Pierrepont Town, NY Zoning Ordinance

Pierrepont Town City Zoning Code

ARTICLE IV

Regulations Applicable to All Districts

§ 205-14 Accessory structures and uses.

Procedure. On any lot accessory structures(s) or use(s) in connection with the principal building or use may be constructed and located subject to the following process:

(1)

All accessory structures or uses shall require a Zoning/Building Permit to be issued prior to their initiation and a certificate of compliance upon their completion unless otherwise provided for in this chapter.

(2)

Accessory structures or uses listed in Column A of Table 1 (found at the end of § 205-14) do not require a zoning/building permit, provided they 1) comply with the New York State Uniform Fire Prevention and Building Code, and 2) comply with specific standards listed for particular accessory structures or uses.

(3)

Accessory structures or uses listed in Column B of Table 1 require a zoning/building permit to be issued prior to their initiation and certificate of occupancy upon their completion, but do not require site plan review.

(4)

Accessory structures or uses listed in Column C of Table 1 require a zoning/building permit to be issued prior to their initiation, site plan approval, and a certificate of occupancy upon their completion.

Applicable standards. Accessory structures and uses shall be governed by the following standards unless otherwise specified.

(1)

All structures or uses accessory to a residence shall be consistent in character and use with the principal residential use and the adjacent neighborhood.

(2)

Accessory structures and uses in conjunction with another use requiring a conditional use, site plan review, or planned development district shall be determined with the review process for any conditional use, site plan, or planned development district.

(3)

No accessory structure shall be closer than five feet to a principal structure or any other structure, unless it is attached to such principal or other structure.

(4)

Accessory structures or uses shall conform with all regulations for such principal use unless otherwise specified.

(5)

Unless specifically waived, all accessory structures or uses shall fully comply with requirements of this chapter applicable to the principal building.

(6)

Generally, accessory structures and uses shall not be located within a required front setback. Permitted signs and accessory structures or uses listed in Column A of Table 1 may be located within required setbacks, except domestic pet houses and uninhabited structures less than 250 square feet in size must still satisfy setback requirements.

(7)

Specific standards for certain accessory structures or uses.

(a)

Private swimming pool:

[1]

An enclosure of at least four feet in height shall be provided around swimming pools to prevent accidental or unauthorized entry.

[2]

Every gate or other opening in the enclosure shall be self-closing and self-latching.

[3]

Where the proposed pool is of such height or design that a protective enclosure is not required or is impractical, the Enforcement Officer may, at his or her discretion, issue a permit for the erection of such pool without such enclosure. The Code Enforcement Officer shall, however, first make a finding that the pool has equal protection from entry as would be afforded by the erection of an enclosure as required above.

[4]

No lighting or spotlighting shall project light rays beyond the lot lines of the lot on which such pool is located.

[5]

All setback requirements shall be satisfied.

(b)

Sign(s). Signs shall be regulated according to § 205-16, Sign regulations.

(c)

Boathouse(s), dock(s) or pier(s). The required setback from the waterfront side of the lot shall be waived for such structures.

(d)

Outdoor vending machines(s), automatic teller machines. No more than two outdoor vending machines shall be permitted per lot. Such uses or structures may be located in the front yard but must respect the required front setback.

(e)

Fences. Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen an area of land.

[1]

All open fences and opaque and solid fences no taller than six feet in height are permitted without a zoning permit or site plan approval, provided such fencing is:

[a]

Set back at least two feet from any lot line;

[b]

Does not block adequate visibility of oncoming traffic at intersections or driveways; and

[c]

Projects a finished side outward towards adjoining lots.

[2]

Fences not satisfying these standards shall require site plan review. Such fencing shall be permitted if the applicant can show that it is in the best interest of the community and neighborhood with respect to health, safety, or general welfare concerns of the Town.

(f)

Certain domestic animal shelter(s). No structure to provide shelter for sheep, horses, goats, chickens or other fowl shall be permitted in the Hamlet or Rural Residential Districts unless such structure shall provide a minimum setback from all residential lots of 75 feet.

(g)

Accessory apartment.

[1]

Accessory apartment. A housing unit that is self-contained with separate cooking facilities, but is principally incorporated within an existing structure that was originally designed for a single-family residence and will not be substantially altered.

[2]

Purpose. Allowing one accessory apartment per principal structure permits homeowners to stay in their homes and neighborhoods in the face of fixed or reduced incomes, changing space needs, health care needs, and rising expenses for utilities, taxes, and maintenance without significantly impacting the surrounding neighborhood.

[3]

Standards.

[a]

Only one apartment shall be created within a single-family house.

[b]

The apartment shall be a complete, separate housekeeping unit that can be isolated from the original unit.

[c]

The owners of the residence in which the accessory structure is created shall occupy at least one of the dwelling units on the premises.

[d]

The accessory apartment shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that on a one-family residence. In general, any new entrances shall be located on the side or in the rear of the building; any addition shall not increase the square footage of the original house by more than 25%.

[e]

The design and size of the apartment shall conform with the NYS Uniform Fire Prevention and Building Code.

[f]

Adequate off-street parking shall be provided in accordance with the parking and loading regulations.

(h)

Accessory residence. A dwelling unit as an accessory residence to a principal structure or use may be located on the same lot, provided that a separate lot could be formed for each residence which would comply with all lot area, width, setback and sanitary requirements in which the property is located.[1]

[1]

Editor's Note: Original Sec. 14B(7)i, which regarded accessory boarding, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(i)

Home occupations.

[1]

Definition. As used in this section, the following terms shall have the meanings indicated:

HOME OCCUPATION

A business operated out of a home; specifically, it is defined as an accessory occupation or business activity which results in a product or service for financial gain that is conducted in whole or part on the residential premises.

[2]

Purpose. The intent of regulations governing home occupations is to balance the increasing importance and community benefits of allowing work in the home while still protecting the character of the surrounding neighborhood, particularly adjacent residential uses, from intrusions and nuisances that can occur from business that operate out of a home.

[3]

Prohibited home occupations. The following businesses are prohibited as home occupations: automotive vehicle repair, body shop, vehicle painting, salvage yard, auto or vehicle sales, commercial outdoor storage or parking uses. These uses may be permitted as a conditional use in some districts of the Town. (See § 205-13, Conditional use standards.)

[4]

Standards for permitted home occupations. Home occupations are permitted if they meet all of the following standards:

[a]

The total area of all home occupation businesses shall be limited to 50% of the dwelling's gross floor area.

[b]

Such use shall employ no more than the equivalent of two full-time employees other than residents of the dwelling.

[c]

Adequate off-street parking shall be provided to accommodate traffic related to the business activity.

[d]

Instruction to students and services to clients or customers shall be limited to no more than 12 persons at any one time.

[e]

Storage of equipment, heavy vehicles or machinery, supplies or raw materials associated with the business shall be screened from roadways and adjacent residential uses. However, up to two business vehicles may be parked in the driveway. Firewood storage is exempt from this standard.

[f]

The home occupation shall produce no undue disturbance caused by unreasonable noise, smoke, vibration, fumes, dust, odors, glare or other nuisance.

[g]

Home occupations that do not satisfy the standards established for a permitted home occupation shall be treated as an application for a specific business use in the district. Home occupations that violate these standards shall be considered to violate the zoning regulations.

[h]

Appeal. An applicant or operator of a home occupation that does not satisfy or violates the standards for a permitted home occupation may apply to the Zoning Board of Appeals for a variance from this chapter.

[5]

Storage of unlicensed vehicles. The storage of up to five unlicensed vehicles is permitted if no more than two unlicensed vehicles are visually unscreened from residences and roadways. Storage of unlicensed vehicles that exceed these standards shall be considered a salvage yard.

[6]

Recycling collection facility. Such use shall be permitted as an accessory use if the standards for a recycling collection facility in § 205-13, Conditional use standards, is satisfied.

Table 1 Accessory Uses and Structures
Accessory Structure: A structure subordinate to the principal use or building on a lot and used for purposes customarily incidental to the principal use of the lot.
Accessory Use: A use subordinate and customarily incidental to the principal use or building on a lot.
Treatment of Accessory Structures and Uses
A No Permit Required	B Permit, But No Site Plan Review Required	C Permit and Site Plan Review Required
Planters Flagpole Birdhouses, bird baths bird feeders Wading/ornamental pool (less than 24 inches deep) Fences [see § 205-14B(7)(e)] Antennas; satellite dishes Domestic pet houses Signs not requiring permits Playhouses or tree houses Security gates Inward directed outdoor lighting Playground recreational equipment Mailbox Storage of personal recreational vehicle or equipment Walkway, railing, stairs Storage structures no larger than 250 square feet Firewood storage Home occupation that does not involve construction or alteration requiring a building permit Unlisted accessory structures or uses incidental and commonly associated with the principal use	Garage; car port Storage structure between 251 square feet to 500 square feet Private swimming pool Deck; porch; gazebo; balcony Farm Stand Agricultural structures associated with an agricultural operation Automatic teller machine Boathouse, dock, pier Home occupation that requires a building permit	Solid fences over 6 feet in height Storage structures greater than 500 square feet in size

§ 205-15 Off-street parking and loading requirements.

