Marbletown City Zoning Code
ARTICLE V
Area and Bulk Regulations
§ 200-19 Purpose.
In order to provide adequate open space for access of light and circulation of air, to facilitate the prevention and fighting of fires, to prevent undue concentration of population, and to lessen congestion on streets, no building or premises shall be erected, altered or used except in accordance with the standards set forth in this article.
§ 200-20 Density Control Schedule.
[Amended 9-12-1990 by L.L. No. 1-1990; 10-17-2006 by L.L. No. 2-2006; 12-15-2015 by L.L. No. 3-2015; 8-1-2017 by L.L. No. 5-2017]
The following schedule of density control regulations is hereby adopted and declared to be a part of this chapter and is hereinafter referred to as the "Density Control Schedule."
Zoning District | Minimum Lot Dimensions | Required Minimum Yard Setbacks (feet) | Maximum Lot Coverage Including All Accessory Buildings | Maximum Building Height | |||||
|---|---|---|---|---|---|---|---|---|---|
Residential | Nonresidential | ||||||||
Minimum Lot Area Per Dwelling Unit (acres) | Minimum Lot Width (feet) | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Front1 | Side | Rear | |||
A-4 | 4 | 250 | 40,000 | 125 | 40 | 30 | 30 | 30% | 35' |
A-3 | 3 | 200 | 40,000 | 125 | 40 | 30 | 30 | 30% | 35' |
A-2 | 3 | 175 | 40,000 | 125 | 40 | 30 | 30 | 30% | 35' |
R-1 | 3 | 125 | 40,000 | 125 | 40 | 30 | 30 | 30% | 35' |
R-22 | — | — | — | — | — | — | — | — | — |
R-33 | 1 | 125 | 15,000 | 110 | 40 | 30 | 30 | 30% | 35' |
SR | 1 | 125 | 40,000 | 125 | 40 | 30 | 30 | 30% | 35' |
B-1/E | 1 | 125 | 10,000 | 75 | 20 | 12 | 30 | 30% | 3 1/2 stories |
B-1/N | 1 | 125 | 40,000 | 200 | 40 | 30 | 50 | 20% | 2 1/2 stories |
B-2 Residential | 1 | 125 | N/A | N/A | 40 | 30 | 30 | 30% | 35' |
B-2 Nonresidential | N/A | N/A | 40,000 | 200 | 50 | 30 | 50 | 20% | 2 1/2 stories |
I-14 | Not permitted | 40,000 | 200 | 40 | 30 | 30 | 10% | 25' | |
I/B5 | 1 | 125 | 40,000 | 100 | 40 | 30 | 30 | 30% | 3 1/2 stories |
NOTES: | ||
1. | The required front yard setback shall be measured as follows: | |
a. | For public streets, roads and highways, the required front yard shall be measured from the edge of the abutting right-of-way, except that where such public right-of-way or street is less than 50 feet in width, the required front yard shall be measured from a line 25 feet from and parallel to the center line of the abutting street or right-of-way. | |
b. | For private rights-of-way, private roads, or shared driveways, the required front yard shall be measured from a line 10 feet from and parallel to the center line of such right-of-way, private road or shared driveway. | |
2. | The R-2 District is not mapped at this time. | |
3. | In subdivisions containing four or more lots, the minimum lot size per dwelling unit or use in the R-3 District may be reduced to 3/4 acre, provided that the residence or use is served by and connected to a community water system that has been approved by the Ulster County Health Department, except as modified by § 200-48. | |
4. | An I-1 District may be established in an A District, provided there is an amendment to the Zoning Map in accordance with provisions of § 200-40 of this chapter. | |
5. | Existing legally permitted structures that do not meet the setbacks for existing buildings shall require no variance unless additions are proposed. | |
§ 200-21 Corner lots.
Wherever a side or rear yard is adjacent to a street, the standards for front yards shall apply.
§ 200-22 Exceptions to yard requirements.
B.
Any open or enclosed porch or carport shall be considered a part of the building in the determination of the size of the required yard or lot coverage.
