Greenville City Zoning Code
ARTICLE V
Supplementary Regulations for Residential Uses
§ 205-10 Provisions subject to regulations.
The provisions of this chapter regulating residential uses shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations:
§ 205-11 Accessory buildings.
A.
Location. An accessory building may be located in any required side or rear yard, provided that:
(1)
Such building or garage shall not exceed 22 feet from the finished floor to its ridge.
(2)
Such building or garage shall be set back 20 feet from any lot line and, if separated, shall not be located less than 10 feet from the principal building. However, in those cases where the edge of a lake forms a side yard lot line or rear yard lot line, accessory buildings located in such yards need not conform to the required five-foot setback.
(3)
All such buildings or garages in the aggregate shall not occupy more than 30% of the area of the required rear or side yard.
(4)
The footprint of the accessory building shall occupy an area not to exceed 1,500 square feet, but in no event shall the accessory building be larger than the footprint of the principal building. The sum total area of all accessory buildings on a lot shall not exceed the area requirements established in this chapter.
B.
Pairing. Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.
C.
Front yard.
(1)
No accessory building shall project nearer to the street on which the principal building fronts than such principal building. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Board of Appeals may authorize the erection of such garages within not less than 10 feet of the lot line where that natural slope of ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the lot line where such slope within 25 feet of such line exceeds 20%.
(2)
Corner lots. Wherever a side or rear yard is adjacent to a street, the front yard setback shall apply to such side or rear yard. Corner lots shall be deemed to have two front yards, one side yard, and one rear yard.
D.
Temporary sales office. For each subdivision receiving final plat approval by the Planning Board, there may be located a temporary office restricted to the sales of the dwellings within said approved subdivision plat. Said office may be situated within a model home or within a separate temporary office meeting the bulk regulations specified for the dwelling in said subdivision. Said office shall be permitted only during the period of active sales, but in no case longer than one year following the date of final plat approval. The Planning Board may extend this period up to one additional year whenever it deem that the circumstances warrant such extension.
E.
Storage trailers, pods, travel trailers, camping trailers, mobile homes, school buses, or buses of any other type, with or without a chassis, shall not be used for purposes of accessory structures.
F.
Storage trailers may be used as agricultural structures, provided that they are used in the storage of products directly manufactured by the ongoing agricultural operation.
G.
A building used for storage on a residential lot shall not be built prior to the construction of the principal structure.
§ 205-12 Clear-sight triangle.
At all street intersections in all residential areas no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.
§ 205-13 Bulk exception for fences and walls; projections.
A.
Fences or walls placed in rear and side yard areas, as defined in this chapter, shall not exceed six feet in height. Fences or walls placed in front yard areas, as defined in this chapter, shall not exceed four feet in height, except as set forth in § 205-12.
B.
Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within five feet of a street line or four feet of a property line.
§ 205-14 Previously filed plats.
Lots shown on a subdivision plat, filed with the County prior to the approval of plats by the Town Planning Board, may be used for one-family dwellings, provided that:
A.
Said plat shall be submitted to the Town Planning Board for re-subdivision approval in accord with Chapter 181, Subdivision of Land.
B.
At the time said plat is reviewed by the Planning Board it shall contain within its boundaries at least 10 dwellings, each having a lot area of less than 15,000 square feet, or said plat shall be adjacent to a built-up area containing, within 500 feet, 10 dwellings, each having a lot area of less than 15,000 square feet.
C.
Each lot in said plat shall comply with the following conditions to all other applicable requirements:
(1)
The minimum lot area shall be 12,500 square feet.
(2)
The minimum lot width shall be 90 feet, the minimum lot depth shall be 110 feet.
(3)
The minimum front and rear yards shall be 30 feet, the minimum side yard shall be 20 feet.
(4)
The minimum livable floor area shall be 600 feet.
(5)
There shall be a minimum of two off-street parking spaces per dwelling unit.
(6)
The maximum coverage shall be 35%, maximum height shall be 2 1/2 stories or 35 feet.
§ 205-15 Cluster developments; conservation subdivisions.
A.
Purposes. The purpose of conservation subdivision is to enable and encourage flexibility of design and development of land in such a manner as to preserve the natural and scenic qualities of open lands.
B.
Applicability; location.
(1)
Conservation subdivisions are applicable in all zoning districts of the Town.
(2)
An applicant for subdivision approval may propose or the Planning Board, in its discretion, may require the submission of a conservation subdivision plat where the Planning Board finds that a conservation subdivision is appropriate. The Planning Board may require a conservation subdivision only on subdivision applications that propose more than five lots. The parcel to be subdivided must consist of at least 30 acres.