Purpose. It is the objective of this section to provide standards for providing adequate off-street parking and loading of motor vehicles in an orderly and efficient manner that retains the function of the road network and protects the health, safety, and general welfare of the public.

Procedure. Any structure or use requiring a permit under this chapter shall comply with the parking, loading, and design standards specified in this section.

Design.

(1)

Parking space. The minimum size of each parking space shall measure nine feet in width and 18 feet in length, not including any required maneuvering aisle, public road, right-of-way, or easement, but having direct access to a public road.

(2)

Driveway. A required driveway shall be a minimum of 10 feet wide and no greater than 20 feet wide. Existing driveways may be surfaced or reconstructed to within one foot of an adjoining property line. Newly constructed driveways may be built to within three feet of an adjoining property unless it will be shared with the adjoining property owner. A driveway shall not alter the natural drainage to drain onto adjacent property. No more than two driveways (excluding field entrances) per parcel per street shall be allowed.

(3)

Circulation. Parking facilities shall be designed so as to eliminate the need for vehicles to back out onto state or county roads, and to provide an orderly and safe circulation system to route traffic on the site.

(4)

Surface condition. When more than five parking spaces are required on a parcel the parking area shall consist of a designated and improved area composed of a minimum of six inches of compacted stabilized surface consisting of gravel, crushed stone, blacktop, concrete or a combination thereof.

(5)

Front yard parking. No parking space for a commercial use shall be located closer than 10 feet from the front yard lot line.

(6)

Sight lines. Driveways shall be located so that any vehicle leaving the driveways shall have clear and unobstructed views for a reasonable and safe sight distance to any oncoming traffic, considering the marked speed limit in the area and the quantity of traffic.

(7)

Maintenance. All required parking spaces and circulation aisles shall be available for parking and loading and not to be used for the storage of unlicensed vehicles, materials, or waste disposal facilities.

Off-street parking and loading guidelines. Unless specifically waived by the Planning Board under the site plan review, the Zoning Board of Appeals through an area variance, or the Town Board under the planned unit development review, the following minimum standards shall apply for each type of uses set forth below. The Planning Board may require a greater number of parking or loading spaces if it is warranted by the nature and scale of a proposed use.

Residential Uses	Minimum Number of Parking Spaces
One-family dwelling, two-family dwelling, mobile home, multiple-family dwelling	2 parking spaces for every dwelling unit
Accessory apartment or accessory mobile home	1 parking space per dwelling unit
Home occupation	A minimum of 1 parking space for every nonresident employee working on the premises, plus one parking space for every business vehicle stored on the premises.
Public/Institutional Uses
Church, place of worship	1 parking space for every 6 seats to capacity
Health care facility, medical offices	1 parking space per employee on the largest work shift, plus three parking spaces for every physician
Library, museum, community center	1 parking space for every 400 square feet of gross floor area
Membership club, lodge	1 parking space for every 300 square feet of gross floor area
Residential health care facility, nursing home	1 parking space for each visiting physician, plus 1 parking space per employee on the largest work shift, plus 1 parking space for every 6 patient beds
Day care, preschool	1 parking space per employee on the largest work shift, plus 1 loading space for every 6 children/students
Retail, Commercial And Service Uses
Hotel, motel, inn, boardinghouse	3 parking spaces for every 2 rooms, plus 1 parking space per employee on the largest shift
Convenience store, grocery	1 parking space per 300 square feet of gross floor area, but no fewer than 4 spaces
Restaurant, tavern, bar	1 parking space for every 4 seats to capacity
Vehicle services or repair	1 parking space per 400 square feet of gross floor area, plus adequate store area for disabled vehicles awaiting repair
Gas station	1 parking space per employee on the largest shift, plus 1 parking space for each service bay
Vehicle, farm implement, mobile home sales or rental	1 parking space per employee on the largest shift, plus 1 parking space per 1,000 square feet of gross business area
Lumberyard, building supplies, plumbing, heating or electrical supplies	1 parking space per 600 square feet of gross business area.
Campground, commercial communications facility	1 parking space per employee on the largest shift, plus 2 guest parking spaces
Bus terminal, mass transit station	1 parking space per employee on the largest shift, plus 2 loading spaces
Auto wash	1 parking space per employee on the largest shift, plus 4 stacking spaces per bay
Shooting range	1 parking space per target to the maximum capacity of the facility
Bowling alley	4 parking spaces per lane
Roadside produce stand	If located on a county or state highway, then 2 parking spaces or 1 parking space per 200 square feet of gross floor area shall be provided, whichever is greater; parking areas on grass or dirt are permitted
Other retail, service, and office uses	1 parking space per 400 square feet of gross floor area
Shopping center	1 parking space per 250 square feet of gross floor area
Industrial Uses
Junkyard, salvage yard, recycling operation	1 parking space per employee on the largest shift, plus 1 parking space per 10,000 square feet of gross business area
Storage, distribution or wholesale use	1 parking space per employee on the largest shift or 1 parking space per 1,000 square feet of gross business area, whichever is greater, plus loading spaces of sufficient quantity and size to accommodate the type and frequency of vehicles generated by the use
Recycling of beverage containers, packaging material, and paper	2 loading spaces
Other industrial uses	1 parking space per employee on the largest shift
Uses not specifically listed	Other uses not specifically listed shall provide adequate parking to meet parking needs on the premises as required by the Planning Board; the Planning Board shall use the above list as a guide for determining requirements for unlisted uses

Mixed uses. In the event several uses occupy a single structure or parcel of land, the total requirements shall be the sum of the requirements of the several uses computed separately. Employees working at more than one use on the parcel shall not be double-counted when computing the required number of parking spaces.

Shared parking. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be demonstrated by the applicant that their operations and parking needs do not overlap in point of time. If the uses, structures, or parcels are under separate ownership, the right to joint use of the parking space must be evidence by a deed, lease, contract or other appropriate written document to establish the joint use.

§ 205-16 Sign regulations.

Purpose. The purpose of this section is to promote and protect the public health, welfare and safety by regulating advertising visible from public roads and other outdoor graphics for commercial gain. This chapter is intended to protect property values, maintain an attractive business climate, protect the physical appearance of the community and preserve the scenic and open space character of the Town. This chapter is further intended to reduce distractions and obstructions that may contribute to traffic accidents or safety hazards.

Definitions. As used in this section, the terms "sign" and "sign area" shall have the meanings set forth in § 205-28 of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Administration.

(1)

Permits. No sign shall be erected, moved, enlarged or reconstruction without a sign permit issued by the Code Enforcement Officer except for signs permitted without a permit as listed later in this section, provided they fully conform with all regulations of this section.

(2)

Procedure.

(a)

Sign permit applications shall be submitted to the Code Enforcement Officer accompanied by the following plans and information:

[1]

The name, address and telephone number of the applicant and sign contractor or erector.

[2]

The location of the lot of which the proposed sign will be located by street address, tax parcel identification number, or distance to the nearest crossroad.

[3]

An accurate site plan sketch showing lot lines, public roads, driveways, setbacks, the location of existing and proposed signs, and the sign area of all existing signs.

[4]

A scale drawing showing the proposed sign, including supporting structure, sign content and sign face size, and method of illuminating the sign, if any.

(b)

The Code Enforcement Officer shall, within 15 days of receiving a complete application either approve or deny the sign permit as regards this section or the regulations governing nonconforming structures. An application with insufficient information to determine compliance with this chapter should be returned to the applicant with a written statement of what additional information is needed.

(3)

Fees. Fees for application for a sign permit shall be established by the Town Board and may be revised from time to time.

(4)

Enforcement. The Code Enforcement Officer shall be responsible for enforcing this section. Alleged violation shall be investigated upon the receipt of a written and signed complaint or at the direction of the Town Board or Town Planning Board.

General regulations.

(1)

Construction standards. All signs shall comply with the New York State Fire Prevention and Building Code regarding construction, materials, erection and electrical fixtures.

(2)

Maintenance standards. All signs shall be maintained in a safe and neat condition. Structural damage, missing letters, deterioration rendering the sign unreadable, or outdated or inaccurate sign contents shall be remedied or the sign removed within 60 days at the landowners expense. No additional sign permits shall be granted to locate additional signs on property that is currently violating these maintenance standards.

