A.
Following the effective date of this chapter, the
district regulations and requirements prescribed for the various districts
established hereby shall govern:
(1)
The use, height, bulk and/or percentage of lot coverage
and wherever specified, the minimum habitable floor area of any dwelling
unit, and the use of any land; and
(2)
The yards, open spaces, lot dimensions and area, off-street
parking and loading facilities with necessary passageways and driveways
appurtenant thereto and, wherever specified, the screening and landscaping
to be provided in connection with erection, alteration or moving of
any building or the use of any land.
B.
No yard or open space required in connection with
any building or use shall be encroached upon, nor shall it be considered
as providing a required open space for any other building on the same
or any other lot.
C.
No lot shall be formed from part of a lot already
occupied by a building unless such building, all yards and open spaces
connected therewith, and the remaining lot comply with all requirements
prescribed by this chapter for the district in which said lot is located.
No permit shall be issued for the erection of a building on any new
lot thus created, unless such building and lot comply with all the
provisions of this chapter.
D.
The minimum lot width or area regulation shall not
apply to any lot with an area and/or width of less than that prescribed
herein, provided that such lot was under different ownership from
that of any adjoining land on the effective date of this chapter;
and provided, further, that such lot shall be subject to all other
applicable regulations prescribed by this chapter. In areas where
the prevailing lot width and/or areas are below the requirements of
this chapter, the Board of Appeals may vary such requirements, provided
that the resultant lot widths and/or areas shall be in harmony with
the pattern of development prevailing in the area.
E.
Any building or parcel of land found at any time to
contravene the specific provisions of this chapter shall be deemed
to be in violation thereof, except in cases where such contravention
is justified either;
(1)
By reason of conditions found to have existed prior
to the effective date of this chapter; or
(2)
By the granting of a variance by the Board of Appeals
as hereinafter provided, following the effective date of this chapter;
provided, however, that such contravention conforms to the provisions
and special requirements, if any, under which such variance was granted.
The attached schedule of Use and Bulk Regulations
is a part of the section and is referred to as "Schedule of District
Zoning Regulations."[1]
[1]
Editor's Note: The schedule is included at the end of this chapter.
A.
General provisions. The special uses for which conformance
to additional standards is required shall be deemed to be permitted
uses in their respective districts, subject to the satisfaction of
the requirements and standards set forth herein in addition to all
other requirements of this chapter. All such uses are hereby declared
to possess characteristics of such unique and special forms that each
specific use shall be considered as an individual case.
B.
Submission of plan. A plan for the proposed development
of a site for a permitted special use shall be submitted with the
application for a special permit, and such plan shall show the location
of all buildings, parking areas, traffic access and circulation drives,
open spaces, existing and proposed contour lines, landscaping, and
any other pertinent information that may be necessary to determine
if the proposed special use meets the requirements of this chapter.
C.
Expiration. A special permit shall be deemed to authorize only one particular special use and shall expire as determined by the Board of Appeals [see § 165-13E(2)(a)].
D.
Existing violations. No permit shall be issued for
a special use for a property where there is existing violation of
this chapter.
E.
Standards applicable to all special uses.
(1)
The location and size of the use, the nature and intensity
of the operations involved, the size of the site in relation to it,
and the location of the site with respect to the existing or future
streets giving access to it shall be such that they will be in harmony
with the orderly development of the district, and the location, nature
and height of buildings, walls and fences will not discourage the
appropriate development and use of adjacent land and buildings or
impair the value thereof.
(2)
Operations in connection with any special use shall
not be more objectionable to nearby properties by reason of noise,
fumes, vibration, or in any other manner, than would be the operations
of any permitted use.
A.
Accessory uses. Filling stations, public garages and
motor vehicle repair shops shall not be permitted as accessory uses
in any district, except where noted on the schedule.[1]
[1]
Editor's Note: The schedule is included as an attachment to this chapter.
B.
Lot area.
(1)
Insufficient lot area. In any residential district
it shall be permissible for the owner of any lot, the dimensions or
area of which do not conform to the district standards, to erect a
single-family dwelling, provided that title to the property was held
by him, or was in the process of transfer, at the time of the enactment
of this chapter.
(2)
Reduced lot area. No lot shall be so reduced in area
that any required open space will be smaller than that specified in
the regulations for the district in which said lot is located.
C.
Lot coverage and yard sizes.
(1)
Terraces. A paved terrace which is not covered or
otherwise enclosed shall not be considered in the determination of
lot coverage or yard sizes, except said terrace shall not project
to a point closer than 10 feet from any lot line.
