ARTICLE V
GENERAL PROVISIONS
SECTION 501 ACCESS TO PUBLIC STREET
Except as otherwise provided for in this Local Law, every building shall be constructed or erected upon a lot, or parcel of land which abuts upon a public street unless a permanent easement of access to a public street is of record prior to the application for building permit. However, this shall not preclude the creation of a private road on a 50-foot right-of-way which connects to a public road and serves 5 or more subdivided lots. Upon request from a developer, landowner(s), etc., the Municipal Board shall consider the takeover of a private roadway, but only after assurances are received by all involved parties that the roadway will be constructed to standards specified by the municipality. The municipality is in no way obligated to take over any road even if it meets specified road construction standards. Where less than 5 lots are involved, a legal right-of-way of any width shall be required to connect all lots to a public road when said lots do not abut a public road.
SECTION 502 CONTIGUOUS PARCELS
When two (2) or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one (1) ownership, they may be used as one (1) lot for such use.
SECTION 503 CORNER LOTS
Both street sides of a corner lot shall be treated as front yards in the application of bulk and area requirements and parking.
SECTION 504 HEIGHT
A. The height limitation of this Law shall not apply to church spires, belfries, cupolas, silos, equipment building on flat roof, penthouses, and domes, not used for human occupancy; nor to chimneys, ventilators, skylights, windmills, water tanks, bulkheads, similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and shall not exceed in cross-sectional area 20% of the ground floor area of the building.
B. The provisions of this Law shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than 5 feet.
SECTION 505 EXISTING SUBSTANDARD SIZED LOTS
The minimum area requirements specified for each type of allowed use shall not prevent the construction of an allowable use on a substandard sized lot less than 6000 sq. ft. and 60 ft frontage, in size which existed and was officially recorded at the time of enactment of the Zoning Law of 1974, if the following conditions are met:
A. At the time of enactment of this Law, the substandard lot was not contiguous with another lot in the same ownership (see section on contiguous parcels found in Article V).
B. The substandard lot is not less than 75% of all of the applicable standards and,
C. The County Health Department approves the lot where there are no municipal utilities.
D. If B cannot be met but C has been accomplished, then the applicant can request an Area Variance from the Zoning Board of Appeals (see Variance Section).
SECTION 506 VISIBILITY AT INTERSECTIONS
For the purpose of maintaining sight lines and promoting traffic safety, on a corner lot in any district, no fence, wall, hedge, or other structure or planting more than 3 feet in height shall be erected or placed within the triangular areas formed by the intersecting street edge lines and the imaginary straight line down between the points 25 feet from the intersecting street edge lines along the street edge lines.
SECTION 507 INTERPRETATION OF PERMITTED USES
When a use is not specifically listed as a "Use by Right" or a "Use by Special Use Permit" within any zoning district, it shall be assumed to be a prohibited use unless it is determined in a written decision by the Board of Appeals that said use is similar to permitted uses, meets the intent specified in the zoning districts, and is not inherently a nuisance, menace, or danger to the health, safety or welfare of the residents of the municipality.
SECTION 508 PRESERVING YARDS, COURTS AND OPEN SPACE
A. Preservation of Yards, Courts and Open Space - Rear yards, courts and other open space shall be kept undeveloped in order to meet setback and coverage requirements of this Law except as specified in B below.
B. Permitted Obstructions - The following shall not be considered to be obstructions when located in the preserved yards, courts, and open space:
1. Open terraces, patios, awnings and canopies, chimneys, trellises, flag poles, open fire escapes, decks, balconies, and other similar uses which do not extend more than 40% of the required setback nor come closer to a lot boundary line by more than 40% of the required setback; and
2. Bay windows, steps, chimneys, overhanging eaves and gutters and other similar uses shall not extend more than 3 feet from the principal structure nor come within 2 feet of any property lines.
C. Location - All yards, courts and open space shall be located on the same undivided lot as the structure for which the setback and area requirements are required. Refer to General Provision on "Contiguous Parcels" and "Number of Residential Dwellings on a Lot."