(3)

Placement standards.

(a)

No building sign shall extend beyond the roofline or the end of the wall to which it is attached or project out away from the structure more than four feet.

(b)

Signs shall not be located in road rights-of-way nor extend beyond the lot lines of the parcel on which the sign is located.

(c)

Freestanding signs shall not be located within 10 feet of any lot line or extend more than 20 feet above adjoining ground level.

(d)

Sign placement shall not obstruct safe sight lines from roads or driveways.

(4)

Illumination standards.

(a)

No sign shall flash or include artificial light that is not maintained stationary and constant in intensity and color at all times.

(b)

Illumination shall not constitute a safety hazard or nuisance by reason of the intensity or direction of illumination onto adjacent residential premises or public roads.

(c)

Signs shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the premises on which it is located is open for business.

(5)

Prohibited signs.

(a)

No sign, except for traffic, regulatory or informational sign, shall use the words "stop," "caution," or "danger," or shall incorporate red, amber, or green lights resembling traffic signals, or shall resemble "stop" or "yield" signs in shape or color.

(b)

No sign shall be larger than 48 square feet.

(c)

Off-premises signs (billboards) shall be no larger than 32 square feet.

(d)

No sign shall be attached to unregistered motor vehicles, trailers or other wheeled structures or vehicles. This restriction does not apply to magnetic business signs attached to registered vehicles or "for sale" signs.

(e)

Rotating signs shall be prohibited.

(6)

Nonconforming signs. Legally existing nonconforming signs shall be treated as nonconforming structures (see § 205-19).

Signs allowed without sign permits. The following signs are permitted in all zoning districts without sign permits, provided such signs conform to the provisions of this chapter:

(1)

Identification sign. A sign no larger that two square feet in area bearing only the address and name of the occupants of the premises or other identification of the premises not having commercial connotations.

(2)

Regulatory signs. Signs regulating the use of a property, such as "no hunting," "no parking," "enter" and "exit," or warning the public of potential hazards, such as "slippery walk" or "beware of dog," provided each regulatory sign is no larger than four square feet in area and has no commercial connotation.

(3)

Bulletin board. One bulletin board for and on the premises of a public, charitable, or religious institution, provided the sign area does not exceed 48 square feet in area.

(4)

Governmental signs. All signs erected or posted and maintained by the Town are permitted and exempt from this section.

(5)

Temporary signs. Unlighted temporary signs are permitted, provided the sign area per lot does not exceed nine square feet, nor is mounted on or attached to a motor vehicle, trailer or other wheeled vehicle or structure. Temporary signs shall not be displayed for continuous period to exceed 30 days in any six-month period.

(6)

Holiday commemorations. Decorations commemorating nationally or locally recognized holidays or religious events are permitted and may incorporate lights in these decorations to the extent the display does not interfere with neighboring uses or cause a safety hazard.

(7)

Nonilluminated sign. One nonilluminated sign not to exceed six square feet shall be permitted per lot.

Additional signs allowed by permit. Additional signage not to exceed the following sign area budgets are allowed after receipt of a sign permit.

(1)

Rural residential and resource protection districts. A sign budget of 32 square feet of sign area shall be permitted per lot for all additional signs on the premises, provided such signs conform to the provisions of this chapter.

(2)

Hamlet, Agricultural-Residential, Open Countryside and Planned Unit Development Districts. A sign budget totalling the greater of 80 square feet, or 12 feet per business, of sign area shall be permitted per lot for all additional signs on the premises, provided such signs conform to the provisions of this chapter.

§ 205-17 Temporary uses and structures.

Authorization. Temporary uses and structures are permitted in all zoning districts, provided they comply with the regulations in this section.

Temporary uses or structures allowed without a zoning permit. The following uses or structures are allowed without a zoning permit, provided they meet the requirements established for each of the following:

(1)

Garage sale.

(a)

Sales of tangible personal property shall be held on the premises of an owner of the property for sale.

(b)

Retail sales shall be conducted for no more than 14 days in any calendar year. Longer periods of business operations will classify the use as a permanent retail use rather than as a temporary use.

(2)

Emergency, construction, or repair residence. A residence (which may be a mobile home) that is:

(a)

Located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the person displaced by such disaster, and is removed upon completion of a new permanent residence; or

(b)

Located on the same lot as a residence that is under construction and occupied by the persons intending to live in such permanent residence when the work is completed, and is removed upon completion of the permanent residence; or

(c)

Located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site, and shall be removed upon completion of the construction project.

(3)

Estate, household or farm auction.

(a)

Such auction shall be held on the premises of an owner auctioning tangible personal property.

(b)

Such auction shall be conducted for no more than 14 days on any single lot in any single calendar year. More frequent auctions shall not be considered a temporary use of the land and must comply with all regulations applicable to a retail sales use.

(4)

Off-season storage of recreational vehicles. The temporary, off-season, outdoor storage of recreational vehicles is allowed, provided:

(a)

In the Hamlet District, such storage is prohibited from any front yard and shall be set back at least five feet from all lot lines, driveways excepted.

(b)

In all other zoning districts such storage shall be prohibited in the required front setback, but otherwise allowed.

(5)

Town-sponsored or approved use. Temporary uses or events sponsored or approved by the Town of Pierrepont, or any of its departments, offices or boards, including volunteer fire departments serving the Town, shall be permitted.

(6)

Motor vehicle sales. The sale and display of not more than two motor vehicles at any one time is permitted as a temporary use. Larger business operations shall be considered a permanent motor vehicle sales use.

Temporary uses requiring site plan review. The following temporary uses may be permitted after site plan approval by the Planning Board:

(1)

Temporary real estate sales office.

(2)

Outdoor concerts, religious tent meetings, carnival or circus.

(3)

Unlisted temporary residential uses involving mobile homes.

(4)

All other unlisted temporary uses.

§ 205-18 Mobile homes.

Purpose. The purpose of this section is to provide a definition for a mobile home and establish regulations for locating mobile homes in a manner that protects adjacent landowners and the safety and the general welfare of the Town. This chapter is further intended to recognize mobile homes as a legitimate source of affordable housing appropriate to certain areas of the community. Because quality and appearance varies greatly among mobiles homes, the regulations of this section are designed to ensure that newly located mobile homes are compatible with the surrounding neighborhood and that Town property values are protected. Consequently, it is the intention of this section to treat mobile homes differently based on their quality and appearance.

Definitions. As used in this section, the terms "Class A mobile home," "Class B mobile home," "Class C mobile home" and "mobile home" shall have the meanings indicated in § 205-28.[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1]

Editor's Note: So in original.

§ 205-19 Nonconforming lots, structures and uses.

Purpose.

(1)

It is the purpose of this section to provide for the regulation of legally nonconforming structures, lots of record, and uses and to specify those circumstances and conditions under which such nonconformity's shall be permitted to continue.

(2)

The zoning regulations are designed to guide future land use in Pierrepont by encouraging appropriate groupings of compatible and related uses and to promote and protect the public health, safety, and general welfare. The continued existence of nonconformities is frequently inconsistent with these purposes. Nonconformities may adversely affect planning development and may diminish the value of nearby property.

Nonconforming lots of records.

(1)

A nonconforming lot of record is any validly recorded lot which at the time it was filed with the County Clerk fully complied with all applicable laws but which does not fully comply with the lot requirements of this law concerning minimum area or minimum lot width. Lots created prior to any zoning law of the Town also are covered by this section.

(2)

A nonconforming lot of record may be used for any permitted or conditional use allowed in the district in which the lot is located provided the following conditions exist or are met:

(a)

For any use which is to be served by individual well and/or on-site sewage disposal, the nonconforming lot shall meet the New York State Department of Health's standards for such wells and sewage disposal systems as found in Appendix 75A of the New York State Code of Rules and Regulations.

(b)

Any structure or use located on a nonconforming lot shall provide front, side, and rear setbacks conforming to the minimums required for the district in which the lot is located, except as may be otherwise approved by the Board of Appeals under the area variance process provided in § 205-25.

Nonconforming uses. A nonconforming use is an activity using land, buildings, signs, or structures for purposes which were legal at the time they were established, but which would not be permitted to be established as a new use in the district in which it is located by the terms of this law. Any nonconforming use may be continued subject to the following provisions.

(1)

Discontinuance. Whenever a nonconforming use has been discontinued for a period of two years or more, any future use shall conform with the use regulations for the zoning district in which the site is located.

(2)

Change of use. If a nonconforming use is replaced by another use, the new use shall conform to this chapter. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. Changes from one nonconforming use to different nonconforming use is prohibited.

