New Lebanon City Zoning Code
§ 205-7
Area and bulk regulations.
A.
Regulations governing lot area and lot width; front, side and rear yards; and building coverage are as specified in Schedule 1.[1] The regulations appearing in Schedule 1 are subject to the supplementary regulations of § 205-8 and additional regulations as follows:
[1]
Editor's Note: Schedule 1, Area and Bulk Regulations, is included at the end of this chapter.
B.
Additional area regulations.
(1)
Lots of less-than-required dimensions. Nothing contained herein shall prohibit the use of a lot of less than the prescribed area, width or depth, when such lot is owned individually or separately from any adjoining tract at the time of enactment of this chapter, provided that all other provisions of this chapter are met. The Planning Board is authorized to vary residential lot width, depth and/or area for conservation subdivisions.
(2)
Corner lot. On a corner lot in any district where a front setback is required, a setback shall be provided on each street equal in depth to the required front setback on such streets. One rear setback shall be provided on each corner lot, and the owner shall designate the rear setback on the application for a zoning permit. In no case shall the designated rear lot width be so interpreted as to reduce the building width of a corner lot facing an intersecting street, and of record at the time of the passage of this chapter, to less than 24 feet.
(3)
Visibility at street corners. On a corner lot in any district where a front yard is required, no fence, wall, hedge 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.
(4)
Walls, fences and hedges. The following standards shall apply to fences, walls and hedges for all uses in all districts:
[Amended 6-10-2014 by L.L. No. 1-2014]
(a)
Exemptions.
[1]
These fence, wall and hedge regulations shall not apply to agricultural fencing, walls or hedges or temporary safety fencing erected during construction activities approved by the Town; provided, however, that the requirement specified in Subsection B(4)(b)(2) concerning sight distance at intersections or rights-of-way and street corners shall apply to all forms of fences, walls or hedges. For purposes of this section, the term "agricultural fencing" shall include any fence constructed on a farm operation or constructed to enclose a residential garden.
[2]
The Town Building Inspector may authorize a retaining wall in excess of the foregoing height limitation when it is determined that the same is necessary for the proper safety and preservation of persons or property.
(b)
Location.
[Amended 7-14-2020 by L.L. No. 1-2020]
[1]
Fences, freestanding walls and hedges and all supporting structures must be entirely on the property of the party erecting the fence.
[2]
Fences and freestanding walls shall not obstruct sight distance at intersections or rights-of-way and shall comply with required setbacks at street corners.
[3]
Any fence, freestanding wall or hedge built along an adjacent lot shall be installed interior from the lot line with a two-foot setback to provide for maintenance and lawn or field mowing. Lawns and other growth shall be maintained by the property owner to the property line in accordance with New York State Property Maintenance Code.
(c)
Height.
[1]
Fences or freestanding walls within a front yard, in a side yard or rear yard shall not exceed six feet in height unless approved or required by a board as part of an application for a special use permit or a site plan review.
[2]
A maximum of 10 feet in height shall be allowed to enclose a private or public tennis court, basketball court, or sports courts, provided that the fence is not more than sixty-percent opaque, and meets setback requirements.
(d)
Materials and construction.
[Amended 7-11-2017 by L.L. No. 2-2017; 7-14-2020 by L.L. No. 1-2020]
[1]
All fences and freestanding walls shall be constructed and installed in accordance with the generally accepted standards of good workmanship and any applicable manufacturer's specifications.
[2]
All fences and freestanding walls shall be maintained in a structurally sound condition, and components or finishes that become deteriorated shall be repaired or replaced promptly.
[3]
Canvas, cloth, wire mesh, snow fencing, chicken wire, pallets, plywood or any other material of a nonstructural nature may not be used as fencing material or as any part of fence. The use of any fencing material, or device, intended or which is likely to cause harm or injury to humans is prohibited. Examples of materials prohibited in this section include, but are not limited to, broken glass or electrification. All fences require a zoning permit unless they are exempt under § 205-7B(4)(a)[1].
