Newstead City Zoning Code
ARTICLE IV
Supplemental Regulations
§ 450-27 Accessory buildings.
All accessory buildings shall observe the same yard requirements as principal buildings except for the following:
A.
In any R-A District, accessory buildings, except for private garages, shall be a minimum of 75 feet from any public street.
B.
In any R District, accessory buildings lying wholly within a rear yard may extend not closer than five feet to the side or rear lot line.
C.
In C and I Districts, accessory buildings lying wholly within a rear yard shall be a minimum of five feet from side or rear lot line, except that accessory buildings used for business or individual purposes shall be a minimum of 50 feet from any R District boundary.
§ 450-27.1 Kennels.
[Added 4-11-2011 by L.L. No. 1-2011]
A.
No operation of a kennel shall be permitted without the issuance of a special permit for the operation of a kennel in accordance with the special permit provisions of the Zoning Law of the Town of Newstead.
B.
In any application for a special permit to operate a kennel in the Town of Newstead, the applicant must provide a site plan which site plan must include the location of the kennel, including distances from adjoining properties; screening that is being provided to limit the ability of dogs to view others in order to limit the amount of barking; the design for such kennel, identifying the specific areas and size of areas provided for each dog to be housed in the kennel; and the types and/or size of dogs to be housed at the kennel to ensure that the shelter is suitable to the breed and age of dog to be housed there, with such area to meet minimal space requirements as set forth by the Agriculture and Markets Law of the State of New York so as to allow the dog to move about in a natural manner, light, are and temperature sufficient to protect the dog.
C.
Kennels must be maintained to ensure that the interior spaces are structurally sound and in good repair to keep the dogs contained therein from injury. The must be no rust, jagged edges or sharp points. No stacking of kennels without a solid bottom shall be permitted.
D.
Kennels must provide sufficient shelter to allow dogs to be sheltered from inclement weather.
E.
Kennels must separate dogs where appropriate, including separation of incompatible dogs, female dogs in heat and male dogs, vicious and other dogs, adult dogs and puppies (other than the mother with nursing puppies) and dogs with contagious disease and healthy dogs.
F.
Kennels shall be periodically inspected by the Dog Control Officer at least once a year or at such other shorter period as determined to be appropriate by the Dog Control Officer to ensure that the dogs are properly cared for. The Dog Control Officer shall inspect the kennel for the purpose of determining amount other things:
(1)
That the dogs are being properly fed at suitable intervals, with wholesome food appropriate for the breed and age of the dog and sufficient to maintain a reasonable level of nutrition in each dog. The food shall be served in a suitable receptacle, dish or container that has been physically cleaned.
(2)
That the dogs are being properly watered with a constant supply of clean, fresh, potable water in a sanitary manner.
(3)
That the kennel is properly being maintained as clean, structurally sound and in good repair with no rust, jagged edges or sharp points.
(4)
That all dogs over four months of age are properly licensed and have received the required rabies shots.
(5)
That all dogs are provided the opportunity for daily exercise.
G.
The special permit for operating a kennel may be revoked if it is determined by the Dog Control Officer that the operator of the kennel is not operating the kennel in the manner required by this section.
(1)
If the Dog Control Officer has determined that the kennel is not being operated in accordance with the requirements of this section, the Dog Control Officer shall notify the operator of the kennel as to any deficiencies that he has found in the operation of the kennel.
(2)
Upon receipt of the notice from the Dog Control Officer of the alleged deficiencies, except in the case of failure to provide food and water, the operator shall have 30 days to correct such deficiency and the Dog Control Officer shall inspect the kennel at the end of such thirty-day period to determine whether it has been corrected.
(3)
If the Dog Control Officer determines that it has not been corrected, the Dog Control Officer shall notify the Town Board of the failure to comply, and a hearing shall be held before the Town Board upon 15 days' notice to the operator.
(4)
If the Town Board determines that the operator is not operating in accordance with the requirements of this section, the Town Board shall revoke the special permit for the kennels operation.
(5)
In the case where the deficiency detected by the Dog Control Officer is the failure to provide food and water, the Dog Control Officer shall immediately remove the dogs and place them in a suitable shelter. The cost of housing such dogs at such shelter shall be at the sole cost of the operator of the kennel. The operator of the kennel shall be entitled to a hearing before the Town Board on 15 days' notice to the operator, and if the Town Board determines that the operator is not operating in accordance with the requirements of this section, the Town Board shall revoke the special permit for the kennel.
§ 450-27.2 Shipping containers.