(3)

Additional nonconforming uses. No new nonconforming uses are permitted except as may be otherwise approved by the Zoning Board of Appeals according to the use variance process.

(4)

Expansion.

(a)

Nuisance-prone nonconforming uses. The following uses are considered nuisance-prone when existing as nonconforming uses and shall not be expanded or enlarged to occupy a greater area of land than was occupied by the nonconforming use at the effective date of this chapter except as may be otherwise approved by the Zoning Board of Appeals according to the use variance process:

[1]

Junkyard, salvage yard, or recycling operation.

[2]

Kennel.

[3]

Sales or rental of vehicles, mobile homes, or farm implements.

[4]

Wholesale or commercial storage use.

(b)

Other nonconforming uses. Other nonconforming uses may be expanded or enlarged by no more than a total of 50% of the square footage occupied by the use on the effective date of this chapter, provided such expansions comply with setback and height regulations. An area variance shall be required if setback and height regulations would not be satisfied.

(5)

Destruction. A nuisance-prone nonconforming use which has been destroyed or damaged by fire or other causes may be used as before, or reconstruction to the size that existed before said damage as measured in square footage. Other nonconforming uses may be reconstruction to 150% of the original size as measured in square footage, provided that the reconstruction shall not increase the encroachment into any required setback.

Nonconforming structures. A nonconforming structure is any building or structure legally existing prior to this chapter which does not comply with setback requirements of this chapter. Any nonconforming structure may be continued and maintained subject to the following provisions:

(1)

Expansion. A nonconforming structure may be expanded or enlarged, provided that such expansions will not further increase any existing nonconformities with setback or height requirements.

(2)

New or additional nonconforming structures. The introduction of any new or additional nonconforming structures is prohibited unless approved by the Zoning Board of Appeals according to the area variance process.

(3)

Destruction. A nonconforming structure which has been damaged by fire or other causes may be restored or reconstructed, provided the reconstruction shall not further aggravate setback or height regulation nonconformities more than the original structure. The owner of such reconstruction must apply for a building permit within two years of such occurrence.

(4)

Completion of structure. Nothing contained in this section shall require any change in the plans, construction or alteration of a structure for which a valid building permit has been issued and work has commenced prior to the effective date of this chapter.

(5)

Moving. Should any structure be moved for any reason or for any distance, it shall thereafter conform to the setback and height regulations for the district in which it is located after it is moved.

§ 205-20 State environmental quality review (SEQR).

The general purpose of the State Environmental Quality Review Act is to incorporate the consideration of environmental factors into planning, review, and decisionmaking processes of local governments at the earliest possible time. To this end, SEQR requires that all agencies determine whether the actions they directly undertake, fund, or approve may have a significant effect on the environment, and if it is determined that the action may have a significant effect of the environment, prepare or request an environmental impact statement. Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Code of Rules and Regulations are hereby adopted by reference. A summary discussion of the basic SEQR review procedures follow.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Completion of the SEQR process shall be required before an application is deemed complete. No final action shall be taken on an application until it has complied with SEQR. Therefore, time deadlines for review and decisionmaking on applications shall not begin until the SEQR process has been completed.

Actions subject to SEQR.

(1)

Projects or physical activities which meet at least one of the following criteria are subject to review under SEQR:

(a)

Are directly undertaken by the Town;

(b)

Involve funding by the Town;

(c)

Require a discretionary permit from the Town or its appointed boards.

(2)

If the proposed action does not require a discretionary decision, there is no requirement for review under SEQR.

Procedure.

(1)

Classification of action. If a proposed action is subject to review under SEQR, the first step is to classify the action into one of five categories.

(a)

Classes of action requiring no further review under SEQR:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1]

Exempt. These are actions such as maintenance, repair, emergency or nondiscretionary permitting which do not require further review. See 6 NYCRR Part 617 for the list of exempt actions.

[2]

Excluded. An action begun prior to November 1, 1978, or an action that receives environmental review under the authority of the Public Service Law or the Adirondack Park Agency. See 6 NYCRR Part 617 for the list of excluded actions.

[3]

Type II. An action that never produces significant environmental impacts and does not require the preparation of a determination of significance or a draft environmental impact statement (EIS). Type II actions are defined by the list in 6 NYCRR Part 617.

(b)

Classes of action which require further review under SEQR.

[1]

Type I. An action that is likely to produce significant environmental impacts and may require the preparation of a draft environmental impact statement. At a minimum, a full environmental assessment form (EAF) must be completed and a determination of significance made. Type I actions are defined by the list in 6 NYCRR Part 617.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[2]

Unlisted. All actions which are not Type I, Type II exempt, or excluded are considered unlisted. At a minimum, an unlisted action requires that a short EAF be completed and a determination of significance made which may require the preparation of a draft environmental impact statement (EIS).

(2)

Environmental assessment forms (EAF). An EAF must be completed for all Type I and unlisted actions.

(a)

Type I actions. A full EAF must be prepared for all Type I actions. The project sponsor/applicant completes Part 1 of the form and submits it to an involved agency. When the lead agency is established, that agency is responsible for completing Parts 2 and 3 of the full EAF.

(b)

Unlisted actions. A short EAF must, at a minimum, be completed for all unlisted actions. The project sponsor/applicant completes Part 1 off the form and submits it to an involved agency. When the lead agency is established, that agency is responsible for completing Parts 2 and 3 of the short EAF. Any agency may require a full EAF if the short EAF will not provide sufficient information to assess the environmental impact of the proposed action.

(3)

Establishment of lead agency.

(a)

If there is only one agency approving, funding or directly undertaking an action, that agency is automatically the lead agency. If there are two or more involved agencies, a lead agency must be established by agreement of the agencies within 30 calendar days. If the lead agency cannot be agreed on, any of the involved agencies or the applicant can petition the New York State Department of Environmental Conservation Commissioner to resolve the dispute and designate the lead agency.

(b)

For zoning actions reviewed by the Town, the following bodies shall be the lead agency, unless otherwise delegated by the Town Board.

[1]

Map or text amendments to the zoning regulations: Town Board.

[2]

Site plan and special permit applications: Planning Board.

[3]

Variances: Zoning Board of Appeals.

(4)

Determination of significance. The lead agency has 20 calendar days to make its determination of significance. If the lead agency finds that it does not have sufficient information to make this determination, it shall request that the applicant provide it. In determining significance the lead agency shall consider the whole action; the EAF and any other information provided by the applicant; any comments from involved agencies; the criteria in 6 NYCRR Part 617; and public comments.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(a)

Negative declaration.

[1]

A negative declaration means that the lead agency has determined that the proposed action will not have a significant effect on the environment and a draft EIS will not be prepared. Every negative declaration shall 1) identify the relevant areas of environmental concern; 2) analyze the identified concerns to determine if there will be a significant impact on the environment; and 3) document the determination, in writing, showing why the environmental concerns will not be significant.

[2]

The lead agency must maintain a file readily accessible to the public containing the EAF and the negative declaration. For a Type I action, the lead agency must additionally comply with filing and notice requirements described in 6 NYCRR Part 617.

(b)

Positive declaration.

[1]

If the lead agency determines, after review of the EAF, that the proposed action has the potential for a significant impact on the environment or community character, it shall prepare and file a notice of positive declaration and may require the preparation of a draft environmental impact statement (EIS) that includes information specified in 6 NYCRR Part 617.

[2]

The applicant has the right to prepare the draft EIS. If the applicant refuses to prepare the draft EIS, the lead agency has the option of preparing the draft EIS for the applicant or table the proposed action for lack of a complete application. If the lead agency decides to prepare the draft EIS, it may hire a consultant and charge the applicant a fee to recover the direct cost of preparation.

(5)

Acceptance of the draft EIS. After receiving a draft EIS, the lead agency has 30 days to determine whether the document is adequate for public review in terms of scope and content as described in 6 NYCRR Part 617. If the lead agency decides that the draft EIS is not adequate, it shall return the document to the applicant with a written identification of the deficiencies. If the lead agency determines that the draft EIS is adequate, it shall issue a notice of completion of a draft EIS and file it as prescribed in 6 NYCRR Part 617.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(6)

Public comment period. The notice of completion of a draft EIS starts the public comment period that must be a minimum of 30 days, during which all concerned parties are encouraged to offer their comments to the lead agency. The public comment period must continue at least 10 days following a public hearing, if one is held.

