Greenwood Lake City Zoning Code
ARTICLE V
District Regulations
§ 120-11 Schedule of Use Requirements.
The accompanying Schedule of General Use Requirements, which lists and defines the use of land and buildings, and all other matters contained therein, is hereby adopted and declared to be a part of this chapter.[1] The regulations listed for each zoning district are subject to all provisions of this chapter. Any use not specifically listed on the Schedule of Use Requirements is prohibited. The establishment of a Village-operated governmental, recreational or utility use on Village-owned land shall be a permitted use in any zoning district.
[1]
Editor's Note: The Schedule of General Use Requirements is included at the end of this chapter.
§ 120-12 Table of Bulk Requirements.
The accompanying Table of Bulk Requirements, which lists the regulations pertaining to lot size, yards, lot coverage, height, and other matters contained therein, is hereby adopted and declared to be a part of this chapter.[1] The bulk requirements listed for each zoning district are subject to all provisions of this chapter and, unless otherwise indicated, shall be deemed to be the minimum requirement in every instance of their application.
[1]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
§ 120-13 Dwellings on small lots.
A.
Sewage disposal plans.
(1)
Purpose. The Village of Greenwood Lake is a former small-lot seasonal residence community that has been transformed into a fully occupied year-round community. Individual sewage treatment systems designed and intended to be used on a seasonal basis are being utilized year round, and inadequately treated effluent may be saturating the underlying soil and infiltrating the lake, resulting in a significant negative impact to the Village and its environment. In order to protect the health and safety of the Village residents as well as the water quality of Greenwood Lake, building permit applications for the following activities shall require the submission and Village certification of a sewage disposal plan:
(a)
Development of any vacant lot for residential use.
(b)
Reconstruction or additions to an existing residence that would result in an increase in the number of rooms which could be utilized as bedrooms.
(2)
The sewage disposal plan shall be prepared by a New York State licensed professional engineer and shall include the following information:
(a)
The owner of record and Tax Map number of the lot.
(b)
A field survey of the property and the date of the survey.
(c)
Existing or proposed septic tank and absorption field details.
(d)
Percolation and deep test results witnessed by the Village Engineer or Building Inspector.
(e)
Any other information required by the Village Engineer to adequately illustrate the design and location of the proposed or expanded system.
(f)
The seal and New York State license number of the professional engineer who prepared said plan.
(g)
The following general notes:
[1]
"The buyer of a lot must be supplied with a copy of the approved plan. If the sewage disposal facility is installed prior to sale, the buyer shall be supplied with an accurate as-built of these facilities."
[2]
"Prior to construction, a New York State licensed professional engineer shall stake the proposed sewage disposal system."
[3]
"The sewage disposal system design and location shall not be changed from those shown on the approved plans."
[4]
"The septic tank shall be inspected at the time of construction by a New York State licensed professional engineer who shall provide written certification to the Building Inspector prior to occupancy that all septic tank joints are sealed and tested for watertightness and that the tank is installed in accordance with these approved plans and the manufacturers requirements. Said certification is a condition of the granting of a certificate of occupancy."
(3)
Certification of sewage disposal installation. The licensed professional engineer responsible for preparing the sewage disposal plan shall inspect the septic disposal facilities at the time of construction and shall certify that said facilities have been installed in accordance with the plan.
(4)
Upon receipt of written certification in accordance with § 120-13A above, the Building Inspector may grant a certificate of occupancy, provided that all other conditions and requirements of the certificate of occupancy have been met.
B.
Approved lots. Lots shown on a subdivision plat receiving final approval by the Planning Board and filed with the Clerk of Orange County on or prior to the effective date of Local Law No. 3-1964 (August 1, 1964) which have a total area of less than 20,000 square feet shall be developed in accordance with all applicable bulk requirements as of said effective date of August 1, 1964, which required a minimum lot area of 10,000 square feet (amended 7-6-1983 by L.L. No. 7-1983), and shall require the submission and certification of a sewage disposal plan in accordance with § 120-13A above.
C.
