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Rockland Town City Zoning Code

ARTICLE III

Basic District Regulations

§ 185-8 Enumeration of districts.

A. 
The Town of Rockland is hereby divided into the following types of districts:
RC
Rural Conservation District
R1
Low-Density Residential District
R2
Moderate- to High-Density Residential District
GB
General Business District
NB
Neighborhood Business District
B. 
Overlay zones. There are three types of overlay zones in the Town of Rockland, as shown on the Official Zoning Map. Regulations of the overlay zones apply in addition to those of the underlying district(s). The overlay zones are:
[Amended 1-19-2017 by L.L. No. 1-2017]
(1) 
Downtown Overlay.
(2) 
Aquifer Protection Overlay [§ 185-28C(1)(a)].
(3) 
Watershed Protection Overlay [§ 185-28C(1)(b)].

§ 185-8.1 Purpose of districts.

[Added 1-19-2017 by L.L. No. 1-2017]
A. 
Rural Conservation (RC). This district is intended to protect the rural character of that portion of Rockland which is subject to natural limitations or in public or semipublic use as open space and to provide for wildlife, recreation, forestry and conservation uses in general.
B. 
Low-Density Residential (R1). This district is intended to provide for single-family and two-family dwellings in areas without public sewer services and free from negative impacts associated with incompatible commercial or similar uses.
C. 
Moderate- to High-Density Residential (R2). This district is intended to provide areas for moderate-to-high-density residential development and compatible activities in areas with public sewer capacity.
D. 
Neighborhood Business (NB). This district is intended to provide for commercial and mixed-use development within key neighborhoods and at relatively high density for the purpose of meeting the needs of residents for goods and services.
E. 
General Business (GB). This district is intended to provide areas within the Town for the general development of business and industry requiring significant land areas and attracting business from within both the region and the Town.
F. 
Downtown Overlay. The purpose of this zone is to encourage business in the core areas of the hamlets of Roscoe and Livingston Manor by waiving parking requirements for the parcels within the overlay zone. Such parking requirements of the underlying district remain in effect for any parcels outside the overlay zone.
G. 
Aquifer Protection Overlay. The purpose of this zone is to assist in the preservation of public health, general welfare, and safety of residents and to facilitate the adequate provision of water through the elimination or prevention of groundwater contamination in the vicinity of the well(s) which supply public water.
H. 
Watershed Protection Overlay. The purpose of this zone is to assist in the preservation of public health, general welfare, and safety of residents and to facilitate the adequate provision of water through the elimination or prevention of groundwater contamination in the vicinity of the well(s) which supply public water.

§ 185-9 Zoning Map.

The location and boundaries of said districts are hereby established as shown on the Official Zoning Map of the Town of Rockland, as amended this date or hereafter, which is attached hereto and made a part of this chapter.[1] This map is supplemented by depictions of said boundaries on tax assessment maps of the Town of Rockland maintained in the Town Clerk's offices, said depictions having been prepared simultaneously with the Official Zoning Map and intended to be a part thereof for purposes of providing a more precise rendering of the location of district boundaries. Said maps and all notations, references and designations shown thereon shall be a part of this chapter as if the same were fully described and set forth herein.
[1]
Editor's Note: The Zoning Map is on file in the Town Clerk's office.

§ 185-10 Interpretation of district boundaries.

A. 
Zoning district boundary lines are intended generally to follow or connect the center lines of rights-of-way; existing lot lines; the mean water level of rivers, streams and other waterways; or Town boundary lines, all as shown on the Zoning Map; but where a district boundary line does not follow such a line, its position is shown on said Zoning Map by a specific dimension or relationship to such a line.
B. 
Where a district boundary line divides a lot of record at the time such line is established, the Planning Board may allow the extension of activities permitted in one district to the other as a special use.
C. 
When the specific location of a zoning district boundary line cannot be ascertained, the Code Enforcement Officer shall request the Planning Board to render an interpretation which shall then be used as the basis for applying zoning standards.

§ 185-11 Schedule of district uses.

