Maybrook City Zoning Code
ARTICLE IV
Supplementary Regulations
[Amended 6-13-1983 by L.L. No. 2-1983; 7-8-1985 by L.L. No. 5-1985; 6-8-1987 by L.L. No. 3-1987; 10-11-1988 by L.L. No. 6-1988; 10-8-1993 by L.L. No. 4-1993; 6-22-2003 by L.L. No. 3-2003; 9-22-2003 by L.L. No. 6-2003; 11-22-2004 by L.L. No. 9-2004; 6-13-2005; 2-12-2007 by L.L. No. 2-2007; 8-10-2009 by L.L. No. 5-2009]
§ 210-9 Placement of accessory buildings and uses.
Placement of accessory buildings and uses, including garages, off-street parking and truck loading spaces, shall be as follows:
A.
In all districts:
(1)
Accessory buildings, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be placed at least 10 feet from the main building.
(2)
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.
(3)
Accessory buildings, including private garages, shall not be placed within a required front yard, nor within a required side yard.
(4)
An access driveway may be located within a required yard.
(5)
Required accessory off-street parking area or truck loading space shall not be encroached upon by buildings, open storage or any other use.
(6)
The storage of manure or odor- or dust-producing substances as accessory uses shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.
B.
In Residential Agriculture and Residence Districts:
(1)
Accessory off-street parking areas shall not be placed within a required front yard, nor within a required side yard.
C.
In nonresidential districts:
(1)
Accessory off-street parking areas may be placed within required front, side or rear yards.
D.
In the Multi-Family (RM-1) District:
(1)
An access driveway located in the front yard of a single-family attached residential dwelling unit may not exceed 12 feet in width at any point between the front wall of the dwelling and the public street.
(2)
There shall be no accessory off-street parking permitted for a single family, attached residential dwelling unit except on the access driveway as limited in § 210-9D(1) above.
(3)
No parking of vehicles and trailers may occur in the front yard of a single-family attached residential dwelling except on the paved access driveway.
(4)
Multifamily structures and single-family attached dwellings that have common areas designated by site plan for off-street parking rather than providing individual parking areas and access driveways for each individual dwelling unit are not subject to Subsection D(1), (2) and (3) of this section.
§ 210-10 Accessory antennas.
Accessory antennas shall not be located, installed, constructed or maintained on any lot, building or structure except when in compliance with all of the following requirements:
A.
Location. No antenna shall be located in any portion of a front yard nor be closer to any lot line than the minimum distance established for accessory structures for the district. An antenna may be excluded from side yards if it is determined to be substantially visible from a street.
B.
Materials. No antenna shall be brightly colored or otherwise obtrusive, but shall be colored to conform to the surrounding areas and buildings.
C.
Screening. All antennas shall be reasonably located and if on the ground, screened to minimize visibility from streets and the surrounding properties by using fencing, earth berms, landscaping or architectural features.
D.
Other requirements.
(1)
No more than two antennas shall be located on any building, structure or lot in any residential district or within 100 feet of any residential district line or residential use in nonresidential districts.
(2)
Roof-mounted antennas shall not exceed the weight limits for structural support for the roof contained in the Uniform Fire Prevention and Building Code.[1] A special permit shall be required for any antenna which has a component in excess of four feet in diameter or four feet in width, is located outside of the rear yard, is mounted on any roof, building or structure or does not conform to all the requirements set forth above. No permit for the installation of any antenna shall be issued or application deemed complete until a detailed design has been submitted to the Building Inspector showing and justifying the location, elevations, weight support capacity and screening. The Building Inspector may request additional data if deemed necessary. The Planning Board may grant a special permit for the installation of an antenna that does conform to the size, height or materials requirements. In other cases, the Zoning Board of Appeals shall determine that a requested variance from the standards is the minimum necessary to achieve the purposes of the application and that the alternate design meets all other requirements of the law and will not create an adverse visual impact or a nuisance. The applicant shall demonstrate that the location and design of the antenna minimizes the visual impact and noise from all streets and adjacent properties.
[1]
Editor's Note: See Ch. 99, Fire Prevention and Building Construction.
§ 210-11 Lot area, lot coverage and lot width.
In all districts except the B-2 and I-2 Districts, the lot frontage at the street line shall not be less than 40 feet.
§ 210-12 Height.
A.
Nothing herein contained shall restrict the height of the following:
(1)
Agriculture accessory building, such as a barn and silo.
(2)
Church spire, cupola, dome, belfry, block tower or flagpole.
