Lot for every building.

Yard and open space for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as any part of the yard or open space for any other building; no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.

Subdivision of a lot. Where a lot is formed hereafter from the part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing buildings and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.

Oversize lots. A lot which does not conform to one or more of the minimum dimensional requirements of this chapter for the district in which it is located, but contains within its boundaries the potential outlines for a lot which would conform to all of the applicable requirements of this chapter, shall be deemed to be a conforming lot within the meaning of this chapter.

Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of this chapter shall be applied.

Lots underwater or subject to flooding. No more than 25% of the minimum area requirement of a lot may be fulfilled by land which is underwater or subject to flooding. Land which is underwater that is open to use by persons other than the owner of the lot shall be excluded entirely from the computation of the minimum area of that lot. For the purposes of this section, land in the bed of a stream not exceeding five feet in width at mean water level, land in any pond not exceeding 300 square feet in area and land in any pond created subsequent to the creation of the lot shall not be considered as "underwater."

Required street frontage. No building permit shall be issued for any structure unless the lot upon which that structure is to be built has at least the amount of frontage required in the district in which the lot is located on a street which has been suitably improved to Town road or private road standards, or a bond posted therefor, all in accordance with the provisions of § 280-a of the Town Law.

Lots not conforming to area, frontage or other dimensional requirements. A building permit may be issued for the creation of a structure on a lot or parcel that does not conform to the area, frontage or other dimensional requirements of this chapter only when a valid conveyance has been signed and the conveyance recorded prior to the adoption of this chapter. In addition, the lot must have met the zoning requirements in place at the time the deed to the lot was recorded. All yard setbacks and other requirements which are in effect at the time of the obtaining of the building permit must be complied with, insofar as is feasible. However, if the owner of the lot owns a contiguous lot or lots, then the other lot or lots or so much thereof as may be necessary shall be merged with the nonconforming lot in order to bring that lot into conformance or, to as great an extent as is practical, to reduce or eliminate any nonconformities that may exist on any of the lots. At that time, a building permit may be issued for construction on the newly created lot.

Parts of lot not counted toward area requirements. For any lot created by subdivision subsequent to the effective date of this chapter, no part of such lot less in width than 1/2 of the minimum requirement for the district in which it is located shall be counted as part of the minimum required lot area, except where such insufficient width is the result of the Planning Board having modified the frontage requirement of a lot abutting a turnaround terminating a dead-end street.

Average density subdivisions. Simultaneously with the approval of a subdivision plat for property in any single-family residence district and pursuant to § 281 of the Town Law, at the request of the applicant, the Planning Board is authorized to modify the zoning regulations with respect to lot area and dimensions, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the permitted minimum lot area in such district, and that there shall not be a greater average density of population, or cover of the land with more buildings or building coverage than is permitted in such district, and further provided that no lot shall have less than 80% of the minimum area and dimensions required for lots in such district. For the purpose of this section, "average density" shall be determined by the number of single-family residences which could be built under the zoning district standards contained in this chapter in full conformity with the Town's Land Subdivision Regulations[1] and all other applicable requirements. The basis for this determination by the Planning Board shall be a conventional preliminary subdivision plat for the subject property.

Special setback requirements. In order to assure that all new development in residence districts is appropriately located on the individual lots so as to achieve the purposes established in Article I of this chapter, the Planning Board is hereby authorized to establish special setback requirements for all structures in residence districts. Such special setback requirements may be established where the Planning Board has determined that the minimum setback requirements established for the particular residence district in which a lot is located would, alone, be inadequate to assure the appropriate relationship of buildings to sites, other buildings, adjacent properties or roads. Such special setback requirements shall in no case be less than the existing setback requirements for the specified district in which such lot is located. In determining whether such special setback requirements should be required, the Planning Board shall utilize the following criteria:

Lots made dimensionally nonconforming as a result of the adoption of the rezoning local laws of 2006. Any lawfully existing lot which met the minimum dimensional requirements of the zoning district in which it was located prior to the adoption of local laws of 2006 but was made dimensionally nonconforming as a result of the adoption of said local laws may continue to be used and developed as a single lot in accordance with the dimensional requirements of the zoning district in which said lot had previously been located. Notwithstanding the foregoing, the Planning Board may still require special setbacks, as provided elsewhere in this chapter, if said Board determines such to be appropriate.

