New Lebanon City Zoning Code
§ 205-8
Supplementary regulations.
A.
Motor vehicle storage.
(1)
Unregistered vehicles in the Town of New Lebanon, other than farm equipment on an active farm, shall be stored in an enclosed building or behind fencing adequate to conceal them from public view. A maximum of two unregistered motor vehicles (each not exceeding 25 feet in length) may be parked or stored outside on any lot, but limited to the side or rear yard, unless specifically indicated as "for sale." Junk vehicle lots are prohibited.
(2)
No junk storage area shall be located within 250 feet from the following: any adjoining property line; any public park, church, educational facility, nursing home, public building or other place of public gathering; any river, stream, lake, pond, wetland or other body of water; or the right-of-way of a public road.
B.
Water recreation, water storage and ponds. The accessory use of land for water recreation or water storage such as swimming pools (whether aboveground or in-ground), ponds, or open outdoor water storage tanks shall comply with the following requirements:
[Amended 7-14-2020 by L.L. No. 1-2020]
(1)
All swimming pools, open outdoor water storage tanks, and other water recreation or water storage shall comply with setback requirements.
(2)
Drainage of a swimming pool, pond, open outdoor water storage tanks or other water recreation or water storage shall not interfere with any public or private water supply, existing sanitary facilities or surrounding properties.
(3)
An aboveground swimming pool or other aboveground storage structure shall be located so that there is no danger to surrounding properties or water supply or sewerage systems in the event of a break of the container.
C.
Manufactured homes and compact homes.
[Amended 8-8-2023 by L.L. No. 4-2023]
(2)
A manufactured home shall be securely located on and permanently affixed to a concrete pad or foundation. A compact home shall either be securely located on and permanently affixed to a concrete pad or foundation, or otherwise properly anchored using an approved anchoring system for manufactured homes or mobile homes.
(3)
All foundations, undercarriages, wheels, and/or anchoring systems of a manufactured home or compact home, as applicable, shall be closed by a skirt securely fastened and extending from the outside wall of the home. The skirt shall be constructed of sturdy wood, plastic, masonry, or metal material capable of withstanding weather conditions. No skirt shall be required where a perimeter foundation fully encloses the area between the unit and the ground level. Skirting must be installed within 10 days of installation of the home.
(4)
Any lot containing a manufactured home or compact home shall meet applicable area and dimensional requirements.
(5)
A permit may be granted to the owner of a farm located within a certified New York State agricultural district to allow placement of not more than two manufactured homes and/or compact homes to be occupied only by full-time farm workers and their families employed by the owner and provided that the such homes are located on a lot of at least 100 feet by 150 feet and are no closer than 40 feet to the farmhouse and any farm building. All water and septic system requirements for single-family homes shall be met.
(6)
Manufactured homes and compact homes shall be considered and treated as a single-family structure.
D.
Driveways.
(1)
A driveway permit from the Town is required for access to Town roads. Driveway cuts not installed by the Town Highway Department must meet the standards of Appendix B of Chapter 179 of the Code of the Town of New Lebanon.
(2)
Access by emergency vehicles to all buildings is required.
(3)
The minimum driveway width shall be 12 feet and of suitable alignment to allow for access by emergency vehicles. Driveways shall be constructed with a minimum of six inches of run-of-bank gravel and crowned in the middle.
[Amended 11-10-2020 by L.L. No. 3-2020]
(4)
Driveways shall intersect roads at approximately a ninety-degree angle but in no case less than 70°. The intersection of the road and driveway shall be connected with a minimum radius of 20 feet, and the first 50 feet from the edge of shoulder shall not be steeper than 3%. The driveway grade shall not exceed 10%. Lengths of drive at ten-percent grade shall be interrupted by flatter slopes every 500 feet.
(5)
Adequate ditches and culverts shall be provided to accommodate drainage. Where driveways cross road ditches, an approved culvert not less than 15 inches in diameter shall be provided. The driveway shall not increase runoff onto the existing road unless approved by the Town Engineer.