(3)
Chimney flue, elevator or stair bulkhead, water tank, stage tower or scenery loft.
(4)
Radio or television tower, transmission line or tower.
(5)
Similar structures.
B.
No building or structure erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:
(1)
Have a lot coverage in excess of 10% of the lot area.
(2)
Be used for residence or tenancy purposes.
(3)
Have any sign, nameplate display or advertising device of any kind whatsoever inscribed upon or attached to such building or structure.
C.
In an RM-1 Multifamily Residence District:
(1)
No more than two feet of the foundation shall be exposed at the front.
(2)
The height of the building shall not exceed the following at the building line:
(a)
Flat roof: 20 feet.
(b)
Pitched roof: 25 feet.
(3)
No more than two stories shall be permitted.
§ 210-13 Yards.
A.
The following accessory structures may be located in any required front or rear yard:
(1)
Awning or movable canopy not exceeding 10 feet in height.
(2)
Open arbor or trellis.
(3)
Retaining wall fence or stone masonry wall pursuant to § 210-17.
(4)
Swimming pool in rear yard pursuant to § 210-19.
B.
The space in a required front yard shall be open and unobstructed except for structures provided for in Subsection A and the following:
(1)
An unroofed balcony, projecting not more than eight feet into the yard.
(2)
Other projections specifically authorized in Subsections D and E.
C.
Notwithstanding any other provision of this chapter, in an RM-1 Multifamily Residence District, an addition to the rear of an existing attached single-family dwelling with one or more common walls may be erected, and a patio, deck and/or porch in a rear yard may be enclosed, provided that:
(1)
The enclosure shall be attached to the main residence building;
(2)
The enclosure shall not extend more than 15 feet from the main residence building; and
(3)
Side yard requirements are complied with, except that in a townhouse or row house type of dwelling, the enclosure shall be at least 24 inches from each side boundary line.
(4)
Additions to existing single-family attached dwellings in the RM-1 Zoning District that are under construction pursuant to a building permit on the date of enactment of this subsection shall not be subject to this section if the Zoning Board of Appeals determines that such building permit has been issued, and that construction of the addition commenced prior to the enactment of this subsection. The Zoning Board of Appeals may attach conditions to its determination that in its judgment are necessary for the protection of adjacent dwellings. Such conditions may include a suitable setback from a side yard boundary, easements for common walls and a boundary survey.
D.
Every part of a required yard shall be open to the sky unobstructed except for retaining walls and for accessory buildings in a rear yard and except for the ordinary projection of sills, belt courses and for ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.
E.
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 Building Inspector when placed so as not to obstruct light and ventilation.
F.
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
G.
In all Residential Agriculture and Residence Districts, where 25% of the block frontage within 200 feet of a proposed building is already improved with buildings or 25% of the opposite block frontage across the street, the front yard at the front of such proposed building shall be required to exceed the minimum dimension stipulated in this chapter for the district in which it is situated, in cases where the average alignment of the two nearest buildings within such 200 feet, on the same side of the street if 25% improved or otherwise on the opposite side of the street, exceeds such minimum dimension. Such front yard shall extend to such average alignment; provided, however, that in no case shall such front yard be required to exceed by more than 10 feet the minimum required front yard prescribed for the district in which such proposed building is situated. The provisions of this section shall not apply to the required side yard on the street side of a building on a corner lot.
§ 210-13.1 Street trees; buffer and landscape plantings.
A.
All site plan, special permit and subdivision applications shall include a landscape plan that shall, at a minimum, detail all street trees and plantings to be included for the project, including all trees and plantings as required below.
(1)
Street trees.
(a)
The Planning Board shall require, as a condition of approval, the planting of street trees, outside of the street right-of-way, on all lots fronting on existing and new streets, except to the extent that such trees will adversely impact traffic safety or interfere with the proper function of public utilities. This requirement may be waived in wooded areas to the extent that there exist healthy trees of the same minimum quantity and size as those required by the Village. On newly created lots having frontage on more than one road, the street tree planting requirements shall apply to any portion of such lots that abut new and existing roads.
(b)
Street trees shall be planted a minimum of 40 feet on center. Alternatively, the Planning Board may approve street trees planted in a varied, more informal spacing, provided that the number of trees planted equals the number that would otherwise result from the forty-foot spacing requirement. Trees shall be a minimum of 2 1/2 to three inches in diameter and with such height as appropriate for the species of tree and layout of the development.