Bulk requirements for small lots. For existing lots not meeting the conditions of 120-13B above, the following table provides the minimum bulk requirements for a single-family dwelling on a lot with a lot area of less than 20,000 square feet:
Lot Width | ||||
|---|---|---|---|---|
Minimum Bulk Requirements | 50-60 Feet | 60-75 Feet | 76-100 Feet | |
Lot depth (feet) | 100 | 100 | 100 | |
Front yard (feet) | 25 | 25 | 25 | |
Rear yard (feet) | 39 | 30 | 30 | |
One side yard (feet) | 7.5 | 10 | 12 | |
Total side yards (feet) | 4 inches per foot of lot width | 27 | 30 | |
D.
A nonconforming lot with a lot area of less than 20,000 square feet may be used for not more than one single-family dwelling and accessory uses thereof.
E.
An existing dwelling on a lot with a lot area or lot width of less than the minimum required in the zoning district in which it is located may be expanded, provided that the provisions of § 120-13A and C are met, and there is no increase in nonconformity or noncompliance. Dwellings not meeting the provisions of § 120-13C shall require an area variance.
§ 120-14 General requirements for residential uses.
A.
An accessory use shall be located on the same lot as the principal permitted use.
B.
An accessory building may be located in any required rear or side yard, provided that such building shall not exceed 15 feet in height, shall be set back five feet from any lot line and shall be located not less than 10 feet from the principal building.
C.
No accessory building shall project nearer to that 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 private garages, the Planning Board may authorize the erection of such garages under the following conditions:
(1)
If the natural slope is from 10% to 20% and situated within 25 feet of the street line, the Planning Board may permit garages not closer to the street line than 10 feet.
(2)
Where such slope exceeds 20%, said Board may permit a garage not closer than five feet to the street line.
(3)
When a lot is located on a lakefront, the Planning Board may permit a garage to be built not closer than 10 feet to the street line, and the aggregate square footage of all accessory buildings shall be computed so that it shall not exceed 30% of the required front yard.
(4)
The location of said garages shall not impede access to the principal structure for purposes of fire and emergency protection. For any lot whose lot width is 25 feet and less, a private detached garage for the storage of one car only shall be permitted.
D.
Private swimming pools.
(1)
A swimming pool shall be incidental to the residential use of the property and not operated for gain.
(2)
The pool shall be subject to water metering in accordance with the Code of the Village of Greenwood Lake and all other applicable regulations.[1]
[1]
Editor's Note: See Ch. 114, Water.
(3)
The pool shall not occupy more than 30% of any required rear or side yard. In addition, a swimming pool with an area of 150 square feet or more and a depth in excess of two feet shall be built at a distance from the property lines not less than the distance required for the erection of accessory buildings. If located within 50 feet of any property line, such pool shall be screened from view of abutting properties at the ground floor level with a screening of not less than five feet in height.
(4)
Swimming pools shall be enclosed with a permanent fence which shall be maintained and provided with a self-closing self-locking gate which shall be locked when the pool is unattended or not in use. Said fence shall be not less than four feet in height. The required screening and the fence may be the same material.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5)
Adequate drainage shall be provided to accept water emptied from the pool, subject to Planning Board approval.
E.
Off-street parking. Two off-street parking spaces shall be provided per dwelling unit. A driveway within a required front yard may count as one parking space, except on a corner lot.
§ 120-15 Docks accessory to residential uses.
[Amended 12-13-1999 by L.L. No. 4-1999; 11-17-2004 by L.L. No. 2-2004]
A.
Docks are permitted as accessory structures in the R(W)-20 and RC zoning districts.
B.
Residential docks are structures for the use of property owners, family members and guests. No residential dock may be offered for commercial purposes.
C.
In accordance with § 120-76, a building permit is required for the erection of any dock which extends into or over the waters of Greenwood Lake. Any repair, restoration, reconstruction or structural alteration involving more than 50% of the construction of an existing dock shall require the same permitting procedures as for a new dock. No building permit shall be issued for any dock, or proposed dock, which does not otherwise comply with the relevant provisions of all statues, codes, rules and regulations promulgated by the New York State DEC and the Army Corps of Engineers.
D.
In the event that a dock, which improves a parcel of real property, is used for a preexisting legal nonconforming use, such preexisting legal nonconforming use shall be allowed to continue to exist as is or may be modified so as to make the subject use less nonconforming.
E.
All docks shall be subject to the following bulk and material requirements:
(1)
No dock shall be located less than one foot from the property line.
(2)
Construction, placement and length.