C.
Accessory uses not enclosed in a building shall not be located in a required front or side yard but may be located in a required rear yard, subject to the provisions of § 200-34.
D.
Sheds and similar accessory structures which are used only for storage or other passive use may be located in the required side or rear yard, subject to the following conditions:
(1)
The structure shall have a floor area of 150 square feet or less and a maximum height of 12 feet.
(2)
The structure shall be located at least 10 feet from any property line and shall be no closer to the abutting street or public right-of-way than the principal structure on the lot.
(3)
Such structure shall not be used for automobile storage or as a workshop and shall not house any otherwise permitted home occupation.
§ 200-23 Height exceptions.
[Amended 7-8-1998 by L.L. No. 2-1998]
District building height regulations shall not apply to flagpoles, radio or television antennas, transmission towers or cables, spires or cupolas, chimneys, elevator or stair bulkheads, penthouses, parapets or railings, water tanks or cooling towers, or any similar structures, provided that such structures in their aggregate coverage occupy no more than 10% of the roof area of the building. Barns and silos may exceed the height limitations of this chapter, provided that for each one foot each barn or silo exceeds the height of 35 feet the minimum yard requirements shall be increased by one foot, but in no case need exceed 100 feet. District building height regulations shall not apply to commercial telecommunications service facilities.
§ 200-24 Supplementary lot area and density requirements.
[Amended 9-12-1990 by L.L. No. 1-1990; 12-15-2015 by L.L. No. 3-2015; 10-30-2017 by L.L. No. 7-2017]
A.
In any zoning district where one-family dwellings are permitted, a total of three or fewer such dwellings may be permitted on a single lot subject to the following conditions and procedures:
(1)
Each dwelling shall be situated so that it could be located on a separate lot which complies with all standards set forth in the Density Control Schedule[1] (lot area, lot width and setbacks) for the zoning district in which the property is located, except notwithstanding the foregoing, each dwelling in an R-3 zoning district, must comply with all the standards set forth in the Density Control Schedule for the R-1 zoning district.
(2)
In no case shall more than three one-family dwellings or three dwelling units be permitted on the same lot. For purposes of this section, an accessory apartment as defined in § 200-13 is considered a dwelling unit.
(3)
Building permits for up to three one-family dwellings may be issued if, during review of a plot plan under § 200-66, the CEO determines that the proposed one-family dwellings meet the following criteria:
(a)
The plot plan for the new one-family dwelling(s) conforms to the requirements in the Density Control Schedule and, in the R-1 and R-3 Districts, also complies with the requirements of § 280-a of the New York State Town Law regarding access to approved or mapped streets.
(b)
Septic and well locations for each dwelling are delineated and comply with Ulster County Department of Health requirements;
(c)
No wetlands designated by the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers, as identified by recognized published sources, are located within 100 feet of the proposed house site;
(d)
Existing and proposed access roads or driveways and to serve any existing or new one-family dwelling shall be approved, in writing, by the appropriate highway department and appropriate fire department;
(4)
Procedure: Within 15 days of receipt of a complete application and a plot plan the CEO shall make a determination as to whether the proposal satisfies the standards set forth in Subsection A(3) above. If so, the CEO may issue building permits as appropriate. In the event that the CEO determines that one or more of the above standards is not satisfied, the CEO, with the consent of the applicant, may forward the application to the Zoning Board of Appeals for consideration of an area variance. In the event that the CEO determines that additional expertise is required to complete the review, the CEO shall forward the application and all supporting materials to the Planning Board for site plan approval. In order to expedite review, the "Planning Board, at the request of the applicant, may waive such information as it deems not relevant to its review or which would cause unusual hardship to obtain," as set forth in § 200-68E.
B.
A residential lot of required or larger than required size as set forth in this chapter shall not be reduced in size for transfer of ownership if such lot so subdivided will form two or more lots which shall not be in compliance with the requirements for the minimum lot area per dwelling unit for the district in which such lot or lots are situated, except as provided in § 200-60D.