(3)
In order for the Planning Board to require a conservation subdivision without the applicant's consent, the Planning Board must find that a conservation subdivision is appropriate for the particular parcel of land in question and its location based upon the following criteria:
(b)
The open space to be preserved via a conservation subdivision will not be as effectively preserved by any other method;
(c)
The open space to be preserved via a conservation subdivision is of value to the community and will preserve or enhance the rural character of the Town;
(d)
The site features and constraints will allow for a feasible clustered or conservation lot layout; and
(e)
The soils and water supply are sufficient to service each lot in the conservation subdivision lot layout.
C.
Density standards.
(1)
Overall density. The maximum number of lots permissible in a conservation subdivision shall in no case exceed the maximum number of lots permissible in a conventional subdivision for the same parcel of land if the parcel was subdivided via a conventional subdivision where the lots conform to the minimum lot size, density, and other requirements otherwise applicable to the district or districts in which such parcel of land is located.
(2)
Density calculation. The applicant shall submit a sketch plan for a conventional subdivision conforming to the minimum lot size, requirements and standards otherwise applicable to the district or districts in which the subdivision is located in order to establish the number of dwelling units permitted in a conservation subdivision. Said sketch plan must show that each lot meets the minimum lot size and area requirements for the zoning district in which it is located and that each lot shown can be developed as a viable single-family residential lot. Except as specified herein, all development standards and controls normally applicable to conventional subdivisions shall also be applicable to conservation subdivisions. Thus, areas of land needed for roads and infrastructure as well as site constraints that limit the number of lots in a conventional subdivision shall be taken into account in determining the number of lots allowable in a Conservation Subdivision. The area of lands which may be required for parks, playgrounds or recreation areas in a Conservation Subdivision, if any, or a fee in lieu of such parks, playground or recreation areas, shall in no case exceed the area of such lands that may be required in a conventional subdivision. However, the area of lands which would be required in a conventional subdivision for parks, playgrounds or recreation lands pursuant to the Town's Subdivision Regulations shall be excluded in determining the number of lots permitted in a Conservation Subdivision.[1]
(3)
The maximum number of single-family lots that may be approved in a cluster development shall be computed by subtracting the areas of all lands which are defined as follows from the gross area and then dividing the resultant developable land area by the allowable lot area as defined in this section. Areas to be subtracted from the gross area are:
(a)
All areas with slopes of 15% and greater.
(b)
All wetland areas as designated by the N.Y.S. Department of Environmental Conservation, those for which a positive jurisdictional determination is or would be received from the U.S. Army Corp of Engineers as well as areas identified by the Planning Board (via consultants) to be a continuously wet area unsuitable for development or areas subject to flooding as identified by regulatory agencies.
(c)
All areas which will be required for stormwater management facilities, including conveyances, storage, treatment, discharge and disposal facilities.
(d)
All areas that are indicated to be comprised of soils deemed unsatisfactory for subsurface sanitary sewer development as delineated in the Soil Survey of Orange County, New York, year of latest revision.
D.
Development standards.
(1)
Lot sizes and layout. The intent of this section is to allow flexibility of design that allows for enhancement of rural character and conservation of open space. Lots should vary in size and shape and should utilize existing land features in configuration of the lots.
(a)
Minimum lot size. The minimum lot size allowed in a conservation subdivision shall be no less than one acre.
E.
Open space requirements.
(1)
Amount of open space required. The size of the open space shall be determined on a case-by-case basis with the final determination to be made by the Planning Board in its discretion upon review of the subdivision application. The portion of the subdivision tract to be set aside for open space conservation shall be of such minimum dimensions and size as to be functional for its intended purpose, taking into consideration environmental, density and other site-specific factors. Fifty percent of the parcel shall be preserved as open space, if practical.
(2)
Location. Open space areas shall be convenient to the dwelling units they are intended to serve and shall be sited with sensitivity to surrounding land features and development. Open space areas shall be integrated wherever possible into a connected open space system within the development as well as outside the development. Open space areas should form a contiguous system with other open space areas in the vicinity of the subdivision development to the maximum extent practicable.
(3)
Use of open space areas. Open space areas may include features and improvements for active and/or passive recreation, provided that such features do not materially detract from the purpose for preservation of the open space. As a general principle, open space areas should be left in their natural state. Accepted conservation management techniques may be employed to maintain its natural state and allow for passive recreational opportunities such as, but not limited to, hiking trails, cross-country skiing or snowshoeing trails, picnic areas, etc. Where appropriate, active recreational facilities may be included in the open space areas. In addition, farming activities are allowed to continue on open space areas pursuant to an agricultural easement or other suitable arrangements. Where active agricultural lands are set aside in a Conservation Subdivision, such lands may remain in active agricultural use.