Terraces. A paved terrace shall not be considered in the determination of floor area ratio or yard requirements; provided, however, that such terrace is without roof, awnings, screens, walls, parapets or other forms of enclosure. Such terrace, however, may have a guard railing, low wall or fence, but such terrace shall not project into any yard to a point closer than five feet from any lot line.

Porches, carports and garages. No porch may project into any required yard. Any two-story or enclosed porch or garage, or one having a roof and capable of being enclosed, shall be considered a part of the building in determining the yard requirements, the amount of lot or building coverage and/or, except for garages, the gross floor area.

Projecting horizontal features. Features such as window sills, steps, belt courses, chimneys, cornices, eaves or bay windows may project up to three feet into any required yard, but not nearer than eight feet to the lot line in any case, provided that the area of such architectural features on any wall shall not exceed 1/4 the area of said wall.

Fire escapes. Open fire escapes may extend into any required yard.

Projecting features above the roof level. The height limitations of this chapter shall not apply to flagpoles, antennas, church spires, belfries, cupolas and domes not used for human occupancy. They shall not apply to chimneys, ventilators, skylights, solar energy collectors, water tanks, bulkheads or similar features and necessary mechanical appurtenances usually carried above the roof level, provided that such features shall be screened in a manner approved by the Architectural Review Board and shall be erected only to a height necessary to accomplish the purpose they are intended to serve, but shall not extend more than nine feet above the roof without the approval of the Board of Appeals, except that such features may extend no more than 12 feet above the roof without the approval of the Planning Board in the DOB-20A Zoning District or without the approval of the Board of Appeals in any other zoning district for buildings of 100,000 square feet or more and, except for solar energy collectors, that the total area covered by such features shall not exceed 15% (20% for buildings of 100,000 square feet or more) of the area of the roof on which they are located.

Parapet walls. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament and without windows extending above such height limit less than five feet.

Walls and fences.

Visibility at intersections. On a corner lot, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said street right-of-way lines at points which are 30 feet distant from the point of intersection, measured along said street right-of-way lines. The height of three feet shall be measured above the road surface at the nearest edge of road travelled way. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground.

Corner lots. On any corner lot, except in an R-5 District, there shall be provided a side yard on the side street equal in depth to the required front yard on said lot.

Exception for existing alignment of buildings. If on one side of a street within 250 feet of any lot there is pronounced uniformity of alignment of the fronts of existing buildings and of the depths of front yards greater or less than the depth specified in the Schedule of District Regulations,[2] a front yard shall be required in connection with any new building which shall conform as nearly as practicable to those existing on the adjacent lots, except that no such building shall be required to be set back from the street a distance greater than 75 feet.

Awnings. No awning or similar weather-shielding feature projecting beyond the property line of any lot into the sidewalk portion of a street shall be erected or maintained on any building, unless such awning or feature shall be firmly attached to the building and is at all points at least eight feet above the sidewalk area.

Swimming pools. All swimming pools shall be considered structures and shall be set back from lot lines at least the minimum distance required for a principal building in the district in which it is located, except that a swimming pool shall not be located in a front yard unless it is set back at least three times the distance required for a principal building and unless the lot area is equal to at least three times the minimum required. The minimum required setbacks established for swimming pools shall also apply to cabanas and decks or terraces surrounding said pool, as well to all structures and mechanical equipment or other appurtenances related to the pool's use and operation. In addition, such pools shall conform to the requirements of the New York State Uniform Fire Prevention and Building Code.

Landscaping, screening and buffer areas. All portions of multifamily and nonresidential properties which are not used for locations for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes shall be suitably landscaped and permanently maintained with planting of trees and shrubbery, in accordance with specifications approved by the Planning Board as part of the site plan, so as to minimize erosion and stormwater runoff and harmoniously blend such uses with the residential character of the Town as a whole.

Exterior lighting. All exterior lighting accessory to a multifamily or nonresidential use, and all lighting of recreational facilities accessory to a residential use, including the lighting of signs, shall be of such type and location and shall have such shielding as will prevent the source of the light from being seen from any adjacent residential property. Hours of lighting may be limited by the Planning Board in acting on any site development plan. Where site development plan approval is not required, the Building Inspector shall refer the building permit application to the Town Engineer, who may limit the hours of lighting as a condition of building permit approval.

Refuse disposal. Adequate facilities for disposal of refuse shall be provided in all districts. No incinerators shall be permitted. In multifamily and nonresidential districts, all refuse disposal units or locations for deposit must also be screened from view and designed in such fashion as to be fireproof and to prevent access by rodents and blowing away of refuse.