(2)
Porches. Any open or enclosed porch shall be considered
in the determination of lot coverage as part of the building.
(3)
Fire escapes. Open fire escapes may not project more
than five feet into any required yard.
E.
Building height. The height limitations of various
districts shall not apply to church spires, cupola and penthouses
not used for human occupancy; nor to chimneys, ventilators, cooling
towers, mechanical equipment or similar features, customarily carried
above the roof level. Such features shall not exceed the height necessary
to accomplish the purpose intended and shall not exceed in aggregate
coverage an area of 25% of the roof area, on which they rest.
F.
Home occupations.
G.
Junkyards.[3]
(1)
Junkyards will be permitted in the residential agricultural
district according to its regulations.
(2)
The following additional restrictions shall apply:
(b)
All outdoor storage and working areas shall
be completely enclosed by a fence, wall, etc., at least six feet in
height. This fence shall visually, as well as physically, contain
these areas and meet Planning Board/Zoning Board of Appeals approval.
[Amended 2-25-2020 by L.L. No. 1-2020]
(c)
All principal and accessory buildings shall
meet Planning Board/Zoning Board of Appeals approval.
[Amended 2-25-2020 by L.L. No. 1-2020]
H.
Trailer parks.[4] In addition to the district regulations, the following
apply:
(1)
Trailer parks shall have safe entries and exits. These
are to be approved by the authority responsible for the access road,
i.e., state, county, etc.
(2)
The trailer park shall conform to state and local
health requirements.
(3)
Screening, by fence or planting, must surround all
trailer parks.
(4)
Vehicular surfaces shall be paved with a dustless
material.
I.
Drive-in movies.
(1)
Projection screens, buildings or parking areas shall
be at least 50 feet from any street, right-of-way line and at least
100 feet from any residential property line. Movies shall not be visible
to traffic on adjacent major streets or to adjacent residences.
(2)
Vehicular surfaces shall be paved with a dustless
material.
(3)
Loudspeakers shall be of the individual in-car type.
(4)
Entrance car off-street storage must be at least 5%
of total capacity.
(5)
Entries and exits shall be approved by the authority
responsible for the access road, i.e., state, county, etc.
J.
Off-street parking minimum requirements.
(1)
Off-street parking spaces shall be provided and maintained
by the owner of the property for each building which is erected, altered
or enlarged as follows:
(a)
Dwellings: at least one parking space for each
dwelling unit in the building or buildings; a garage for any commercial
vehicle.
(b)
Home occupations: one parking space for every
100 square feet of occupation of floor area.
(c)
Retail stores and shops: at least one parking
space for each 100 square feet of sales floor area and for each four
employees.
(d)
Restaurants or other eating places: at least
one parking space for each four seats and for each four employees.
(e)
Professional office (including those as home
occupations): one parking space for every 100 square feet of occupation
of floor space.
(f)
Banks and offices: at least one parking space
for each 200 square feet of office or customer space and for each
four employees.
(g)
Hotels and tourist homes: at least one parking
space for each bedroom.
(h)
Auditoriums, stadia, theaters and other places
of public assembly: at least one parking space for each four seats.
(i)
Tourist home, boarding home: at least one parking
space for each bedroom.
(j)
Motels: at least one parking space for each
unit and for the manager.
(k)
Place of worship: at least one parking space
for each four seats, for each clergyman, and for each two employees.
(l)
School: at least one parking for each three
employees, including teachers; loading and unloading space for buses.
(m)
Filling station: at least five parking places.
(n)
Private club: one space for each three members
and for each two employees.
(o)
Industrial plant or establishment: at least
one space for each company vehicle and for each two employees based
on peak employment hours.
(p)
Undertaking establishment: at least 10 spaces
for visitors per chapel; one space for each official vehicle and for
every two employees.
(q)
Hospital, sanitarium or nursing home: at least
one space for every two beds.
(2)
All parking spaces provided pursuant to this section
shall be on the same lot with the building, except that the Board
of Appeals may permit the parking spaces to be on a lot within 500
feet of the building or such distance as is deemed necessary by the
Board if it determines that it is impractical to provide parking on
the same lot with the building.
(3)
The Board of Appeals may waive the parking requirements
for uses in B-1 Districts where sufficient public parking is supplied.