(2)
Buffer plantings.
(a)
Plantings deemed necessary by the Planning Board to buffer certain uses or mitigate certain environmental impacts shall be placed in such locations as directed by the Planning Board, including, but not limited to, the following:
[1]
Where a residential use abuts a nonresidential use, state highways or railroad tracks.
[2]
Where it is necessary or advisable to mitigate the adverse impacts of vehicular traffic or lighting.
(b)
Buffer plantings shall be placed in a double staggered row and may consist of a mix of evergreen, or other appropriate trees, and shrubs. At least one row of plantings shall be evergreen trees that are at least eight feet in height. The Planning Board shall determine the necessary spacing by considering the existing and anticipated mature tree and shrub size proposed.
(c)
The Planning Board may require temporary solid fencing, of such material as necessary to achieve an acceptable immediate buffer while plants are maturing, in accordance with this chapter.
(3)
Landscape plantings. Landscape plantings shall be provided around existing and proposed buildings, structures, pools and recreational facilities, as appropriate, to achieve an aesthetically pleasing plan to the satisfaction of the Planning Board.
(4)
Lawns and natural areas. The landscape plan shall specify areas to be maintained as lawns and the proposed method (seeding or sod) of establishing the same. Areas to be maintained in a natural state, which may include areas to be undisturbed or areas that will be disturbed and restored with mulch or seeded with naturalizing grasses and/or wildflowers, shall also be noted on the plan. Soil preparation, seed mixes, application rates, definition of seasons for application, and maintenance shall be set forth on the plan.
B.
All trees and plantings shall adhere to the following specifications:
(1)
Plants shall be healthy and free of disease and deformities at the time of planting.
(2)
Plants shall generally be native species or other noninvasive species that are generally prevalent in and around Orange County. Invasive plant species are prohibited. Invasive species are those species that are nonnative to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
(3)
Plants referenced by abbreviations on the plans shall be identified by scientific name, common name, size at planting and quantity on an accompanying plant list.
(4)
Details of tree, shrub, lawn and natural area plantings shall be identified on the plans.
(5)
Warranties shall be clearly noted on the plans. Warranties shall provide that all plantings shall be in good health at the time of planting and for a minimum of one year thereafter. The Planning Board shall require a cash bond, in such amount as necessary, to ensure the survival of all plantings in good health for one year from planting.
§ 210-14 Spacing between buildings.
A.
In the layout of a development of garden apartments or other multifamily houses 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 principal building.
B.
The above requirement of Subsection A need not exceed 35 feet when the top of one building is less than eight feet above the level of the first floor in the other building.
C.
Minor accessory buildings shall meet the requirements of § 210-9.
§ 210-15 Corner clearance.
On a corner lot in any Residential Agriculture or 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; and 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 pavement line, each of which points is 50 feet from the intersection of such street lines.
§ 210-16 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 area and basement and cellar rooms or areas.
Type of Residence Building | Minimum Required Floor Area per Family (square feet) |
|---|---|
Single- and 2-family detached dwelling | 900 |
Multiple dwelling | 500 |
C.
First floor area of a dwelling. The minimum first floor enclosed area of a single-family detached dwelling and two-family dwelling, exclusive of garage or other accessory building, shall be 750 square feet, and its least overall dimension shall be 20 feet.
§ 210-17 Permitted fences and walls.
A.
Permits required.
(1)
No fence, wall, retaining wall or other similar structure shall be erected unless a building permit for such construction is issued in accordance with this chapter and section. After completion of the construction, a certificate of occupancy is necessary to be issued to comply with this section, or the fence, wall, retaining wall or other similar structure may be ordered removed in the discretion of the building inspector.
(2)
Applications for building permits for fences shall be made upon forms supplied by the Building Inspector. The application shall include a plan or sketch showing the location and dimensions of the fence and a schedule indicating the type of material to be used in the construction of the fence.
B.
Dimensional standards.
(1)
Fence heights. No fence shall be constructed unless in accordance with the following schedule of permitted fences, which shall apply according to the district in which the site is located on the Zoning Map, except where:
(a)
Where corner clearances are required in accordance with § 210-15.
(b)
Where a six-foot-high fence is required between nonresidential and residential districts pursuant to § 210-18.
(c)
Where Homestead Avenue regulations apply [Subsection C(3)].
