Lloyd City Zoning Code
ARTICLE IV
District Regulations
§ 100-12 Allowable uses.
A.
The allowable uses in each zoning district are set forth in the Use Table, which appears at the end of this chapter. This schedule is complemented, as appropriate, by other provisions of this chapter. Uses that are not listed are prohibited. The meaning of the symbols in the Use Table is as follows:
Symbol | Meaning | |
|---|---|---|
P | A use permitted by right | |
SP | A use allowed by special use permit | |
* | Indicates that site plan approval is required | |
— | A prohibited use |
C.
Permitted accessory uses.
(1)
In all districts: any accessory building or use customarily incident to a permitted use, provided that such accessory building or use shall not be located in a front yard.
(2)
In the GB District: outdoor storage of goods, wares or merchandise for retail sale, provided that it shall be set back from the front lot line 25 feet, with the exception of motor vehicle sales, which shall be set back a minimum of 15 feet. Any other storage of goods, wares or merchandise for wholesale use or used in connection with the operation of a business or trade not in retail shall be subject in all respects to all setback provisions.
(3)
In the W-G District, the display or storage of goods, wares, merchandise or supplies outside of any building or structure shall be prohibited with the exception of a retail business, which may be permitted to have a display of store merchandise on its sidewalk frontage or in a front courtyard during business hours as long as such display does not interfere with pedestrian circulation.
[Added 6-19-2013 by L.L. No. 4-2013]
§ 100-13 Area and bulk regulations.
A.
The general area and bulk regulations in each zoning district are set forth in the Dimensional Table, which appears at the end of this chapter.
B.
This table is supplemented, as appropriate, by other provisions of this chapter.
C.
Buildable acreage.
(1)
Permissible residential density for any parcel shall be based upon the parcel's buildable acreage. The applicant shall demonstrate the buildable acreage by subtracting from the total (gross) acreage of the proposed development parcel(s) the acreage of "unbuildable natural features."
(2)
Unbuildable natural features consist of wetlands and any required one-hundred-foot adjacent areas, water bodies, watercourses, lands within a FEMA-delineated one-hundred-year floodplain, cemeteries, steep slopes (2,000 square feet or more of contiguous sloped area at least 10 feet in width), and acreage subject to a long-term easement that expressly prohibits development. In addition, a fifteen-percent allowance for roads, drainage features, and lot shape irregularities shall be deducted from the unconstrained acreage. Permissible residential density shall be based on the amount of acreage that remains after deducting the acreage of unbuildable natural features and the roadway/drainage allowance.
(3)
The Planning Board's determination as to permissible density shall be based on a certified survey of the parcel(s) and delineation of the unbuildable natural features by a licensed land surveyor and by a tabular presentation by the land surveyor of the gross site acreage and each of the subtracted land areas set forth above.
§ 100-14 Flag lots.
A.
Flag lots, as defined in § 100-8 of this chapter, may be authorized as conforming lots only for single-family detached residential uses and are allowed in any residential district except where central water and/or sewer facilities are available or are proposed. Such lots may be approved only where the Planning Board finds that they will not endanger public health and safety, will not increase the otherwise allowable density of development, will provide an alternative to the development of new Town roads, will not conflict with existing residential or agricultural uses, and will result in the preservation of natural and scenic resources together with compliance with the following:
(1)
To allow adequate area for buffering between the flag lot and the conforming lot, the lot(s) furthest from the road frontage shall have an increased front yard setback to 60 feet and the house location on the lots shall be offset, to the left or the right, the width of the house closer to the road frontage plus 15 feet. The area of the accessway (i.e., the "flag pole") shall not be included in the calculation of the required minimum lot area for the flag lot.
[Amended 6-8-2011 by L.L. No. 2-2011]
(2)
Each flag lot shall have a minimum lot frontage of 25 feet on a state, county, or Town road to provide for an accessway as required by these regulations, and such frontage shall include adequate dry land area with topographic conditions suitable for driveway access. No portion of a flag lot shall be less than 25 feet in lot width, nor shall the required lot width of the original lot be reduced to less than the minimum required by this Zoning Law. No frontage of a flag lot shall exceed 75 feet in width.
(3)
Except for Subsections A(1) and (2) herein, flag lots must meet all other requirements for a lot in the applicable zoning district, and at no time shall a substandard lot be created by these flag lot regulations. For purposes of determining front yard setbacks, the front yard shall be the yard area lying between the flag lot's principal building and the front lot's rear property boundary as shown on the sketch below:
 |
(4)
For subdivisions of four or fewer lots, only one flag lot shall be permitted. For subdivisions of more than four lots, a total of two lots may constitute flag lots.
