Putnam Valley City Zoning Code
ARTICLE VIII
Accessory Structures and Uses
§ 165-27 Residential districts.
A.
The purpose of these provisions is to establish the relationship between principal and accessory uses and to establish provisions governing the conduct of accessory uses. Principal uses specified as permitted uses or special permit uses for a district by this chapter shall be deemed to include accessory uses and activities identified by these regulations and such other accessory uses that are necessarily and customarily associated with and are appropriate, incidental and subordinate to such principal uses. Accessory uses shall be subject to the same regulations that apply to principal uses in each district, except as otherwise provided in this section. No permit for the building or erection of an accessory building shall be issued prior to the issuance of the building permit for the main building. No certificate of occupancy may be issued for an accessory building except in conjunction with or after the issuance of the certificate of occupancy for the main building.
B.
Swimming pools. All swimming pools (in-ground and aboveground) shall be constructed, installed and maintained in compliance with state requirement for same.
C.
Tennis courts, paddle courts and similar accessory recreation facilities.
(1)
No tennis court, paddle court or similar recreation facility shall be permitted to encroach into the rear, side or front yard setback.
(2)
The fencing around tennis courts, paddle courts or similar recreation facility shall not exceed 12 feet in height.
(3)
The maximum height for tennis court lighting (fixture and pole) shall not exceed 18 feet. All such lights shall be shielded so as to confine all direct rays to the subject property and minimize spillover outside of the tennis court area.
D.
Docks, piers and similar structures.
(1)
A dock, pier or similar structure may not be constructed on a lot with a lake frontage of less than 25 feet in the case of private owners, nor less than 100 feet for developers or operators of public associations and district beaches. No dock, pier or similar structure may extend into or over the surface of any lake in the Town for a distance of more than 25 feet from the high-water mark. No dock, pier or similar structure may cover more than 25% of the width of the lake frontage and shall not in any event cover more than 25 feet of lake frontage.
(2)
The maximum area of a dock, pier or similar structure shall be 150 square feet.
(3)
There shall be only one dock, pier or similar structure on a lot.
(4)
A permit from the New York State Department of Environmental Conservation and a Putnam Valley freshwater wetlands watercourses and water bodies permit may be required.
E.
Carports and garages.
(1)
Carports. Carports, open on at least three sides and for use by no more than two cars, may be erected and maintained within not less than 10 feet of any property line.
F.
Porches, sun decks and house decks and other attached accessory structures. No porch, sun or house deck or other such attached accessory structure, whether open or enclosed, shall encroach upon any required front, back or side setback, and no such porch or deck shall be erected, covered, roofed, sided or otherwise enclosed unless approved by the Code Enforcement Officer, and all necessary permits therefor have been issued. Porches, decks or other attached accessory structures, whether open or enclosed, shall be included in any computation of building coverage.
G.
Barns, pole barns, sheds and other detached accessory structures. Detached accessory structures shall satisfy all of the following requirements:
(1)
No accessory building exceeding 120 square feet permitted in this article shall be constructed nearer to the street line or lake front, nor any nearer to side or rear lot line, respectively, than is permitted for its principal building.[1]
[1]
Editor's Note: Former Subsection G(2), regarding size of accessory structures, was repealed and former Subsection G(3), (4) and (5) was renumbered as G(2), (3) and (4) 5-30-2001 by L.L. No. 3-2001.
(2)
For firesafety purposes, an accessory building shall be separated by at least 10 feet from the principal structure. If the accessory building exceeds the principal building in height, it shall be separated by an additional two feet for every one foot by which the accessory building exceeds the height of the principal structure.
(3)
If less than 120 square feet in gross floor area, a building permit may be issued by the Code Enforcement Officer for not more than one accessory structure located within five feet of the side and/or rear property lines. However, in lake districts, such structures must be located at least 75 feet from the lake.
(4)
No more than two detached accessory structures, one of which may be a garage, shall be permitted on parcels of less than one acre.
H.
Satellite earth stations. Satellite earth stations (satellite dish antennas) shall be permitted, provided that they are in the rear yards or side yards and meet all applicable provisions of this section. The establishment of a satellite earth station requires a building permit and is subject to the following conditions:
(1)
No more than one satellite earth station shall be allowed on any lot and shall conform to the setbacks for a principal structure.
(2)
All satellite earth stations shall be installed within the manufacturer's recommended standards.
(3)
Satellite earth stations shall be designed and located to minimize visual impact on adjacent property and roadways.
(4)
A satellite earth station shall not exceed a diameter of 12 feet or a height of 20 feet from the existing grade.
(5)
Wiring for a satellite earth station shall be placed underground.
(6)
Satellite earth stations shall be ground-mounted only and at existing grade.
I.
Fences, walls and enclosures. For the purpose of the section, the words "fence," "wall" and "enclosure" shall have the same meaning, and any reference to fences shall include walls and enclosures as well.
(1)
Fences, walls and enclosures may be erected within required yard setbacks in all residential districts subject to the requirements of this section. A building permit shall be required for the erection of all fences, walls and enclosures within five feet of any property line or roadway and, in the case of any such fence, wall or enclosure, the "good" or "finished" side of the fence shall face the adjacent property or roadway, as applicable.
[Amended 7-21-2004 by L.L. No. 3-2004]
(2)
Fences erected within required side or rear yards shall not exceed a height of six feet from existing grade.