(a)
No dock shall be constructed or placed so as to interfere with normal navigation or reasonable access to adjacent docks or lands.
(b)
No dock extending from a lot adjacent to the waters of the arms of Greenwood Lake shall extend a length greater than 20% of the narrowest width between the subject lot and the opposite shore.
(3)
No dock shall be constructed of any material containing, or treated with, arsenic; creosote; paint containing lead; or any substance, the use of which in residential structures is prohibited by the relevant portions of the Residential Code of the State of New York.
(4)
No dock shall be constructed in a manner so that flotation material could disintegrate, or break free, and be released into the waters of Greenwood Lake.
F.
It shall be unlawful to moor a boat, or allow a boat to be moored, within one foot of the adjacent lakefront property line.
G.
All residential docks must be maintained in accordance with Chapter 62, Property Maintenance.
§ 120-16 General requirements for nonresidential uses.
A.
Multiple uses. Multiple nonresidential uses are permitted on individual lots in the RC, CS, HC and PD-120 and PD-200 Districts. Any multiple use of a lot shall conform to the minimum requirements for each permitted use, except as otherwise provided herein.
B.
Lighting. All parking areas shall be well lighted, with such lighting arranged so as to eliminate glare beyond the lot line of said parking area. All building and storage areas shall be well lighted so as to provide maximum security and public safety, with such lighting so arranged and shielded as to eliminate glare on abutting properties and beyond the street line.
C.
Nonresidential uses located in R-40, R-20, R(W)-20 and R-120 Districts. For any lot in the RC, CS, HC, PD-120, PD-200 and PDC Districts abutting a residential use or residential district boundary, the side yard of said lot shall not be less than 25 feet. Rear yards for any lot abutting a residential use or residential district boundary shall not be less than 25 feet. No parking for a nonresidential use shall be located within 15 feet of any residential district boundary or a lot in residential use.
[Amended 4-1-1999 by L.L. No. 1-1999]
D.
Lot lines of lots in nonresidential use abutting a residential use or residential district boundary shall be screened in such a way so as to block the view of the nonresidential use from the residential use or the residential district by installing a natural or man-made screen as approved by the Planning Board.
E.
For nonresidential uses in the RC and PD Districts, existing and new buildings and parking areas for commercial vehicles shall be screened from view from the street line, shoreline, abutting residential uses and all residential district boundaries.
F.
Sewage treatment. All commercial uses shall conform to the requirements of commercial sewage facilities (septic systems), except for rooming houses or tourist homes, which shall be deemed to require residential sewage disposal facilities as regulated under Chapter 85, Sewers. Septic fields shall be located a minimum distance of 100 feet from the shoreline, when applicable.
G.
Uses carried out in enclosed structures. Except for those uses specifically noted, all uses shall be carried out in a building fully enclosed on all sides. Storage required, if available outside such building, shall be screened from the view of the public. Such screening shall be at the discretion of the Planning Board.
§ 120-17 Cluster development.
A.
Approval of plats. The Board of Trustees, pursuant to § 7-738 of the Village Law, hereby empowers the Planning Board, simultaneously with the approval of a plat or plats, to modify applicable provisions of this chapter, subject to the conditions hereinafter set forth and such other reasonable conditions as the Board of Trustees may in its discretion add thereto. The purpose of this authorization is to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities and to preserve the natural and scenic qualities of open lands.
B.
Conditions for changes in zoning provisions. The conditions hereinabove referred to are as follows:
(1)
The Planning Board may require the submission of an application for the use of this procedure, if in its judgment the application would benefit the Village and the public interest. If the owner makes written application for the use of this procedure, it may be followed at the discretion of the Planning Board subject to the purposes noted above.
(2)
This procedure shall be applicable only to zones that permit residential uses, including the PD Districts, and its application shall result in a permitted number of building lots or dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements applicable to the district or districts in which such land is situated and conforming to all other applicable requirements of this chapter, including the provisions of § 120-18; provided, however, that where the plat falls within two or more districts with differing density requirements, the Planning Board may approve in any one such district a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts. When laying out the location of the dwelling units, said units shall not be situated in areas constrained by:
(a)
The one-hundred-year floodplain.
(b)
Slopes in excess of 25%.
(c)
Freshwater wetlands.