SECTION 509 ESTABLISHED FRONT YARDS
In an existing neighborhood where structures are not set back from the edge of the road the distance specified by this Law, it shall be determined by the Enforcement Officer what appropriate setback will be permitted by new construction or by alterations to existing structures in order to aesthetically blend with existing adjacent structures. The varied setback will be based on the average of the setbacks of the 2 adjacent structures minus up to 5 feet. Any variation requested which is in greater variation than that permitted by this rule will require an Area Variance.
SECTION 510 NUMBER OF RESIDENTIAL DWELLINGS ON LOT(LOT DIVISION)
A. Number of residential dwellings on a lot - No more than 1 principal building shall be constructed on a lot.
B. Division of Lots - No lot improved with a building or buildings shall hereafter be divided into 2 or more zoning lots and no portion of any zoning lot which is improved with a building or buildings shall be sold, unless all zoning lots resulting from each such division or sale and improved with a building or buildings shall not be less conforming to all the bulk regulations of the zoning district in which the property is located. However, any portion of a parcel may be removed if it is to be used with an adjacent parcel and the original parcel continues to conform to the bulk regulations.
SECTION 511 DRIVEWAYS WITHIN RIGHT-OF-WAYS
When property to be developed fronts on a highway and access to the highway is desired, an approved permit from the applicable agency for the development of such highway access shall be presented. The Highway/Street Superintendent may require the installation of an appropriately sized sluice pipe where it is likely that drainage problems exist or may be created by the presence of a driveway on a public right-of-way.
SECTION 512 TRANSITION BETWEEN DISTRICTS
A. Purpose - The purpose of this section is to promote harmonious use of land located at district boundaries.
B. Conditions - Where the Permitting Board determines there is a need to protect a residential neighborhood located in a Residential District from a permitted use in an adjacent district, the Board may:
1. Require an artificial or natural buffer such as a hedge, fence, wall, etc., which shields the residential units from the business use;
2. Require a doubling of the yard setback requirements to protect the neighborhood;
3. Control the positioning of signs, lights, parking, mechanical equipment, and any other features so as to reduce the potential nuisance; or
4. Impose other appropriate requirements.
C. Preexisting Uses - This section shall only apply to new construction to include additions and enlargements.
SECTION 513 DISPUTED LOT LINES
A. Purpose - It is the intent of this section to clarify the procedures to be followed in verifying where lot lines are in order to insure that area requirements (side yards, etc.) are met.
B. Procedures - When the Enforcement Officer is in doubt as to the location of lot lines and it is apparent that new development may not be in accordance with area requirements, the Enforcement Officer shall withhold the granting of the Zoning Permit until one of the following occurs:
1. Applicant provides proof, such as a survey prepared by a licensed surveyor.
2. Refer the matter to the Zoning Board of Appeals for an interpretation of documentation provided by the applicant.
3. Grant Zoning Permit after the applicant receives an Area Variance from the Zoning Board of Appeals.
SECTION 514 LOTS IN TWO DISTRICTS
Where a district boundary divides a parcel at the time of enactment of this Law, the regulations pertaining to the portion of the parcel within the district shall conform to the district boundary map. A use variance may be requested in accordance with the article dealing with Zoning Board of Appeals.
SECTION 515 BUSINESS ENTRANCES ON RESIDENTIAL STREETS
A. Purpose - To preserve the residential character of neighborhoods which abut Business Districts, the regulations which follow shall apply to all businesses which are adjacent to a Residential District and have both access to a primary business street and primary residential street.
B. Regulations
1. Store Entrance - Business structures erected in the Business District shall not face and open onto the street which is primarily in the Residential District.
2. Display Windows - Primary display windows shall front on the primary business street and not the primary residential street.
3. Parking – Off street parking for use by business patrons shall be situated so that the access is from the primary business street.
4. Signs - Business Signs shall be oriented toward the primary business street.
5. Lighting - All lighting fixtures associated with the business shall be oriented away from the Residential District.
SECTION 516 BUFFER ZONES
The Zoning Board of Appeals and Planning Board shall include in their analysis of any application (Variances, Special-Use Permits, etc.) a consideration for the need of an appropriate buffer zone. If such a barrier is deemed necessary, then this condition will be included in the written decision and the Zoning Officer shall insure that appropriate vegetation is planted or other man-made structure is installed within a reasonable time after completion of the construction.