[Added 10-12-2021 by L.L. No. 10-2021]
A. SHIPPING CONTAINER
Definitions. As used in this section, the following terms shall have the meanings indicated:
A reusable vessel that is originally, specifically, or formerly designed for or used in the packing, shipping, movement, or transportation of freight, articles, goods, or commodities and is also designed for or capable of being mounted or moved on a rail car, truck trailer, or loaded on a ship.
B.
Shipping containers, generally.
(1)
All shipping containers shall comply with the New York State Building Code and New York State Fire Prevention Code. Items shall not be placed on, against, or adjacent to the shipping container.
(2)
Shipping containers for permanent storage in residential districts, R1, R2, R3, and R-A zones, are prohibited within the Town of Newstead, except in conjunction with an agricultural operation as set forth at § 450-15A(1).
(3)
Shipping containers shall not be modified or retrofitted for habitation.
(4)
All shipping containers, except those for temporary use, shall be placed in either the side or rear yard and must meet accessory structure setbacks for the applicable zoning district.
(5)
Shipping containers may not be placed within any drainage easements or otherwise impede drainage of any property.
(6)
Shipping containers, except those for temporary use, shall not occupy any pedestrian walkways or landscape areas.
(7)
Permanent use of a shipping container will require a permit and paid fee.
C.
Temporary usage of shipping containers.
(1)
Temporary usage is defined as usage for 45 days or less.
(2)
Temporary usage is allowed in all districts without a permit.
(3)
Shipping containers shall be allowed in any zoning district in conjunction with an authorized construction project and shall be removed within 10 days after completion of the project.
§ 450-28 Bed-and-breakfast special rules and regulations.
[Added 12-13-1999 by L.L. No. 4-1999]
A.
Bed-and-breakfast establishments must be approved by special permit. A site plan must accompany the application which must be reviewed by the Planning Board which must then make its recommendations to the Town Board. The issuance of the special permit will require a fire inspection which must be made by the Town's Building Department and an annual fire inspection thereafter by the Town's Building Department.
B.
Bed-and-breakfast establishments will all be subject to the following special requirements, and failure of the bed-and-breakfast to follow such requirements will result in the revocation of the special permit to operate a bed-and-breakfast.
(1)
Smoke detectors shall be installed in each guest room and in adjacent hallways and corridors. All emergency exits shall be obvious and clearly identified.
(2)
The architectural integrity and arrangements for interior spaces must be maintained and the number of guest rooms shall not be increased, except as required to meet health, safety and sanitary requirements.
(3)
All off-street parking shall be regulated in accordance with Articles VIII of the Code. Parking areas for four or more vehicles may require adequate screening from adjacent residential uses, if deemed necessary by the Town.
(4)
Accommodations shall not exceed four guest rooms.
(5)
The length of stay at a bed-and-breakfast establishment shall not exceed 14 days.
(6)
No external modification of the structure shall be allowed in conjunction with the creation of a bed-and-breakfast, and no visible evidence of the conduct of the establishment shall be allowed other than the posting of one sign, in accordance with the Code.
(7)
The applicant must be the owner and a full-time resident of the establishment, and the bed-and-breakfast use shall be subordinate and incidental to the residential use of the structure.
(8)
The serving of meals at the premises shall be limited to lodgers. No cooking or cooking facilities shall be permitted in individual guest rooms.
§ 450-29 Exceptions to yard requirements.
A.
Front yard exceptions.
(1)
Except for Subsection A(2) below, a required front yard need not exceed the average of those of existing buildings within a distance of 500 feet on either side of the lot to be developed.
(2)
For Town roads the front setback shall be a minimum of 50 feet from the edge of the paved portion of the road. To provide for future street widening and for future protection from increased traffic volumes, required front yards for all uses fronting on any state or county highway shall be a minimum of 65 feet as measured from the edge of the paved portion of the road.
[Amended 5-14-2018 by L.L. No. 2-2018]
B.
Side yard exception for corner lots. On a corner lot where the rear lot line coincides with a side lot line of an adjoining lot, the required width of the exterior side yard shall not be less than the front yard requirement along the street on which the exterior side yard abuts.
C.
Rear yard exception for through lots. On a through lot where the rear lot line coincides with a street line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply on that portion of a through lot where a front yard equivalent is required.
§ 450-30 Roadside stands.
All roadside stands shall be a minimum of 25 feet from the edge of the pavement.
§ 450-31 Visibility at intersections.