(6)
In order to minimize curb cuts onto existing or proposed roads, to maintain vegetated buffers along existing roads, and to preserve open space and rural character, the Planning Board may accept or require adjoining lots to utilize a shared driveway or two adjoining driveways with a single curb cut. Shared driveways or accessways are preferred over multiple curb cuts. The Planning Board shall require that an offering plan be filed or a no-action or similar determination letter be obtained from the New York State Department of Law whenever there is a common interest in real property such as a shared road or driveway.
(7)
The Planning Board, upon recommendation of the Highway Superintendent, may also designate curve radii for driveway intersections with the street and may require special provisions to assure visibility.
E.
Commercial building layout and design guidelines. The standards listed below are intended to establish an appropriate contextual character for all new commercial, industrial, and multifamily residential development within the Town of New Lebanon, including modification and/or expansion of existing buildings and uses. New buildings are expected to respect and complement the tradition of New Lebanon's rich history. The applicant shall be expected during the Planning Board's site plan review, subdivision approval or special use approval process to demonstrate the appropriateness of the specific design and material elements selected to conform to these design guidelines. During project development and review, attention should be given to the compatibility of adjoining developments when reviewing project proposals. It is not the intent to discourage contemporary architectural expression but to preserve the integrity and authenticity of the district and to ensure the compatibility of new structures with existing.
(1)
The side of the building that provides frontage for the lot on which the building is located should be aesthetically compatible with, but not necessarily the same as, the surrounding area.
(2)
Parking areas should be located away from the road or behind structures.
(3)
Drive-up windows for any proposed or existing land use, where allowed by lot configuration, should be placed at the rear of the building. Adjacent properties shall be screened from any glare from vehicles or building lights resulting from use of a drive-up window.
(4)
In order to control traffic, the Planning Board may require, where appropriate, reductions in lane widths, use of shared access drives, shared parking lots, and rear service road connections.
F.
Conservation subdivisions.
(1)
Permitted, accessory and special permit uses. Permitted, accessory and special permit uses within a conservation subdivision shall be the same as those otherwise allowed in the zoning district in which the development is located.
(2)
Density. Except as authorized by the Planning Board pursuant to § 205-5D, the permitted number of dwelling units shall not exceed the number of units that would be permitted as calculated in conformance with § 205-7B(10).
(3)
Unit mix. The conservation subdivision design may include a mix of single-family and multifamily dwellings as a means of achieving housing diversity and preserving open space if such multifamily dwellings are allowed in the district. Within the conservation subdivision, the number of multifamily units shall be limited to not more than 1/3 of the total number of dwelling units.
G.
Short-term rentals. A short-term rental that would include use or occupancy of any existing or previous ADU shall not be permitted for a period of three years from the date a final certificate of occupancy was issued for such ADU. If a short-term rental is not occupied by the owner/operator, the owner/operator shall provide the Zoning Enforcement Officer with the name, telephone number, and email address of a contact person who must reside within 20 miles of the property and who must be authorized to act and receive notices and process on behalf of the owner/operator with respect to the property. Updated contact information shall be provided to the Zoning Enforcement Officer whenever the name, telephone number, or email address of such contact person changes, and not less than annually.
[Added 11-10-2020 by L.L. No. 3-2020; amended 8-8-2023 by L.L. No. 4-2023]
H.
Food trucks. All food trucks shall comply with the following standards:
[Added 12-14-2021 by L.L. No. 4-2021]
(1)
The size of a food truck shall not exceed 256 square feet, measured from the exterior faces of the food truck.
(2)
The minimum lot size on which one or more food trucks may operate is 1/2 acre.
(3)
Prior to commencing food truck operations, the food truck operator shall obtain and maintain a Columbia County Department of Health permit where required, and shall operate the food truck in conformance with all applicable Department of Health regulations.
(4)
Prior to commencing food truck operations, the Code Enforcement Officer shall conduct an inspection to determine compliance with all applicable requirements under the New York State Uniform Fire Prevention and Building Code.
(5)
Prior to commencing food truck operations, the food truck operator shall obtain the written consent of the property owner to conduct food truck operations on such property. Such written consent shall be maintained on-site at all times.
