Bolton Town City Zoning Code
ARTICLE IV
Zoning Districts and Regulations
§ 200-12 Zoning districts.
The Town is hereby divided into the following designated districts.
Symbol | Zone | Area Per Principal Building |
|---|---|---|
LC-45 | Land Conservation | 45 acres |
LC-25 | Land Conservation | 25 acres |
RR-10 | Rural Residential | 10 acres |
RR-5 | Rural Residential | 5 acres |
RL-3 | Residential - Low Density | 3 acres |
RCL-3 | Residential - Commercial - Low Density | 3 acres |
RIL-3 | Residential - Industrial - Low Density | 3 acres |
RM-1.3 | Residential - Medium Density | 1.3 acres |
RCM-1.3 | Residential - Commercial - Medium Density | 1.3 acres |
RCH-5000 | Residential - Commercial - Hamlet | Varies from 20,000 to 5,000 square feet |
GB-5000 | General Business |
§ 200-13 Schedule of regulations.
The restrictions and controls intended to regulate development in each district are set forth in the attached schedules which are supplemented in other sections of this chapter.[1]
[1]
Editor's Note: The schedules are included at the end of this chapter.
§ 200-14 Use regulations.
A.
Permissible uses. A use shall be permitted in a district if it is listed in the schedules of regulations as a permissible use for that district, provided that all other requirements of this chapter are met, including Articles V, VI and XII.
B.
Type I or Type II uses with site plan review. A use listed in the following schedules of regulations as a Type I or Type II use for a given zoning district shall be permitted in that district when approved in accordance with Article V hereof, provided that all other requirements of this chapter are met, including Articles V, VI, and XII.
C.
Nonpermissible uses. Any use which is not a permissible use by right or by site plan review in a given zoning district or which is not an accessory use to such a permissible or site plan review use shall be a nonpermissible use, and shall be deemed prohibited in that zoning district. Amusement rides, amusement parks, commercial parasail, commercial use of personal watercraft and outside bars, except when such use is employed for noncommercial use in conjunction with a single-family dwelling use, are prohibited within the Town of Bolton. This does not prohibit rental of boats or commercial boat rides.
[Amended 6-6-1995; 2-20-1997; 12-1-1998]
D.
Accessory use or accessory use structure. An accessory use or accessory use structure shall be permitted if the use to which it is accessory is a lawful use pursuant to the terms of this chapter and for which a permit has been issued if required pursuant to the terms of Article XII hereof, so long as said accessory use or structure does not result in an increase in any violation of the provisions of Articles IV and VII (especially shoreline regulations), provided that an accessory use or accessory use structure shall not include professional, commercial and artisan activities carried on by residents of residential structures, nor shall it include a sign as identified by the Lake George Park Commission Sign Regulations and the sign regulations within this chapter.
§ 200-15 Zoning Schedule of Area, Bulk and Height Controls.
This section lists the dimensional requirements for each zoning district established by § 200-12 of this chapter.[1]
[1]
Editor's Note: The schedules are included at the end of this chapter.
§ 200-16 Special density regulations in certain districts.
In no event shall the number of principal buildings exceed that which is permitted by the district regulations.
A.
Residential Commercial (RCL-3). Tourist accommodation and cottage colonies require 15,000 square feet of land area per unit. A total of 900 square feet of gross floor area for tourist accommodations are allowed per acre except that a single unit may not exceed 300 square feet, unless attached to another unit by a party wall (i.e., duplex or attached motel units).
B.
Residential Commercial (RCH-5000).
(1)
Commercial units meeting all other requirements must have 5,000 square feet of land area per principal units.
(2)
Residential detached units require 20,000 square feet of land area per principal building.
(3)
Apartments require 7,500 square feet of land per principal unit.
(4)
Tourist accommodations and cabin colonies require 5,000 square feet of land area for the first unit and 1,500 square feet for each additional unit.
C.
