Deerpark City Zoning Code

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

PRD Planned Residential Development Districts and Floodplain Overlay Districts are also provided for under §§ 230-24, 230-25 and 230-17 hereof, 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 Zoning Officer, Building Inspector, Planning Board, or Town Board, as the case may be, shall request the Zoning Board of Appeals to render an interpretation which shall then be used as the basis for applying zoning standards.

Legislative purpose.

Five-hundred-foot setback from hunting club boundaries. New construction shall be set back 500 feet from the property line where such property line adjoins established hunting club property. The setback shall be measured from the property line in toward the proposed new construction on lots adjacent to hunting club properties. In the alternative, the new construction owner will have the option of giving the hunting club written permission to hunt within 500 feet of the dwelling and up to the property line for a period of 99 years from the date of said written consent and agreement. The agreement shall be in recordable form and shall run with the land to the benefit of the hunting club and shall burden the lands where the new construction shall take place.

This section may conflict with applicable portions of the Town Law of the State of New York. It is the stated intention of the Town to exercise its authority to supersede and amend, as granted under the Municipal Home Rule Law of the State of New York § 10. The Town hereby provides notice that is exercising its authority to supersede and amend pursuant to the Municipal Home Rule Law of the State of New York § 22.

Purpose. The purpose of this amendment is to make the Interchange Business District (IB) enumerated within the Zoning Law of the Town of Deerpark a more-viable area for the orderly and desirable development and use of the land within said district. The proposed amendments set forth herein are intended to provide more-appropriate features in order to guide new development to facilitate desirable change in this district of the Town.

Legislation. Section 230-4 of Article II of the Zoning Law of the Town Deerpark has been amended to specifically repeal the definition of "hotel"; in the place and stead of said repealed definition, a new definition has been included in Article II as per this chapter.

A definition entitled "permitted use with Planning Board approval" has been added to Article II of the Town's Zoning Law as per this amendment.

Article VII of the Town's Zoning Law has been changed to read "Permitted Uses; Permitted Uses with Planning Board Approval; Special Uses and Site Plan Review Procedures."

The following sentence has been added to the end of § 230-40 of the Town's Zoning Law: "All enumerated procedures and regulations set forth in this article shall also apply to site plans submitted for review and approval for all permitted uses and all permitted uses with Planning Board approval."[2]

The final sentence of § 230-48 of the Town's Zoning Law, entitled "Effect of site plan approval," has been amended as per this chapter. The final sentence now reads: "Permitted use, permitted use with Planning Board approval, special use or accessory use which has been discontinued for a period of five years or more years shall also be deemed to have lapsed."[3]

Section 230-8 of Article III of the Town's Zoning Law has been amended to adopt a new Schedule of District Regulations for the Interchange Business District (IB) as attached to this chapter.

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-size lots insofar as lot area, as will any two dwelling units on the same property. Single studio apartments occupied by immediate family members shall, however, be exempt from this requirement.

Minimum dwelling standards. All detached dwellings shall provide at least 1,000 square feet of living area, possess a minimum dimension of 24 feet, longitudinally or transversely, be erected on a permanent foundation with/without basement and be equipped for year-round occupancy. Detached dwellings of less than 1,000 square feet in dwelling area that do not serve as the principal permitted use on a lot or are used for seasonal purposes only may be individually permitted as special uses.

Corner lot. 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.

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:

Side yard exception. Where the side wall 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 adjacent improved lots, but not less than 30 feet from the center line.

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 New York State Department of Environmental Conservation classified lake, stream, or body of water shall be not less than 100 feet in depth, except for 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.

Accessory structures utilized for storage of farm equipment or farm storage, construction equipment, or recreation equipment shall be allowed without a primary principal structure. However, if utilized for commercial endeavors, it must have Planning Board approval.

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:

Accessory structures of more than one story in height within required side or rear yards shall be special uses.

When an accessory structure is attached to the principal building, it shall comply with requirements for principal buildings, except that it may be located not less than 10 feet from one side or rear lot line, or in such fashion as to prevent emergency fire fighting access or to shade a residential structure on an adjoining lot.

Railroad cars, mobile home units and recreational vehicles shall not be used for purposes of accessory or principal structures in connection with any use. The use of storage trailers or bulk/shipping containers as an accessory use in connection with a commercial or institutional use shall be permitted on a special use basis where the trailers or containers can be substantially screened from view with evergreen plantings, fencing or earthen berms as may be required to accomplish the purpose.

Aboveground or in-ground swimming pools, incidental to the residential use of the premises and not operated for gain, shall require permits if more than two feet deep. A private swimming pool shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:

Keeping of a reasonable number of domestic animals for household purposes, or as pets, and private stables shall be permitted in every district, subject to the requirements of the Town of Deerpark Dog Law (Local Law No. 13-2000, as amended)[1] and the following conditions:

Permanent fences erected for purposes other than confinement of farm livestock shall: be located a minimum of 18 inches from property lines, unless the Building Department receives an as-built survey of the fence certified by a New York State licensed surveyor; be located eight feet from a roadway surface; and require permits under this chapter. Vegetative fences shall be set back a distance sufficient to maintain all growth on the property affected. Fences erected in front yards in RR, RRC, and RS Districts shall be a maximum of four feet in height where six-foot high fences may be permitted. Fences erected in rear yards shall be a maximum of six feet in height. Fences erected in I-1 Industrial District rear yards or for commercial uses within HM-U Hamlet/Mixed Use Districts shall be a maximum of eight feet in height. Sight distance must be maintained. Fencing is subject to the Building Inspector's comments. Approval for fencing not complying with the above would be by the Zoning Board of Appeals.

At all street intersections, no obstructions to vision shall be maintained, erected, or planted on any lot within the triangle formed by the intersecting street lines and a line drawn between points along such street lines for a thirty-foot distance from their point of intersection.

Storage trailers or bulk/shipping containers may be used in connection with new construction or renovation for a period of up to one year by permit only. The final C.O. shall be withheld by the Building Inspector until the container is removed from the property.