(6)
No food truck may operate on any property that remains in violation of any provision of this chapter, Chapter 81 of the Code of the Town of New Lebanon, or the New York State Uniform Fire Prevention and Building Code following the issuance of one or more notices of violation, stop-work orders, orders to remedy, appearance tickets, or other enforcement devices.
(7)
Nothing in this chapter shall be construed as permitting operation of food trucks on publicly owned property or on any public highway.
I.
Accessory dwelling units (ADUs).
[Added 8-8-2023 by L.L. No. 4-2023]
(1)
In furtherance of allowing more efficient use of existing lots and buildings and to expand housing opportunities within Town, while maintaining the existing residential character of neighborhoods, the provisions of this Subsection I shall govern accessory dwelling units (ADUs) where permitted.
(2)
Notwithstanding anything to contrary contained within § 205-14 of this chapter, site plan review and approval shall be required prior to placement, construction, operation, use and occupancy of an ADU where the parcel on which the ADU is to be sited is less than twice the minimum lot size applicable within the district, except that site plan review and approval shall not be required where the ADU is to be located wholly within the existing footprint of the principal structure on the lot.
(3)
An ADU approved and operated in accordance with this Subsection I shall be considered an accessory use and shall not be considered an additional dwelling unit for purposes of calculating the density of the lot upon which it is located.
(4)
No more than one ADU shall be permitted on any lot.
(5)
An attached or detached ADU shall constitute an accessory structure for purposes of determining compliance with the limit on the number of accessory structures on a lot pursuant to § 205-7B(9)(c)[2][e].
(6)
An ADU may be constructed or installed concurrently with or after construction of the principal dwelling on the lot upon receipt of all applicable approvals therefor.
(7)
The living area of an ADU shall not exceed 50% of the living area of the principal dwelling or 800 square feet, whichever is less.
(8)
The height of an ADU shall not exceed the average height of the principal dwelling.
(10)
Where applicable, all towing devices, wheels, axles and hitches shall be removed from the ADU.
(11)
Any ADU constructed or manufactured off-site shall remain detached from the principal dwelling and any other structure on the lot.
(12)
An ADU may be included on an existing lot that does not otherwise comply with the minimum lot size applicable within the district only where the inclusion of the ADU does not create or increase any other nonconformity on the lot with respect to applicable area and bulk regulations.
(13)
An ADU on a lot of 4,000 square feet or larger shall not occupy more than 15% of the total lot area; provided, however, that an ADU built wholly within the footprint of an existing legal accessory structure that exceeds this limit shall be permissible.
(14)
ADU setbacks.
(a)
Except as otherwise provided herein, all ADUs shall conform in all respects to front, side, and rear yard setback requirements applicable within the district.
(b)
Notwithstanding Subsection I(14)(a) above, an ADU may be constructed and operated within an existing lawful structure that does not conform to one or more setback requirements, or in a new structure that replaces an existing lawful structure that does not conform to one or more setback requirements provided that the new structure is constructed wholly within the footprint of the existing lawful structure.
(c)
Notwithstanding Subsection I(14)(a) above, an ADU that is attached to or constitutes an addition to a lawfully existing nonconforming structure shall not encroach any closer to lot lines or further into any required yards or setbacks than the lawfully existing nonconforming structure.
(d)
No ADUs, whether detached or attached, shall be permitted in the front yard. For purposes of applying this provision, the location of the front yard shall be determined without reference to any ADU.
(15)
In addition to the off-street parking spaces otherwise provided for the principal structure, one off-street parking space shall be provided for the ADU.
(16)
An ADU shall not be used as a short-term rental as defined and regulated in this chapter for a period of three years from the date a final certificate of occupancy is issued for the ADU.
(17)
Exterior stairs and fire escapes serving an above-grade ADU shall not be located on the front of the principal structure or accessory structure, except to the extent required by the New York State Uniform Fire Prevention and Building Code.[2]
(18)
No building permit or zoning permit shall be issued for an ADU until the proposed method of water supply and sewage disposal is approved.
(19)
An ADU shall comply with all applicable provisions of the New York State Uniform Fire Prevention and Building Code.