Galway Town City Zoning Code
ARTICLE IV
General Regulations
§ 115-13 Schedules of regulations. [1]
To facilitate public understanding of this chapter and for the better administration thereof, the basic regulations controlling the use of buildings and land and arrangement of buildings are set forth in the annexed schedules (Appendixes 3A, 3B and 4) for each of the districts established by Article III of this chapter. Such schedules are hereby adopted and declared to be a part of this chapter and may be amended in the same manner as any other part of this chapter.
[1]
Editor's Note: The schedules of regulations, Appendixes 3A, 3B and 4, are included at the end of this chapter.
§ 115-14 Applicability of regulations.
Except as hereinafter provided:
A.
Those uses not permitted and not listed in the Use Schedule are prohibited, unless otherwise approved by the Town Board as part of a PDD.
B.
No building or land shall hereinafter be changed in use and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
C.
No building shall hereinafter be erected, moved or altered:
(1)
To occupy a greater percentage of lot area; or
(2)
To have narrower or smaller rear yards, front yards or side yards than are specified herein for the district in which such building located, unless such lot is created as a clustered or conservation subdivision.
D.
No part of a yard or other open space required for any structure for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another structure, except as allowed in § 115-24 for a clustered or conservation subdivision.
E.
Lots and structures and residences erected or installed on such lots must be owned by the same person except in the Lake District on those properties under long-term lease. Each lot must be separately deeded and identified before construction begins.
F.
No lot shall be created or reduced in area so that any required area or open space will be less than prescribed in the regulations for the district in which said lot is located. These provisions shall not apply when a portion of a lot is taken for a public purpose.
G.
Nothing contained herein shall prohibit the use of a lot of less than the prescribed area, width or depth, when such lot is owned individually or separately from any adjoining tract at the time of enactment of this chapter, provided that all other provisions of this chapter are met.
§ 115-15 Exceptions.
A.
Height exceptions. The height limitations of this chapter shall not apply to telecommunications structures or antennas, church spires, belfries, cupolas, sirens and loud speakers for emergency purposes, chimneys, water tanks, silos, bulkheads and 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 may be required to be screened by the Planning Board.
B.
Lot depth. The required depth may be decreased at any point, provided that the average lot depth conforms to the minimum required.
(1)
The Planning Board may reduce this requirement if, in its judgment, a reduction will result in more open space being preserved or if such lot design enhances rural character or environmental health.
(2)
Lot depth may be varied when a cluster or conservation subdivision design is required or proposed.
C.
Required yards. Required yards may be varied when a cluster or conservation subdivision design is required or proposed.
D.
Corner lots.
(1)
Required front yards. On a corner lot, each street frontage shall be deemed a front street line, and the required yard along each such lot line shall be the required front yard. The required side yard and the required rear yard shall be determined by the orientation of the main structure.
(2)
Obstruction at street intersections. At all street intersections, no obstructions to vision, such as a fence, wall, hedge, structure or planting over three feet in height, shall be erected on any lot within the triangle formed by the intersection of street lines or their projections where corners are rounded and a straight line joining said street lines at points which are 40 feet distant from their point of intersection measured along the edge of the travel lane of said street lines and/or projections.
E.
Structures in required yards.
(1)
The following accessory structures may be located in any required yard except where such constitute a permanent obstruction in a required front yard in any district:
(a)
Chimneys and pilasters.
(b)
Open arbor or trellis.
(c)
Unroofed steps, patio or terrace not less than 20 feet from the highway right-of-way.
(d)
Awning or movable canopy not to exceed 10 feet in height.
(e)
Retaining wall, fence or masonry wall, except as limited by this chapter.
(f)
Overhanging roof not in excess of 10% of the required front yard depth.
(2)
An accessory structure, except as allowed herein, shall not be located within the minimum front yard setback.
(3)
The following accessory structures may be located in any side or rear yard, subject to the limitations contained herein:
(a)
Private in-ground or aboveground swimming pool not less than 20 feet from the side or rear lot line.
(b)
Energy collection devices not less than 20 feet from the side or rear lot line.
(4)
Where two or more main buildings are located on a parcel in single ownership, said buildings shall conform to all the requirements of this chapter which would normally apply to each building if each were a separate lot.
F.
Minimum lot frontage.
(1)
See Appendixes 3A and 3B for lot frontage requirements.[1]
[1]
Editor's Note: Appendixes 3A and 3B are included at the end of this chapter.
(2)
Lot frontage exceptions:
(a)
Culs-de-sac. An exception to the lot frontage requirement will be granted for lots located within a cul-de-sac, where all lots shall have a minimum lot frontage of 50 feet, as measured along the right-of-way of such cul-de-sac.
(b)
Flag lots. An exception to lot frontage requirements may be granted for lots designed as "flag lots," "keyhole lots", etc., provided that:
[1]
In the opinion of the Planning Board, the character of the land precludes typical subdivision development, or a unique and desirable lot can be created.
[2]
The creation of a flag lot is not to circumvent typical subdivision with the internal street development.
[3]
The proposed lot is a minimum of five acres.
[4]
The proposed lot has a minimum lot frontage of 40 feet, as measured along the right-of-way of the fronting highway, and shall be no less than 25 feet throughout the entire length leading to the buildable portion of the lot and there shall be 200 feet at the building line.
[5]
The required setbacks can be met when measured from the point where the lot meets the required minimum lot width for that zoning district.
G.
Density calculation exceptions. Outside of the Natural Resource Overlay District, density shall be calculated based on the gross acreage of the lot. For lots located in part or totally within the Natural Resource Overlay, net density shall be calculated for lots constrained with wetlands, floodplains, steep slopes, open water, or other environmental limitations. Where these limitations exist, the Planning Board may require establishment of a building envelope so that new structures will be located outside of these constrained areas.