[4]
All fencing that has a discernible finished side must be installed or constructed so the finished side faces to the exterior of the lot center.
[5]
Retaining walls visible from the public right-of-way should be faced with masonry or other decorative screening, textures, design, or landscaping to minimize the blank appearance of walls and ensure compatibility with existing structures.
(5)
Accessory structures. For accessory structures under 144 square feet which do not require a building permit, the required setback shall be 10 feet from the side and rear property lines, and the accessory structure must meet the front yard setback for the zoning district in which it is placed.
[Amended 6-10-2014 by L.L. No. 1-2014]
(6)
Where there is proposed to be more than one principal building on a single lot, the buildings shall be located on the lot in a manner so that all of the minimum area regulations governing building location are met by all principal buildings. Specifically, the structures shall be located so the minimum lot size and width requirements, minimum front, side and rear yard requirements and lot coverage maximums are met.
(7)
One-hundred-foot setback from lake or stream. No building, building envelope, septic tank, or tile field shall be located closer to a stream, creek or other body of water, except that on existing undersize lots where this requirement cannot be met, the septic tank and tile field shall be located as far from the water as possible, but in no case less than 50 feet away. Open porches and decks attached to a residence shall be exempt, providing all other requirements can be met, and provided that such porch or deck shall not be enclosed.
(8)
Height exceptions. District building height regulations shall not apply to flagpoles, radio or television antennas, electric transmission towers or cables, wind electric-generating equipment installed by a residential customer generator or a farm customer generator in compliance with New York State Public Service Law § 66-l, spires or cupolas, chimneys, elevator or stair bulkheads, parapets or railings, or water tanks or cooling towers, provided that such structures in their aggregate coverage occupy no more than 10% of the roof area of the building. Barns, grain elevators and silos may exceed height limitations of this chapter, provided that for each one foot such structure exceeds 35 feet, the minimum yard requirements shall be increased by one foot but in no case may exceed 100 feet. The Planning Board may, as part of site plan review, waive height restrictions for wind electric-generating equipment installed for use in a commercial or industrial use.
(9)
Structures in required yards.
(a)
The following accessory structures may be located in any required yard except where such constitute a permanent obstruction in a required front yard in any district:
[1]
Chimneys and pilasters;
[2]
Open arbor or trellis;
[3]
Unroofed steps, patio or terrace not less than 20 feet from the highway right-of-way;
[4]
Awning or movable canopy not to exceed 10 feet in height;
[5]
Retaining wall, fence or masonry wall;
[6]
Overhanging roof not in excess of 10% of the required front yard depth.
(b)
An accessory structure, except as allowed herein, shall not be located within the minimum front yard setback.
(c)
The following accessory structures may be located in any side or rear yard, subject to the limitations contained herein:
[1]
Solar energy collection devices shall adhere to the setbacks applicable to structures in the zone in which they are located and shall not be located in the front yard of any lot.
[Amended 7-11-2017 by L.L. No. 2-2017]
[2]
Permitted accessory buildings, provided that all the following criteria are met:
[a]
No such building shall exceed the average height of the principal structure on the lot;
[b]
No such building shall be set back less than 10 feet or the height of the accessory structure, whichever is greater, from any lot line;
[c]
All such buildings in the aggregate shall not occupy more than 30% of any required yard;
[d]
No such building shall project closer to the fronting street than the minimum front yard setback; and
[e]
Not more than two such accessory structures, other than a permitted sign or satellite antenna, of which no more than one shall be a private sign or a private garage, shall be permitted by right on an individual lot. In the event the lot exceeds two acres, any additional accessory structure may be allowed by a special use permit.
(10)
Calculating density. The maximum permitted number of dwelling units shall be determined based on buildable area. This is determined by deducting from the total tract area the following features and then applying the density required for that district: