A.
Generally. No building shall be erected, moved, altered,
rebuilt or enlarged, nor shall any land or building be used, designed
or arranged to be used, for any purpose or in any manner except in
conformity with this chapter and particularly with the specific regulations
for the district in which such building or land is located. Any use
not specifically permitted by this chapter is prohibited.
B.
Minimum requirements. In interpreting and applying
the provisions of this chapter, they shall be held to be the minimum
requirements for the promotion of the public safety, health, convenience,
comfort, prosperity or general welfare. It is not intended by this
chapter to interfere with or abrogate or annul any easements, covenants
or other agreements between parties; provided, however, that, where
this chapter imposes a greater restriction upon the use of buildings
or premises or upon height of buildings, or requires larger open spaces
that are imposed or required by other ordinances, rules, regulations
or by easements, covenants or agreements, the provisions of this chapter
shall govern.
A.
Required lot area. No building or structure shall
be constructed or altered so as to conflict with the required minimum
lot area for the district in which such building or structure is located.
No parcel or lot shall be so reduced in area, width or depth so as
to be smaller than required for the zoning district in which said
lot or parcel is located.
B.
Lot required for every building. Every building erected after the
effective date of this chapter shall be located on a lot, as defined
herein. Except in districts in which multiple principal uses or multiple
principal buildings are expressly permitted on a single lot, no more
than one principal use or principal building and its permitted accessory
uses/structures shall be permitted to occupy a lot.
[Amended 9-27-2017 by L.L. No. 4-2017]
C.
Subdivisions. Should a lot hereafter be formed from
the part of a lot already occupied by a building, such separation
shall be effected in such manner as not to impair conformity with
any of the requirements of this chapter with respect to the existing
buildings and all yards and other required spaces in connection therewith,
and no permit shall be issued for the erection of a building on the
new lot thus created unless it complies with all the provisions of
this chapter and the Subdivision Ordinance[1] of the Town of Rotterdam.
D.
Lots in two districts. Where a district boundary line
divides a lot in a single or joint ownership of record at the time
such line is adopted, the regulations for the less restricted portion
of such lot shall extend not more than 30 feet into the more restricted
portion, provided that the lot has frontage on a street in the less
restricted district.
A.
Generally. No building or structure shall be constructed,
erected or altered so as to conflict with the required front, side
and rear yards for the district in which such building or structure
is located, except as may otherwise be permitted in this section.
B.
Yard for every building. No yard or other open space
provided about any building for the purpose of complying with the
provisions of these regulations shall be included as any part of the
yard or open space for any other building; no yard or any other open
space on one lot shall be considered as a yard or open space for a
building on any other lot.
C.
Yards in adjoining districts. Where a residential
district adjoins any other district on a side or rear yard, such other
district or districts shall be subject to the same side and rear yard
requirements on the lots directly adjoining said residential district.
D.
Projections into yards.
(1)
Porches. All porches, both enclosed and unenclosed,
erected on piers or on a solid foundation shall be considered a part
of the building only in the determination of the size of yards or
lot coverage.
(2)
Projecting architectural features. The space in any
required yard shall be open and unobstructed, except for the ordinary
projection of window sills, cornices, eaves and other architectural
features; provided, however, that such features shall not project
more than two feet into any required yard, except as provided below.
(3)
Bay windows. Solar-energy collection systems, bay
or bow windows, including cornices and eaves, may project not more
than three feet into any required yard; provided, however, that the
width of such projection of any wall or room does not exceed 1/3 of
the length of a side wall.
On a corner lot in any district, no fence, hedge
or other obstruction more than 3 1/2 feet in height above the average
street elevation shall be caused to exist within the triangle formed
by the intersecting street lines and a straight line joining said
street lines at points which are 30 feet in distance from the point
of intersection measured along said street lines. This restriction
shall apply to all hedges, fences and landscaping heretofore erected
and now existing at a height greater than herein allowed.
No residential dwelling unit shall be erected
or altered so that it contains less than 625 square feet of floor
area. Such dwelling unit shall contain not less than 5,000 cubic feet
of interior volume. No commercial principal use shall contain less
than 500 square feet of floor area.