(3)
Fences within the front property lines shall not exceed a height of four feet from the existing grade.
(4)
Fences enclosing swimming pools shall conform to the requirements of the New York State Uniform Fire Prevention and Building Code and shall be no less than four feet in height.
(5)
No fence shall be located closer than 10 feet from any principal structure.
(6)
If any fence or wall is found by the Code Enforcement Officer to be unsafe, insecure or hazardous, it shall be removed or repaired within 14 days of a notice of violation by the Code Enforcement Officer.
(7)
No barbed wire shall be used as a part of any fence, except for agricultural purposes.
(8)
No fence, wall, hedge, shrubbery or other obstruction to vision in excess of three feet in height, as measured above the adjacent street grade, shall be placed or allowed to grow at intersections within the triangle area formed by the intersecting street lines and a straight line joining such street line at points which are 20 feet from the point of intersection measured along the street line.
J.
Recreational vehicles.
[Added 1-21-2009 by L.L. No. 2-2009]
(1)
No recreational vehicle shall be parked for more than seven days in any thirty-day period on a lot which does not also contain a residence of that recreational vehicle's owner.
(2)
No recreational vehicle shall be parked in the front of a lot.
[Amended 10-7-2020 by L.L. No. 2-2020]
(3)
Except for recharging batteries, no recreational vehicle shall be connected to electric, water and/or sanitary disposal facilities.
(4)
No recreational vehicle shall be inhabited when parked on a lot.
K.
On all properties where their use is otherwise lawful, trash compactors, trash dumpsters (excluding construction dumpsters) and other trash containers with a capacity of one cubic yard or more (collectively referred to hereafter as "trash containers") shall be subject to the following requirements:
[Added 11-14-2012 by L.L. No. 3-2012]
(1)
Trash containers shall be located no closer to the property line than is permitted for an accessory structure in the zoning district in which the property is located.
(2)
Trash containers shall not be located in any required loading berth or in any required off-street parking space.
(3)
Trash containers shall be maintained on a concrete pad, shall be enclosed on all four sides with permanently installed opaque fencing, at least one foot higher at all points than the trash container it encloses, and shall be gated and locked when not in use.
(4)
Trash containers shall be located and maintained so as to minimize their effect on surrounding uses.
(5)
The design and operation of trash containers shall be rodentproof and watertight and shall be approved by the Code Enforcement Officer.
(6)
The location of trash containers shall be indicated on all site plans.
(7)
This subsection shall apply to all properties within its scope, including but not limited to those already containing trash containers. Properties already containing trash containers shall be brought into compliance with the fenced-enclosure requirements of this subsection on or before April 1, 2013, and no fees shall be imposed for the issuance of any permits or approvals required from the Town for such purpose.
L.
Generators and outdoor air conditioners.
[Added 12-14-2022 by L.L. No. 9-2022]
(1)
A zoning variance for residential generators and outdoor air conditioner units shall not be required for units located no closer than 10 feet from side and rear property lines and no greater than five feet from the front foundation wall of the residence.
§ 165-28 Nonresidential districts.
A.
The purpose of these provisions is to establish the relationship among principal and accessory uses and to establish provisions governing the conduct of accessory uses, after compliance with Article V of this chapter. Principal uses specified as permitted uses or special permit uses for a district by this chapter shall be deemed to include accessory uses and activities identified by these regulations and such other accessory uses that are necessarily and customarily associated with and are appropriate, incidental and subordinate to such principal uses. Accessory uses shall be subject to the same regulations that apply to principal uses in each district, except as otherwise provided in this section. No permit for the building or erection of an accessory building shall be issued prior to the issuance of the building permit for the main building. No certificate of occupancy may be issued for an accessory building except in conjunction with or after the issuance of the certificate of occupancy for the main building.
B.
Location of accessory structures.
(1)
An accessory structure shall be located and operated as an integral part of the principal use and shall not comprise a separate business use or activity.
C.
On all properties where their use is otherwise lawful, trash compactors, trash dumpsters (excluding construction dumpsters) and other trash containers with a capacity of one cubic yard or more (collectively referred to hereafter as "trash containers") shall be subject to the following requirements:
[Amended 11-14-2012 by L.L. No. 3-2012]
(1)
Trash containers shall be located no closer to the property line than is permitted for an accessory structure in the zoning district in which the property is located.
(2)
Trash containers shall not be located in any required loading berth or in any required off-street parking space.
(3)
Trash containers shall be maintained on a concrete pad, shall be enclosed on all four sides with permanently installed opaque fencing, at least one foot higher at all points than the trash container it encloses, and shall be gated and locked when not in use.
(4)
Trash containers shall be located and maintained so as to minimize their effect on surrounding uses.
(5)
The design and operation of trash containers shall be rodentproof and watertight and shall be approved by the Code Enforcement Officer.
(6)
The location of trash containers shall be indicated on all site plans.
(7)
This subsection shall apply to all properties within its scope, including but not limited to those already containing trash containers. Properties already containing trash containers shall be brought into compliance with the fenced-enclosure requirements of this subsection on or before April 1, 2013, and no fees shall be imposed for the issuance of any permits or approvals required from the Town for such purpose.
E.
Fences, walls and enclosures. Requirements for fences, walls and enclosures in commercial districts shall be the same as the requirements in residential districts, except fences erected in commercial districts shall not exceed six feet in height except chain link fences which may extend to a height of eight feet.