Highlands City Zoning Code
ARTICLE III
Supplemental Use and Dimensional Regulations
§ 210-11 Placement of accessory buildings and uses.
A.
In all districts:
(1)
A private garage may be constructed as a structural part of a main building, provided that when so constructed, the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.
(2)
Accessory buildings, including private garages, shall not be placed within a required front yard, nor within a required side yard.
(3)
An access driveway may be located within a required yard.
(4)
Required accessory off-street parking area or truck loading space shall not be encroached upon by buildings, open storage or any other use.
(5)
The storage of manure or of odor or dust-producing substances as an accessory use shall not be permitted within 50 feet of any side or rear lot line, or within 100 feet of any front lot line.
(6)
The following shall apply to all forms of animal husbandry, except the keeping of animals as household pets:
(a)
All shelters provided for livestock, fowl or fur-bearing animals shall be at least 100 feet from any property line, except that an existing shelter may remain and be added to, provided that the addition shall not encroach on a required yard.
(b)
The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problems.
§ 210-12 Street frontage width.
In all districts except a B District, the lot frontage at the street line shall be not less than 50 feet.
§ 210-13 Height regulations.
A.
Exceptions. Nothing herein contained shall restrict the height of the following: church spire, cupola, dome, belfry, clock tower, flagpole, chimney flue, elevator or stair bulkhead, water tank, stage tower or scenery loft, radio or television tower, transmission line or tower or similar structure.
§ 210-14 Yard regulations.
A.
Accessory structures. The following accessory structures may be located in any required front or rear yard:
B.
Front yard exceptions. The space in a required front yard shall be open and unobstructed except for structures provided for in Subsection A and the following:
C.
Projections. Every part of a required yard shall be open to the sky unobstructed except for retaining walls and accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.
D.
Fire escapes. Open or lattice-enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Code Enforcement Officer when placed so as not to obstruct light and ventilation.
E.
Through lots. Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
F.
Improved streets. Where a building is proposed in a residence district and at least 25% of the street frontage has been improved with buildings within 200 feet of the side lot lines of the proposed building site on the same side or projected to the opposite side of the street, and the average front yards exceed the minimum requirement, the front yard shall be at least equal to the average front yards of the two existing buildings closest thereto; provided that the maximum setback need not exceed the required minimum front yard by more than 20 feet.
§ 210-15 Courts.
A.
Inner court. In all districts, the least horizontal dimension of an inner court at its lowest level shall be not less than the larger of the following two dimensions:
B.
Outer court width. In all districts, the least width of an outer court at its lowest level shall be not less than the largest of the following three dimensions:
C.
Outer court depth. In all districts, the horizontal depth of an outer court shall not exceed 11/2 times its least width.
§ 210-16 Spacing between buildings.
A.
Multiple dwellings. In the layout of a development of garden apartments or other multiple dwellings on a lot or tract of land, a horizontal distance of not less than 35 feet or 2/3 the height of the higher building, whichever is the greater, shall be maintained between all main buildings and between main buildings and major detached accessory buildings or groups of accessory buildings, such as a garage compound, having a ground coverage equal to that of a main building.
§ 210-17 Corner clearances.
On a corner lot in any residence district, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected to a height in excess of two feet; no vehicle, object or any other obstruction of a height in excess of two feet shall be parked or placed; and no hedge, shrub or other growth shall be maintained at a height in excess of two feet, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level, or pavement level where there is no curb, shall be permitted. Such triangular area shall be determined by two points, one on each intersecting street line, each of which points is 25 feet from the intersection of such street lines.
§ 210-18 Minimum residential floor area.
A.
Statement of purpose. The requirements contained in this section are designed to promote and protect the public health; to prevent overcrowded living conditions; to guard against the development of substandard neighborhoods; to conserve established property values; and to contribute to the general welfare.
B.
Minimum schedule. Every dwelling or other building devoted in whole or in part to a residential use, which is hereafter erected, or converted to accommodate additional families, shall provide a minimum floor area per family on finished floors with clear ceiling height of not less than seven feet six inches, in conformity with the following schedule and with the other provisions of this section. The minimum stipulated herein shall be deemed to be exclusive of unenclosed porches, breezeways, garage areas and basement and cellar rooms or areas.
Type of Residence Building | Minimum Required Floor Area Per Family |
|---|---|
Single- and two-family detached dwelling and mobile home not located in licensed mobile home courts | 900 square feet |
Multiple-dwelling and mobile homes located in licensed mobile home courts | 500 square feet |
C.
First floor area of a dwelling. The minimum first floor enclosed area of a dwelling other than a mobile home located in a licensed mobile home court, exclusive of garage or other accessory building, shall be 750 square feet, and its least overall dimension shall be 20 feet.
§ 210-19 Permitted fences and walls.
A.
Schedule of permitted fences and walls. The following schedule of a permitted fences and walls shall apply according to the district in which the lot is located on the Zoning Map,[1] whether such lot be used for a permitted use or for a special exception use, except where the Planning Board or the Board of Appeals may require special treatment.
Maximum Fence or Wall Height (Except where corner clearances are required in accordance with § 210-17) | ||||
|---|---|---|---|---|
District | Front1 Lot Line (feet) | Side Lot Line (feet) | Rear Yard Lot Lines (feet) | Not In Any Minimum Required Yard (feet) |
R-1 | 4 | 6 | 6 | 6 |
R-1-R | 4 | 6 | 6 | 6 |
R-2 | 4 | 6 | 6 | 6 |
R-3 | 4 | 6 | 6 | 6 |
R-4 | 4 | 6 | 6 | 6 |
R-5 | 4 | 6 | 6 | 6 |
R-6 | 4 | 6 | 6 | 6 |
R-MHC | 4 | 8 | 8 | 8 |
B | 4 | 8 | 8 | 8 |
NOTES: |
|---|
1A front yard fence must not obstruct visibility. A cyclone or wire fence or similar type only is permitted. |
[1]
Editor's Note: The Zoning Map is on file in the office of the Town Clerk.
