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.
[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]
All land development activity must comply with Article
XXVI (§
270-215).
[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.
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.