Neversink Town City Zoning Code
ARTICLE V
Building and Lot Requirements
§ 50-10 Lot regulations.
A.
Calculation of lot size. Lot size under this chapter and under Chapter 41, Subdivision of Land, shall be calculated based upon gross lot area less any land area comprised of the following:
[Added 7-12-2006 by L.L. No. 1-2006[1]]
(1)
The surface area at the high water mark of any river, stream, lake or pond;
(2)
New York State DEC-designated wetlands together with a buffer of 100 feet from the edge of such designated wetlands;
(3)
Public rights-of-way for highway purposes;
(4)
For public roads without dedicated rights-of-way, a theoretical right-of-way 50 feet in width measured 25 feet each side of the center line of such public road;
(5)
Utility easements, except for utility easements relating to the provision of utility services to individual structures;
(6)
Fifty percent of any land area located within the one-hundred-year floodplain as designated by the Federal Emergency Management Agency.
[1]
Editor's Note: This local law also redesignated former Subsections A through E as B through F, respectively.
B.
Lot dimensions.
(1)
For lots of less than 10 acres in area, the ratio of lot depth to lot width shall not exceed six to one. The Planning Board may allow this ratio to be increased during the subdivision process for specific lots where it finds the greater lot depth allows for improved design or cannot be avoided.
(2)
The width of new lots fronting on the turnaround portions of culs-de-sac may be reduced to 50 feet at the front lot line.
C.
Corner lots.
(1)
Clear-sight triangles of 35 feet in depth on each side from the intersection of street center lines shall be maintained on all corner lots. Nothing shall be erected or allowed to grow above a height of three feet within clear-sight triangles except public signs, utility poles and trees less than two feet in diameter whose branches are trimmed to a height of 10 feet above ground level.
(2)
On a corner lot, front yards are required on both street frontages. One yard other than the front yards shall be deemed to be a rear yard and the other or others side yards.
D.
Increase in lot size due to slope.
(1)
All lots with an average slope of 10% or less measured along a line connecting the mid-point of the front and rear lot line shall not require additional lot area. In computing slope the vertical distance shall be the difference between the highest and lowest point along the line connecting the mid-point of the front and rear lot lines and the horizontal distance shall be the maximum distance between the highest and lowest point along that line.
(2)
All lots with slope of 11% to 20% measured as per § 50-10D(1), shall require an additional, 50% of land area.
(3)
All lots with slope of 21% to 30%, measured as per § 50-10D(1), shall require an additional 100% of land area.
(4)
All lots with slope in excess of 30%, measured as per § 50-10D(1), shall require an additional 200% of land area.
(5)
The additional land area requirements of Subsection D(1) through (4) shall not apply to:
[Amended 3-25-1992 by L.L. No. 2-1992]
(a)
Lots located within the Hamlet (H) Zone.
(b)
Lots located within the Rural Settlement (RS) Zone with a contiguous area with average slope of 10% or less lying wholly within the setback lines and containing an area therein of no less than 40,000 square feet.
(c)
Lots located within the Rural Residential Two (RR-2) Zone with a contiguous area with average slope of 10% or less lying wholly within the setback lines and containing an area therein of no less than 40,000 square feet.
(d)
Lots located within the Rural Residential Three (RR-3) Zone with a contiguous area with average slope of 10% or less lying wholly within the setback lines and containing an area therein of no less than 60,000 square feet.
(e)
Lots located within the Rural Conservation (RC) Zone with a contiguous area with an average slope of 10% or less lying wholly within the setback lines and containing an area therein of no less than 80,000 square feet.
E.
Setbacks on irregular lots. No structure shall be allowed within 75 feet of the center of the traveled way of a street or within 20 feet of any lot line of an irregular lot.
F.
Multiple permitted uses or structures. In any district, two permitted structures or uses may be erected or occur on a single lot, provided that all area, yard and other requirements of this chapter shall be met for each structure or use as though it were on an individual lot. Use of a single lot for more than two permitted structures or uses is prohibited.
[Added 1-13-1993 by L.L. No. 1-1993]
G.
Access. All lots shall front on a public street or on a private street, with a minimum right-of-way width of 50 feet, accessing a public street. At the point of access, all lots shall have an actual physical means of access that is not less than 50 feet in width and is of such a nature that it is capable of enabling motor vehicles, including fire-fighting apparatus, ambulances and other emergency service vehicles, to gain ingress to and egress from the lot.
[Added 1-23-2008 by L.L. No. 1-2008]
§ 50-11 Height restrictions.
A.
General application. No building or structure shall have a greater height than is permitted in the district where such building or structure is located, except as noted in Subsection B of this § 50-11.
B.
Permitted exceptions to height regulations. Chimneys, cooling towers, cupolas, silos, fire towers, steeples, water towers, spires, communications towers, necessary mechanical appurtenances or small wind energy facilities may exceed normal height limits. No tower shall be used as a place of habitation or for tenant purposes. No sign, nameplate, display or advertising device other than one identifying the manufacturer of the structure or the geographic location shall be inscribed upon or attached to any structure permitted in this subsection at a point above 35 feet from the ground.
[Amended 3-24-2010 by L.L. No. 1-2010]
§ 50-12 Required yards.
Every part of a required yard must be unobstructed except for plantings, permitted accessory buildings in rear or side yards and ordinary projections of open porches, balconies, steps and sills and covered in-ground facilities such as septic systems.
A.
Permitted obstructions. Fences or walls not over 6 1/2 feet in height may be erected anywhere on the lot, except within clear-sight triangles. Fences or walls with a height in excess of 6 1/2 feet shall conform to the requirements set forth herein for buildings. Paved areas (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or 10 feet of a lot line.
B.
Front yards on narrow or private streets. On streets with less than fifty-foot rights-of-way or on private streets, the front yard requirement shall be measured from the center line of the existing roadway, and 25 feet shall be added to the front yard requirement.
C.
In all districts where 50% of the buildings on the same side of a street as a proposed new building and within 300 feet thereof have a front yard setback less than the minimum provided herein, then the minimum setback distance shall be equal to the setback of the closest building to the street but in no event less than 20 feet.
D.
Buildings existing at the time of adoption of this chapter which do not meet the minimum building setback requirements may be extended or expanded into a yard in which they encroach, provided that the execution or expansion is no closer to the lot line than the structure which existed at the time of adoption of this chapter.
§ 50-13 Maximum building coverage.
[Amended 3-25-1992 by L.L. No. 2-1992]
Land coverage by principal or accessory buildings or structures on any lot shall not be greater than is permitted in the district where such buildings are located.
§ 50-14 Accessory structures.
Minimum yard regulations are as follows:
A.
Unattached accessory structures in H Districts. Accessory structures which are not attached to a principal structure shall occupy not more than 30% of the required rear or side yard and not be located within 10 feet of side or rear lot lines or in any required portion of a front yard.
B.
Attached accessory structures in H Districts. When an accessory structure is attached to the principal building, it shall comply in all respects with the yard requirements of this chapter applicable to the principal building.
C.
Accessory structures in RC, RR-3, RR-2 and RS Districts. Accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory and shall not be closer to any rear lot line than 25 feet.
[Amended 3-25-1992 by L.L. No. 2-1992]