B.
Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence; excepting that where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall, and further excepting that any fence or wall on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of the schedule contained in Subsection A of this section.
§ 210-20 Required transitional yards and screening.
In order to assure an orderly and compatible relationship between residence districts and nonresidential districts along their common boundary lines, the following requirements shall be met along such boundaries:
A.
Minimum required transitional yards. Minimum required transitional yards within nonresidential districts across district boundaries from residential districts shall be at least 20 feet in B Districts.
B.
Required screening of side and rear yards. Minimum required screening within required transitional side and rear yards shall be a six-foot-high stockade type fence or equal, to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Planning Board, subject to the applicable provisions of § 210-10, may waive or modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.
§ 210-21 Building permits; site plan procedure and standards.
[Added 10-24-1988[1]]
A.
No building permit or certificate of occupancy shall be issued for other than a one-family residence, a two-family detached residence or for structures accessory thereto until a site development plan has been approved by the Planning Board in accordance with this section.
B.
Objectives. In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the prospective occupants of the proposed development and of the immediate neighborhood in particular. The Planning Board may prescribe such appropriate conditions and safeguards as may be required in order to further the expressed intent of this chapter and to accomplish the following objectives in particular:
(1)
Traffic access: that all proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
(2)
Circulation and parking: that adequate off-street parking and loading spaces are provided to prevent parking on public streets of vehicles of any persons connected with or visiting the site, and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking.
(3)
Landscaping and screening: that all recreation areas, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets.
(4)
Compatibility: that signs and lights are compatible and in scale with building elements and shall not predominate the overall visual impact of the project. Textures of buildings and paved areas shall be sufficiently varied to prevent a massive or monolithic appearance, particularly areas of asphaltic paving for parking.
(5)
Environment: that the design, layout and operational characteristics of the proposed use do not represent a significant impact on the environment or result in a waste of the land and other natural resources of the Town, and that, to the greatest possible extent, development is in harmony with the natural environment, and adequate compensatory devices are prescribed to offset potential significant deterioration resulting from the project.
(6)
Development: that the site development plan elements (including buildings, parking, drainage, circulation, signs and lighting) will not adversely affect the potential for development for the highest and best use of the adjacent properties or the property under review.
D.
Preliminary review and approval. The Planning Board at a meeting will undertake initial review of the proposed plan and may grant concept approval with such modifications and conditions as are necessary to ensure conformity of said plans with the general and specific criteria set forth in this chapter and other applicable rules and regulations of the Town of Highlands. The Planning Board shall authorize the setting of a public hearing in accordance with Article VII of this chapter for consideration of final site plan approval.
E.
Final review and approval.
(1)
An application for final site development plan approval shall be made on forms prescribed by the Planning Board and accompanied by a fee in accordance with the Standard Schedule of Fees of the Town of Highlands[3] and shall include:
(a)
Complete building and construction plans and all other material required by the Code Enforcement Officer for issuance of a building permit, together with a report from the Code Enforcement Officer indicating that the building and construction plans are in conformity with the codes and regulations of the Town of Highlands; and
(b)
Floor plans and elevations in sufficient detail to permit adequate review.
[3]
Editor's Note: Said schedule is on file in the Town offices.
(2)
The final site plan and all materials shall be subject to review and consultation in the same manner as the preliminary site plan. The Board shall take action on the application within 45 days of the public hearing. The Board shall include such conditions of approval as were required and, in addition:
(a)
The Planning Board shall require that on- or off-site improvements be installed, including but not limited to on- or off-site drainage systems to ensure that all drainage, storm runoff and subsurface waters are carried into approved watercourses and drainage systems.
(b)
No certificate of occupancy shall be issued for any use shown on approved site development plans until all of the improvements shown upon the site development plan and the off-site improvements, as required by the Planning Board, have been duly installed, and all easements and property interest have been granted. The Town shall provide for the inspection of the required on- and off-site improvements during and after construction to ensure their satisfactory completion and require the applicant to pay an inspection fee to the Town in accordance with the Standard Schedule of Fees.[4]
[4]
Editor's Note: Said schedule is on file in the Town offices.
F.
Final approval; issuance of permit.
[Amended 5-22-2006 by L.L. No. 4-2006]
(1)
Upon submission of the final site development plan with modifications required by the Planning Board in its final approval, and upon satisfaction of any conditions imposed by such approval, the Chairman of the Planning Board shall sign the approved site development plan and file one copy with the Code Enforcement Officer, who may thereafter issue a building permit and certificate of occupancy in reliance thereof.
(2)
Approval of a final site development plan shall be valid for two years from the date the Planning Board decision is filed in the office of the Town Clerk, after which time the approval shall be null and void unless a building permit has been issued. If there is not substantial change in the condition of the site, or its environs or the zoning requirements, a site development plan approval may be extended by the Planning Board for one additional year upon submission of a written request of the applicant submitted prior to the expiration of the two-year period. If no building permit has been issued within that period or any extended period, a new application must be submitted to the Planning Board for a site development plan approval. This provision is intended to and does amend § 274-a of the Town Law, as last amended by Chapter 458 of the Laws of 1997, in its application to the Town of Highlands.
G.
Amendment to a approved site development plan. An application for an amendment of any approved site development plan for a site which has received prior final site development plan approval may be processed in accordance with the preceding provisions. An amendment is only required where the modifications or changes have a material and substantial impact on the balance of the site development plan and functioning of the development.
[1]
Editor's Note: This ordinance also provided for the repeal of original § 30.85, Building permits; site plan procedure and standards.