated area, providing area for
patrons/customers to sit or to stand, with or without tables, intended
for the consumption of food and/or drinks.
[Added 12-17-2008 by L.L. No. 6-2008]
An off-street space which, exclusive of driveways and turning
areas, is at least 10 feet wide and 20 feet long, each space shall
abut sufficient aisle space to be functional. However, a parking space
may have dimensions of 10 feet by 18 feet if a raised bumper is provided
allowing for a minimum two-foot overhang.
Parking, loading or other space paved in accordance with
specifications of the Town of Carmel.
A planned facility, including any building or group of buildings
and outdoor areas, open to use by or catering to the general public
where recreational, athletic, meeting or exhibition facilities are
provided, including playing fields, courts, arenas or halls designed
to accommodate sports and recreational activities such as but not
limited to billiards, bowling, gymnasiums, health spas, skating rinks,
tennis courts, paddle tennis, handball and squash facilities, swimming
pools, golf facilities and meetings and uses accessory and incidental
to such uses including but not limited to facility offices, viewing
areas, locker rooms, eating and drinking facilities and retail sale
of goods associated with the primary activities. Facilities for automobile
or animal racing are specifically excluded.
[Added 1-17-2007 by L.L. No. 2-2007]
A building in excess of 150 square feet with a height no
greater than 14 feet, accessory to a one-family dwelling, for storage
such as but not limited to residential tools, gardening supplies,
furniture, sporting goods, etc., located in a rear or side yard of
a lot in the residential zone.
[Added 8-7-2013 by L.L. No. 4-2013]
A building or group of buildings divided into separate units
or compartments, used to meet the temporary storage needs of businesses
and residential users.
[Added 7-2-2008 by L.L. No. 2-2008]
Any paved area between the curbline and a structure, whether
publicly or privately owned, which is used by the public or open to
use by the public.
[Added 12-17-2008 by L.L. No. 6-2008]
An outdoor dining and drinking area located on the public
sidewalk, which is public through dedication, easement or public right-of-way,
that provides waiter or waitress service and contains readily removable
tables, chairs and railings and may contain planters. It is otherwise
unenclosed by fixed walls and open to the air, except that it may
have a retractable awning or umbrella.
[Added 12-17-2008 by L.L. No. 6-2008]
Any device or representation for visual communication used
as or which is in the nature of an advertisement, announcement or
direction, including any letter, word or model, banner, pennant or
insignia, but excluding any public traffic, street or directional
sign.
A development plan of one or more lots which shows the existing and proposed conditions and structures located or to be located on the lot, including all items specified in § 156-61.
A building, not more than 150 square feet with a height no
greater than 14 feet, accessory to a one-family dwelling, for storage
such as but not limited to residential tools, gardening supplies,
furniture, sporting goods, etc. located in a rear or side yard of
a lot in the residential zone.
[Added 7-2-2008 by L.L. No. 2-2008; 8-7-2013 by L.L. No.
4-2013]
That part of any building comprised between the level of
one finished floor and the level of the next higher finished floor
or, if there is no higher finished floor, then that part of the building
comprised between the level of the highest finished floor and the
underside of the roof beams. If a mezzanine floor area exceeds 1/3
of the area of the floor immediately below, it shall be deemed to
be a story. A basement shall be deemed to be a story when the finished
floor immediately above is seven feet or more above the average elevation
of the finished grade. A cellar shall not be deemed to be a story.
An attic shall be deemed to be a story where it meets the requirements
for habitable space.
A way which is an existing state, county or Town highway,
or a way shown upon a subdivision plat approved by the Town Planning
Board, as provided by law, or on a plat duly filed and recorded in
the office of the County Clerk.
Anything constructed or erected, except fences and/or walls
with a height of six feet or less, which requires location on or in
the ground or attachment to something having a location on or in the
ground.
The division of any parcel of land into two or more lots,
plots, sites or other division of land, with or without streets, including
any change of property lines.
A Comprehensive Plan for development of the Town, prepared
by the Planning Board pursuant to § 272-a of the Town Law,
which indicates the general locations recommended for various public
works and reservations and for the general physical development of
the Town, and includes any part of such plan separately adopted by
the Town Board and any amendment to such plan or parts thereof.
A portion of the ground area of a lot which is available
and accessible to all occupants of a dwelling unit or dwelling units
on said lot for outdoor use, which area is not devoted to driveways
or parking spaces, is at least a twenty-five foot minimum dimension
and has no more than 10% of its area with a grade of more than 5%.
The primary purpose for which land, water or building or
structure is used, designed, arranged, intended or for which it is
or may be occupied or maintained.
A boat, ship, or water vehicle driven by air, motor, or human
power, intended for recreational purposes.
[Added 8-7-2013 by L.L. No. 4-2013]
An open space within and extending the full width of the
lot between all street lines and the parts of the building nearest
to such street lines. The depth of a front yard shall be measured
at right angles to the front line of the lot and from the existing
or proposed right-of-way line (or other properties, e.g., the City
of New York's) as proposed by the responsible public entity.
An open space within and extending the full width of the
lot between the rear lot line and the parts of the building nearest
to such rear lot line. The depth of a rear yard shall be measured
from the rear line of the lot or its vertical projection to the part
of the building that is nearest thereto at any story level.
An open space within and extending the full length of the
lot, between the side lot line and the part of the building nearest
to the lot line. The width of a side yard shall be measured at right
angles to the side line of the lot.
