Richmond Town City Zoning Code
ARTICLE V
Supplementary District Regulations
§ 200-19 Basic regulations applicable to districts.
The basic regulations governing the uses and buildings within each zoning district are established in this chapter. For certain specific uses or exceptional situations, these basic regulations are supplemented by other provisions of this chapter.
Regulations governing the specific use of land within the various zoning districts shall be as set forth in regulations governing uses in that specific district.
Regulations governing the size of lots, yards and buildings for the various zoning districts shall be set forth in regulations governing uses in that specific district, except as noted herein.
§ 200-20 Lot area.
In the event that any lot in any district shall be so altered in size that its area or any of its dimensions or open spaces shall be smaller than required by law, no permit shall thereafter be issued for the erection or maintenance of any building or structure or for any other use regulated by this chapter. No lot or any portion thereof in any district required by this chapter for any building or use shall be included as part of a lot also required for another building or use unless permitted by this chapter. Notwithstanding this or any other section of this chapter, any existing lot or parcel of land which is bounded on at least one side by other land owned by the same person and which said lot or parcel contains an area which is larger than the minimum lot area required by this chapter for land within the zone in which the lot is located shall not be divided so as to create any nonconforming lot.
Flag lots. The two-hundred-foot minimum lot width is considered to be the distance between side lot lines measured along the front building line of the lot. The fifteen-foot minimum road frontage permits flag-type lots. Adequate emergency vehicle access must be provided prior to the issuance of any building permit. This lot design and the low-density character are necessary to preserve the scenic beauty of the area and to ensure that the natural resources of a district are utilized in the public interest.
The minimum lot area shall be two acres for the A Residential/Agricultural, B Residential and E Business Districts if the lot is developed without public sewers.
§ 200-21 Maximum height of structures.
No structure, except for farm use and except for buildings and other structures permitted as a special use hereunder, shall exceed the height limitations contained in the Density Schedule[1] from the highest natural grade. The height limitations contained in the Density Schedule do not apply to spires, belfries, cupolas, water tanks, ventilators, chimneys, silos and other appurtenances usually required above the roof level but not intended for occupancy. Chimneys and ventilators may exceed the height limitation of this chapter by not more than 20 feet.
[1]
Editor's Note: The Density Schedule is located at the end of this chapter.
§ 200-22 Off-street parking requirements.
Convenient and adequate parking spaces (160 square feet minimum, eight feet width minimum) shall be provided and satisfactorily maintained by the owner. Minimum standards are as follows:
At least 1 1/2 parking spaces for each dwelling unit.
Professional offices or customary home occupations: two parking spaces for each person or employee engaged in the profession or home occupation unless the occupation or profession is such that in the normal course of business clientele or other persons do not call in person at the premises.
Places of public assembly: at least one parking space for each three seats based on maximum seating capacity.
Hospital, sanitarium, nursing home, etc.: at least one parking space for each employee, attendant or member of the staff employed during the day.
Commercial districts: all uses in commercial districts, except office buildings, shall provide parking spaces as deemed necessary in the site plan review.
Office buildings: at least one parking space for each 250 square feet of office floor area.
Industrial districts: all uses in industrial districts shall provide parking space as deemed necessary in the site plan review.
§ 200-23 Roadside stands.
Any person within any district may erect a roadside stand and sell from said roadside stand agricultural products produced primarily on his premises. Any such stand of permanent construction shall comply with all the conditions and regulations prescribed for structures in the district in which the stand is located. Any such stand of temporary construction may be erected not nearer to a street line than 10 feet, and such stand may be erected and maintained between April 1 and November 30 of any year. There must be provided for any roadside stand an off-street parking area sufficient to accommodate vehicles of customers and to eliminate traffic hazards. Temporary roadside stands for that purpose of the same of Christmas trees, wreaths, Christmas decorations and the like are permitted under the same conditions as set forth above from November 20 through December 31. Roadside stand signs may be placed against the stand.
Such signs shall not exceed 16 square feet in area. Further, such signs may be placed up to 100 yards in each direction from the stand, as long as the signs are not placed in the road right-of-way and are on the property or lot of the owner where the stand is located.
§ 200-24 Clear view of intersecting streets.
No obstruction to view between a height of 2 1/2 feet and 10 feet measured perpendicularly from the street grade shall be maintained on the premises in the angle formed by intersecting streets so as to interfere with the view of traffic approaching the intersection within a distance of 100 feet measured along the center line of each street from the intersection of such center line. The provisions herein shall not be construed as to require the cutting or removal of an existing stand of trees within the prescribed area. Such area shall, however, be kept free from underbrush and other plants which obstruct the view of approaching traffic.
§ 200-25 Fences.