Maximum Fence or Wall Height | ||||
|---|---|---|---|---|
District | Front Lot Line (feet) | Side Lot Line Outside of Rear Yard (feet) | Rear Yard Lot Lines (feet) | Not in Any Minimum Required Yard (feet) |
RA-3 | 4 | 4 | 6 | 6 |
R-4 | 4 | 4 | 6 | 6 |
R-5 | 4 | 4 | 6 | 6 |
R-6 | 4 | 4 | 6 | 6 |
RM-1 | 4 | 4 | 6 | 6 |
B-2 | 6 | 6 | 8 | 8 |
B-4 | 8 | 8 | 8 | 8 |
I-1 | 8 | 8 | 8 | 8 |
I-2 | 8 | 8 | 8 | 8 |
I-3 | 8 | 8 | 8 | 8 |
(2)
Setbacks.
(a)
All fences must be erected within the property line. No fence shall be erected as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic.
(b)
No fence shall be constructed nor maintained within three feet from the rear property line in an RM-1 Zone.
(c)
No fence shall be constructed nor maintained within one foot of any sidewalk.
C.
Material and construction standards.
(1)
Prohibited materials and construction. Fences or similar structures or shrubbery which unduly cut off light or air and which may cause a nuisance, a fire prevention or protection hazard or obstruction or a dangerous condition are prohibited.
(2)
The following fences and fencing materials are specifically prohibited except when specifically approved as part of site plan review by the Planning Board in a business or industrial district:
(a)
Barbed or razor wire.
(b)
Short pointed fences.
(c)
Canvas or cloth fence.
(d)
Electrically charged fences.
(e)
Poultry or turkey wire fences.
(f)
Temporary, expandable, collapsible or snow fences.
(g)
Chain link fences without closed loop at the top.
(h)
Residential front yard fences more than 50% opaque, except stone walls along Homestead Avenue.
(i)
Residential front yard fences with slats or weaving in chain link.
(j)
Fences with structural supports on the exterior side.
(k)
Fences with gates or entrances opening outward except where the Building Inspector finds it impractical to construct the fence otherwise.
(3)
Homestead Avenue (Route 208) regulations. Only rustproof openwork chain link fences, stone fences, vinyl fences or wood fences not exceeding a maximum height of four feet, or three feet at intersections, shall be permitted along Homestead Avenue to assure a uniform aesthetic scheme throughout the Village.
D.
Retaining walls.
(1)
Permit required. A retaining wall may not be constructed until the design, materials and manner of construction is approved by the Building Inspector and the Village Engineer.
(a)
The application for a building permit for a retaining wall shall include the following documents and information:
[1]
Engineered plans, signed and sealed by a professional engineer licensed by New York State and shop drawings showing length of geogrid, number of geogrid elements, geogrid material, location of geogrid elements, depth of wall to be buried, drainage structures and design calculations and setback from property boundaries, structures, public streets and sidewalks and driveways, and foundation elements;
[2]
Manufacturer's specifications and installation instructions for segmented, manufactured retaining wall systems;
[3]
Boundary survey, showing location of buildings, sidewalks, streets, driveways, buried utilities and easements affecting the area of the premises where the retaining wall is proposed to be constructed, and distance of the proposed wall in relation thereto. The survey shall be certified to the Building Inspector and Village of Maybrook by the surveyor.
[4]
Specify backfill material, method of compaction and minimum compaction density.
(2)
The actual cost of the Village Engineer's evaluation of the permit application, conduct of inspections of the site and approval shall be an expense charged to the applicant and payable prior to issuance of such permit.
(3)
Conditional permit. The Building Inspector may approve a permit with conditions relative to design, construction, location, monitoring and setbacks from utilities, streets and sidewalks.
(4)
Revocation of permit. The Building Inspector may revoke a building permit or certificate of occupancy after due notice to the owner of the premises, for failure to construct in strict compliance with the permit and plans, or where any stage of construction has not been inspected by the Building Inspector.
(5)
Inspection of work. The owner of the premises and contractor doing the work are both jointly responsible for notifying the Building Inspector when work is commencing. No work may be done or approved that is not inspected by the Building Inspector. Any work that is done without proper inspection may be subject to issuance of an order to remedy to uncover the work for proper inspection.
(6)
Miscellaneous regulations. A retaining wall is subject to the following requirements:
(a)
A retaining wall shall be set back three feet or more from each property line, except if a public sidewalk crosses the front yard, the retaining wall shall be set back at least three feet from the edge of the sidewalk farthest from the front property line;
(b)
A retaining wall shall not be permitted in the right-of-way of a public street;
(c)
Setbacks to a retaining wall shall be measured from the wall's bottom course at ground elevation at the face of the wall.