This chapter is not intended to restrict the
construction or use of underground or overhead lines or of other structures
used for public utility purposes by corporations organized under the
laws of the State of New York and subject to the jurisdiction of the
Public Service Commission of the State of New York; however, the establishment
of public utility buildings or substations in residential districts
shall require a special permit and shall be subject to such conditions
as the Planning Board may impose in order to preserve and protect
the character of the district.
A.
Location. No permitted accessory use or building shall
be located in the front yard in a residential district, except parking
and landscaping.
B.
Height. No accessory building or structures shall
exceed 14 feet in height.
C.
Yards. No detached accessory building or structure
shall be located less than five feet from any rear or side lot line,
except for permitted fences. Every attached accessory building or
structure shall conform to all yard regulations of the principal building
or use.
D.
Exempted structures. If proposed handicap ramps and
railings do not meet the minimum yard setback requirements of the
zoning district, such handicap ramps and railings may be approved
and permitted by the Town Engineer or Building Inspector/Code Enforcement
Officer as a necessary use, provided that abutting property owners
are notified and state in writing their acceptance of the proposed
structure.
[Added 12-9-1998 by L.L. No. 18-1998; 7-9-2003 by L.L. No.
9-2003]
[Added 4-26-1989 by L.L. No. 6-1989]
Only one principal use shall be permitted on any lot, except that two or more principal uses may be allowed on the same lot by the granting of a special use permit therefor in accordance with the procedure prescribed by Article XIX of this chapter.
[Added 11-24-1999 by L.L. No. 17-1999]
A.
Purpose. The purpose of permitting temporary accessory
home-care units is to:
(1)
Provide housing arrangements which meet the
needs of the elderly and/or disabled population in the community by
affording an opportunity for them to live in close proximity to family
members who can help maintain their health, independence and privacy.
(2)
Preserve the single-family residential character
of neighborhoods by ensuring that temporary accessory home-care units
are installed only in conjunction with owner-occupied single-family
houses and under such additional conditions as may be appropriate.
B.
General requirements.
(1)
One temporary accessory home-care unit is permitted,
provided that it is attached to the main dwelling unit which is owner-occupied
and that the apartment is occupied by a person or persons related
to the owner by blood, adoption, marriage or as a caregiver to provide
essential care to said person based on certification of such by a
health-care professional or based on demonstrated need, as determined
by the Planning Commission.
(2)
The accessory home-care unit shall have a floor
area of not more than 750 square feet and shall have a common entrance
or use an existing entrance. Only a single accessory home-care unit
is permitted on any one parcel.
(3)
The site can accommodate sufficient off-street
parking for principal and accessory home-care unit dwellers' needs.
No more than two individuals will be allowed to live in any one accessory
home-care unit, unless approved during the temporary special use permit
process.
(4)
A temporary accessory home-care unit is allowed
in R-1 (single-family residential), RA (residential agricultural)
and A (agricultural) Zones only and must fully comply with zoning
codes in the proposed district as a special use. The accessory home-care
unit shall comply with the yard setbacks, building heights and lot
coverage requirements which apply to the single-family dwelling zone
in which it is located.
(5)
The proposed parcel must be able to adequately
accommodate the accessory home-care unit. The Department of Public
Works must approve the adequacy of services, including sanitary disposal
and water services.
(6)
All deeds for property containing an accessory
home-care unit shall have a covenant indicating that the accessory
home-care unit is permitted only when the main dwelling or accessory
home-care unit is owner-occupied and the accessory home-care unit
or main dwelling is occupied by a person or persons related to the
owner by blood, adoption, marriage or as a caregiver. Said deed shall
be filed in the office of the Schenectady County Clerk, and proof
of filing shall be submitted to the Department of Public Works within
60 days after issuance of the temporary special use permit.
(7)
A special use permit issued pursuant to this provision and Article XIX is temporary and ceases when the applicant no longer meets the conditions for such use. Once issued, there is an annual renewal fee of $25 with continued compliance, issued and enforced by the Department of Public Works. Failure of renewal prior to its expiration date is a violation of the Town Zoning Code and will result in prosecution. Upon cessation of the special use permit, all kitchen improvements shall be removed following a restoration plan as part of the application for the discontinuance of use as detailed in Subsection B(8)(d). The owner is to restore the residence within 90 days once the accessory unit is no longer needed.
