Village of Thomaston, NY Residence R-7 Districts

Public library, nonprofit public art gallery, nonprofit public museum, municipal meeting hall, village offices, municipal firehouse and municipal recreational use.

(6)

With the permission of the Board of Trustees, public utility company electric substations with transformers, regulators, switchgear, usual accessories and protective fencing, provided that the Board of Trustees may require such protective and decorative measures as may be appropriate, including screening and landscaping with trees, shrubs and similar plantings, and such other conditions as may be required to protect the public health, safety and welfare.

The principal uses in Subsection A may be accompanied by one or more of the following accessory uses:

(1)

Greenhouse, provided that it is not used for the growing of trees, shrubs, vegetables, plants or flowers for sale, and provided that there is no display of products and no advertising, and provided that any detached greenhouse conforms to all requirements in respect to an accessory building and that any heating plant accompanying such facility is located not less than 10 feet from the side and rear lines of the lot.

(2)

Home occupation, as defined in this Code.

[Amended 3-25-1997 by L.L. No. 6-1997]

(3)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(3), which dealt with home occupations, was repealed 3-25-1997 by L.L. No. 6-1997.

(4)

Accessory parking, accessory private garage and/or outdoor garden storage shed, provided that all accessory detached structures conform to all required setbacks from side and rear lot lines, and further provided that detached accessory buildings not be used for either residence or business purposes.

(5)

(Reserved)[2]

[2]

Editor's Note: Former Subsection B(5), which dealt with nonilluminated signs, was repealed 11-26-1996 by L.L. No. 15-1996.

§ 203-35 Minimum lot area, street frontage and width.

[Amended 9-22-1986 by L.L. No. 7-1986; 2-8-1988 by L.L. No. 1-1988]

No building shall hereafter be constructed on a lot having an area of less than 7,000 square feet or having a street frontage of less than 35 feet.

A minimum lot width of 60 feet shall be maintained from the front yard line on an interior lot or from the front yard line along the lesser of the two street lines on a corner lot as far as a line drawn parallel to said street line at a distance of 100 feet therefrom or 30 feet beyond that point of construction of the principal building that is located farthest from such street line, whichever distance is greater.

§ 203-36 Maximum building area and floor area ratio.

[Amended 2-8-1988 by L.L. No. 1-1988]

The building area shall not exceed 25% of the lot area. In the case of any lot held in single and separate ownership at the effective date of this amendment and having an area of 5,500 square feet or less, the building area shall not exceed 35% of the lot area.

The floor area ratio on any lot shall not exceed 0.40.

§ 203-37 Yard and setback requirements.

[Amended 2-8-1988 by L.L. No. 1-1988]

Front yard. Except as set forth hereinafter, there shall be a front yard, the depth of which shall not be less than 25 feet.

(1)

In that portion of the Residence R-7 District which is designated as R-7C on the Zoning Map,[1] the minimum depth of the required front yard shall be 20 feet.

[1]

Editor's Note: The Zoning Map is on file in the office of the Village Clerk-Treasurer.

(2)

In no case shall the minimum required depth of a front yard be less than the average setback within 200 feet of the proposed structure or building.

[Amended 8-8-1988 by L.L. No. 5-1988]

Rear yard. There shall be a rear yard, the depth of which shall not be less than 25 feet plus 1/2 of the depth of the lot in excess of 100 feet. Where the depth is less than 100 feet, six inches may be deducted from the required depth of the rear yard for each foot in depth such lot shall lack of said 100 feet, but the depth of such rear yard shall in no case be reduced thereby to less than 15 feet.

Side yards.

(1)

Any building other than a dwelling shall have two side yards, each having a minimum width of 15 feet.

(2)

In the case of any dwelling, except as set forth hereinafter, there shall be two side yards, one on each side of the main building, the aggregate width of which shall be at least 24 feet. Neither side yard shall be less than 10 feet wide; provided, however, that in a case of a lot held in single and separate ownership at the effective date of this chapter and of a width less than 50 feet, six inches may be deducted from the required aggregate width of the side yards for each foot in width such lot shall lack of said 50 feet, but no side yard shall be less than five feet wide.

(3)

In that portion of the Residence R-7 District which is designated as R-7C on the Zoning Map, in the case of a dwelling, the aggregate width of the two required side yards shall be at least 18 feet. Neither side yard shall be less than eight feet wide.

§ 203-38 Building height restrictions.

[Amended 2-8-1988 by L.L. No. 1-1988]

Except as set forth hereinafter, no dwelling shall exceed a height of 2 1/2 stories or 30 feet. Any dwelling with a height greater than 30 feet on the effective date of this amendment shall be considered in conformance therewith.

Buildings other than dwellings shall not exceed a height of three stories or 30 feet.

§ 203-39 Corner lots.

In the case of a corner lot, a building shall be required to comply with the front yard restrictions on all street fronts. The depth of yard from the other street lines shall be 15% of the width of the lot but need not be more than 10 feet.

§ 203-40 Minimum floor area of dwellings.

[Amended 2-8-1988 by L.L. No. 1-1988; 12-10-1990 by L.L. No. 13-1990]

No single-family detached dwelling shall hereafter be erected unless it shall have a minimum floor area of 1,500 square feet. For the purpose of this section, the term "floor area" shall be that area enclosed within the outside walls of the principal building, excluding cellar, basement, attic, unenclosed porches, terraces and steps, garages and rooms for heating and ventilating equipment. To qualify as floor area for the purposes of this section, the second or attic floor shall have or permit a structural headroom of at least seven feet six inches in respect of so much of the floor area as shall be deemed so qualified, and full flooring shall be laid thereon, and such floor area to so qualify shall also have access from the floor below by a permanent built-in stairway.

§ 203-41 Reconstruction of partially destroyed residences.

Whenever an existing residence on a lot affected by this Article of this Chapter 203, Zoning, shall be destroyed by fire, storm, flood or other act of God to the extent that 50% or more of said residence shall be destroyed, then and in such event such residence may be reconstructed to no greater bulk nor floor area than that which existed at the time of the destruction of said residence or as is now permitted by this chapter, whichever is greater; provided, however, that such residence shall have been in conformity with all the provisions of this Article as of 12:00 midnight of the day prior to the adoption of this section. If such residence shall not have been in conformity with all of the provisions of this Article as of 12:00 midnight of the day prior to the adoption of this section, then and in such event this section shall have no application thereto.[1]

[1]

Editor's Note: Former § 148-35, Central air-conditioning system equipment, which immediately followed this section, was repealed 1-10-1994 by L.L. No. 1-1994. See now § 203-122.