Coeymans Town City Zoning Code
ARTICLE IV
Regulations
§ 165-7 Effect of establishment of districts.
Following the effective date of this chapter, the district regulations and requirements prescribed for the various districts established hereby shall govern:
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
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.
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.
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.
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.
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;
By reason of conditions found to have existed prior to the effective date of this chapter; or
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.
§ 165-8 Schedule of District Zoning Regulations.
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.
§ 165-9 Standards for special permits.
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.
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.
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)].
Existing violations. No permit shall be issued for a special use for a property where there is existing violation of this chapter.
Standards applicable to all special uses.
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.
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.
§ 165-10 Supplementary regulations.
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.
Lot area.
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.
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.
Lot coverage and yard sizes.
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.
Porches. Any open or enclosed porch shall be considered in the determination of lot coverage as part of the building.
Fire escapes. Open fire escapes may not project more than five feet into any required yard.
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.
Home occupations.
A home occupation shall be allowable by special use permit only if it is incidental and secondary to the principal use and if by its nature and conduct thereof it has no intrusive impact on the neighborhood or zoning district.
There shall be no exterior storage of equipment.
Junkyards.[3]
Junkyards will be permitted in the residential agricultural district according to its regulations.
The following additional restrictions shall apply:
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]
All principal and accessory buildings shall meet Planning Board/Zoning Board of Appeals approval.
[Amended 2-25-2020 by L.L. No. 1-2020]
Trailer parks.[4] In addition to the district regulations, the following apply:
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.
The trailer park shall conform to state and local health requirements.
Screening, by fence or planting, must surround all trailer parks.
Vehicular surfaces shall be paved with a dustless material.
Drive-in movies.
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.
Vehicular surfaces shall be paved with a dustless material.
Loudspeakers shall be of the individual in-car type.
Entrance car off-street storage must be at least 5% of total capacity.
Entries and exits shall be approved by the authority responsible for the access road, i.e., state, county, etc.
Off-street parking minimum requirements.
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:
Dwellings: at least one parking space for each dwelling unit in the building or buildings; a garage for any commercial vehicle.
Home occupations: one parking space for every 100 square feet of occupation of floor area.
Retail stores and shops: at least one parking space for each 100 square feet of sales floor area and for each four employees.
Restaurants or other eating places: at least one parking space for each four seats and for each four employees.
Professional office (including those as home occupations): one parking space for every 100 square feet of occupation of floor space.
Banks and offices: at least one parking space for each 200 square feet of office or customer space and for each four employees.
Hotels and tourist homes: at least one parking space for each bedroom.
Auditoriums, stadia, theaters and other places of public assembly: at least one parking space for each four seats.
Tourist home, boarding home: at least one parking space for each bedroom.
Motels: at least one parking space for each unit and for the manager.
Place of worship: at least one parking space for each four seats, for each clergyman, and for each two employees.
School: at least one parking for each three employees, including teachers; loading and unloading space for buses.
Filling station: at least five parking places.
Private club: one space for each three members and for each two employees.
Industrial plant or establishment: at least one space for each company vehicle and for each two employees based on peak employment hours.
Undertaking establishment: at least 10 spaces for visitors per chapel; one space for each official vehicle and for every two employees.
Hospital, sanitarium or nursing home: at least one space for every two beds.
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.
The Board of Appeals may waive the parking requirements for uses in B-1 Districts where sufficient public parking is supplied.
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.
Off-street loading; minimum requirements.
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:
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.
Hotels: at least one space per 30,000 feet of floor area or less.
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.
Location of parking lots and loading areas.
Required off-street parking areas shall be located within required yard areas in any district.
In B-1 Districts off-street parking or loading areas will not be permitted in front of any principal building.
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]
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.
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:
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
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.
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]
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]
Excavations.
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]
Any excavation or grading which adversely affects natural drainage, silting of reservoirs or streams or the structural safety of adjoining buildings is prohibited.
Excavations shall not create conditions of objectionable noise or dust and shall not, otherwise, constitute a public hazard.
Excavations for construction.
Excavation in connection with the construction of a building for which a building permit has been issued shall be permitted in any district.
Any excavation must, at all times, be marked, covered or fenced to sufficiently protect public safety at all times during the operation.
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:
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]
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.
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.
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.
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.
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:
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.
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.
Standards for activities or condition of obnoxious or injurious nature, in all districts:
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.
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.
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.
The disposal of materials into present or future disposal systems, causing harm to the system or contamination of groundwater, shall be prohibited.
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]
Day camps. One building for a caretaker may be used as a one-family dwelling.
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]
§ 165-11 Existing nonconforming buildings and uses.
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:
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.
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.
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.
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.
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.
Displacement. No nonconforming use shall be extended to displace a conforming use.
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.
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.
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.