(8)
Conditions. An application for a building and
zoning permit for an accessory home-care unit requires the following
information:
(a)
A statement of need signed by the applicant
providing the relationship to the owner-occupant, age and/or disability
with a written statement from a health-care professional.
(b)
Building plans meeting the New York State Uniform
Fire Prevention and Building Code, at a minimum detailing the interior
access between units.
(c)
Site plan requirements: drawn at a scale of
one inch equals 30 feet, including:
[1]
The applicant's name and address.
[2]
The location and size of all structures on the
applicant's lot, including the single-family dwelling unit, all accessory
buildings and structures, driveway and parking areas, easements, etc.
[3]
The proposed location, point of entry and size
of the accessory home-care unit.
[4]
Building elevations of any proposed additions.
(d)
Restoration plan. The restoration plan shall
be a detailed plan for removal of the accessory home-care unit and
shall identify those structures, exterior and interior walls, electrical
and plumbing improvements and connections to public water and sewer
services to be retained and those removed upon cessation of the accessory
home care use. In particular, it shall include a removal plan for
all kitchen-related improvements facilitating the preparation of food,
including but not limited to such items as sinks, stoves, counters
and refrigerators.
[Added 4-27-2005 by L.L. No. 9-2005]
[Added 11-9-2022 by L.L.
No. 8-2022]
A.
Where raising chicken hens as an accessory use is permitted under
this chapter, the following regulations shall apply:
(1)
Permit requirements.
(a)
The property owner or occupant shall obtain a permit from the enforcement official designated in § 270-170 of this chapter. An applicant for a permit under this section shall submit a completed application, along with a plan showing the location of the chicken enclosure and the chicken run, and shall pay such application fee as may be established by the Town Board. Prior to issuance of a permit, the Building Inspector shall inspect the chicken enclosure and chicken run.
(b)
Such permit shall be valid for one year. Such property owner
or occupant shall renew such permit annually so long as the accessory
use of raising chicken hens continues, and shall pay such renewal
fee as may be established by the Town Board.
(c)
Any permit or renewal issued under this section may be revoked
by the enforcement official upon determination that a violation of
this section is or has occurred. If a permit under this section is
revoked, no permit under this section shall be issued for the same
lot for a period of two years.
(d)
Any person aggrieved by a decision of the enforcement official under this section may seek review of such decision in accordance with § 270-177 of this chapter.
(e)
Upon discontinuance of the accessory use of raising chicken
hens, the permit holder shall notify the enforcement official, whereupon
the enforcement official shall inspect the property and the permit
shall be terminated.
B.
All applicable provisions of the New York State Uniform Fire Prevention
and Building Code, as amended from time to time, shall be satisfied.
C.
The minimum lot size for the raising of chicken hens shall be 9,000
square feet.
D.
No more than six chicken hens may be kept, maintained, housed, or
possessed on a single lot.
E.
Roosters are prohibited.
F.
Outdoor slaughtering of chicken hens is prohibited.
G.
Chicken hens shall be fed from a trough or similar container. Scattering
of chicken feed on the ground is prohibited.
H.
Chicken feed shall be stored in a secure, rodent-proof, covered metal
container within a fully enclosed structure on the property.
I.
Chicken hens shall be kept for personal, noncommercial use only.
Breeding of chickens, the sale of eggs, meat or other chicken products,
and the production of fertilizer are prohibited.
J.
A chicken enclosure and chicken run shall be provided. The chicken
enclosure shall be a covered, well-ventilated, predator-resistant
structure sufficient to provide safe and healthy living conditions.
A chicken enclosure shall provide a minimum of four square feet per
chicken hen. A chicken run shall provide a minimum area of 10 square
feet per chicken hen.
K.
No chicken enclosure or chicken run shall be located closer than
25 feet from any property line. No chicken enclosure or chicken run
shall be located in any front or side yard(s).
L.
The chicken enclosure and chicken run, along with any other areas
on the lot where the chicken hens access, shall be regularly cleaned
of waste material. Such cleaning shall be undertaken on a sufficiently
regular schedule to prevent offensive odors and attraction of rodents,
pests, or parasites, but in no case less frequently than weekly.
M.
Chicken hens shall at all times be confined to the chicken enclosure
and chicken run, or otherwise fenced-in area sufficient to prevent
movement beyond the lot lines.