Except as otherwise provided for in this Local Law, every building shall be constructed or erected upon a lot, or parcel of land which abuts upon a public street unless a permanent easement of access to a public street is of record prior to the application for building permit. However, this shall not preclude the creation of a private road on a 50-foot right-of-way which connects to a public road and serves 5 or more subdivided lots. Upon request from a developer, landowner(s), etc., the Municipal Board shall consider the takeover of a private roadway, but only after assurances are received by all involved parties that the roadway will be constructed to standards specified by the municipality. The municipality is in no way obligated to take over any road even if it meets specified road construction standards. Where less than 5 lots are involved, a legal right-of-way of any width shall be required to connect all lots to a public road when said lots do not abut a public road.
SECTION 502 CONTIGUOUS PARCELS
When two (2) or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one (1) ownership, they may be used as one (1) lot for such use.
SECTION 503 CORNER LOTS
Both street sides of a corner lot shall be treated as front yards in the application of bulk and area requirements and parking.
SECTION 504 HEIGHT
A. The height limitation of this Law shall not apply to church spires, belfries, cupolas, silos, equipment building on flat roof, penthouses, and domes, not used for human occupancy; nor to chimneys, ventilators, skylights, windmills, water tanks, bulkheads, similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and shall not exceed in cross-sectional area 20% of the ground floor area of the building.
B. The provisions of this Law shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than 5 feet.
SECTION 505 EXISTING SUBSTANDARD SIZED LOTS
The minimum area requirements specified for each type of allowed use shall not prevent the construction of an allowable use on a substandard sized lot less than 6000 sq. ft. and 60 ft frontage, in size which existed and was officially recorded at the time of enactment of the Zoning Law of 1974, if the following conditions are met:
A. At the time of enactment of this Law, the substandard lot was not contiguous with another lot in the same ownership (see section on contiguous parcels found in Article V).
B. The substandard lot is not less than 75% of all of the applicable standards and,
C. The County Health Department approves the lot where there are no municipal utilities.
D. If B cannot be met but C has been accomplished, then the applicant can request an Area Variance from the Zoning Board of Appeals (see Variance Section).
SECTION 506 VISIBILITY AT INTERSECTIONS
For the purpose of maintaining sight lines and promoting traffic safety, on a corner lot in any district, no fence, wall, hedge, or other structure or planting more than 3 feet in height shall be erected or placed within the triangular areas formed by the intersecting street edge lines and the imaginary straight line down between the points 25 feet from the intersecting street edge lines along the street edge lines.
SECTION 507 INTERPRETATION OF PERMITTED USES
When a use is not specifically listed as a "Use by Right" or a "Use by Special Use Permit" within any zoning district, it shall be assumed to be a prohibited use unless it is determined in a written decision by the Board of Appeals that said use is similar to permitted uses, meets the intent specified in the zoning districts, and is not inherently a nuisance, menace, or danger to the health, safety or welfare of the residents of the municipality.
SECTION 508 PRESERVING YARDS, COURTS AND OPEN SPACE
A. Preservation of Yards, Courts and Open Space - Rear yards, courts and other open space shall be kept undeveloped in order to meet setback and coverage requirements of this Law except as specified in B below.
B. Permitted Obstructions - The following shall not be considered to be obstructions when located in the preserved yards, courts, and open space:
1. Open terraces, patios, awnings and canopies, chimneys, trellises, flag poles, open fire escapes, decks, balconies, and other similar uses which do not extend more than 40% of the required setback nor come closer to a lot boundary line by more than 40% of the required setback; and
2. Bay windows, steps, chimneys, overhanging eaves and gutters and other similar uses shall not extend more than 3 feet from the principal structure nor come within 2 feet of any property lines.
C. Location - All yards, courts and open space shall be located on the same undivided lot as the structure for which the setback and area requirements are required. Refer to General Provision on "Contiguous Parcels" and "Number of Residential Dwellings on a Lot."