(7)

Optional public hearing. When the lead agency accepts the draft EIS, it must decide whether to hold a public hearing or not. If a hearing is held, the lead agency must comply with notice and filing requirements identified in 6 NYCRR Part 617. A hearing must provide at least 14 days of public notice and must start within 60 days from the date of filing the notice of completion of the draft EIS.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(8)

Preparation of the final EIS. The lead agency is responsible for the adequacy and accuracy of the final EIS regardless of who prepares it. The final EIS shall be prepared within 45 calendar days after the close of any public hearing or within 60 days after the filing of the draft EIS, whichever occurs last. The EIS shall consist of:

(a)

The draft EIS, including any revisions of supplements of it;

(b)

Copies or a summary of the substantive comments received and their sources; and

(c)

The lead agency's response to the comments.

(9)

Notice of completion of the final EIS. Upon completion or receipt of the final EIS, the notice of completion of the final EIS shall be prepared and filed as described in 6 NYCRR Part 617.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(10)

SEQR findings. All involved agencies shall prepare their own SEQR findings statement after the final EIS has been filed and before the agency makes a decision. The lead agency shall prepare its findings statement within 10 days to 30 days following the filing of the notice of completion of the final EIS. The findings statement should discuss the balance of environmental impacts versus the needs and benefits of the proposed action.

(a)

Positive findings statement. A positive findings statement means that the lead agency has determined that the proposed action is approvable after consideration of the final EIS and demonstrates that the action chosen is one that minimizes or avoids environmental impacts to the maximum extent practicable in terms of location, layout and design, scale or magnitude, timing, and use.

(b)

Negative findings statement. If the action is not approvable, the lead agency shall make a negative finding statement documenting the reasons for the denial. Findings of each agency must be filed with all other involved agencies and the applicant.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 205-21 Prohibited uses in all zoning districts.

The following uses are specifically prohibited in all zoning districts of the Town without a use variance:

Any use other than state-registered gun shops that involves the manufacture, sale or distribution of any highly combustible, explosive or radioactive material, excepting petroleum products.

Use of a travel trailer, motor vehicle, box trailer, bus, or Class B or Class C mobile home on a lot as a structure in which any goods are sold or stored, any services are performed, or other business is conducted.

Commercial dumps, landfills and hazardous waste incinerators.

The manufacture of fireworks.

More than two unlicensed vehicles located outside a legal junkyard, salvage yard or recycling operation.

No person shall use any of the lands within the Town of Pierrepont as a dump disposal area or sanitary landfill, nor shall any person throw, dump, deposit or place on such lands any waste material or rubbish, litter or any nauseous or offensive matter, nor dispose or attempt to dispose of any such materials or substances by buying the same on such lands, or burning or incinerating the same on such lands, except at such location and in such manner as established by the Town Board.

Pierrepont Town City Zoning Code

ARTICLE IV

Regulations Applicable to All Districts

§ 205-14 Accessory structures and uses.

Procedure. On any lot accessory structures(s) or use(s) in connection with the principal building or use may be constructed and located subject to the following process:

(1)

(2)

(3)

(4)

Applicable standards. Accessory structures and uses shall be governed by the following standards unless otherwise specified.

(1)

All structures or uses accessory to a residence shall be consistent in character and use with the principal residential use and the adjacent neighborhood.

(2)

(3)

No accessory structure shall be closer than five feet to a principal structure or any other structure, unless it is attached to such principal or other structure.

(4)

Accessory structures or uses shall conform with all regulations for such principal use unless otherwise specified.

(5)

Unless specifically waived, all accessory structures or uses shall fully comply with requirements of this chapter applicable to the principal building.

(6)

(7)

Specific standards for certain accessory structures or uses.

(a)

Private swimming pool:

[1]

An enclosure of at least four feet in height shall be provided around swimming pools to prevent accidental or unauthorized entry.

[2]

Every gate or other opening in the enclosure shall be self-closing and self-latching.

[3]

[4]

No lighting or spotlighting shall project light rays beyond the lot lines of the lot on which such pool is located.

[5]

All setback requirements shall be satisfied.

(b)

Sign(s). Signs shall be regulated according to § 205-16, Sign regulations.

(c)

Boathouse(s), dock(s) or pier(s). The required setback from the waterfront side of the lot shall be waived for such structures.

(d)

(e)

Fences. Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen an area of land.

[1]

All open fences and opaque and solid fences no taller than six feet in height are permitted without a zoning permit or site plan approval, provided such fencing is:

[a]

Set back at least two feet from any lot line;

[b]

Does not block adequate visibility of oncoming traffic at intersections or driveways; and

[c]

Projects a finished side outward towards adjoining lots.

[2]

(f)

(g)

Accessory apartment.

[1]

[2]

[3]

Standards.

[a]

Only one apartment shall be created within a single-family house.

[b]

The apartment shall be a complete, separate housekeeping unit that can be isolated from the original unit.

[c]

The owners of the residence in which the accessory structure is created shall occupy at least one of the dwelling units on the premises.

[d]

[e]

The design and size of the apartment shall conform with the NYS Uniform Fire Prevention and Building Code.

[f]

Adequate off-street parking shall be provided in accordance with the parking and loading regulations.

(h)

[1]

Editor's Note: Original Sec. 14B(7)i, which regarded accessory boarding, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(i)

Home occupations.

[1]

Definition. As used in this section, the following terms shall have the meanings indicated:

HOME OCCUPATION

[2]

[3]

[4]

Standards for permitted home occupations. Home occupations are permitted if they meet all of the following standards:

[a]

The total area of all home occupation businesses shall be limited to 50% of the dwelling's gross floor area.

[b]

Such use shall employ no more than the equivalent of two full-time employees other than residents of the dwelling.

[c]

Adequate off-street parking shall be provided to accommodate traffic related to the business activity.

[d]

Instruction to students and services to clients or customers shall be limited to no more than 12 persons at any one time.

[e]

[f]

The home occupation shall produce no undue disturbance caused by unreasonable noise, smoke, vibration, fumes, dust, odors, glare or other nuisance.

[g]

[h]

[5]

[6]

Recycling collection facility. Such use shall be permitted as an accessory use if the standards for a recycling collection facility in § 205-13, Conditional use standards, is satisfied.

Table 1 Accessory Uses and Structures
Accessory Structure: A structure subordinate to the principal use or building on a lot and used for purposes customarily incidental to the principal use of the lot.
Accessory Use: A use subordinate and customarily incidental to the principal use or building on a lot.
Treatment of Accessory Structures and Uses
A No Permit Required	B Permit, But No Site Plan Review Required	C Permit and Site Plan Review Required
Planters Flagpole Birdhouses, bird baths bird feeders Wading/ornamental pool (less than 24 inches deep) Fences [see § 205-14B(7)(e)] Antennas; satellite dishes Domestic pet houses Signs not requiring permits Playhouses or tree houses Security gates Inward directed outdoor lighting Playground recreational equipment Mailbox Storage of personal recreational vehicle or equipment Walkway, railing, stairs Storage structures no larger than 250 square feet Firewood storage Home occupation that does not involve construction or alteration requiring a building permit Unlisted accessory structures or uses incidental and commonly associated with the principal use	Garage; car port Storage structure between 251 square feet to 500 square feet Private swimming pool Deck; porch; gazebo; balcony Farm Stand Agricultural structures associated with an agricultural operation Automatic teller machine Boathouse, dock, pier Home occupation that requires a building permit	Solid fences over 6 feet in height Storage structures greater than 500 square feet in size

§ 205-15 Off-street parking and loading requirements.

Procedure. Any structure or use requiring a permit under this chapter shall comply with the parking, loading, and design standards specified in this section.

Design.

(1)

(2)

(3)

(4)

(5)

Front yard parking. No parking space for a commercial use shall be located closer than 10 feet from the front yard lot line.