(4)
In all parking lots for more than 15 cars, landscaped
areas, wholly contained within the paved area amounting to 10% of
the total paved area of the lot, shall be provided. These shall be
distributed throughout the lot and maintained.
K.
Off-street loading; minimum requirements.
(1)
Off-street loading spaces shall be provided and maintained
by the owner of the property for each building which is to be erected,
altered or enlarged for uses described as follows:
(2)
Nonresidential uses: at least one space for a building
with a floor area of 5,000 to 20,000 square feet or fraction thereof,
except where deliveries do not exceed one vehicle per day no additional
space will be required.
(3)
Hotels: at least one space per 30,000 feet of floor
area or less.
(4)
Industrial uses: at least one space for 5,000 to 10,000
square feet; for each additional 75,000 square feet, one space is
required.
L.
Location of parking lots and loading areas.
(1)
Required off-street parking areas shall be located
within required yard areas in any district.
(2)
In B-1 Districts off-street parking or loading areas
will not be permitted in front of any principal building.
(3)
All open off-street parking or loading areas shall
be visually screened from adjacent residential lots by a wall, fence
or hedge at least six feet in height, subject to Planning Board/Zoning
Board of Appeals approval.
[Amended 2-25-2020 by L.L. No. 1-2020]
M.
Ingress and egress. Access drives shall occupy not
more than 25% of the total lot frontage, except that in the case of
lots with frontage in excess of 150 feet, the aggregate width of such
drives shall not exceed 48 feet for each 300 feet or fraction thereof
of lot frontage. Nothing in this chapter shall prevent any lot from
providing an access drive with a width of 15 feet, regardless of the
frontage of such lot.
N.
Wall and fences; obstructions to vision at street
intersections. The yard requirements of this chapter shall not be
deemed to prohibit any fence or wall, not exceeding six feet in height,
except that:
(1)
Along any boundary between any residence district
and any other district, the maximum permitted height of any fence
or wall shall be increased to eight feet; and
(2)
At all street intersections, no obstruction to vision
(other than an existing building, post, column or tree) exceeding
30 inches distant from their point of intersection.
O.
Heliports. The location of any heliport shall be subject
to approval by the Planning Board/Zoning Board of Appeals and shall
comply with local, state and federal regulations.
[Amended 2-25-2020 by L.L. No. 1-2020]
P.
Water supply and sewage disposal. All water supply
and sewage disposal installations shall conform to the New York State
Department of Health and local health regulations. No site plans shall
be approved by the Planning Board/Zoning Board of Appeals in any district
unless such conformity is certified on the plan.
[Amended 2-25-2020 by L.L. No. 1-2020]
R.
Excavations.
(1)
No excavation or grading shall be permitted except
for the installation of driveways or minor operations designed to
change existing land contours by not more than two feet except by
special permit.
[Amended 7-13-2023 by L.L. No. 9-2023]
(2)
Any excavation or grading which adversely affects
natural drainage, silting of reservoirs or streams or the structural
safety of adjoining buildings is prohibited.
(3)
Excavations shall not create conditions of objectionable
noise or dust and shall not, otherwise, constitute a public hazard.
S.
Excavations for construction.
(1)
Excavation in connection with the construction of
a building for which a building permit has been issued shall be permitted
in any district.
(2)
Any excavation must, at all times, be marked, covered
or fenced to sufficiently protect public safety at all times during
the operation.
(3)
Excavations for quarrying and soil mining. Except
in a district in which allowed as a principal or accessory use, excavations
for the purpose of quarrying or soil mining for sand, gravel or other
subsoils shall be allowed only upon issuance of a special permit and
subject to the following conditions:
(a)
Upon application for a special permit the applicant
shall submit to the Planning Board/Zoning Board of Appeals two copies
of a certified map, at scale of one inch equals 100 feet, showing
the land in question and all pertinent information which is deemed
necessary by the Boards for their evaluations.
[Amended 2-25-2020 by L.L. No. 1-2020]
(b)
The applicant shall also submit certified at
the above scale, a map showing the proposed plan of excavation, the
proposed drainage plan and the proposed finished elevations at contour
intervals of two feet. The proposed finished grading plan shall show
the land to be smooth-graded and respread with topsoil to a depth
of four inches, or returned to a visually acceptable state. The slopes
shall not exceed the normal angle of repose for the material removed.
(4)
Coincident with the issuance of a permit, the applicant
shall be required to furnish a performance bond of the same time duration
as the special permit, in an amount determined by the Building Inspector
to be sufficient to guarantee the completion of the finished grading.