(4)
Deed restrictions. Any lands set aside for open space purposes shall contain appropriate easement, deed covenants, conditions and restrictions approved by the Planning Board and/or the Town Attorney, ensuring that:
(a)
The open space area or areas will not be further subdivided or developed in the future;
(b)
The designation of the open space will continue in perpetuity for the purposes specified;
(c)
Appropriate provisions are made for the continual maintenance management and use of the open space with the purpose in preserving the open space;
(d)
The delegation of authority for management of the open space area is appropriately placed in the owner or owners of the open space area;
(e)
The open space area will not be able to be converted or used for a for-profit commercial enterprise except for agricultural uses;
(f)
The easements, deed covenants, conditions and restrictions shall be recorded against the parcel with reference to such recording made in each deed of conveyance of each lot and shall be enforceable by the Town.
(5)
Open space ownership. The type of ownership of the land set aside for open space shall be selected by the applicant subject to the approval of the Planning Board. An acceptable type of ownership may include, but is not necessarily limited to, the following:
(a)
Land preservation or conservation organizations or trusts;
(b)
Public agencies or governmental bodies;
(c)
The Town, subject to acceptance by the Town Board;
(d)
The owner or owners of an individual lot or lots in the subdivision;
(e)
Homeowners' associations with the following requirements:
[1]
The homeowners' association must be established prior to the conveyance of any lot or parcel within the proposed subdivision;
[2]
Membership must be mandatory for each lot owner, and each lot owner must have an equal voting right within the association;
[3]
The association's organizational documents must be submitted to and approved by the Planning Board and/or its attorney, as part of the subdivision approval process and must also be approved by the Office of the Attorney General of New York State if required by applicable laws, rules or regulations;
[4]
An estimate of the association's annual budget must take into account insurance, property taxes, and maintenance of the open space areas as well as other shared common areas or facilities such as access roads and recreational areas;
[5]
The association must be able to adjust the homeowners' fees or assessments on an annual basis and be able to collect and enforce the payment of annual fees or assessments;
[6]
The association cannot be dissolved without a vote of the association's membership and without the conveyance of the open space and common facilities to an entity acceptable by the Planning Board; and
[7]
The deed conveying title to each individual lot in the subdivision must include reference to the fact that the conveyance is subject to and includes membership in a homeowners' association pursuant to deed covenants either set forth in each deed or recorded against the entire subdivision. Both grantors and grantees should sign deeds of conveyance to ensure purchasers or grantees are aware of the homeowners' association requirements, obligations and fees, if any.
(6)
Process in determining design. In order to effectively create a conservation subdivision, the applicant, in consultation with the Planning Board should:
(7)
Exception to or waiver of requirements or standards. The Planning Board may permit minor deviations to, or waive, certain open space requirements or standards when it determines that:
(a)
The objectives underlying the open space standards and requirements can still be met with such deviations or waivers; and/or
(b)
Because of peculiarities in the tract of land proposed for subdivision or the development proposed, it would be unreasonable to require strict adherence to such requirements or standards.
(8)
The setting aside of open space, forested land, or active agricultural land in a conservation subdivision shall in no case preclude the Planning Board from requiring the dedication of an area or areas for parks, playgrounds or recreation lands within the subdivision pursuant to the Town of Greenville Subdivision Regulations or other provisions of the Town Code.
F.
Procedure. Notwithstanding any requirements established in this section, the proposed plat of a conservation subdivision shall be subject to the application procedures established in the Town of Greenville Subdivision Regulations and shall be subject to public review at the public hearing or hearings held pursuant to those regulations.
G.
Provision of water and sewer or septic systems. Central water and sewer systems are encouraged for conservation subdivisions.
H.
Applicability. This section shall apply to all new and/or pending subdivision applications which have not received a preliminary plat approval prior to the effective date of this law.
§ 205-16 Uniformity of design.
In order to avoid monotony of architectural design, no building permit shall be issued for the erection of a home located within an approved subdivision plat if it is substantially like any neighboring building which is existing or for which a building permit has been issued or is being concurrently considered.
A.
A building shall be considered neighboring if it fronts on the same street as the building being considered and which is the first or second house along the street in either direction or which faces or is adjacent to the building that faces the building site being considered from across the street.
B.
In considering those items listed in Subsection C below, a building shall be considered substantially alike in any dimension for which they differ by less than two feet, except 20 feet for setback difference, in relative location of elements, and end-to-end or side-by-side reversal of elements shall be deemed to be alike in related location of such elements.
C.
Buildings shall be considered substantially alike unless they differ in at least three of the following respects or dimensions:
(1)
Set back from street.
(2)
Relation of a garage visible from the street to the principal building.
(3)
Gables extended from the main roof visible from the street.
(4)
A major difference in facing or finishing for the front elevation, such as brick, stone, cedar shakes, aluminum siding, etc.
(5)
The addition of dormer windows all visible from the street.