The standards and requirements applying to all
districts regulate activities, uses, structures and conditions that
may be present on a property whether or not a principal building or
use is present. These requirements contribute to and promote the health,
safety, comfort, beauty, conveniences and/or necessities of the property's
occupants, the immediate neighborhood and the DeWitt community.
A. Minimum requirements. In addition to other requirements
outlined in this chapter, all permitted uses, activities, conditions
and/or structures shall comply with the following minimum requirements.
All permitted uses, activities and structures shall:
(1) Be carried on only in buildings and structures in
such a manner to maintain the property free of fire hazards, flooding
and other dangers.
(2) Be conducted wholly within an enclosed building, except
where specifically exempt in this chapter or as expressly permitted
by action from the Town body having jurisdiction.
(3) Adhere to the standards and requirements specified
in this chapter as they relate to, but not limited to, architecture
and site design, parking, drainage, sanitary provisions and safe access.
(4) Be accessible to disabled persons in accordance with
the Americans with Disabilities Act and maintain adequate parking
and provide for disabled persons in accordance with the Americans
with Disabilities Act.
(5) Maintain landscaping as required in this chapter.
(6) Maintain and limit signs as required in this chapter.
(7) Maintain the entire property and improvements thereon
in a clean, sanitary and safe manner as required in this chapter and
any other Town, county, state or federal requirements.
B. Determination of compliance with requirements.
(1) During the review of an application for any zoning
approval, the applicant shall be required to submit data and evidence
documenting that the proposed activity, facility or use will comply
with the provisions of this chapter.
(2) In reviewing such documentation, the Town may seek
the assistance of any board or agency of the Town and any public agency
having jurisdiction or interest in the particular issues, and the
Town may seek advice from a qualified technical expert.
(3) All reasonable costs of the expert's review and report
shall be paid by the applicant.
(4) A negative report by the technical expert and the
applicant's refusal or inability to make alterations to ensure compliance
with this section shall be a basis for denying approval of the application.
C. Review and approval. The Planning Board may modify
any requirement imposed by this article when it finds such action
is warranted by reason of the unique physical conditions of the particular
property or by reason of the particular character of surrounding properties,
provided the modification will not materially alter the intent of
the requirement.
All building mechanical systems, including but
not limited to air-conditioning units, exhaust systems, communications
equipment, satellite dishes, fire escapes, elevator housings, and
other similar elements, shall be integrated into the overall design
and character of the building and site, with care to remotely locate
or screen the same from adjoining uses.
The Town encourages quality design and creative
treatment of modern design subjects. In so doing, care shall be taken
in the design of a building and site to incorporate site features
and neighboring relevant architectural elements into architecture
and site planning.
A. Additions, modifications, repairs or expansions to
single-family dwellings shall be of a design consistent with the present
architecture and shall be constructed of the same materials.
B. For projects other than single-family dwellings, the
Design Guidelines shall be used, along with this chapter, in all phases
of design and development.
C. All buildings constructed in the Town, including single-family
dwellings, shall be constructed utilizing a structural foundation
wall that extends below the frost level and includes vertical and
horizontal insulation. The Planning Board may waive this requirement
for accessory buildings for nonresidential use upon the specific findings
that:
(1) The building will only be used for storage and will
not be heated or cooled.
(2) The soil conditions and grading are such that the
lack of a foundation wall will not cause heaving of the ground within
the building.
There shall be no activities that produce any
material effect on the temperature, motion or humidity of the atmosphere
at the lot line or beyond.
[Added 4-11-2011 by L.L. No. 4-2011]
Outdoor wood boilers and smokehouses shall be considered accessory
uses in the Town of DeWitt.
A. The
New York State Department of Environmental Conservation regulations
and specifically 6 NYCRR Part 247, as amended, shall govern the use
of outdoor wood boilers in the Town.
B. Any
structure, the purpose of which is to heat an area and produce smoke
for an extended period of time, shall be defined as a smokehouse.
The regulations cited above shall control smokehouses with respect
to:
[Amended 9-8-2008 by L.L. No. 6-2008]
All site grading, excavation and filling shall conform to Chapter
160, the Stormwater Management and Erosion and Sediment Control Local Law, and to the following general requirements:
A. Lot grading shall be done in such a way as to preserve
or enhance the topographic features and to provide positive drainage.
All site grading shall be designed to meet the following standards:
|
Minimum Slope
(percent)
|
Maximum Slope
(percent)
|
---|
Planting areas
|
2%
|
25%
|
Parking lot pavement
|
1%
|
5%
|
Driveways
|
2%
|
10%
|
Pedestrian pavements
|
1%
|
8%
|
Sidewalks
|
1%
|
6%
|
B. In any district, upon site plan review by the Planning
Board, a person may obtain a development permit to excavate, deposit,
grade or remove topsoil or other earthen materials for use on or off
the premises. No excavation or deposition of land shall be permitted
which will result in a slope of more than 25% unless, through proper
use of retaining walls or other acceptable techniques, equivalent
safety to persons and property can be obtained, and no such excavation
or deposit shall be permitted to cause erosion.
(1) Where retaining walls are required, they shall be
of a material compatible with the building architecture.
(2) Berms, channels, swales, etc., shall be graded in
such a way as to be an integral part of the grading and paved surface.
Such features shall be designed with smooth vertical transitions between
changes in slope.
(3) All structures shall be designed so as to minimize
the amount of cutting into the embankment, general grading and removal
of vegetative cover.
(4) The location of driveways, walkways and accessory
buildings, as well as general grading, shall conform to the same overall
objectives stated above.
(5) Terracing, sodding, planting and the construction
of retaining walls shall be provided as necessary.
C. Clearing of land shall be regulated as follows:
(1)
"Clearing" is defined as the removal of living
trees. Not included in clearing is the selective removal of trees
as part of an approved forest management plan, the removal of dead
trees or those trees posing a hazard, or the pruning of trees.
(2)
In all nonresidential districts and Residential
R3 Districts, a development permit is required in order to clear land.
(3)
In other residential districts, an owner is
required to obtain a letter of determination from the Department prior
to the clearing of his lot.
(4)
In all nonresidential districts and Residential
R3 Districts, site plan review by the Planning Board is required in
order to clear land.
There shall be no activities that emit radioactivity
exceeding federal guidelines.
There shall be no emission into the atmosphere
of fly ash, dust, fumes, vapors, gases and other forms of air pollution
which can cause damage to life or property or discharge into any sewage
disposal system or stream or into the ground of any materials of such
a nature or temperature as can contaminate any watercourse or supply
or can cause any dangerous or unhealthy condition, except upon approval
of applicable state and/or local agencies having jurisdiction to regulate
such air or water pollution.
The use of a front yard and improvements thereon
are of particular concern to the Town since a front yard is typically
the physical and visual entry to a property. As such, there is a safety
concern involving the location, number and size of curb cuts onto
the property from a public road and in relation to other curb cuts.
Additionally community expectations for a presentable, safe and well-maintained
"public side" of all properties in DeWitt are important to neighborhood
compatibility and Town custom.
A. In residential districts, no front yard shall be used for other than the temporary parking of a motor vehicle or other lawful vehicles, common residential activities except the storage of personal property, and no front yard shall be improved with any structure other than an approved fence, flagpole, mailbox, lamppost, landscaping or approved driveway and/or parking space pursuant to Chapter
161 of the Town Code.