Phelps Town City Zoning Code
ARTICLE VI
General Regulations
§ 145-21 Conformance required.
No building, structure or land shall be used or occupied and no building or part thereof shall be erected, moved, enlarged or structurally altered unless in conformity with the regulations of this chapter, except that any existing building or use may be continued and any building or other improvements may be maintained or repaired.
§ 145-22 Supplementary regulations.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations:
Frontage upon a public street. Every principal building shall be built upon a lot with frontage upon a public street improved to meet the standards of the Town of Phelps.
Lot for every residential building. Every residential building hereafter erected shall be located on a lot, as herein defined, and there shall be not more than one residential building on one lot, except as specifically permitted elsewhere in this chapter. If more than one lot is located on a piece of property, each lot must meet the requirements of this chapter.
Parking space. Off-street parking space shall be provided as specified in Table 1[1] and shall be provided with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated unless otherwise stated and shall not thereafter be encroached upon or reduced in any manner. No permanent parking facilities shall be permitted in any required front yard.
Attached accessory buildings. An accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building.
Detached accessory buildings.
[Amended 8-10-2020 by L.L. No. 3-2020]
When the principal structure on a lot is a dwelling, detached accessory buildings shall be located to the rear of the front building line and shall comply with the provisions of the schedule governing their location.
When the principal structure on a lot is anything other than a dwelling, detached accessory buildings shall be located to the rear of the rear building line and shall comply with the provisions of the schedule governing their location.
Through lots. Where a single lot under individual ownership extends from a street to a street, the widest street shall be deemed the street upon which the property fronts.
Corner lots. Corner lots shall provide the minimum front yard requirements for the respective district for both intersecting streets.
Provision of yard or other open space. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.
Intersection of two or more streets. At the intersection or interception of two or more streets, no hedge, fence or wall higher than three feet above the grade of the road, nor any obstruction to vision, shall be permitted on any lot nearer than 30 feet from either street or property line nor in the area forming a triangle when these points are connected.
[Amended 10-3-1994 by L.L. No. 2-1994]
Lot frontage and traffic plan. Where a building lot has frontage upon a street which on the traffic plan or Official Map of the Town of Phelps is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.
New structures on existing lots less than the required minimum lot area. A permit may be issued for the erection of a building on a lot or parcel for which a valid conveyance has been recorded or contract of sale has been signed and the conveyance recorded prior to the adoption of this chapter, notwithstanding that the area of such lot or parcel is less than that required for the district in which such parcel or lot lies, provided that all yard setbacks and other requirements which are in effect at the time of the obtaining of the building permit are complied with insofar as such is feasible, and provided that the owner of such a lot or parcel does not own other lots or parcels contiguous thereto. If this be the case, such other lots or parcels, or so much thereof as might be necessary, shall be combined with the original lot or parcel to make a single conforming lot or parcel, whereupon a permit may be issued, but only for such combined lots or parcels even though their total is less in area than required by this chapter for the district in which they lie. In the case of contiguous lots or parcels acquired by a municipal corporation through foreclosure proceedings prior to or subsequent to the adoption of this chapter, these lots or parcels shall be sold in such manner that they may comply with the requirements of this section.
§ 145-23 Regulations.
The restriction and controls intended to regulate in each zoning district are set forth in the attached schedule and supplemented by other schedules of this chapter.[1]
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
§ 145-24 Off-street parking.
In all districts, in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces in accordance with the requirements set forth herein. The number of required off-street parking spaces shall be the number required for the entire building structure.
Size and access.
Each off-street parking space shall have an area of not less than 200 square feet exclusive of access drives or aisles, and each parking space shall have a minimum width of 10 feet. Except in the case of one- and two-family residences, no parking area provided hereunder shall be established for fewer than three spaces.
There shall be adequate provision for ingress and egress to all parking spaces. Access drives or driveways shall not be less than 10 feet wide.
Parking for churches, synagogues and houses of worship. The number of required off-street parking spaces may be eliminated or reduced if there exists within 500 feet of the church, synagogue or house of worship public or private parking lots containing a sufficient number of off-street parking spaces to satisfy the requirements of Table 1. The church, synagogue or house of worship must provide the difference if the number of parking spaces in the private or public lots is below the number required by Table 1. Any spaces provided in public or private lots must be shown to be legally available for worshipers on the day or days of greatest use.
Table 1 Minimum Off-Street Parking Requirements | |
|---|---|
Use | Minimum Required Off-Street Parking Spaces |
Dwelling [Amended 10-3-1994 by L.L. No. 2-1994] | 2 for each dwelling unit |
Apartments | 1 for each apartment |
Churches, synagogues and houses of worship | 1 for each 5 seats |
Community buildings, country clubs, social halls, lodges, fraternal organizations and similar uses | 1 for each 200 square feet of floor area used in connection with the operation |
Professional offices or home occupations permitted in a Residential Zone | 1 for each dwelling, plus 5 spaces |
Motels and rooming houses | 1 for each rentable unit |
Funeral home or mortuary | 10 spaces |
Garage or automobile repair shop | 10 spaces |
Restaurant or other eating place | 1 space for each 5 seats |
Retail or service business | 1 space for each 300 square feet of floor area |
Wholesale, storage or other commercial building | 1 space for each 1,000 square feet of floor area |
Bowling alley | 4 spaces for each alley |
Nursing home | 1 space for each 3 beds |
Manufacturing, industrial and general commercial | 1 for each 1,000 square feet, plus 1 for each 4 employees in the maximum working shift |
NOTE: For structures and land uses that do not fall into the categories listed above, a reasonable and appropriate requirement for off-street parking requirements shall be determined in each case by the Board of Appeals, which shall consider each new use based on the factors involved. |
§ 145-25 Off-street loading.
In any district, in connection with every building or building group or part thereof hereafter erected which is to be occupied by manufacturing or commercial uses or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same zone lot with such building, off-street loading berths in accordance with the requirements of Table 2 following.
Size and location. Each loading space shall be not less than 10 feet in width and 35 feet in length and shall have a minimum clearance of 14 feet and may occupy all or any part of any required yard.
Joint facilities for parking or loading. Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as a required space for more than one use unless otherwise approved by the Board of Appeals in accordance with the purposes and procedures set forth herein.
For retail and service establishments, commercial, wholesale, manufacturing, storage and miscellaneous uses, the following parking requirements apply:
Table 2 Minimum Off-Street Loading Requirements | |
|---|---|
Required Off-Street Loading Floor Area (square feet) | Berths |
From 5,000 to 25,000 | 1 |
From 25,000 to 40,000 | 2 |
From 40,000 to 60,000 | 3 |
From 60,000 to 100,000 | 4 |
For each additional 50,000 | 1 additional or fraction thereof |
§ 145-26 Minimum living areas.
[Amended 5-16-1988 by L.L. No. 2-1988]
In any district, in connection with every building used as a residence or dwelling, there shall be a minimum living area in accordance with the requirements of Table 3 following:
Table 3 Schedule of Minimum Living Areas | |
|---|---|
Type | Minimum Living Areas (square feet) |
Single-family dwelling | 720 |
Manufactured home | 840 |
Seasonal dwelling | 600 |
2-family dwelling, per unit | 600 |
Multiple-family dwelling, per unit | 500 |
Residential conversions, per unit | 600 |
§ 145-27 Fences.
[Added 7-2-1990 by L.L. No. 2-1990]
No fence in an R-1 District shall exceed six feet in height, except that such fences shall not exceed four feet in height in front yards.
No barbed or electric fence shall be located in an R-1 District.
No fence in a C-1 or M-1 District shall exceed eight feet in height, except that such fences shall not exceed four feet in height in a front yard.
Fences for kennels and for the purpose of enclosing farmland and horses and cattle shall not exceed eight feet in height.
Fencing used to enclose a tennis court on a residential property may be permitted up to 10 feet in height, provided that such fencing is not less than 25 feet from all side and rear lot lines.
