Cochecton City Zoning Code

The Town of Cochecton is hereby divided into the following types of districts:

The ND-R Neighborhood Development - Residential Overlay District shall be an overlay zoning district for the ND District. The standards of the ND Neighborhood Development District shall apply within this overlay district, excepting that none of the special uses for ND Districts shall be permitted. The purpose of this overlay district is to recognize there are some small residential areas within the ND District which should be further protected from incompatible development activities because of their primarily residential character. Nevertheless, it also remains the intent of the Town to allow the development of these areas at a higher density due to the availability of public sewage treatment facilities, provided lake areas are adequately buffered and conservation subdivision techniques are encouraged. This ND-R Overlay District is identified on the Zoning Map of the Town of Cochecton. PUD Districts and Floodplain Overlay Districts are also provided for under § 240-33 and § 240-22, respectively.

Zoning district boundary lines are intended generally to follow or connect the center lines of rights-of-way, existing lot lines, the mean water level of rivers, streams and other waterways or Town boundary lines, all as shown on the Zoning Map, but where a district boundary line does not follow such a line, its position is shown on said Zoning Map by a specific dimension or relationship to such a line.

Where a district boundary line divides a lot of record at the time such line is established, the Planning Board may allow the extension of activities permitted in one district to the other as a special use. This is to permit more flexibility in the use of large parcels.

When the specific location of a zoning district boundary line cannot be ascertained, the Code Enforcement Officer shall request the Planning Board to render an interpretation which shall then be used as the basis for applying zoning standards.

Whenever any owner or occupant of any property in the Town of Cochecton shall establish a new use, change an existing use, erect a new building or move, alter, add to or enlarge any land use or building for any purpose or in any manner, such owner or occupant shall first comply with the requirements of this chapter and obtain a building/zoning permit/certificate of occupancy, unless specifically exempted from such requirements by this chapter. A zoning permit shall be required whenever a change in land use occurs, regardless of whether any new construction is involved or not excepting that agricultural harvesting, grazing, tilling and crop rotation shall be exempt from all permit requirements.

If a proposed use is not specifically listed in any category of uses or within any zoning district on the Schedule of District Regulations, the Planning Board shall render a formal determination as to whether or not the use is permitted in a given district, and if the use is permitted, it shall then process the application as a special use. The Planning Board shall make its determination on the basis of similarities of the use to other specifically listed uses within various districts, taking into consideration the impacts of the use on the community and the neighborhood in which it is proposed. This shall not permit the Planning Board to reclassify uses which are already listed, nor shall the Planning Board allow any use which is not listed in a particular district if that use is already permitted in another district.

Minimum development standards. The development standards contained herein are minimums and shall apply to each dwelling unit unless otherwise specifically provided. A two-family dwelling shall, for example, require the equivalent of two minimum-sized lots insofar as lot area, as will any two dwelling units on the same property.

Corner lots. No obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 75 feet distant from their points of intersection. Either of the two sides of a corner lot may be designated as the front, provided the rear yard shall always be opposite the frontage so designated.[1]

Through lot requirements. A through lot shall be considered as having two street frontages, both of which shall be subject to the front yard requirements of this chapter.

Minimum lot frontage. All residential lots shall have a front lot line with a minimum length of 50 feet.

Flag lots. The development of interior lots with limited lot frontage consisting of only an access right-of-way shall be permitted, provided:

Lot area calculation. Lot area, for purposes of complying with the minimums set forth in this chapter, shall be calculated by excluding all land areas within highway rights-of-way and land under water except for ponds contained wholly within a lot. Acreage calculations shall also exclude 50% of all land areas within a flood hazard area, 50% of all state and federal wetlands and 50% of all areas of slope exceeding 25% in grade, as measured using twenty-foot contours.

Intensive livestock operations. Any intensive-use agricultural, forestry or livestock operation shall have a minimum lot area of 10 acres and provide a setback of 200 feet from any lot line for all nonresidential structures, livestock pen enclosures, wood products storage areas or manure storage facilities.

Green development. The Town of Cochecton Planning Board may, subject to the limitations of this section and site plan review, appropriately modify other development standards of this chapter and Chapter 215, Subdivision of Land, including but not limited to building and lot coverage, to accommodate residential development projects that are designed to meet the NAHB Model Green Home Building Guidelines. Similar modifications may be made to accommodate nonresidential development designed to Leadership in Energy and Environmental Design (LEED) standards. Such modifications shall be limited to those required to effectively meet the aforementioned standards, plus a density bonus to encourage use of these standards, provided the total increase in density as a result of all modifications made does not exceed 10% of the density permitted under conventional development.

General application. No building or structure shall exceed in building height the number of feet permitted as a maximum on the Schedule of District Regulations[1] for the district where such building or structure is located.

Permitted exceptions. Height limitations stipulated elsewhere in this chapter shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, chimneys, smokestacks, flagpoles, radio and transmission towers, farm buildings or similar noninhabited structures under 150 feet in height. Structures over 150 feet in height may be permitted as special uses, provided they are sufficiently set back from adjoining properties to avoid any safety hazard connected therewith and meet all state and federal air safety and electronic communications standards.

Side yard exception. Where the sidewall of a building is not parallel with the side lot line or is irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such yard shall not be narrower at any point than 1/2 the otherwise required minimum width.

Front yard exception. When an unimproved lot is situated adjacent to or between improved lots already having a principal building within the required front yard, the front yard for the unimproved lot may be reduced to the average depth of the front yards for the two nearest adjoining improved lots, but not less than 30 feet from the center line. Also, when such circumstances exist, no principal structure shall be set back further than this average depth plus 10 feet. That portion of the ND District between Lake Huntington and County Road No. 113 (Route 52), however, shall require a front yard of no more than 10 feet in depth. The illustration below depicts how the front yard exception shall apply.

Provision of yard or other open space. No yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.

Waterfront yards. Any yard which borders on a lake, stream or body of water shall be not less than 100 feet in depth, excluding boathouses and docks.

No accessory building permitted by this chapter shall be placed in any required side or front yard, except as provided in this article.

The aggregate ground area covered by any accessory buildings in any rear yard shall not exceed 50% of the rear yard area.

Accessory structures not attached to a principal structure shall:

When an accessory structure is attached to the principal building, it shall comply with requirements for principal buildings.

Storage trailers, railroad cars, bulk containers or retired manufactured housing units and recreational vehicles shall not be used for purposes of accessory structures in connection with any use.

All facilities intended for the collection of garbage, refuse or trash on a lot shall be located in a side or rear yard and not in any portion of a front yard. This provision shall not apply to lots on which demolition or construction is taking place.

No accessory structure shall be located where it would prevent emergency vehicle access to a principal structure or to a water supply capable of serving firefighting needs. Unobstructed access drives of no less than 16 feet at the entrance shall be provided to any principal structure located more than 75 feet from the edge of the public street right-of-way.

Fences of more than eight feet in height, excluding those erected for agricultural purposes, shall require special use permits.

Private burial sites for human remains shall be subject to site plan review; shall not be located in front yards or closer than 200 feet to any principal structure, well water source or water body; and shall not be located in a flood hazard area. All burials shall otherwise comply with New York State law. Any landowner establishing a private burial site shall also place a permanent deed covenant on the property assuming all responsibility for maintenance of the site and absolving the Town of any such responsibility.