(6)

(7)

Residential Uses	Minimum Number of Parking Spaces
One-family dwelling, two-family dwelling, mobile home, multiple-family dwelling	2 parking spaces for every dwelling unit
Accessory apartment or accessory mobile home	1 parking space per dwelling unit
Home occupation	A minimum of 1 parking space for every nonresident employee working on the premises, plus one parking space for every business vehicle stored on the premises.
Public/Institutional Uses
Church, place of worship	1 parking space for every 6 seats to capacity
Health care facility, medical offices	1 parking space per employee on the largest work shift, plus three parking spaces for every physician
Library, museum, community center	1 parking space for every 400 square feet of gross floor area
Membership club, lodge	1 parking space for every 300 square feet of gross floor area
Residential health care facility, nursing home	1 parking space for each visiting physician, plus 1 parking space per employee on the largest work shift, plus 1 parking space for every 6 patient beds
Day care, preschool	1 parking space per employee on the largest work shift, plus 1 loading space for every 6 children/students
Retail, Commercial And Service Uses
Hotel, motel, inn, boardinghouse	3 parking spaces for every 2 rooms, plus 1 parking space per employee on the largest shift
Convenience store, grocery	1 parking space per 300 square feet of gross floor area, but no fewer than 4 spaces
Restaurant, tavern, bar	1 parking space for every 4 seats to capacity
Vehicle services or repair	1 parking space per 400 square feet of gross floor area, plus adequate store area for disabled vehicles awaiting repair
Gas station	1 parking space per employee on the largest shift, plus 1 parking space for each service bay
Vehicle, farm implement, mobile home sales or rental	1 parking space per employee on the largest shift, plus 1 parking space per 1,000 square feet of gross business area
Lumberyard, building supplies, plumbing, heating or electrical supplies	1 parking space per 600 square feet of gross business area.
Campground, commercial communications facility	1 parking space per employee on the largest shift, plus 2 guest parking spaces
Bus terminal, mass transit station	1 parking space per employee on the largest shift, plus 2 loading spaces
Auto wash	1 parking space per employee on the largest shift, plus 4 stacking spaces per bay
Shooting range	1 parking space per target to the maximum capacity of the facility
Bowling alley	4 parking spaces per lane
Roadside produce stand	If located on a county or state highway, then 2 parking spaces or 1 parking space per 200 square feet of gross floor area shall be provided, whichever is greater; parking areas on grass or dirt are permitted
Other retail, service, and office uses	1 parking space per 400 square feet of gross floor area
Shopping center	1 parking space per 250 square feet of gross floor area
Industrial Uses
Junkyard, salvage yard, recycling operation	1 parking space per employee on the largest shift, plus 1 parking space per 10,000 square feet of gross business area
Storage, distribution or wholesale use	1 parking space per employee on the largest shift or 1 parking space per 1,000 square feet of gross business area, whichever is greater, plus loading spaces of sufficient quantity and size to accommodate the type and frequency of vehicles generated by the use
Recycling of beverage containers, packaging material, and paper	2 loading spaces
Other industrial uses	1 parking space per employee on the largest shift
Uses not specifically listed	Other uses not specifically listed shall provide adequate parking to meet parking needs on the premises as required by the Planning Board; the Planning Board shall use the above list as a guide for determining requirements for unlisted uses

§ 205-16 Sign regulations.

Definitions. As used in this section, the terms "sign" and "sign area" shall have the meanings set forth in § 205-28 of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Administration.

(1)

(2)

Procedure.

(a)

Sign permit applications shall be submitted to the Code Enforcement Officer accompanied by the following plans and information:

[1]

The name, address and telephone number of the applicant and sign contractor or erector.

[2]

The location of the lot of which the proposed sign will be located by street address, tax parcel identification number, or distance to the nearest crossroad.

[3]

An accurate site plan sketch showing lot lines, public roads, driveways, setbacks, the location of existing and proposed signs, and the sign area of all existing signs.

[4]

A scale drawing showing the proposed sign, including supporting structure, sign content and sign face size, and method of illuminating the sign, if any.

(b)

(3)

Fees. Fees for application for a sign permit shall be established by the Town Board and may be revised from time to time.

(4)

General regulations.

(1)

Construction standards. All signs shall comply with the New York State Fire Prevention and Building Code regarding construction, materials, erection and electrical fixtures.

(2)

(3)

Placement standards.

(a)

No building sign shall extend beyond the roofline or the end of the wall to which it is attached or project out away from the structure more than four feet.

(b)

Signs shall not be located in road rights-of-way nor extend beyond the lot lines of the parcel on which the sign is located.

(c)

Freestanding signs shall not be located within 10 feet of any lot line or extend more than 20 feet above adjoining ground level.

(d)

Sign placement shall not obstruct safe sight lines from roads or driveways.

(4)

Illumination standards.

(a)

No sign shall flash or include artificial light that is not maintained stationary and constant in intensity and color at all times.

(b)

Illumination shall not constitute a safety hazard or nuisance by reason of the intensity or direction of illumination onto adjacent residential premises or public roads.

(c)

Signs shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the premises on which it is located is open for business.

(5)

Prohibited signs.

(a)

(b)

No sign shall be larger than 48 square feet.

(c)

Off-premises signs (billboards) shall be no larger than 32 square feet.

(d)

(e)

Rotating signs shall be prohibited.

(6)

Nonconforming signs. Legally existing nonconforming signs shall be treated as nonconforming structures (see § 205-19).

Signs allowed without sign permits. The following signs are permitted in all zoning districts without sign permits, provided such signs conform to the provisions of this chapter:

(1)

(2)

(3)

Bulletin board. One bulletin board for and on the premises of a public, charitable, or religious institution, provided the sign area does not exceed 48 square feet in area.

(4)

Governmental signs. All signs erected or posted and maintained by the Town are permitted and exempt from this section.

(5)

(6)

(7)

Nonilluminated sign. One nonilluminated sign not to exceed six square feet shall be permitted per lot.

Additional signs allowed by permit. Additional signage not to exceed the following sign area budgets are allowed after receipt of a sign permit.

(1)

(2)

§ 205-17 Temporary uses and structures.

Authorization. Temporary uses and structures are permitted in all zoning districts, provided they comply with the regulations in this section.

(1)

Garage sale.

(a)

Sales of tangible personal property shall be held on the premises of an owner of the property for sale.

(b)

Retail sales shall be conducted for no more than 14 days in any calendar year. Longer periods of business operations will classify the use as a permanent retail use rather than as a temporary use.

(2)

Emergency, construction, or repair residence. A residence (which may be a mobile home) that is:

(a)

(b)

(c)

(3)

Estate, household or farm auction.

(a)

Such auction shall be held on the premises of an owner auctioning tangible personal property.

(b)

(4)

Off-season storage of recreational vehicles. The temporary, off-season, outdoor storage of recreational vehicles is allowed, provided:

(a)

In the Hamlet District, such storage is prohibited from any front yard and shall be set back at least five feet from all lot lines, driveways excepted.

(b)

In all other zoning districts such storage shall be prohibited in the required front setback, but otherwise allowed.

(5)

(6)

Temporary uses requiring site plan review. The following temporary uses may be permitted after site plan approval by the Planning Board:

(1)

Temporary real estate sales office.

(2)

Outdoor concerts, religious tent meetings, carnival or circus.

(3)

Unlisted temporary residential uses involving mobile homes.

(4)

All other unlisted temporary uses.

§ 205-18 Mobile homes.

Definitions. As used in this section, the terms "Class A mobile home," "Class B mobile home," "Class C mobile home" and "mobile home" shall have the meanings indicated in § 205-28.[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1]

Editor's Note: So in original.

§ 205-19 Nonconforming lots, structures and uses.

Purpose.

(1)

(2)

Nonconforming lots of records.

(1)

(2)

A nonconforming lot of record may be used for any permitted or conditional use allowed in the district in which the lot is located provided the following conditions exist or are met:

(a)

(b)

(1)

(2)

(3)

Additional nonconforming uses. No new nonconforming uses are permitted except as may be otherwise approved by the Zoning Board of Appeals according to the use variance process.

(4)

Expansion.

(a)

[1]

Junkyard, salvage yard, or recycling operation.

[2]

Kennel.

[3]

Sales or rental of vehicles, mobile homes, or farm implements.

[4]

Wholesale or commercial storage use.

(b)

(5)

(1)

Expansion. A nonconforming structure may be expanded or enlarged, provided that such expansions will not further increase any existing nonconformities with setback or height requirements.

(2)

(3)

(4)

(5)

Moving. Should any structure be moved for any reason or for any distance, it shall thereafter conform to the setback and height regulations for the district in which it is located after it is moved.

§ 205-20 State environmental quality review (SEQR).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Actions subject to SEQR.

(1)

Projects or physical activities which meet at least one of the following criteria are subject to review under SEQR:

(a)

Are directly undertaken by the Town;

(b)

Involve funding by the Town;

(c)

Require a discretionary permit from the Town or its appointed boards.

(2)

If the proposed action does not require a discretionary decision, there is no requirement for review under SEQR.

Procedure.

(1)

Classification of action. If a proposed action is subject to review under SEQR, the first step is to classify the action into one of five categories.

(a)

Classes of action requiring no further review under SEQR:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1]

Exempt. These are actions such as maintenance, repair, emergency or nondiscretionary permitting which do not require further review. See 6 NYCRR Part 617 for the list of exempt actions.

[2]

[3]

(b)

Classes of action which require further review under SEQR.

[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[2]

(2)

Environmental assessment forms (EAF). An EAF must be completed for all Type I and unlisted actions.

(a)

(b)

(3)

Establishment of lead agency.