(d)
Maximum height of a retaining wall is 10 feet, measured from the ground elevation at the exposed face of the wall.
(e)
Adjoining lots. A permit shall not be issued where construction of the wall requires temporary access of contractors' equipment and materials over real property that adjoins the proposed location of the wall, except if the adjoining property owner executes a temporary access easement to permit the use of his or her premises for access. Such easement must be in recordable form and duly recorded in the Orange County Clerk's liber of deeds. In the event that no such easement is provided to the applicant for the permit to construct the retaining wall, the design for the wall shall provide sufficient setback from the property line to restrict all construction, materials and equipment entirely to the lot where the wall is to be constructed, notwithstanding any other setback requirement stated herein. Such permit may be revoked where trespassing by the contractor occurs onto adjoining property.
(f)
Removal and replacement. Retaining walls that were constructed prior to the enactment of this local law[1] must comply with the requirements of this section upon removal of the original retaining wall and before its reconstruction. Retaining walls legally in existence in the Village at the time of enactment of this local law may remain without compliance with this Local Law, except that where such a wall is judged by the Village Engineer and Building Inspector to be in a state of structural failure. Repairs and replacement of structural parts shall comply with this section and shall be subject to the required permits, inspections and testing as defined herein.
[1]
Editor's Note: "This local law" refers to L.L. No. 2-2007, adopted 2-12-2007.
(g)
Remedies and violations. Failure to obtain a required permit as required in this section prior to commencement of construction or repair of a retaining wall and failure to comply with the order to remedy any violation of this section issued by the Village's Building Inspector shall constitute an offense, which may be prosecuted in the Village or Town court, for which the maximum penalty for each violation shall be 14 days incarceration, a $1,000 fine, or both, together with such civil enforcement actions and equitable relief as being in the jurisdiction of the State Supreme Court of New York. A violation shall commence the date when construction or repair commences without proper permit, or contrary to an order to remedy violation issued by the Building Inspector, and a new violation shall accrue each week thereafter.
(h)
Engineer's certification. Prior to issuance of a certificate of occupancy, the retaining wall must be certified by the owner's engineer, who must be licensed as a professional engineer by New York State, that the retaining wall has been constructed in accordance with the engineered plans and the building permit.
§ 210-18 Transitional yards and screening.
In order to assure orderly and compatible relationship between Residential Agriculture and Residence Districts and business or industrial districts along their common boundary lines, the following requirements shall be met in the listed districts along such boundaries:
A.
Minimum required transitional side and rear yards within nonresidential districts adjoining Residential Agriculture and Residence Districts shall be as follows:
(1)
In the I-1 and I-3 Districts: 50 feet.
(2)
In the B-4 District: 30 feet.
(3)
In the B-2 and I-2 Districts: 25 feet.
(4)
In the B-SC District: 50 feet.
B.
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 where the transitional yard area is 50 feet or more, such screening may be a planting area six feet wide and eight feet high.
§ 210-19 Private swimming pools.
A private swimming pool shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:
A.
No pool shall be located in any required side yard except as a special exception use pursuant to this chapter. No pool shall be located in any required front yard.
B.
The entire portion of the premises upon which such pool is located shall be entirely enclosed with a good quality chain link wire or equally sturdy fence of not less than four feet in height.
C.
Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when said pool is not in use.
D.
Such pool shall not be less than 10 feet from side to rear lot lines; provided, however, that on lots of a width of 35 feet or less, an aboveground pool of no more than 12 feet in width, no more than 20 feet in length and no more than 48 inches in height, located midway between the side lot lines and midway between the dwelling and the rear lot line, may be constructed and maintained. Pools already in existence on lots of 35 feet or less in width shall be deemed legal nonconforming pools, provided that such pools are no more than 16 feet wide, 20 feet long and 48 inches high and are centered in the rear yard. Nonconforming pools may only be replaced by conforming pools.
E.
If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
F.
If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool.
G.
Such pool shall be constructed, operated and maintained in compliance with the applicable provisions of the New York State Sanitary Code relating to public swimming pools.
H.
No permit shall be granted for the installation or construction of said swimming pool unless the plans of said pool shall meet the minimum construction requirements of the municipality and unless the Municipal Engineer or a licensed professional engineer of New York State has certified that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public streets.
I.
No loudspeaker or amplifying device shall be permitted which can be heard beyond the bounds of the property or lot where said pool is located.