Dish antennas. Satellite dish antennas shall be permitted as an accessory use in any zoning district, subject to the following requirements. A property owner may appeal to the Zoning Board of Appeals pursuant to § 355-77B(3) if he believes that conformance with any of the provisions of this subsection will result in practical difficulty or unnecessary hardship which would deprive him of the reasonable use of his property.

Power generators, noise-producing equipment and aboveground fuel tanks. All power generators, noise-producing equipment and aboveground fuel tanks shall be subject to the following requirements, except for preexisting installations:

Conformity required. No sign or billboard shall be erected, constructed, displayed, maintained, moved, reconstructed, extended, enlarged or structurally altered, except in conformity with and as expressly authorized by the provisions of this chapter.

Relationship to a permitted use. All signs must pertain to a use conducted on the same property on which they are located. In OB, DOB-20A, PBO-2A, PBO, PLI, RELIP and IND-AA Districts, signs shall give only the name of the occupant or company occupying the premises and/or the name of the industrial park.

General regulations.

Permits. A sign shall be considered a structure, and a building permit shall be obtained for the erection, relocation or structural alteration of any sign. A building permit shall be required for any temporary sign exceeding one square foot in area and intended for display for more than seven days. Temporary signs of one square foot in area or less and intended for display for seven days or less may be erected on private property without a permit. Site plan approval shall be required for any sign which pertains to a use for which site plan or special permit approval is required.

Signs in residence districts. In residence districts, in conformance with all other regulations of this chapter, signs are hereby permitted as follows:

Signs in nonresidential districts. In nonresidential districts, in conformance with all other regulations of this chapter, signs are hereby permitted as follows:

Nonconforming signs. Every sign which is made nonconforming by this chapter shall be discontinued and removed, or changed to conform to the standards of this chapter, within a period of 18 months from the date of notification of nonconformity by the Building Inspector. Any preexisting nonconforming sign shall be subject to the removal or discontinuance provisions of the ordinance which made it nonconforming.

Findings and legislative intent.

Approval required. In any zoning district, no steep slope area, as defined herein, hilltop or ridgeline shall be disturbed in any manner, except as may be necessary to protect life or property in the event of an emergency, unless a disturbance permit shall have been granted by the Building Department or unless such disturbance permit is granted by the Planning Board pursuant to a request by the Residential Project Review Committee (RPRC) or an approved site plan, special permit, subdivision or variance. In connection with an application for such a permit, or in connection with any application for a building permit, site plan, subdivision, special use permit or variance, the applicant shall submit information indicating the location of any areas of steep slope on the subject property and any hilltop or ridgeline which is visible from any public street or other public property. The approval authority shall not grant the necessary permit or approval if there is another alternative which, in the sole opinion of the approval authority, is reasonable and practical and would help to preserve the steep slope, hilltop or ridgeline. If, however, the approval authority determines that some disturbance of such feature is necessary or appropriate, said authority may permit such disturbance, provided that the nature and extent of the disturbance is limited to the minimum amount practicable, consistent with the legislative intent of this section, and further provided that appropriate design and engineering techniques are employed which serve to minimize any potential environmental impacts. Any existing development which is located on a steep slope, hilltop or ridgeline is hereby determined to be conforming and to have the required permit, provided it is otherwise lawfully in existence on the effective date of this section.

Standards and requirements.

Findings and legislative intent. The attractive visual character of the Town of North Castle is in significant measure attributable to the views from along its public roadways. For that reason, as well as for purposes of preservation of scenic character and protection of property values, the Town of North Castle desires to preserve the historic, cultural and natural resources, including stone walls, significant vegetation and scenic vistas, which are located along, or are visible from, its scenic roadways. Specifically, the Town finds that:

Scenic roadways.

Future scenic roadway designation. From time to time the Town Board of the Town of North Castle shall, on its own motion, or upon recommendation of any Town board, committee or other organization or group, identify and designate roadways within the Town of North Castle as scenic roadways. The procedure for designation shall be as follows:

Site plan approval.

Procedure. Where site plan review by the Planning Board is required under the terms hereof, the procedures set forth in § 355-26H(1) and (2) shall apply.

Standards and decision. In reviewing any site plan submitted pursuant to this section and issuing its decision in connection therewith, the provisions of § 355-26H(3) and (4) shall apply and the Planning Board shall also take into consideration the following: