Phelps Town City Zoning Code
ARTICLE VIII
Supplementary Regulations
§ 145-42 Lot height; yard regulations.
Lot regulations.
Lot frontage. The minimum lot frontage of any lot shall be measured along the minimum building setback line as required for the district in which it is located.
Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter; and, if already less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
Minimum lot sizes where there is no public water or sewer. Unless the regulations of the district in which they are located require greater lot areas or widths, the following regulations shall apply:
Not served by public water or sewer. Lots not served by a public water or sanitary sewer system or other systems approved by the Division of Sanitation, New York State Department of Health, shall not be less than 100 feet frontage at the building line and not less than one acre in area.
[Amended 10-3-1994 by L.L. No. 2-1994]
Not served by public sewer. Lots served by a public water system and an individual on-lot sewage disposal system such as a cesspool or septic tank shall not be less than 100 feet frontage at the building line nor less than 15,000 square feet in area.
Minimum lot size for two or more family dwellings. Lots to be developed with private water supply and sewage disposal systems or private sewage disposal systems for two or more family dwelling structures may require larger lot sizes and widths than are specified above and because of unusual subsoil or geological conditions found to exist on the particular location in question. In such cases, the minimum lot area otherwise required shall be increased where necessary to the extent required to allow the proposed water and/or sewage installation to operate effectively in order to protect the public health, safety and welfare. Detailed plans for such water and/or sewage systems shall be submitted to the Code Enforcement Officer and approved by him/her before a building permit shall be issued. The suitability of the proposed systems shall be certified by the New York State Department of Health and/or the County Board of Health having jurisdiction.
Height regulations.
General application. No building or structure shall have a greater number of stories or greater number of feet than are permitted in the district where such building is located.
Permitted exceptions. Height limitations stipulated elsewhere in this chapter shall not apply to open amusement uses, church spires, belfries, cupolas and domes, monuments, water towers, chimneys, smokestacks, flagpoles, radio and television towers, masts and aerials; or to parapet walls, except that no parapet wall may extend more than four feet above the limiting height of the building; or to farm buildings or structures on farms, provided that these farm buildings are not less than 40 feet from every lot line.
Yard regulations.
Side yard of corner lot. The side street setback line of any corner lot shall not be less than 1/2 of the depth of the minimum front yard required on any adjoining lot fronting on a side street. Any corner lot delineated by subdivision after the adoption of this chapter shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on the side street.
The type of district for a lot being in more than one zoning district is that district at the minimum front yard line.
[Added 2-1-1988 by L.L. No. 1-1988]
Projections into required yards. Certain architectural features may project into required yards as follows:
Cornices, canopies, eaves or other similar architectural features may project into side yards.
Fire escapes may project into side and rear yard.
Bay windows, balconies, fireplaces, uncovered stairways and necessary landings and chimneys may project into yards.
Patios may be located in side and rear yards; provided, however, that such patio shall be no closer than 10 feet to any side or rear lot line.
[Amended 10-3-1994 by L.L. No. 2-1994]
Additional yards required where commercial and industrial uses abut residential districts. All uses permitted in commercial or industrial districts, which abut, at the lot line, or are on the same street as a Residential District, shall provide yards, where they abut, to at least the minimum yard requirements in accordance with such Residential Districts.
Accessory structures.
Minimum yard regulations.
Unattached accessory structures in Residential Districts. Accessory structures, which are not attached to a principal structure, may be erected in accordance with the following restrictions:
Attached accessory structures in Residential Districts. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
Accessory structures in other districts. Accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory and shall not be closer to any rear property line than 10 feet.
§ 145-42.1 Use of stored or parked recreational vehicles for nontransient purposes, as a non-temporary residence or for non-temporary living or sleeping purposes.
[Added 6-14-2021 by L.L. No. 4-2021]
It shall be unlawful and a violation of this Chapter to use a stored recreational vehicle for nontransient purposes, as a non-temporary residence or for non-temporary living or sleeping purposes.
Except as specifically permitted in this section, it shall be unlawful and a violation of this Chapter to use a parked recreational vehicle for nontransient purposes, as a non-temporary residence or for non-temporary living or sleeping purposes.
Use of a stored or parked recreational vehicle in violation of this Chapter is declared to constitute a nuisance and shall be subject to abatement as provided in § 105-5.
It shall be lawful to use a parked recreational vehicle for nontransient purposes, as a non-temporary residence or for non-temporary living or sleeping purposes only as follows:
Persons traveling with a recreational vehicle may reside in the recreational vehicle when parked upon private residential property with the host's permission on a temporary basis, from April 1st to November 1st in a single calendar year. Water must be available from the host and holding tanks must be emptied as required at an approved dump station.
Persons to whom a valid residential building permit is given may reside in a recreational vehicle on a temporary basis, subject to the provisions of paragraph E of this section, while the principal residential structure is being constructed or while a damaged residential building is being repaired, for so long as the building permit remains in force. Water must be available and holding tanks must be emptied as required at an approved dump station.
Persons whose recreational vehicles are located in an approved recreational vehicle park may reside in such recreational vehicle, subject to the provisions of paragraph E of this section.
When the use of a parked recreational vehicle is otherwise lawful subject to the requirements of this section, such parked recreational vehicle shall be supplied with a water and septic or sewer connection and shall not be occupied by a greater number of persons than the number of beds such recreational vehicle can reasonably accommodate.
§ 145-43 Nonconforming uses of buildings and/or land.
[Amended 8-2-1982 by L.L. No. 1-1982; 4-2-1984 by L.L. No. 1-1984]
Continuation of existing uses. Except as otherwise provided in this chapter, the lawfully permitted use of buildings and/or land existing at the time of the adoption of this chapter and any amendments thereto may be continued, although such use does not conform to the standards specified in this chapter for the district in which such building or land is located. These uses shall be deemed nonconforming uses and are subject to the following regulations:
A nonconforming use of a building and/or land shall not be changed to another nonconforming use, unless the Zoning Board of Appeals shall, after a public hearing held upon notice, finds it is a nonconforming use similar to or less nonconforming than the immediately preceding use. However, the use shall not be found to be similar or less nonconforming:
If it is operated later any afternoon (meaning after 5:00 p.m.), nor if it is operated earlier any day (meaning before 9:00 a.m.), than the immediately preceding use;
If it shall include changing from a use which did not involve the sale of nonalcoholic beverages to a use involving the sale of alcoholic beverages; or
If it shall include changing from the sale of food and/or beverages primarily for off-premises consumption to the sale of the same primarily for on-premises consumption.
If the nonconforming use of a building or land or any portion thereof ceases for any reason for a period of two years or more or is changed to a conforming use, any future use of such building and/or land or the portion thereof shall conform to the provisions of this chapter. However, if the legally existing nonconforming use is interrupted by a natural catastrophe or accidental cause beyond the control of the owner of the premises, such preexisting nonconforming use may be resumed, with any reconstruction to be of the same size and on the same location, with such reconstruction to be completed and such use resumed within two years from the date of such interruption.
The nonconforming use of land shall not be increased to cover a greater area or a different portion of the premises. A nonconforming use conducted in part of a building shall not be extended to any other part of the building, nor may such building be enlarged or added to for the purpose of extending or increasing such nonconforming use. A building that is conforming in use, but does not conform as to the height, yard, parking, loading or land coverage requirements of this chapter, shall not be added to or structurally altered to increase any nonconformity.
If a business goes out of business, it cannot be grandfathered onto the next owner.
[Added 10-3-1994 by L.L. No. 2-1994]
§ 145-43.1 Use of stored or parked recreational vehicles for nontransient purposes, as a non-temporary residence or for non-temporary living or sleeping purposes.
[Added 6-14-2021 by L.L. No. 4-2021]
It shall be unlawful and a violation of this Chapter to use a stored recreational vehicle for nontransient purposes, as a non-temporary residence or for non-temporary living or sleeping purposes.
Except as specifically permitted in this section, it shall be unlawful and a violation of this Chapter to use a parked recreational vehicle for nontransient purposes, as a non-temporary residence or for non-temporary living or sleeping purposes.
Use of a stored or parked recreational vehicle in violation of this Chapter is declared to constitute a nuisance and shall be subject to abatement as provided in § 105-5.
It shall be lawful to use a parked recreational vehicle for nontransient purposes, as a non-temporary residence or for non-temporary living or sleeping purposes only as follows:
Persons traveling with a recreational vehicle may reside in the recreational vehicle when parked upon private residential property with the host's permission on a temporary basis, from April 1st to November 1st in a single calendar year. Water must be available from the host and holding tanks must be emptied as required at an approved dump station.
Persons to whom a valid residential building permit is given may reside in a recreational vehicle on a temporary basis, subject to the provisions of paragraph E of this section, while the principal residential structure is being constructed or while a damaged residential building is being repaired, for so long as the building permit remains in force. Water must be available and holding tanks must be emptied as required at an approved dump station.
Persons whose recreational vehicles are located in an approved recreational vehicle park may reside in such recreational vehicle, subject to the provisions of paragraph E of this section.
When the use of a parked recreational vehicle is otherwise lawful subject to the requirements of this section, such parked recreational vehicle shall be supplied with a water and septic or sewer connection and shall not be occupied by a greater number of persons than the number of beds such recreational vehicle can reasonably accommodate.