No fence over four feet in height shall be erected or maintained where such fence constitutes an unreasonable obstruction of a scenic view from neighboring premises or from the highway. Fencing for the purpose of enclosing farmland, horses, cattle or other animals shall not exceed eight feet in height. All fences must be erected within the property lines and no fences shall be erected so as to encroach upon a public right-of-way. All fences shall be maintained in a safe, sound and upright condition. All other fences in residential districts shall not exceed six feet, except they shall not exceed three feet in front yards. All fences in a business commercial zone shall not exceed eight feet in height, except that they shall not exceed three feet in front yards.
§ 200-26 Storage of vehicles; wrecks.
[Amended 9-8-2009 by L.L. No. 4-2009]
For regulations regarding storage of vehicles and wrecks, refer to the New York State Property Maintenance Code, Chapter 3, General Requirements, Section 302.8:
302.8 Motor Vehicles. Except as otherwise provided for in statute or other regulations, two or more inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. |
§ 200-27 Residential dwellings.
All new structures or additions to existing structures shall be constructed in such a manner as to comply with the New York State Building and Fire Law, the New State Fire Law and the New York State Public Health Law. The minimum floor area for any residential unit shall not be less than 720 square feet.
§ 200-28 Billboards and signs.
No billboards or signs shall be hereafter erected, placed or maintained in the Town unless specifically hereinafter permitted or unless a permit therefor has been obtained in compliance with the provisions of this section.
Design and location of signs.
No sign shall be illuminated by or contain a flashing, intermittent, rotating or moving light or lights. All signs shall employ only lights emitting light of constant intensity and no luminous sign shall be placed or directed so as to cause glare upon any public street, highway or sidewalk or adjacent premises or otherwise to cause glare or reflection that may constitute a traffic hazard or nuisance. No sign shall, in its construction, employ any mirror or mirror-like surface. No sign or part thereof shall contain or consist of any banner, pennant, ribbon, streamer, spinner or other similar moving, fluttering or revolving device. Said devices, as well as strings of light, shall not be used for advertising or attracting attention whether or not they are part of any sign.
Signs may be erected or maintained upon the roof of any building or structure, but shall not exceed the peak of the building. No signs shall project more than three feet from the way of any building. No sign shall project from the roof of any building or into any public way.
No vehicle on which is placed or painted any sign shall be parked or stationed in a manner primarily intended to display the sign.
No sign shall be erected or maintained within the right-of-way.
Area and height of signs, generally.
No sign, unless otherwise provided for herein, shall be erected or maintained having an area greater than 32 square feet per side, and no sign shall have more than two sides.
No sign shall exceed 20 feet in overall height, measured from the highest level of natural ground immediately beneath the sign to the highest point of the sign or the supporting structure thereof.
Number of permitted signs where more than one principal activity is being conducted. Notwithstanding the standard governing the number of signs permitted to be erected or maintained on any lot set forth herein, the following standards shall guide in the review of all private signs associated with the project, such as in the case of a shopping center, plaza or mall or other multiple commercial use facility. All signs shall reflect a reasonable uniformity of design, lighting and materials.
A single ground sign not in excess of 100 square feet in area may be erected identifying the center of a facility as a whole, but shall not contain advertising matter, except identification of the occupant.
One individual wall sign not in excess of 40 square feet in sign area may be erected for each separate principal activity, such as a shop or store.
Off-premises directional signs. Notwithstanding the provisions of Subsections A and C to the contrary, one directional sign advertising an industry or business having its principal place of business within the Town may be located upon premises other than the premises of the principal place of such industry or business, provided that:
Such industry or business is not fronted on a state highway and the principal purpose of such sign is to direct motor vehicles to the location of such business or industry.
Such sign is located no closer than 20 feet nor more than 60 feet from the highway boundary.
Such sign has a maximum area of not more than 16 square feet on either side, and it shall have no more than two sides and no part of such sign shall be more than 12 feet above the highest point of ground within five feet of such sign.
Temporary signs.
Temporary signs not exceeding 32 square feet advertising any political, educational, charitable, civic, professional, religious or like campaign or event, excepting real estate signs which shall be limited to the period of listing, may be erected for a period not to exceed 45 days in any calendar year. No temporary sign shall in any way obstruct or impair vision or traffic in any manner or create a hazard of disturbance to the health and welfare of the general public.
A temporary sign not exceeding 32 square feet in area, the height of which is not greater than 10 feet, shall be permitted for a period of three years from the time of final subdivision approval for advertising the sale of property within such subdivision.
No more than two such signs shall be permitted on the original parcel.
Outmoded signs. Any sign which no longer advertises a bona fide business being conducted on the premises or within the Town shall be removed from said premises by the record owner or beneficial user of the premises within 10 days from the receipt of a written order to do so from the Code Enforcement Officer. In default of said removal, the Code Enforcement Officer is authorized to effectuate the removal of said sign and to charge all costs incident to the removal to the record owner and/or the beneficial user of the premises.