(a)

(b)

For zoning actions reviewed by the Town, the following bodies shall be the lead agency, unless otherwise delegated by the Town Board.

[1]

Map or text amendments to the zoning regulations: Town Board.

[2]

Site plan and special permit applications: Planning Board.

[3]

Variances: Zoning Board of Appeals.

(4)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(a)

Negative declaration.

[1]

[2]

(b)

Positive declaration.

[1]

[2]

(5)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(6)

(7)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(8)

(a)

The draft EIS, including any revisions of supplements of it;

(b)

Copies or a summary of the substantive comments received and their sources; and

(c)

The lead agency's response to the comments.

(9)

Notice of completion of the final EIS. Upon completion or receipt of the final EIS, the notice of completion of the final EIS shall be prepared and filed as described in 6 NYCRR Part 617.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(10)

(a)

(b)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 205-21 Prohibited uses in all zoning districts.

The following uses are specifically prohibited in all zoning districts of the Town without a use variance:

Any use other than state-registered gun shops that involves the manufacture, sale or distribution of any highly combustible, explosive or radioactive material, excepting petroleum products.

Commercial dumps, landfills and hazardous waste incinerators.

The manufacture of fireworks.

More than two unlicensed vehicles located outside a legal junkyard, salvage yard or recycling operation.

Pierrepont Town City Zoning Code

ARTICLE IV

Regulations Applicable to All Districts

§ 205-14 Accessory structures and uses.

Procedure. On any lot accessory structures(s) or use(s) in connection with the principal building or use may be constructed and located subject to the following process:

(1)

(2)

(3)

(4)

Applicable standards. Accessory structures and uses shall be governed by the following standards unless otherwise specified.

(1)

All structures or uses accessory to a residence shall be consistent in character and use with the principal residential use and the adjacent neighborhood.

(2)

(3)

No accessory structure shall be closer than five feet to a principal structure or any other structure, unless it is attached to such principal or other structure.

(4)

Accessory structures or uses shall conform with all regulations for such principal use unless otherwise specified.

(5)

Unless specifically waived, all accessory structures or uses shall fully comply with requirements of this chapter applicable to the principal building.

(6)

(7)

Specific standards for certain accessory structures or uses.

(a)

Private swimming pool:

[1]

An enclosure of at least four feet in height shall be provided around swimming pools to prevent accidental or unauthorized entry.

[2]

Every gate or other opening in the enclosure shall be self-closing and self-latching.

[3]

[4]

No lighting or spotlighting shall project light rays beyond the lot lines of the lot on which such pool is located.

[5]

All setback requirements shall be satisfied.

(b)

Sign(s). Signs shall be regulated according to § 205-16, Sign regulations.

(c)

Boathouse(s), dock(s) or pier(s). The required setback from the waterfront side of the lot shall be waived for such structures.

(d)

(e)

Fences. Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen an area of land.

[1]

All open fences and opaque and solid fences no taller than six feet in height are permitted without a zoning permit or site plan approval, provided such fencing is:

[a]

Set back at least two feet from any lot line;

[b]

Does not block adequate visibility of oncoming traffic at intersections or driveways; and

[c]

Projects a finished side outward towards adjoining lots.

[2]

(f)

(g)

Accessory apartment.

[1]

[2]

[3]

Standards.

[a]

Only one apartment shall be created within a single-family house.

[b]

The apartment shall be a complete, separate housekeeping unit that can be isolated from the original unit.

[c]

The owners of the residence in which the accessory structure is created shall occupy at least one of the dwelling units on the premises.

[d]

[e]

The design and size of the apartment shall conform with the NYS Uniform Fire Prevention and Building Code.

[f]

Adequate off-street parking shall be provided in accordance with the parking and loading regulations.

(h)

[1]

Editor's Note: Original Sec. 14B(7)i, which regarded accessory boarding, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(i)

Home occupations.

[1]

Definition. As used in this section, the following terms shall have the meanings indicated:

HOME OCCUPATION

[2]

[3]

[4]

Standards for permitted home occupations. Home occupations are permitted if they meet all of the following standards:

[a]

The total area of all home occupation businesses shall be limited to 50% of the dwelling's gross floor area.

[b]

Such use shall employ no more than the equivalent of two full-time employees other than residents of the dwelling.

[c]

Adequate off-street parking shall be provided to accommodate traffic related to the business activity.

[d]

Instruction to students and services to clients or customers shall be limited to no more than 12 persons at any one time.

[e]

[f]

The home occupation shall produce no undue disturbance caused by unreasonable noise, smoke, vibration, fumes, dust, odors, glare or other nuisance.

[g]

[h]

[5]

[6]

Recycling collection facility. Such use shall be permitted as an accessory use if the standards for a recycling collection facility in § 205-13, Conditional use standards, is satisfied.

Table 1 Accessory Uses and Structures
Accessory Structure: A structure subordinate to the principal use or building on a lot and used for purposes customarily incidental to the principal use of the lot.
Accessory Use: A use subordinate and customarily incidental to the principal use or building on a lot.
Treatment of Accessory Structures and Uses
A No Permit Required	B Permit, But No Site Plan Review Required	C Permit and Site Plan Review Required
Planters Flagpole Birdhouses, bird baths bird feeders Wading/ornamental pool (less than 24 inches deep) Fences [see § 205-14B(7)(e)] Antennas; satellite dishes Domestic pet houses Signs not requiring permits Playhouses or tree houses Security gates Inward directed outdoor lighting Playground recreational equipment Mailbox Storage of personal recreational vehicle or equipment Walkway, railing, stairs Storage structures no larger than 250 square feet Firewood storage Home occupation that does not involve construction or alteration requiring a building permit Unlisted accessory structures or uses incidental and commonly associated with the principal use	Garage; car port Storage structure between 251 square feet to 500 square feet Private swimming pool Deck; porch; gazebo; balcony Farm Stand Agricultural structures associated with an agricultural operation Automatic teller machine Boathouse, dock, pier Home occupation that requires a building permit	Solid fences over 6 feet in height Storage structures greater than 500 square feet in size

§ 205-15 Off-street parking and loading requirements.

Procedure. Any structure or use requiring a permit under this chapter shall comply with the parking, loading, and design standards specified in this section.

Design.

(1)

(2)

(3)

(4)

(5)

Front yard parking. No parking space for a commercial use shall be located closer than 10 feet from the front yard lot line.

(6)

(7)

Residential Uses	Minimum Number of Parking Spaces
One-family dwelling, two-family dwelling, mobile home, multiple-family dwelling	2 parking spaces for every dwelling unit
Accessory apartment or accessory mobile home	1 parking space per dwelling unit
Home occupation	A minimum of 1 parking space for every nonresident employee working on the premises, plus one parking space for every business vehicle stored on the premises.
Public/Institutional Uses
Church, place of worship	1 parking space for every 6 seats to capacity
Health care facility, medical offices	1 parking space per employee on the largest work shift, plus three parking spaces for every physician
Library, museum, community center	1 parking space for every 400 square feet of gross floor area
Membership club, lodge	1 parking space for every 300 square feet of gross floor area
Residential health care facility, nursing home	1 parking space for each visiting physician, plus 1 parking space per employee on the largest work shift, plus 1 parking space for every 6 patient beds
Day care, preschool	1 parking space per employee on the largest work shift, plus 1 loading space for every 6 children/students
Retail, Commercial And Service Uses
Hotel, motel, inn, boardinghouse	3 parking spaces for every 2 rooms, plus 1 parking space per employee on the largest shift
Convenience store, grocery	1 parking space per 300 square feet of gross floor area, but no fewer than 4 spaces
Restaurant, tavern, bar	1 parking space for every 4 seats to capacity
Vehicle services or repair	1 parking space per 400 square feet of gross floor area, plus adequate store area for disabled vehicles awaiting repair
Gas station	1 parking space per employee on the largest shift, plus 1 parking space for each service bay
Vehicle, farm implement, mobile home sales or rental	1 parking space per employee on the largest shift, plus 1 parking space per 1,000 square feet of gross business area
Lumberyard, building supplies, plumbing, heating or electrical supplies	1 parking space per 600 square feet of gross business area.
Campground, commercial communications facility	1 parking space per employee on the largest shift, plus 2 guest parking spaces
Bus terminal, mass transit station	1 parking space per employee on the largest shift, plus 2 loading spaces
Auto wash	1 parking space per employee on the largest shift, plus 4 stacking spaces per bay
Shooting range	1 parking space per target to the maximum capacity of the facility
Bowling alley	4 parking spaces per lane
Roadside produce stand	If located on a county or state highway, then 2 parking spaces or 1 parking space per 200 square feet of gross floor area shall be provided, whichever is greater; parking areas on grass or dirt are permitted
Other retail, service, and office uses	1 parking space per 400 square feet of gross floor area
Shopping center	1 parking space per 250 square feet of gross floor area
Industrial Uses
Junkyard, salvage yard, recycling operation	1 parking space per employee on the largest shift, plus 1 parking space per 10,000 square feet of gross business area
Storage, distribution or wholesale use	1 parking space per employee on the largest shift or 1 parking space per 1,000 square feet of gross business area, whichever is greater, plus loading spaces of sufficient quantity and size to accommodate the type and frequency of vehicles generated by the use
Recycling of beverage containers, packaging material, and paper	2 loading spaces
Other industrial uses	1 parking space per employee on the largest shift
Uses not specifically listed	Other uses not specifically listed shall provide adequate parking to meet parking needs on the premises as required by the Planning Board; the Planning Board shall use the above list as a guide for determining requirements for unlisted uses

§ 205-16 Sign regulations.