Minimum lot size permitted. A minimum lot size specified in any Schedule of Area, Bulk and Height Regulations[1] for any designated zone may be permitted so long as the minimum lot size created is in conformity with all other requirements of the Code and so long as the permitted number of building lots or principal building units does not exceed the overall density requirements of the designated zone as if the land were subdivided into conforming lots.
[Added 8-2-2005]
[1]
Editor's Note: The Schedule of Area, Bulk and Height Regulations is included at the end of this chapter.
§ 200-17 Provisions for clustering sites for development.
See Article XIV, Cluster Provisions.
§ 200-18 New multiple principal buildings on same lot.
Where more than one principal building exists or is proposed to be located on the same lot, any construction, alteration or relocation of structures shall occur in accordance with the following regulations:
A.
Access. A right-of-way shall be provided for access to each principal building. Such access shall consist of a right-of-way not less than 40 feet wide with a roadway width of 24 feet. If such roadway terminates without connecting to a public road or highway, a properly designed turnaround shall be provided. Maximum grade of such access roadway shall not exceed 12%.
(1)
Dead-end access roadways greater than 200 feet shall terminate in a turnaround. The right-of-way for such turnaround shall be a minimum of 140 feet diameter with an outside edge of roadway diameter of at least 110 feet.
(2)
Parking shall be provided on site in accordance with § 200-48 of this chapter.
B.
Setbacks. Setbacks for apartment buildings, single-family, attached dwellings, townhouses, and other principal buildings. Rights-of-way shall be considered as a front lot line and shall require a front lot line setback.
[Amended 2-20-1997]
Front yard to lot line | - | same as zone in which lot is located. | |
Side yard to lot line | - | same as zone in which lot is located. | |
Rear yard to lot line | - | same as zone in which lot is located. | |
Distance between structures | - | the sum of the yard setbacks of the building sides facing each other of the zone in which the lot is located. | |
Distance to common access right-of-way | - | the front yard setback of the zone in which the yard which the yard is located. |
§ 200-19 Setbacks for cabin colonies.
[Amended 2-20-1997]
For approval of any alterations to existing cabin colonies, these standards must be met by all cabins and proper access as defined in this section must be provided. No cabin colony shall take on a different form of ownership until all criteria of this section have been met.
Front yard to lot line | - | same as zone in which lot is located. |
Side yard to lot line | - | same as zone in which lot is located. |
Rear yard to lot line | - | same as zone in which lot is located. |
Distance between structures | - | 1.5 times the height of the tallest of the two walls facing each other or 20 feet, whichever is greater. |
Distance to access structure right-of-way | - | 1.0 times the height of the wall of the facing the road or 20 feet, whichever is greater. |
§ 200-20 Scenic travel corridor overlay district.
A.
Purpose.
(1)
Tourists and residents are attracted to the Town of Bolton because of its small town, rural character. Development pressures, strip development and construction activities immediately adjacent to major roadway systems in the Town have begun to erode this character.
(2)
In order to preserve the rural character of the Town of Bolton, all major roadways in the Town have been designated as scenic corridors.
B.
The following roads have been designated as scenic travel corridors:
[Amended 2-20-1997]
New York State Route 9N | Mohican Road | |
County Route 11 | Dixon Hill Road | |
Homer Point Road | Braley Hill Road | |
Padanarum Road | Federal Hill Road | |
Trout Falls Road | Valley Wood Road | |
New Vermont Road | Finkle Road | |
Alder Brook Road | Edgecomb Pond Road | |
Sherman Lake Road | Potter Hill Road | |
South Trout Lake Road | Trout Lake Road | |
Coolidge Hill Road | Lamb Hill Road | |
Church Hill Road | Wall Street | |
Cotton Point Road | North Bolton Road |
C.
Regulations. No building shall hereafter be erected or altered within this overlay district which will have a smaller front yard than as herein required for the zoning district in which such building is located in accordance with § 200-15, the Schedule of Area, Bulk and Height Controls.[1] In the case where in certain zones, site plan review is required for any activity within 250 feet of the lakeshore and a variance is required for an activity within the lakefront setback, if there is no other activity beyond that requiring the variance, then no site plan review shall be required.