No sign, fence, wall, hedge, shrub planting or tree foliage which obstructs vision at elevations between three and seven feet above the street level shall be placed or maintained within the triangular area formed by two intersecting street lines and a line connecting points thereon 30 feet distant from their point of intersection.
§ 450-32 Access to solar energy.
To the fullest extent feasible, building heights and other obstructions to sunlight shall be regulated (on southerly lots) to provide adjoining northerly lots the following level of access to sunlight: Sunlight shall be available to rooftop solar collectors for approximately three hours before and three hours past solar noon on November 1 (the east-west limits of skyspace determined by the hours; the lower limit determined by the month).
§ 450-33 Exceptions to height limitations.
The following are excepted from the height limitations of this chapter:
A.
Chimneys, flues, spires and belfries.
B.
Flagpoles, radio or television antennas, masts or aerials, located on a building and extending not more than 20 feet above the roof of such building.
C.
Elevator or stair bulkheads, roof water tanks or cooling towers, including enclosures, provided that such structures, in the aggregate, do not occupy more than 10% of the roof area.
D.
Solar energy systems.
§ 450-34 Temporary structures or uses.
The following temporary structures shall be deemed to be permitted uses in all zoning districts:
A.
A temporary structure or use incidental to construction work, including a nonilluminated sign, not exceeding 12 square feet in area, of any contractor, engineer or architect for a period of time not to exceed one year, provided that such structure shall be removed forthwith upon the completion or abandonment of the construction work.
B.
The temporary use of a dwelling as a model home for a period of time not to exceed three months.
§ 450-35 Automotive use areas.
A.
Any portion of a lot, with the exception of one- and two-family homes, used for open off-street parking, and including but not limited to reservoir space for open sales, service or storage areas for motor vehicles, contractor's equipment or boats, shall be deemed to be an automotive use area and shall be subject to the following requirements:
(1)
Surfacing. Every automotive use area and access driveway thereto shall be surfaced with a durable and dustless material and shall be graded and drained as to dispose of surface water and accumulations.
(2)
Lighting. Any fixture used to illuminate any automotive use area shall be so arranged as to direct the light away from the street and from adjoining premises in any R District.
(3)
Screening. Every automotive use area, except off-street parking areas for fewer than five vehicles, shall be screened from any adjoining lot in any R District by a landscaped buffer of no less than five feet in width. Such buffer shall be landscaped and maintained by the owner.
(4)
Access. No entrance or exit to an automotive use area shall be permitted within 30 feet of any intersecting street lines, and, except for permitted residential off-street parking areas, no entrance or exit shall be permitted within 10 feet of a lot in any R District.
B.
Gasoline service stations or public garages shall be subject to the following regulations:
(1)
No part of any building used as a gasoline service station or public garage and no filling pump, lift or other service appliance shall be erected within 25 feet of any R District boundary.
(2)
In connection with any gasoline station or public garage, no gasoline or fuel pump, no oiling or greasing mechanism and no other service appliance shall be installed within 35 feet of any street line.
(3)
Two reservoir spaces for each gasoline pump shall be provided on the lot for waiting vehicles. Such reservoir spaces shall not include space at the pump or required parking space.
(4)
Storage of gasoline shall be as recommended by the National Fire Protection Association and approved by the New York State Department of Environmental Conservation.
[Amended 5-24-2021 by L.L. No. 2-2021]
(5)
There shall be no use of the lot except for landscaping or screening within 20 feet of a lot in any R District.
§ 450-36 Fences and walls.
[Amended 6-13-2005 by L.L. No. 2-2005]
A.
The maximum height for fences and walls and permitted locations shall be:
(1)
In R Districts:
(a)
The maximum height of fences in front yards within 30 feet of the right-of-way shall be three feet, but the maximum height of fences in front yards shall be four feet at a point 30 feet back from the right-of-way.
(b)
The maximum height of fences in rear and side yards shall be six feet.
(c)
Walls and decorative markers are restricted within the right-of-way and shall be limited to three feet in height. Any wall or decorative marker in excess of three feet in height must go before the Town Board for approval.
(2)
In all other districts: eight feet in any yard.
B.
Exceptions.
(1)
Fences for tennis courts in any district shall not exceed 12 feet in height.
(2)
Fences intended for the enclosure of deer, elk and other animals regulated by the DEC in the R-A Zoning District shall not exceed 10 feet in height.
(4)
Residential uses in nonresidential districts shall be governed by regulations pertaining to R Districts.