Definitions. As used in this section, the terms "sign" and "sign area" shall have the meanings set forth in § 205-28 of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Administration.

(1)

(2)

Procedure.

(a)

Sign permit applications shall be submitted to the Code Enforcement Officer accompanied by the following plans and information:

[1]

The name, address and telephone number of the applicant and sign contractor or erector.

[2]

The location of the lot of which the proposed sign will be located by street address, tax parcel identification number, or distance to the nearest crossroad.

[3]

An accurate site plan sketch showing lot lines, public roads, driveways, setbacks, the location of existing and proposed signs, and the sign area of all existing signs.

[4]

A scale drawing showing the proposed sign, including supporting structure, sign content and sign face size, and method of illuminating the sign, if any.

(b)

(3)

Fees. Fees for application for a sign permit shall be established by the Town Board and may be revised from time to time.

(4)

General regulations.

(1)

Construction standards. All signs shall comply with the New York State Fire Prevention and Building Code regarding construction, materials, erection and electrical fixtures.

(2)

(3)

Placement standards.

(a)

No building sign shall extend beyond the roofline or the end of the wall to which it is attached or project out away from the structure more than four feet.

(b)

Signs shall not be located in road rights-of-way nor extend beyond the lot lines of the parcel on which the sign is located.

(c)

Freestanding signs shall not be located within 10 feet of any lot line or extend more than 20 feet above adjoining ground level.

(d)

Sign placement shall not obstruct safe sight lines from roads or driveways.

(4)

Illumination standards.

(a)

No sign shall flash or include artificial light that is not maintained stationary and constant in intensity and color at all times.

(b)

Illumination shall not constitute a safety hazard or nuisance by reason of the intensity or direction of illumination onto adjacent residential premises or public roads.

(c)

Signs shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the premises on which it is located is open for business.

(5)

Prohibited signs.

(a)

(b)

No sign shall be larger than 48 square feet.

(c)

Off-premises signs (billboards) shall be no larger than 32 square feet.

(d)

(e)

Rotating signs shall be prohibited.

(6)

Nonconforming signs. Legally existing nonconforming signs shall be treated as nonconforming structures (see § 205-19).

Signs allowed without sign permits. The following signs are permitted in all zoning districts without sign permits, provided such signs conform to the provisions of this chapter:

(1)

(2)

(3)

Bulletin board. One bulletin board for and on the premises of a public, charitable, or religious institution, provided the sign area does not exceed 48 square feet in area.

(4)

Governmental signs. All signs erected or posted and maintained by the Town are permitted and exempt from this section.

(5)

(6)

(7)

Nonilluminated sign. One nonilluminated sign not to exceed six square feet shall be permitted per lot.

Additional signs allowed by permit. Additional signage not to exceed the following sign area budgets are allowed after receipt of a sign permit.

(1)

(2)

§ 205-17 Temporary uses and structures.

Authorization. Temporary uses and structures are permitted in all zoning districts, provided they comply with the regulations in this section.

(1)

Garage sale.

(a)

Sales of tangible personal property shall be held on the premises of an owner of the property for sale.

(b)

Retail sales shall be conducted for no more than 14 days in any calendar year. Longer periods of business operations will classify the use as a permanent retail use rather than as a temporary use.

(2)

Emergency, construction, or repair residence. A residence (which may be a mobile home) that is:

(a)

(b)

(c)

(3)

Estate, household or farm auction.

(a)

Such auction shall be held on the premises of an owner auctioning tangible personal property.

(b)

(4)

Off-season storage of recreational vehicles. The temporary, off-season, outdoor storage of recreational vehicles is allowed, provided:

(a)

In the Hamlet District, such storage is prohibited from any front yard and shall be set back at least five feet from all lot lines, driveways excepted.

(b)

In all other zoning districts such storage shall be prohibited in the required front setback, but otherwise allowed.

(5)

(6)

Temporary uses requiring site plan review. The following temporary uses may be permitted after site plan approval by the Planning Board:

(1)

Temporary real estate sales office.

(2)

Outdoor concerts, religious tent meetings, carnival or circus.

(3)

Unlisted temporary residential uses involving mobile homes.

(4)

All other unlisted temporary uses.

§ 205-18 Mobile homes.

Definitions. As used in this section, the terms "Class A mobile home," "Class B mobile home," "Class C mobile home" and "mobile home" shall have the meanings indicated in § 205-28.[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1]

Editor's Note: So in original.

§ 205-19 Nonconforming lots, structures and uses.

Purpose.

(1)

(2)

Nonconforming lots of records.

(1)

(2)

A nonconforming lot of record may be used for any permitted or conditional use allowed in the district in which the lot is located provided the following conditions exist or are met:

(a)

(b)

(1)

(2)

(3)

Additional nonconforming uses. No new nonconforming uses are permitted except as may be otherwise approved by the Zoning Board of Appeals according to the use variance process.

(4)

Expansion.

(a)

[1]

Junkyard, salvage yard, or recycling operation.

[2]

Kennel.

[3]

Sales or rental of vehicles, mobile homes, or farm implements.

[4]

Wholesale or commercial storage use.

(b)

(5)

(1)

Expansion. A nonconforming structure may be expanded or enlarged, provided that such expansions will not further increase any existing nonconformities with setback or height requirements.

(2)

(3)

(4)

(5)

Moving. Should any structure be moved for any reason or for any distance, it shall thereafter conform to the setback and height regulations for the district in which it is located after it is moved.

§ 205-20 State environmental quality review (SEQR).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Actions subject to SEQR.

(1)

Projects or physical activities which meet at least one of the following criteria are subject to review under SEQR:

(a)

Are directly undertaken by the Town;

(b)

Involve funding by the Town;

(c)

Require a discretionary permit from the Town or its appointed boards.

(2)

If the proposed action does not require a discretionary decision, there is no requirement for review under SEQR.

Procedure.

(1)

Classification of action. If a proposed action is subject to review under SEQR, the first step is to classify the action into one of five categories.

(a)

Classes of action requiring no further review under SEQR:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1]

Exempt. These are actions such as maintenance, repair, emergency or nondiscretionary permitting which do not require further review. See 6 NYCRR Part 617 for the list of exempt actions.

[2]

[3]

(b)

Classes of action which require further review under SEQR.

[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[2]

(2)

Environmental assessment forms (EAF). An EAF must be completed for all Type I and unlisted actions.

(a)

(b)

(3)

Establishment of lead agency.

(a)

(b)

For zoning actions reviewed by the Town, the following bodies shall be the lead agency, unless otherwise delegated by the Town Board.

[1]

Map or text amendments to the zoning regulations: Town Board.

[2]

Site plan and special permit applications: Planning Board.

[3]

Variances: Zoning Board of Appeals.

(4)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(a)

Negative declaration.

[1]

[2]

(b)

Positive declaration.

[1]

[2]

(5)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(6)

(7)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(8)

(a)

The draft EIS, including any revisions of supplements of it;

(b)

Copies or a summary of the substantive comments received and their sources; and

(c)

The lead agency's response to the comments.

(9)

Notice of completion of the final EIS. Upon completion or receipt of the final EIS, the notice of completion of the final EIS shall be prepared and filed as described in 6 NYCRR Part 617.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(10)

(a)

(b)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 205-21 Prohibited uses in all zoning districts.

The following uses are specifically prohibited in all zoning districts of the Town without a use variance:

Any use other than state-registered gun shops that involves the manufacture, sale or distribution of any highly combustible, explosive or radioactive material, excepting petroleum products.

Commercial dumps, landfills and hazardous waste incinerators.

The manufacture of fireworks.

More than two unlicensed vehicles located outside a legal junkyard, salvage yard or recycling operation.