The Building Inspector shall release said bonds only upon his certification
that the final grading and drainage plans have been complied with.
(5)
All blasting within areas of excavation will be in
accordance with modern methods which will protect adjacent property
from damage, both from overhead damage and subsurface vibration.
(6)
Upon approval and the payment of a fee of $25, the
Town Clerk shall return one copy of the approved maps and the special
permit to the applicant.
T.
Unsafe structures.[6] When a building or structure, or portion thereof, has
been declared unsafe by a proper authority, the Building Inspector
shall file notice of such declaration, including the reasons thereof,
with the owner, superintendent, lessee, tenant or other person who
is directly or indirectly in charge of said property or building thereon.
Following such notice, the following conditions must be met:
(1)
The public must be protected from injury due to such
unsafe conditions by a fence, barricade or other means within two
days from such time of notice.
(2)
The building must be restored to a safe conditions
or completely dismantled within 90 days from time of notice. If in
any case where reconstruction, restoration or repair cannot be completed
within the 90 days allowed, the Building Inspector, for good cause
shown, may grant one or more extensions of time, not exceeding a total
of six months.
U.
Standards for activities or condition of obnoxious
or injurious nature, in all districts:
(1)
No vibration, odor or glare shall be evident at the
lot line under conditions as outlined in Appendix 1.[7]
[7]
Editor's Note: Said appendix is included at the end of this chapter.
(2)
The emission of smoke, dust, or fly ash harmful to
persons, animals or plants shall be prohibited. (See Appendix 2.[8])
[8]
Editor's Note: Said appendix is included at the end of this chapter.
(3)
The storage or use of materials creating undue hazard
of fire or explosion shall be prohibited. (See Appendix 3.[9])
[9]
Editor's Note: Said appendix is included at the end of this chapter.
(4)
The disposal of materials into present or future disposal
systems, causing harm to the system or contamination of groundwater,
shall be prohibited.
V.
Roadside stands. Such stands shall be located at least
30 feet from the pavement and be so located that it does not constitute
a traffic hazard. (Decision of the Planning Board/Zoning Board of
Appeals required.)
[Amended 2-25-2020 by L.L. No. 1-2020]
W.
Day camps. One building for a caretaker may be used
as a one-family dwelling.
X.
Industrial buffer. Such areas of land shall have a
minimum width of 25 feet and shall remain in their natural state except
that a hedge fence or wall, meeting Planning Board/Zoning Board of
Appeals approval, may be erected or installed. Access space through
the buffer strip will be permitted upon issuance of a special permit.
[Amended 2-25-2020 by L.L. No. 1-2020]
The lawful use of any building or land existing
at the time of the enactment of this chapter may be continued although
such use does not conform with the provisions of this chapter subject
to the limitations set forth below:
A.
Construction approved prior to adoption of or amendment
to chapter. Nothing herein contained shall require any change in plans,
construction or designated use of a building, provided that active
and substantial construction shall have been originated prior to the
enactment of this chapter, and further provided that the entire building
shall be completed within two years from the effective date of this
chapter.
B.
Alterations. A nonconforming building may not be renovated
or structurally altered during its life to an extent exceeding in
aggregate cost 50% of the full assessed value of the building unless
said building is changed to a conforming use.
C.
Extensions. A nonconforming use shall not be extended,
but the extension of a lawful use to any portion of a nonconforming
building which existed prior to the enactment of this chapter shall
not be deemed the extension of such nonconforming use.
D.
Discontinuance. Whenever a nonconforming use has been
discontinued for period of one year, such use shall not thereafter
be reestablished, and any future use shall be in conformity with the
provisions of this chapter.
E.
Changes in use. Once changed in use, no building or
land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to a use of the same or higher classification,
and such use thereafter shall not be changed to a lower classification,
except upon approval of Board of Appeals.
F.
Displacement. No nonconforming use shall be extended
to displace a conforming use.
G.
Cessation. Notwithstanding any other provisions of
this chapter, any automobile wrecking yard or other junkyard which
becomes a nonconforming use upon the date of enactment of this chapter
shall, at the expiration of three years from such date, become a prohibited
and unlawful use and shall be discontinued.
H.
District changes. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses existing therein.
I.
Removal or reconstruction of damaged buildings. No
building of nonconforming use damaged by fire or natural causes to
the extent of more than 75% of its full assessed value shall be repaired
or rebuilt for such use; that is, any reconstruction must be in conformity
with the regulations of this chapter.