(6)
Historical stone fences shall be protected and shall be permitted to remain in their existing location, unless they are determined to create a hazardous condition, and shall be allowed to be maintained at their present location and at their present height notwithstanding that such may not otherwise conform to the Zoning Law requirements.
C.
For special provisions regarding setbacks of certain fences in the R-A District, see § 450-15A(1).
D.
The Building Inspector/Zoning Officer shall be responsible for reviewing fences, walls and decorative markers to determine if they are in compliance with this provision.
§ 450-37 Private swimming pools.
A.
A building permit shall be required for the construction, erection, excavation or alteration of any private swimming pool.
B.
A separate building permit, unless included in the swimming pool permit, shall be required for any pump house, filter house, pool enclosure or any other structure exceeding 80 square feet associated with the swimming pool.
C.
All swimming pools and associated structures shall conform to the New York State Uniform Fire Prevention and Building Code.
D.
The location of swimming pools shall be subject to the same minimum yard requirements as are required for principal buildings in respective districts.
E.
All swimming pools shall be enclosed within a fence having a minimum height of four feet. Where such fencing is provided by the basic pool structure, separate fencing shall not be required.
§ 450-38 Lot grading, importation of fill and site work.
[Amended 10-26-1998 by L.L. No. 1-1998; 4-9-2012 by L.L. No. 2-2012; 5-14-2018 by L.L. No. 2-2018]
A.
All individual lots shall be graded in a manner which will avoid surface water runoff on adjacent lots and which will divert water away from buildings, prevent standing water and soil saturation detrimental to structures and lot use, preserve desirable site features, provide grades for safe and convenient access to and around buildings and lots and conform to the general storm drainage pattern for the area.
B.
A fill permit for the importing of fill with the intent to change elevations for placement on any lot shall be required. The fee for the fill permit shall be established by the Town Board by resolution from time to time. Each application for a fill permit must be accompanied by a site drainage plan prepared by a licensed surveyor or engineer (at the discretion of the Code Enforcement Office). The site drainage plan must address all issues set forth in § 450-101 of the Code and, in addition, address the drainage issues on all parcels directly adjacent to the permitted parcel.
C.
No on-site activities shall be permitted where applications have been made for site plan approval or subdivision approval until such approval is obtained.
§ 450-39 Storage of equipment and materials.
[Amended 4-24-1997 by L.L. No. 1-1997]
A.
It is the intention of this section to prevent outside sale of equipment and materials as a business enterprise within the Town of Newstead while allowing residents to dispose of their own surplus equipment and materials.
B.
To provide visual protection from the storage of equipment and materials, such storage in any zoning district shall be within completely enclosed buildings or, if left open to the sky, shall be effectively screened from public view. Screening shall be of sufficient height and density to completely hide the storage from public view. In certain cases, fencing may be necessary to supplement landscaping. All screening (fences, landscaping or combinations of each) shall be maintained in such manner as to present a neat and orderly appearance at all times. No storage shall be allowed in any front yard.
C.
Notwithstanding the above provision, equipment and materials may be displayed for sale in connection with a garage sale which shall be permitted to run for not more than 10 consecutive days with not more than three such garage sales to be permitted per year per property. It is the intention of this section to prohibit the outdoor sale of equipment and materials within the Town of Newstead, as a business enterprise, except where specifically authorized by the Zoning Law. This section shall not apply to farm equipment, farm equipment sales and service dealers or auction barns and flea markets, exclusive of livestock within the C-2 Commercial District.
§ 450-40 Parking and storage of motor vehicles.
[Amended 4-24-1997 by L.L. No. 1-1997; 12-9-2002 by L.L. No. 5-2002]
It is the intention of this section to provide a deterrent to the accumulation of junk motor vehicles on properties within the Town of Newstead while allowing residents to have a winter and summer vehicle.
A.
Outdoor parking or storage of a motor vehicle, as defined in the Vehicle and Traffic Law of the State of New York, shall be limited to one unlicensed and unregistered motor vehicle displayed in public view for sale, storage or maintenance for a period up to one year. Such unlicensed and unregistered motor vehicle may be allowed beyond such one-year period, provided it has a current valid inspection sticker on it. Any motor vehicle above the one motor vehicle allowed under this provision must be contained completely within an enclosed building.
B.
Licensed junkyards, licensed repair shops and licensed new and used motor vehicle dealers shall be exempt from the provisions of this section. Licensed automobile repair shops shall be exempt from this provision for a period of 90 days if such motor vehicle is being held pending settlement of an insurance claim or if abandoned by the registered owner.