Signs in residential districts; additional requirements. The following signs may be permitted:
A sign indicating the name and address of the occupant or a permitted home occupation, provided that it shall not be larger than four square feet in area per side; and if freestanding, not exceeding four feet in height above the ground level at the sign's location; and shall be no closer than 10 feet to any lot line; and shall not be illuminated except indirectly.
For farms and multiple-family dwellings, a single identification sign not exceeding 32 square feet in area and indicating only the name and address of the building may be displayed. Such signs shall not be closer to any lot line than 1/2 the required setback, shall not project more than six feet in height above grade and shall not be illuminated except indirectly.
No more than one sign for every 250 feet of road frontage advertising the sale, lease or rental of the premises upon which the sign is located, such signs not to exceed 32 square feet in area, provided that such a sign is erected or displayed not less than five feet inside the property line and shall not project more than 10 feet in height.
A permanent sign may be erected to indicate a subdivision, which sign shall not exceed 40 square feet in area nor more than seven feet in height.
Miscellaneous regulations; exemptions.
No permit shall be required for the erection of temporary signs indicating that property is for sale or for rent.
The following shall not be included in the application of the regulations herein:
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants or premises or other identification of premises not having commercial connotations.
Flags and insignia of any government except when displayed in connection with commercial promotion.
Legal notices, identification, information or directional signs erected or required by governmental bodies.
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
Temporary signs announcing a campaign drive or an event of a governmental, political, civic, philanthropic, educational or religious nature.
§ 200-29 Dumping of waste material.
No lot shall be principally used for the bulk storage or disposal of hazardous waste, hazardous substances, solid waste, radioactive material, sludge, deicing chloride salts or dust-producing substances without the prior approval of the Board of Appeals; and further provided that this provision shall not prohibit the storage of animal waste upon any farm, provided that such storage does not constitute a nuisance and such storage shall not be within 100 feet of any lot. The approval of the Board of Appeals shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties or drinking water supplies, and evidence of any required permits necessary from the New York State Department of Health and/or Department of Environmental Conservation. The Town Board may require the submission of any documents necessary to make the foregoing finding. Nothing herein shall be construed to be contrary to or supersede the Agricultural District Law of New York State as amended from time to time.
§ 200-30 Accessory buildings.
Accessory buildings attached to the principal building shall comply with all the yard requirements of this chapter for the principal building. Detached accessory buildings shall not be located in the front yard, with the exception that the Code Enforcement Officer may permit locating a detached accessory building in the front yard as long as the front yard setback requirements are met and if it is determined that locating the detached accessory building is required due to topography or to sewer/water facility location that prohibits the structure to be located elsewhere on the lot.
A private garage shall have no provision for repairing or servicing vehicles for profit. Space therein may be used for not more than three commercial vehicles owned by the occupant. Space may be rented for not more than three noncommercial vehicles of others than occupants of the building to which such garage is accessory.
§ 200-31 Yards.
The Code Enforcement Officer may permit the width of one side yard in a residential district to be reduced, provided that the sum of the widths of the two side yards is not less than the required minimum, and further provided that the distance between the proposed structures and either an existing or proposed structure on an adjacent lot is not less than the required minimum sum of the widths of the two side yards.
In residential districts where the frontage on the same side of the street within 500 feet of the subject lot is fifty-percent developed or more, the required front yard for a new structure may be modified to the average for such existing development.
Cornices, canopies, eaves, fire escapes, windows, uncovered stairways, steps, enclosed porches and other architectural features may extend into the front or side or rear yard up to six feet from the principal structure.
§ 200-32 Earth station dish antennas.
One noncommercial earth station to be utilized by the resident of the dwelling unit on the lot shall be permitted as a permitted accessory use as identified in Article IV, provided that:
The antenna shall have setbacks equal to or greater than the height of the proposed structure.
The antenna shall not be located in the front yard of any lot except those residential dishes not exceeding one meter diameter and commercial point-to-point communications dishes in commercial or industrial districts not exceeding two meters in diameter may be roof mounted or otherwise located for clear communications.
The applicant shall present documentation of the possession of any required license by any federal, state or local agency.
Residential dishes exceeding one meter in diameter and commercial point-to-point communications dishes exceeding two meters in diameter shall have suitable protective fencing and landscape planting screen provided and maintained around the structure and accessory attachment.
§ 200-33 Private swimming pools.
