Minden Town City Zoning Code
ARTICLE V
Area and Height Regulations Lots, Yards and Buildings
§ 90-13 Regulations in Schedule A.
Regulations governing lot area and lot width; front, side and rear yards; building coverage and building height are specified in Schedule A and in the additional regulations of Article V, VI and supplementary regulations of Article VIII. Schedule A accompanies and is hereby made a part of this chapter.[1]
[1]
Editor's Note: Schedule A is included as an attachment at the end of this chapter.
Only one single-family or two-family residence per parcel shall be allowed. See § 90-52.8 for multifamily dwellings.
Conservation subdivision and clustering. It is the policy of the Town of Minden to preserve its open space and encourage development that is compatible with the existing character of the Town.
Clustered subdivision. Accordingly, the Planning Board may vary the dimensional requirements specified in Schedule A and in Article V and supplementary regulations of Article VIII during the subdivision review process to provide for a clustered subdivision pursuant to New York State Town Law, § 278, provided that it issues a written explanation of the reasons for such variation. A clustered subdivision shall only be permitted where a municipal or small on-site centralized sewer is available or proposed.
Groundwater protection. In a clustered subdivision, the guiding design standard is to maintain or replicate the predevelopment hydrologic functions of storage, infiltration, and groundwater recharge. This can be done by using stormwater retention and detention areas, reducing impervious surfaces, lengthening flow paths and runoff time, and preserving environmentally sensitive site features. Low-impact development and better site design, and proper wastewater management is to be designed to return or recharge groundwater.
Conservation subdivision. It is a purpose of this section to plan for the orderly, economic, aesthetic, environmentally sound and efficient development of the Town that is consistent with its community character and the continuing needs of its people for conservation of agriculture, open space, natural and cultural resources, quality residential building sites and enjoyable open space. The Town of Minden is home to important agricultural lands, significant scenic viewsheds, historic architecture, natural beauty, and rural landscapes. This section has been carefully designed in recognition of the need to protect such resources as part of the land development process.
Applicability. Pursuant to § 278 of the New York State Town Law, the Planning Board is authorized to require a conservation subdivision layout for any proposed major subdivision when, in their discretion, they determine that the project or parcel contains significant features of value to the community including but not limited to flood plains, steep slopes, wetlands, historic features, critical habitats, farmlands, or important scenic views.
Compliance with Subdivision, Chapter 77. Chapter 77 of the Subdivision Regulations shall be followed for all procedural, layout, and design requirements and shall be coordinated with all provisions of the Town of Minden Zoning Chapter. Whenever the circumstance of a proposed development or application requires compliance with this conservation subdivision subsection, the Planning Board shall integrate the applicable procedures, submission and design requirements with Chapter 77.
Groundwater protection. In a conservation subdivision, the guiding design standard is to maintain or replicate the predevelopment hydrologic functions of storage, infiltration, and groundwater recharge. This can be done by using stormwater retention and detention areas, reducing impervious surfaces, lengthening flow paths and runoff time, and preserving environmentally sensitive site features. Low-impact development and better site design, and proper wastewater management is to be designed to return or recharge groundwater.
Dimensional standards. Lot dimensions as required by the Department of Health, or by this zoning chapter shall be used to determine the total density of development allowed on any parcel. Use of the conservation subdivision technique pursuant to this section does not change the development potential of any parcel. The Planning Board shall allow alteration of lot dimensions within a conservation subdivision in order to properly accomplish the purposes of the Town of Minden Comprehensive Plan to preserve the maximum amount of open space when a subdivision is planned. Lots shall be arranged in a way that preserves open space, agriculture, and promotes land conservation as described in this subsection and in Chapter 77.
A conservation subdivision must preserve at least 50% of the parcel's acreage as open space land.
Minimum road frontage per lot shall be 35 feet.
Minimum lot size. The conservation subdivision technique allows flexibility in lot sizes to result in optimum subdivision layout of lots to meet the goals of the Town. As such, the minimum lot size can be varied but where individual wells and septic systems are required, shall be at least equal to that required by the New York State Department of Health to meet standards for water and septic system approvals. For lots in major subdivisions that do not need individual well and septic systems, the minimum lot size shall be 15,000 square feet, on average.
Maximum impervious surface shall be 15% on each lot.
Setbacks from cropland or pasture land shall be 100 feet. The setback from barnyards housing livestock shall be 300 feet. Other setbacks shall be determined at the time of subdivision.
There shall be a minimum 25 feet vegetated buffer along all streams. The applicant shall submit a plan that details maintenance or creation of this vegetated buffer that preferably includes use of trees. Buffers may also be required to be maintained along wetlands and other hydrologically sensitive areas where there shall be no disturbance.