[Amended 2-20-1997]
[1]
Editor's Note: The schedule is included at the end of this chapter.
D.
Supplemental County Route 11 regulations. Properties along County Route 11 (River Bank Road) from the Adirondack Northway (Route I-87) to New York State Route 9N shall be subject to the following additional provisions:
[Added 10-2-2001 by L.L. No. 5-2001]
(1)
Each property shall maintain the minimum scenic corridor front setback set forth in § 200-15 of the Zoning Ordinance as an undeveloped buffer area. Within this buffer area there shall be no significant disturbance such as building, grading or clearing or any removal of trees, shrubs or other vegetation, trimming of major branches or cutting of roots except as required to remove dead or diseased trees or branches. The buffer shall remain in a natural state and closely resemble the appearance of the undeveloped land; provided, however, that a driveway to and from the property may be constructed after site plan review and approval by the Planning Board. Any other development within the buffer shall require an area variance from the Zoning Board of Appeals and, if the development is subject to Planning Board review, Planning Board approval.
(2)
The provisions of Subsection D(1) above shall not apply to existing development on property within such designated area; provided, however, that the character of what would be the required vegetative buffer must be maintained in its current state or returned to a state similar to that required in Subsection D(1) above.
(3)
Each property should utilize the most unobtrusive lighting that provides adequate illumination to ensure safe access, and lighting devices should be directed or otherwise shielded to prevent a direct beam of tight or excessive glare from shining onto other properties or being visible from the highway corridor.
(4)
Electric and communications distribution wires should be installed underground rather than overhead whenever possible to minimize the risk to public health and safety and to enhance public and private views.
§ 200-21 Application of regulations.
Except as hereinafter provided:
A.
No new building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the districts in which it is located.
B.
No building that is hereafter allowed for the district in which such building is located shall be erected or altered which will:
(1)
Exceed the height or bulk.
(2)
Accommodate or house a greater number of families.
(3)
Occupy a greater percentage of lot area.
(4)
Have narrower or smaller front yards, rear yards or side yards.
C.
No part of a yard, lot or other open space, about any building required for purpose of complying with the provisions of this chapter, shall be included as part of a yard, lot or other open space similarly required for another building.
D.
No building permit shall be issued for any clearing or principal building for any multifamily residence, or any business or industry, or any use listed for site plan review in § 200-14 until a site plan has been approved by the Planning Board in accordance with Article V.
§ 200-22 Sign regulations.
Regulations for the design, erection and maintenance of signs shall be according to the Town of Bolton Sign Ordinance. Reference is made to § 200-78 as to all permit filing regulations and the criteria for the issuance of building permits. Site plan review is required for all advertising signs over four square feet in size.
§ 200-23 Parcels located in more than one zoning district.
[Amended 8-2-2005]
Where an applicant owns a parcel of land located in more than one zoning district, the total number of principal buildings allowable on such parcel pursuant to § 200-12 may be distributed amongst such districts, provided that:
A.
No lot is created which is smaller in area than the smallest lot permitted pursuant to § 200-15 of this chapter and the schedules attached thereto, in any of the districts involved.
B.
The total number of principal buildings permitted for the entire parcel as determined by § 200-12 of this chapter is not exceeded;
C.
Uses prohibited in a district pursuant to § 200-14 of this chapter are not located therein;
D.
Building rights are not transferred across boundaries of land use areas as shown on the Official Adirondack Park Land Use and Development Plan Map adopted pursuant to § 805 of the Adirondack Park Agency Act and incorporated into this chapter pursuant to § 200-11 hereof; and
E.
Deed restrictions, scenic or conservation easements or similar devices, approved as to form by the Town Attorney, shall be provided to implement density requirements and principal building limitations created by application of this section.
§ 200-24 Petition Zoning Ordinances.
Ordinances for the Town of Bolton Numbers 9 (Homer Point Zoning Ordinance) and 15 (Cotton Point Zoning Ordinance) remain in effect unaltered by this chapter.