SECTION 509 ESTABLISHED FRONT YARDS
In an existing neighborhood where structures are not set back from the edge of the road the distance specified by this Law, it shall be determined by the Enforcement Officer what appropriate setback will be permitted by new construction or by alterations to existing structures in order to aesthetically blend with existing adjacent structures. The varied setback will be based on the average of the setbacks of the 2 adjacent structures minus up to 5 feet. Any variation requested which is in greater variation than that permitted by this rule will require an Area Variance.
SECTION 510 NUMBER OF RESIDENTIAL DWELLINGS ON LOT(LOT DIVISION)
A. Number of residential dwellings on a lot - No more than 1 principal building shall be constructed on a lot.
B. Division of Lots - No lot improved with a building or buildings shall hereafter be divided into 2 or more zoning lots and no portion of any zoning lot which is improved with a building or buildings shall be sold, unless all zoning lots resulting from each such division or sale and improved with a building or buildings shall not be less conforming to all the bulk regulations of the zoning district in which the property is located. However, any portion of a parcel may be removed if it is to be used with an adjacent parcel and the original parcel continues to conform to the bulk regulations.
SECTION 511 DRIVEWAYS WITHIN RIGHT-OF-WAYS
When property to be developed fronts on a highway and access to the highway is desired, an approved permit from the applicable agency for the development of such highway access shall be presented. The Highway/Street Superintendent may require the installation of an appropriately sized sluice pipe where it is likely that drainage problems exist or may be created by the presence of a driveway on a public right-of-way.
SECTION 512 TRANSITION BETWEEN DISTRICTS
A. Purpose - The purpose of this section is to promote harmonious use of land located at district boundaries.
B. Conditions - Where the Permitting Board determines there is a need to protect a residential neighborhood located in a Residential District from a permitted use in an adjacent district, the Board may:
1. Require an artificial or natural buffer such as a hedge, fence, wall, etc., which shields the residential units from the business use;
2. Require a doubling of the yard setback requirements to protect the neighborhood;
3. Control the positioning of signs, lights, parking, mechanical equipment, and any other features so as to reduce the potential nuisance; or
4. Impose other appropriate requirements.
C. Preexisting Uses - This section shall only apply to new construction to include additions and enlargements.
SECTION 513 DISPUTED LOT LINES
A. Purpose - It is the intent of this section to clarify the procedures to be followed in verifying where lot lines are in order to insure that area requirements (side yards, etc.) are met.
B. Procedures - When the Enforcement Officer is in doubt as to the location of lot lines and it is apparent that new development may not be in accordance with area requirements, the Enforcement Officer shall withhold the granting of the Zoning Permit until one of the following occurs:
1. Applicant provides proof, such as a survey prepared by a licensed surveyor.
2. Refer the matter to the Zoning Board of Appeals for an interpretation of documentation provided by the applicant.
3. Grant Zoning Permit after the applicant receives an Area Variance from the Zoning Board of Appeals.
SECTION 514 LOTS IN TWO DISTRICTS
Where a district boundary divides a parcel at the time of enactment of this Law, the regulations pertaining to the portion of the parcel within the district shall conform to the district boundary map. A use variance may be requested in accordance with the article dealing with Zoning Board of Appeals.
SECTION 515 BUSINESS ENTRANCES ON RESIDENTIAL STREETS
A. Purpose - To preserve the residential character of neighborhoods which abut Business Districts, the regulations which follow shall apply to all businesses which are adjacent to a Residential District and have both access to a primary business street and primary residential street.
B. Regulations
1. Store Entrance - Business structures erected in the Business District shall not face and open onto the street which is primarily in the Residential District.
2. Display Windows - Primary display windows shall front on the primary business street and not the primary residential street.
3. Parking – Off street parking for use by business patrons shall be situated so that the access is from the primary business street.
4. Signs - Business Signs shall be oriented toward the primary business street.
5. Lighting - All lighting fixtures associated with the business shall be oriented away from the Residential District.
SECTION 516 BUFFER ZONES
The Zoning Board of Appeals and Planning Board shall include in their analysis of any application (Variances, Special-Use Permits, etc.) a consideration for the need of an appropriate buffer zone. If such a barrier is deemed necessary, then this condition will be included in the written decision and the Zoning Officer shall insure that appropriate vegetation is planted or other man-made structure is installed within a reasonable time after completion of the construction.