A conservation subdivision that results in a clustered design shall only be permitted where a municipal or small on-site centralized sewer is available or proposed.
§ 90-14 Area regulations.
Lots of less than required dimensions.
Any single lot or parcel of land which was of record at the time of adoption of this chapter that does not meet the requirements for minimum lot width and area, may be utilized for a permitted principal use.
In the event that compliance with the yard and coverage requirements of the district would result in a residential structure of less width than 24 feet, the Board of Appeals shall determine and fix yard and coverage requirements for said lot to permit its reasonable utilization for a permitted use.
Reduction of lot area. The minimum yards and open spaces, including lot area per family, required by this chapter shall not be encroached upon nor considered as yard or open space requirements for any other building, nor shall any lot be reduced below the district requirements of this chapter.
Corner lots. On a corner lot in any district where a front yard is required, a yard shall be provided on each street equal in depth to the required front yard on each such street. One rear yard shall be provided on each corner lot and the owner shall designate the rear yard on his application for a permit. The Board of Appeals shall determine the yards and building width of a corner lot facing an intersecting street, and of record at the time of the passage of this chapter, if the yard requirements would result in a residential structure less than 24 feet wide.
Visibility at street corners. On a corner lot in any district where a front yard is required, no fence, hedge, wall or other structure or planting more than three feet in height shall be erected, placed or maintained so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at points 20 feet distant from the point of intersection, measured along said lines. Intersections with county or state road shall be in accordance with corresponding transportation department regulations and restrictions imposed by this chapter.
Front yard exceptions. The minimum front yard of all principal buildings and structures hereafter constructed within a Residential District shall conform with Schedule A;[1] and in addition, shall be not less than the average front yard of all principal buildings in the block for a distance of 300 feet on each side of such building. A vacant lot within the 300-foot distance shall be considered as having the minimum front yard required in the district for the purpose of computing such average front yard.
[1]
Editor's Note: Schedule A is included as an attachment at the end of this chapter.
Transition yard requirements.
Where two districts abut on the same street between two intersecting streets, and the front yard requirements of one district are less than those of the other district, there shall be provided for buildings hereafter constructed or structurally altered within a distance of 50 feet from the district boundary line in the less restricted district a front yard equal in depth to the average of the required depth in the two districts.
Where the side or rear year of a lot in a Residential District abuts a side or rear yard of a lot in a Commercial District, there shall be provided along such abutting line or lines in the Commercial District a side or rear yard equal in depth to that required in the more restricted district; and in addition, a planting buffer at least 10 feet wide, having evergreen vegetative screening and/or opaque fencing at least eight feet high, may be required by the Town Planning Board in an easement in any Commercial District.
Overlay District boundaries. Where Overlay District boundaries are based upon natural features such as steep slopes, contour lines, elevations, soil types or ecological communities, such boundaries may be more precisely established through field investigation by a qualified professional. In all other cases, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon.
Projecting architectural features, terraces, porches, fire escapes.
The space in any required yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.
A paved terrace shall not be considered as part of a building in the determination of yard size or lot coverage, provided that such terrace is without a roof and without walls, parapets or other form of enclosure exceeding six feet in height.
In determining the percentage of building coverage or the size of yards for the purpose of this chapter, enclosed porches, or porches open at the side but roofed, shall be considered a part of the building.
An open fire escape may extend into any required yard no more than four feet six inches, provided such fire escape shall not be closer than four feet at any point to any lot line.
Unenclosed entrance steps or stairways providing access to the first story of a building may extend into any required yard a distance not to exceed six feet.
Walls, fences and hedges. The yard requirements of this chapter shall not prohibit any necessary retaining wall nor any fence, wall or hedge permitted by this chapter, provided that in any Residential District such fence, wall or hedge shall be no closer to any front, side or rear lot line than two feet, and shall comply with visibility at street corners as provided in this article.
§ 90-15 Height regulations.
Chimneys, spires, etc. The height limitations of this chapter shall not apply to belfries, church spires, cupolas and domes which are not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks or other storage tanks/silos and necessary mechanical appurtenances usually carried above the roof level; nor to silos or structures used for agricultural purposes; nor to flagpoles, monuments, transmission towers and cables, radio and television antennas or towers and similar structures. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose for which they are intended, and are subject to Planning Board review and approval. No advertising device of any kind whatsoever shall be inscribed upon or attached to that part of any chimney, tower, tank or other structure which extends above the roof limitations.
On through lots. On through lots 120 feet or less in depth, the height of a building may be measured from the grade of either street. On through lots more than 120 feet deep, the height regulations and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 120 feet from that street.