C.
In a residential district, where a residential use and a permitted nonresidential use, other than a home occupation, are located on the same lot, the required lot area shall be the sum of the minimum required lot area for each use as set forth in the Density Control Schedule.[2]
D.
In a B-1, B-2 or SR District, where permitted residential and business uses are located in the same existing structure, the required lot area shall be waived, conditioned on the finding that the septic system and water supply are adequate and the required parking for all the uses can be met. If not, the intensity of the individual uses may be reduced until septic, water and parking can be met.
E.
In a B-1, B-2 or SR District, where permitted residential and business uses are located in separate, existing structures, the required lot area shall be waived conditioned on the finding that the septic system and water supply are adequate and the required parking for all the uses can be met. If not, the intensity of the individual uses may be reduced until septic, water and parking requirements can be met.
F.
Lot area requirements for business uses shall be based on the total floor area proposed to be used for such purposes, regardless of the number of individual businesses proposed.
G.
Exclusions. Notwithstanding any other provisions in § 200-24 above, more than one structure may be located on a single parcel in the case of uses such as multi-unit housing, commercial uses, industrial parks and similar uses which are planned, built and operated as one integral development with shared parking areas, utility systems and management. Site plan approval and/or issuance of a special use permit may be required depending on the specific use.
§ 200-25 Side yards for semidetached and attached dwellings.
Side yards for semidetached and attached dwellings shall be required at the ends of the total structure only.
§ 200-26 Distance between principal buildings on same lot.
No detached principal building shall be closer to any other principal building on the same lot than the average heights of said buildings.
§ 200-27 Temporary structures.
[Added 9-12-1990 by L.L. No. 1-1990]
A.
Applicability. The following regulations shall apply to all tents, canopies and similar temporary structures which are erected to house a commercial use or which are intended to remain in place for more than 72 hours or which are erected more than three times in any calendar year, except as exempted below. Any temporary structure with a ground area of less than 150 square feet used for storage, camping or occasional residential use is exempt from these regulations so long as it complies with § 200-22, Exceptions to yard requirements.
B.
Standards.
(1)
A temporary structure shall only be used for a use permitted in the district in which it is located.
(2)
A temporary structure, except those exempt under Subsection A above, shall comply with the setback requirements of the district in which it is located.
(3)
Any temporary structure used for commercial or business purposes shall provide off-street parking in accordance with § 200-39. The Planning Board may waive the requirement that all or a portion of such spaces be paved based on the nature and duration of the temporary use.
(4)
No temporary structure shall remain in place for more than 30 consecutive days or 90 days total in any calendar year.
C.
Procedures.
(1)
An application for a permit to erect a temporary structure shall be submitted to the Code Enforcement Officer for review and approval.
(2)
If the use would require site plan approval from the Planning Board, the application shall be referred to the Board for appropriate action prior to issuance of any permit.
§ 200-28 Compliance with § 280-a of the New York State Town Law.
[Added 1-6-2009 by L.L. No. 2-2009]
All lots shall comply with all applicable provisions set forth in § 280-a of New York State Town Law. Section 280-a of the New York State Town Law is summarized here in part and the Town refers the reader to the State of New York Statutes for the complete text to ensure compliance with all provisions:
A.
A permit may not be issued for the erection of a building unless access to such building is provided via a street on the Town of Marbletown’s Official Map or Plan, or if there is no such Official Map or Plan, by a public street, or a street on an approved plat, or a street on a plat filed prior to the establishment of the Town’s Planning Board and the grant to such Board of the power to approve plats.
B.
"Access" in § 280-a means that the lot on which the structure is proposed directly abuts on the street or highway and has sufficient frontage thereon to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles, and, a frontage of 15 feet shall presumptively be sufficient for that purpose.
C.
Pursuant to § 280-a, Subdivision 4, the above provisions do not apply in the Town’s A-3 and A-4 Zoning Districts as the Town of Marbletown has designated these districts as an "open development area." The Marbletown Town Board has the jurisdiction to establish other open development areas in the future.