Private swimming pools shall be permitted as an accessory use, provided that there is an existing residence on said lot and the following regulations are complied with:
Fences shall be constructed consistent with Part 720.1 of the New York State Uniform Fire Prevention and Building Code for outdoor swimming pools, or such pools shall be entirely enclosed by an impassable fence extending from the ground to a height of not less than four feet above the ground level, with posts at intervals of not more than 12 feet, which posts shall be firmly installed and embedded in the ground, entirely surrounding the area in which a pool is located, except that such fence may include one or more separate gates which shall be capable of being closed and locked to prevent access by small children, whichever is most restrictive. If a pool is constructed entirely or partly above ground and that portion which is above ground has a vertical side at least four feet high above the surrounding finished grade at each and every point about the pool, provided that the way of access into such pool is designed to be readily closed and locked or removed, and such way of access shall be closed and locked or removed when the pool is not in use, a fence shall not be required.
Setbacks. Outdoor swimming pools shall be located only in the rear or side yard not closer than 10 feet to the side or rear property line.
Lighting/overhead wiring. No lights shall be erected, operated or maintained in connection with a swimming pool in such a manner as to create an annoyance to surrounding properties. Service drop conductors and any other open overhead wiring shall not be installed above the swimming pool or the area surrounding the swimming pool extending 10 feet horizontally from the pool edge, diving structures, observation stands, towers or platforms. All pools shall have no fault grounding systems.
§ 200-34 Tennis courts.
Tennis courts shall be permitted as an accessory use, provided that the following conditions are met:
All lights used to illuminate a tennis court or tennis court area shall be shielded so as to prevent their shining upon the property of any adjacent property owner and becoming a nuisance or annoyance to adjacent premises.
The fences surrounding, either partially or wholly, the courts shall be set back at least 15 feet from the rear and side lot lines.
All fences shall not be more than 12 feet in height and shall principally be of an open chain link construction.
If there is any charge for tennis lessons or instruction or for the use of the tennis court, the tennis court shall either be a home occupation or commercial use as defined by this chapter.
Tennis courts shall not permitted to be located in front yards.
§ 200-35 Preservation of natural features.
No structure shall be constructed within 50 feet of the bed of a stream carrying water an average of six months, except for private bridges, drainage conduits, embankments and similar structures as are necessary to permit access to the lot or as are incidental to the lawful use of the lot. Such structure shall not adversely affect the flow of the stream nor substantially increase the likelihood of flood or overflow in the area.
Existing natural features such as trees, brooks, drainage channels and views shall be maintained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
All structures shall be designed so as to minimize the amount of cutting into any slope of embankment or of any hill or gully.
§ 200-36 Sewage disposal; water supply.
All dwelling units shall have an adequate sewage disposal system meeting the requirement of the New York State Department of Health, Department of Environmental Conservation and, if appropriate, the regulations of the Land Conservation District, as required by Local Law No. 1 of the year 1973 entitled "Town of Richmond Sanitation Law."[1]
If a seasonal or vacation home is converted to a year-round residence, or if a single-family unit is converted to a multifamily unit, the sewage system must meet the requirements of the agency or agencies referred to above.
All residential uses shall have an adequate and potable water supply source. Other uses shall also be required to have an adequate and potable water supply source as required by the State Department of Health and/or Department of Environmental Conservation.
If it is determined that the minimum lot area required by this chapter is not adequate for providing an adequate water/sewage system, the lot area shall be increased to the extent required to meet the provisions of this chapter and appropriate enforcing agencies.
All well(s) on a lot which are in such a state of disrepair or have insufficient yield or poor water quality that continued use for the purpose of obtaining a satisfactory groundwater supply is impracticable shall be sealed or closed so as to protect the aquifer from pollution and to prevent a hazard to life or property.
§ 200-37 Storage of recreational vehicles.
Unless otherwise provided herein, residents of the Town may have located upon their lot a recreational vehicle of a guest as long as:
The length of stay is no longer than three weeks total for the calendar year;
The recreational vehicle has been provided with adequate sewage disposal system, water supply and electrical services; and
The recreational vehicle is not located closer than 15 feet to any dwelling and no closer than 10 feet from the side or rear lot line.
§ 200-38 Agricultural districts.
It is the policy of the Town of Richmond to conserve and protect and to encourage the development and improvement of agricultural lands located within the Town of Richmond. Pursuant to Article 25-AA of the New York State Agriculture and Markets Law, agricultural districts have been created within the Town of Richmond. Nothing in this chapter shall be construed to restrict or regulate unreasonably farm structures or farming practices in contravention of the purpose of Article 25-AA of the Agriculture and Markets Law unless such restriction or regulation bears a direct relationship to the public health or safety. In the event that any restriction or regulation of this chapter shall be in conflict with any provision of Article 25-AA of the Agriculture and Markets Law or any rule or regulation thereunder promulgated, the provisions of Article 25-AA and the rules and regulations thereunder promulgated shall control.