(3)
In the case of a residential plat or plats, the dwelling units may be, at the discretion of the Planning Board and subject to the conditions set forth by the Board of Trustees, in detached, semidetached, attached or multistory structures.
(4)
In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes directly related to the plat, then the Planning Board as a condition of plat approval may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. Any conditions relating to Village ownership of the lands shall be approved by the Village Board prior to the Planning Board granting final approval to the plat.
(5)
The proposed site plan or plat, including areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, and streets, driveways and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes or supplementations of existing zoning provisions as are not shown on said site plan, shall be subject to review and public hearing by the Planning Board in the same manner as set forth on § 7-728 of the Village Law for the approval of plats.
(6)
On the filing of the plat in the office of the County Clerk, a copy shall be filed with the Village Clerk, who shall make appropriate notations and references thereto on the Village Zoning Map.
(7)
The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in this chapter applicable to such lands.
(8)
The authorization herein shall apply to all lands within the incorporated Village of Greenwood Lake.
§ 120-18 Development constraints.
For purposes of determining maximum development yield, and in order to limit construction in areas with developmental and environmental limitations, the following requirements shall apply in all zoning districts:
A.
Utility rights-of-way and designated streets. Not more than 50% of any land within easements or rights-of-way for electric transmission lines of 34.5 kilovolt and greater or within a street line shall be counted as part of any minimum lot area requirement. No building, structure, yard or land proposed for prolonged habitual human occupancy shall be located within the easement; however, a road may traverse the easement.
B.
Land under water (applicable prior to development). Not more than 50% of the area of that portion of a lot may be counted as part of any lot area if subject to the following: ponds; freshwater wetlands regulated by the Army Corps of Engineers; areas within the Federal Emergency Management Agency designated one-hundred-year floodplain; that portion of any freshwater wetland and any one-hundred-foot control area designated by the New York State Department of Environmental Conservation. Said uses shall not be situated on that portion of the lot containing a freshwater wetland.
C.
Steep slopes (applicable prior to development).
[Amended 12-10-2007 by L.L. No. 1-2007]
(1)
Only 50% of the land area of that portion of each lot may be counted as part of any lot area if subject to the following:
(a)
For residentially zoned properties, slopes over 15%.
(b)
For non-residentially zoned properties, slopes over 15%.
(2)
No development shall be permitted on steep slopes in excess of 15%.
D.
Designated protection areas.
[Added 12-10-2007 by L.L. No. 1-2007]
(1)
Areas within which the changing of land contours and/or the removal of the natural vegetative cover and/or the erection of structures is automatically subject to approval of plans and authorization by the Planning Board, according to § 120-46, for purposes of protecting ecologically sensitive areas and scenic assets of the community, except that the interior alteration and minor exterior alteration of structures shall not require authorization by the Planning Board. Such interior alterations and minor exterior alterations shall require only the approval of the Building Inspector and issuance of a building permit. Those areas so designated are as follows, including a minimum one-hundred-foot setback from such identified areas:
(a)
Lands owned or utilized by the United States National Park Service and known as the Appalachian Trail System.
(b)
Lands owned or utilized by the Palisades Interstate Park Commission.
(c)
Lands owned or utilized by Sterling Forest State Park.
(d)
Greenwood Lake and all streams feeding this reservoir system, and all other lakes and ponds, if any, over 10 acres in surface area.
(e)
Any active well heads being used by the Village of Greenwood Lake or any other municipal water source.
(f)
Federal and state designated wetlands within 500 feet of Greenwood Lake.
(2)
The one-hundred-foot setback requirements identified as "designated protection areas" shall be interpreted to mean that measurement be made from the banks of streams or the mean high water mark of shorelines of lakes, and also from the boundary of Appalachian Trail or other identified lands.
(3)
For existing buildings within the areas identified in Subsection D(1) herein that are proposed for alteration, enlargement, extension, reconstruction, restoration or proposed to be placed on a different portion of the lot or parcel of land occupied by the use and that are subject to approval of plans and authorization by the Planning Board according to § 120-46 and a sanitary sewage disposal system dye test shall be conducted to the specifications of the Village Engineer.
(4)
For purposes of this section, "minor exterior alterations" shall be defined as the repair of an existing structure, the replacement of an existing structure of the same or comparable materials originally utilized and within the same dimensions as the original structure.