Except as hereinabove set forth, all fences must be erected on the property lines, and no fence or portion of fence shall be erected within or so as to encroach upon a public right-of-way. The better side of the fence shall face the neighbor.
[Amended 10-3-1994 by L.L. No. 2-1994]
All fences shall be maintained in a safe, sound and upright condition.
§ 145-28 Satellite dishes.
[Added 7-2-1990 by L.L. No. 2-1990]
No person shall cause, suffer or permit the erection and/or maintenance of any parabolic dish or other antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical signals from space satellites, except as set forth herein:
Any such antenna shall be located in the side or rear yard. No more than one satellite antenna shall be located on any residential lot. On a corner lot, no antenna shall be located in a front yard of a street or highway on which said lot fronts.
No antenna shall be installed until a building permit has been granted as provided herein.
No antenna shall be located over or upon an easement.
The diameter of such dish shall not exceed 12 feet, and its height shall not exceed 20 feet. If installed on a building, its height shall not exceed six feet above the roofline nor 30 feet above the highest ground level of said building.
No part of a satellite antenna or its installation shall be within five feet of the side or rear lines of the lot on which it is located.
The antenna shall be of such solid color or earth tone to reduce or eliminate as far as possible aesthetic concerns of residents of adjoining properties. The antenna shall be maintained in good repair and condition and in said color or tones. The color of such antenna shall be solid and black, brown, beige or similar in color.
The installation of such antenna shall be performed in a good and workmanlike manner and designed to assure that no safety problem shall be reasonably anticipated from electrical, wind, weather or other condition.
No display or advertising of any kind shall be permitted on any part of the satellite antenna.
§ 145-28.1 Preservation of topsoil.
[Added 3-14-2016 by L.L. No. 2-2016]
No topsoil shall be removed from any property located within the R-AG District except in conformance with this section.
For all property within the R-AG District, where lowering of the existing topography is to take place, the owner of the property shall protect the existing topsoil on the site by:
Identifying the depth of the topsoil.
Segregating the topsoil/A horizon of the natural soil and, if not utilized immediately, stockpiling this material separately from other spoil, and providing needed protection from wind and water erosion or contamination.
Once the site has been rough-graded and is in the process of being prepared for replacement of topsoil that has been temporarily removed, the site shall first be decompacted, which helps mitigate the impacts of soil compression/soil compaction during construction on a site.
Topsoil removed shall be redistributed in a manner that:
Achieves an approximately uniform and stable thickness and is consistent with the preapproved grading and drainage systems. Soil thickness may also be varied to the extent such variations help meet the revegetation goals.
Prevents excess compaction of the topsoil and soil underneath.
Protects the topsoil from wind and water erosion before and after seeding and planting.
Exemptions. The provisions of this section shall not apply to:
The removal of topsoil as an incidental part of normal agricultural practices, such as greenhouse operations and nurseries for horticultural products; normal agricultural practices specifically do not include the sale of topsoil as a stand-alone product from any properties located within the R-AG District.
Where an applicant for site plan approval can demonstrate through a professionally engineered grading and drainage plan(s) that requiring the topsoil to remain on the property would prevent the construction of any buildings, structures, driveways, or any other facilitates/improvements for which the property is currently zoned.
The removal of topsoil as an incidental part of road building within the limits of the right-of-way of any Town, county or state highway or for the sole purpose of building roads and slopes incidental thereto which lie within the area of a subdivision approved by the Town of Phelps Planning Board.
The removal of topsoil as an incidental part of buildings and/or structures constructed on any farm (as that term is defined within § 145-4).
The removal of topsoil in connection with the construction and installation of public/municipal water and/or sewer lines.
In addition to any penalty, restitution, abatement or other remedy permitted by this chapter:
Anyone violating this section shall, at his or her expense, replace all the topsoil taken from a property with topsoil that shall be of equal or greater quality than that removed from such property. Said restoration of the topsoil shall take place within nine months of being found in violation of this section.
To the extent that this section is in conflict with any other section of this chapter, the more-restrictive section shall apply.