(5)
Any approved plat containing flag lots shall contain a note stating that no further subdivision of the flag lot(s) shall be permitted.
(6)
The Planning Board may require that the subdivision plat show the limits, on the flag lot, of the area within which the house and driveway may be constructed. In such cases, the location of the house and driveway within such area shall be assured through a legally binding restriction.
(7)
The accessway shall be owned in fee simple by the owner of the flag lot.
(8)
Driveway standards. The Town's driveway standards shall be met to assure adequate access for emergency services.
§ 100-15 Regulations applicable to all districts.
The following regulations shall apply in all districts:
A.
Buildings, uses and lots.
(1)
Lot. Every building hereafter erected shall be located on a lot as herein defined.
(2)
Required street frontage. No certificate of compliance or certificate of occupancy shall be issued for any land use or structure unless the lot upon which such land use is to be established or structure is to be built has the required frontage on a street or highway as defined herein, which street frontage provides vehicular access to such land use or structure and which street or highway shall have been suitably improved to the satisfaction of the Planning Board.
(3)
Yard and open space for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building. No yard or other open space on one lot shall be considered as a yard or open space for a building on any other lot.
(4)
Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards, setbacks, and other required spaces in connection therewith, and no permit shall be issued for the establishment of a land use or the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
(5)
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Planning Board shall determine how the requirements shall be applied, unless it appears that a variance is required, in which case the Zoning Board of Appeals shall make such determination.
(6)
The use of modular homes, as that term is defined herein, for single-family dwellings is allowed in all residential districts as provided for in the New York State Building and Fire Code. Manufactured homes, as that term is defined herein, are only permitted in the A and TR-1 and TR-1/2 Districts. In the TR-1 and TR-1/2 Districts, one manufactured home may be located on any individual lot that is not part of an approved manufactured home park, provided that such lot complies with all normal area and dimensional requirements for the TR-1 District. In the A District, manufactured homes are permitted only as an accessory use to agriculture.
[Amended 9-8-2010 by L.L. No. 13-2010]
(7)
Camping trailers and travel trailers. On residential parcels, a maximum of one camping trailer or one travel trailer may be parked or stored per lot, provided that it is not parked or stored in a front yard and provided that no living quarters shall be maintained nor any business conducted in connection therewith while such trailer is so parked or stored on the lot. Recreational vehicles for dwelling purposes are not permitted in any district.
(8)
Commercial vehicles. On residential parcels, a maximum of one commercial vehicle with a gross weight of 10,000 pounds (five tons) or less may be parked or stored per lot, provided that it is not parked or stored in a front yard. See "commercial vehicle" under Definitions.[1]
[Amended 6-8-2011 by L.L. No. 2-2011]
(9)
Odorous matter. No land use shall be permitted which emits any discernible odor outside the building in which the use is conducted with the exception of restaurants and other places serving food and beverages so long as such exceptions are conforming uses in respect to the Town of Lloyd Code and all New York Department of Health, Ulster County Department of Health, or New York State Department of Environmental Conservation requirements.
(10)
Dumpsters, garbage cans, and other refuse containers shall not be permitted to be placed in the front yard on any lot except for the 16 hours prior to and 24 following refuse pickup. All refuse containers of any kind shall be set back or screened from the neighboring properties, public spaces, and roadways in such a manner to sufficiently block them from view.
[Added 6-8-2011 by L.L. No. 2-2011]
(11)
No excavation shall occur on any property that does or might impact neighboring properties, unless the edge of excavation shall have such protection against erosion or settling so as to protect the neighboring properties.
[Added 6-8-2011 by L.L. No. 2-2011]
(12)
Yard/garage sales.
[Added 6-8-2011 by L.L. No. 2-2011]
(a)
Garage sales must be conducted on the premises of a single-family or multifamily dwelling.
(b)
At least one seller shall be a resident of the premises or an authorized agent of the estate at which the garage sale is conducted. The sale of goods shall be limited to those items belonging to the seller conducting the sale which were acquired by the seller for his or her own use, whether or not such goods were actually used by the seller. Garage sales shall not include goods, new or used, specifically acquired by the seller for resale.
(c)
No more than three garage sales shall be conducted at the same premises or by the same person in any one twelve-month period.
(d)
Garage sales shall be no longer than three consecutive days.
(e)
Garage sales shall only be conducted between 8:00 a.m. and 6:00 p.m.
(f)
The person conducting the garage sale shall be responsible for the maintenance of good order during the hours of the sale.
B.
Yards, yard improvements, building projects and setbacks.
(1)
Patios. A paved patio shall not be considered in the determination of building coverage or yard requirements; provided, however, that such patio is without roof, awnings, screens, walls, parapets or other forms of enclosure. Such patio, however, may have a guard railing or open fence, but such patio shall not project into any yard to a point closer than five feet from any lot line.
(2)
Porches. No porch may project into any required setback. Any two-story or any enclosed porch, or one having a roof and capable of being enclosed, shall be considered a part of the building in determining the yard requirements for amount of building coverage.
(3)
Projecting horizontal architectural features. Architectural features, such as windowsills, belt courses, chimneys, cornices, eaves or bay windows, may project not more than three feet into any required setback. The sum of any bay window projections or any wall shall not exceed 1/4 the length of said wall.
(4)
Fire escapes. Open fire escapes may extend into any required setback not more than five feet.
(5)
Height exceptions.
(a)
The height limitations of this chapter shall not apply to flagpoles, church spires, belfries, cupolas and domes not used for human occupancy, nor to chimneys, ventilators, parapets, skylights, water tanks, bulkheads or similar features, radio and television receiving antennas for the use of residents of dwellings in apartments, and necessary mechanical appurtenances usually carried above the roof level. Such a feature, however, shall be erected only to a height necessary to accomplish the purpose it is intended to serve, but in no case more than 15 feet above its lowest point of contact with the roof. The total area covered by such features shall not exceed in cross-sectional area 15% of the area of the section of roof upon which they are located. Such features as water tanks, cooling towers and bulkheads shall be enclosed within walls of material and design in harmony with the main walls of the building on which they are located.
(6)
Parapet walls. A parapet wall may extend no more than five feet above the roof of the building on which it is located, nor more than five feet above the height limit for the district in which it is located.
(7)
Walls and fences.
(a)
It shall be unlawful to construct or commence the construction of a wall or fence without first filing with the Code Enforcement Officer an application, in writing, and obtaining a formal permit.
(b)
No wall or fence consisting of woven wire, woven board, picket board, cultivated or natural growth of shrubs or trees, or any other material shall exceed six feet in height. However, if such wall or fence shall be erected along any road or highway, the permitted height thereof shall not exceed 2 1/2 feet at any point within a radius of 30 feet from the corner formed by any intersecting roads or highways. All front and corner heights shall be measured from the natural grade.
(c)
A wall or fence on any lot line of a parcel of one acre or more in size with at least 150 feet frontage or on lot lines between business- and residential-zoned property may exceed the maximum height allowed herein up to a maximum of eight feet, but only by review and approval of the Planning Board.
(d)
In any zoning district, all walls and fences shall have the face of the wall or fence directed toward the abutting property.
(e)
In all conflicts of interpretation of side line or rear line, the height of the wall or fence applicable shall be the lower height allowed.
(8)
Visibility at intersections. On any corner lot, no building, fence, wall, hedge or other structure or planting more than 2 1/2 feet in height shall be erected, placed or maintained within the triangular area formed by the intersection street lines and a straight line joining said street lines at points which are 30 feet distant from their point of intersection, measured along said street lines. The height of 2 1/2 feet shall be measured above the road surface at the nearest edge of the pavement. This section shall not apply to existing trees, provided that no branches are located closer than six feet to the ground.
(9)
Agriculture. Agriculture, as specifically defined in § 100-8 of this chapter, shall be permitted in the A, R-1/4, R-1/2, R-1, and R-2 Districts, provided that the following criteria are met:
[Amended 9-8-2010 by L.L. No. 13-2010]
(a)
Buildings or structures for the storage of any farm equipment and for permitted fowl or livestock shall be located not less than 50 feet from any lot line, nor, except in the A District or where the farm operation precedes the residential use, within 200 feet of the nearest neighboring residential structure. No fenced area for such fowl or livestock, except in the A District or where the farm operation precedes the residential use, shall be closer than 100 feet to an existing neighboring residential structure.
(b)
The storage of manure or other dust- or odor-producing substances shall be adequately screened from the view of adjacent properties and located not less than 100 feet from any lot line, stream or other water body, or well providing a source of potable water, nor within 200 feet of the nearest neighboring residential structure.
(10)
Animal husbandry. Animal husbandry shall be permitted in the A, R-1 and R-2 Districts, provided that:
[Amended 6-8-2011 by L.L. No. 2-2011]
(a)
In R-1 and R-2 Districts (These requirements shall not apply in A Districts.):
[1]
Animal husbandry shall be for personal use only.
[2]
The lot shall be a minimum of five acres in size.
[3]
A minimum twenty-five-foot buffer shall be provided on all sides of the lot boundaries.
[4]
Fences or corrals must be a minimum of 25 feet from all lot boundaries.
[5]
The following schedule shall be adhered to: one horse per two acres; or one cow per two acres; or one sheep per acre; or one goat per acre; or a 36 total of any combination of 12 fully grown chickens, ducks, geese or other fowl or birds of any type per acre. Roosters are forbidden in R zones.
(11)
Agricultural buffers. Recognizing the potential incompatibility of certain agricultural procedures and residential development, the following provisions shall be adhered to:
(a)
Buffers adjacent to actively farmed lands within a New York State certified agricultural district shall be established in new residential subdivisions and other nonfarm uses. The buffer area as part of the new residential or other nonfarm use shall consist of an enhanced setback of at least 50 feet and, at the discretion of the Planning Board, up to 100 feet depending on the type of agriculture or farm use, the topography, and the proposed design of such buffer. Appropriate landscaping and/or vegetative screening shall be established and maintained on such buffers. Such buffer and its standards shall be noted on any approved subdivision plat or site plan.
(b)
The deeds of new residential units located partially, wholly or within 500 feet of either a New York State certified agricultural district or land for which an individual commitment has been received pursuant to § 305 or 306 of the Agriculture and Markets Law of the State of New York shall contain references to notes that shall be placed on the subdivision plat and/or site plan relative to the hazards and nuisances (noise, odors, dust, hazardous chemical use, etc.) to which residents of such dwelling unit willingly subject themselves, pursuant to Chapter 58 of the Town of Lloyd Code.
(12)
Business buffer. Along all lot boundaries where a business or industrial use adjoins a residential district, a dense vegetative buffer area shall be established and maintained on the business or industrial property as set forth in the Dimensional Table found in § 100-13[2] and in full compliance with the following standards:
[Amended 10-21-2020 by L.L. No. 4-2020]
(a)
It shall be planted with evergreen plantings of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will screen the activities on the lot from the adjoining residential area.
(b)
The plan and specifications for such planting shall be filed with the approved plan for the use of the lot.
(c)
Required planting shall be properly maintained throughout the continuance of the use on the lot.
(d)
At the discretion of the Planning Board, a wall or fence of location, height and design approved by the Planning Board as providing equivalent screening may be substituted for the required planting.
[2]
Editor's Note: The Dimensional Table is included at the end of this chapter.
(13)
The lowest portion of any overhead obstruction shall be at least seven feet above sidewalk/grade level.
C.
Driveways. For reasons of traffic safety both on and off the street, as well as to provide for possible future road widening or other improvements, all new driveways entering onto any street shall comply with all requirements of § 89-19M and shall be subject to the approval of the Code Enforcement Officer, except where such are part of a use subject to site plan or special use permit approval.
§ 100-16 Regulations applicable to accessory buildings and structures in residential districts.
The provisions of this chapter applying to residential districts shall be subject to such exceptions, additions or modifications as are herein provided by the following regulations applicable to accessory buildings and structures:
A.
Location.
[Amended 6-8-2011 by L.L. No. 2-2011]
(1)
No accessory building shall be located within a front yard.
(2)
An accessory building with a gross floor area less than 250 square feet may be located within and/or outside the parameters of the required side yard setback or required rear yard setback, provided that such accessory building shall be set back five feet from any lot line, and all such accessory buildings, in the aggregate, shall not occupy more than 30% of the area of the required rear or side yard. Accessory buildings larger than 250 square feet must comply with the setbacks of the zone in which they are located.
B.
Swimming pools. Swimming pools shall be permitted, provided that such structures are not located in a front yard and shall be set back five feet from any lot line in the R-1/4, R-1/2, and CB Districts, and shall be set back 10 feet from any lot line in all other districts. Swimming pools shall be fenced as required by the New York State Uniform Fire Prevention and Building Code.
§ 100-17 Nonconforming uses, structures and lots.
A.
Continuing existing uses. Except as otherwise provided herein, the lawfully permitted use of land or structures existing at the time of the enactment of this chapter may be continued although such use does not conform to the standards specified by the chapter for the zone in which such land or building is located. Said uses shall be deemed "nonconforming uses."
B.
Nonconforming uses of land. Where no structure is involved, the nonconforming use of land may be continued; provided, however, that:
(1)
No such nonconforming use shall be enlarged or increased, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the enactment of this chapter, unless specifically allowed by other provisions in this chapter.
(2)
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the enactment of this chapter.
(3)
If such nonconforming use of land, or any portion thereof, ceases for any reason for any continuous period of more than 180 days, or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter.
C.
Nonconforming uses of structures.
(1)
Expansion. A structure, the use of which does not conform to the use regulations for the district in which it is situated, may be extended; provided, however, that as to such extension, all of the requirements as to distance from highways and lot lines as provided by this chapter for such structure in the zone for which such nonconforming use would be a conforming use or in the zone in which such structure is located, whichever requirements are greater, must be complied with, and that the extent of such expansion, whether occurring as a single expansion or as the aggregate of two or more smaller expansions, does not exceed 50% of the gross floor area of the structure dedicated to the nonconforming use at the time of the enactment of this chapter, and that the nonconforming intensity of use will not be increased with respect to traffic usage, amount of effluent, noise, lights, odors, hours of operation, or other environmental impacts.
(2)
Modifications. A nonconforming structure shall not be structurally altered to an extent greater than 50% as determined by the Code Enforcement Officer unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming structure in sound condition shall be permitted, and provided further that any such nonconforming use may be extended throughout any parts of the structure which were manifestly arranged or designed for such use at the time of the enactment of this chapter.
(3)
A nonconforming use of a structure may be changed only to a conforming use, not to another nonconforming use.
(4)
If any nonconforming use of a structure ceases for any reason for a continuous period of more than one year or is changed to a conforming use, or if the structure in or on which such use is conducted or maintained is moved for any distance whatever, for any reason, then any future use of such structure shall be in conformity with the standards specified by this chapter for the district in which such structure is located.
(5)
If any structure in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such structure was located, and the subsequent use of any structure thereon, shall be in conformity with the standards specified by this chapter for the zoning district in which such land or structure is located.
(6)
Notwithstanding the above requirements, a trailer or manufactured home which legally exists as a nonconforming use and is used as the principal residence of a family may be removed or replaced with another manufactured home, provided that the Code Enforcement Officer determines that such replacement trailer or mobile home is of better quality and otherwise in a more safe and healthful condition than the existing one, and that such replacement trailer or mobile home complies with all other applicable structural and Health Department requirements, and other zoning requirements such as area coverage and setback requirements.
[Amended 6-8-2011 by L.L. No. 2-2011]
D.
Nonconformity other than use. A structure that is conforming in use but which does not conform to the height, yard, land coverage, parking or loading space requirements of this chapter shall be considered to be a legal nonconforming structure within the meaning of this section. No certificate of compliance shall be issued that will result in the increase of any such nonconformity.
E.
Restoration of damaged structures. If any nonconforming structure shall be destroyed by any means to an extent of more than 50% of the structure footprint, no repairs or reconstruction shall be made unless such structure is made to conform to all the requirements of this chapter for the district in which it is located. However, the above restriction shall not apply to any structure listed on the National Register of Historic Places or that is eligible for the National Register or that is designated an "historic structure" by the Town Board or that has been surveyed as an historic resource by the New York State Office of Parks, Recreation and Historic Preservation, if such structure is restored to its original condition. Where the destruction of such nonconforming structure is less than 50% it may be restored and the nonconforming use continued, provided that the total cost of such restoration does not exceed the replacement value of the destroyed portion of the structure at the time of its destruction, and further provided that such restoration is started within a period of six months of such destruction and is diligently prosecuted to completion. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall declared to be unsafe by the Building Inspector.
F.
Nonconforming lots of record.
(1)
Any lot of record which does not comply with the area or dimensional standards of this chapter but which is a legal lot of record filed in the Office of the County Clerk prior to the effective date of adoption or amendment of this chapter shall be deemed a legal nonconforming lot and may be used for any principal use permitted in the zoning district in which the lot is located, provided that for any use which is to be served by an individual well and/or septic system, the nonconforming lot shall be of a size and design to meet the minimum requirements of the Ulster County Department of Health for such wells and septic systems.
(2)
Such a nonconforming lot shall not be further reduced in area or frontage, and if it is subsequently combined with other land in such a way as to reduce or eliminate the nonconformity, it shall not again be subdivided except in conformance with the dimensional requirements for new lots in the zoning district in which the property is located.
(3)
Setbacks for nonconforming lots of record shall comply with setbacks of the zoning district unless variances are granted by the Zoning Board of Appeals. A building permit for construction on a vacant nonconforming lot shall only be issued after the granting of any necessary variances by the Zoning Board of Appeals.
(4)
If a nonconforming lot is in common ownership with abutting lands, the contiguous lots shall be considered a single parcel of land for purposes of site plan, subdivision, and/or special use permit applications, unless the parcel is resubdivided to conform to the dimensional requirements for new lots in the zoning district in which the property is located.