[Amended 1-19-2017 by L.L. No. 1-2017]
The restrictions and controls intended to regulate development in each district are set forth in the Schedule of District Regulations in Appendix 1[1] which is then supplemented by other sections of this chapter and other laws of the Town of Rockland. Any use identified as a principal permitted use shall be permitted as a matter of right upon application to the Code Enforcement Officer, provided the proposed use is in compliance with these regulations. Special uses are subject to site plan review and, specifically, Planning Board approval as prerequisites to the Code Enforcement Officer issuing a permit for their establishment. Accessory uses are permitted to accompany or precede principal permitted and special uses and permits for these uses shall be issued directly by the Code Enforcement Officer. Any use not listed in the Schedule of District Regulations is prohibited.
[1]
Editor's Note: Appendix 1 with the Schedule of District Regulations is included as an attachment to this chapter.

§ 185-12 Applicability of regulations.

A. 
Whenever any owner or occupant of any property in the Town of Rockland shall, for any purpose or in any manner: establish a new use; clear, excavate or grade land in advance of expanding an existing use or establishing a new use (except for construction of a driveway onto a property, lawn or pasture); change an existing use; make permanent improvements; erect a new building; or move, alter, add to or enlarge any existing land use or building, such owner or occupant shall first comply with the requirements of this chapter and obtain a zoning permit, unless specifically exempted from such requirements by this chapter. A zoning permit shall be required whenever a change in land use occurs, regardless of whether any new construction is involved or not; excepting that agricultural harvesting, grazing, tilling and crop rotation shall be exempt from all permit requirements.
B. 
If a proposed use is not specifically listed in any category of uses or within any zoning district on the Schedule of District Regulations, the Planning Board shall render a formal determination as to whether or not the use is permitted in a given district, and if the use is permitted, it shall then process the application as a special use. The Planning Board shall make its determination on the basis of similarities of the use to other specifically listed uses within various districts, taking into consideration the impacts of the use on the community and the neighborhood in which it is proposed. This shall not permit the Planning Board to reclassify uses which are already listed nor shall the Planning Board allow any use which is not listed in a particular district if that use is already permitted in another district.

§ 185-13 Lot development standards.

A. 
Minimum development standards. The development standards contained herein are minimums and shall apply to each dwelling unit unless otherwise specifically provided. A two-family dwelling shall, for example, ordinarily require the equivalent of two minimum sized lots insofar as lot area, as will any two dwelling units on the same property. Conversions of existing structures or redevelopments of existing uses for two-family or multifamily dwelling use, regardless of whether or not such conversions involve structural alterations, shall be subject to the multifamily dwelling standards of this chapter with the following exceptions:
[Amended 8-15-2019 by L.L. No. 1-2019]
(1) 
The minimum lot area per dwelling unit shall be reduced to 7,500 square feet per bedroom and 5,000 square feet for a studio or efficiency apartment.
(2) 
The Town Planning Board shall be authorized to waive any procedural standards as to their applicability to existing structures or the redevelopment of existing uses and shall instead rely upon the nonconforming use and special use provisions of this chapter.
(3) 
Nonresidential uses within a multifamily dwelling project shall only be limited to those uses provided for in the relevant zoning district and where such uses including dwellings above, only the minimum lot areas applicable to the dwellings shall apply.
B. 
Corner lots. No obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 75 feet distant from their points of intersection.
C. 
Through lot requirements. A through lot shall be considered as having two street frontages, both of which shall be subject to the front yard requirements of this chapter.
D. 
Minimum lot frontage. All residential lots shall have a front lot line with a minimum length of 50 feet.
E. 
Flag lots. Development of new interior lots with limited lot frontage consisting of only an access right-of-way shall be permitted pursuant to the Town of Rockland Subdivision Regulations[1] provided:
(1) 
The right-of-way of an access to a single flag lot may be reduced to 25 feet in width.
(2) 
The lot area shall be exclusive of that portion used as a right-of-way for purposes of meeting minimum lot area and all other development standards for the district.
(3) 
No right-of-way shall be established over an existing parcel of land to reach a new lot to the rear which would reduce the length of the front lot line of the existing parcel to less than 100 feet.
(4) 
All flag lot access rights-of-way shall be titled in fee-simple ownership to the flag lot property owner.
[1]
Editor's Note: See Ch. 154, Subdivision of Land.
F. 
Dwellings per lot. Except as specifically provided herein, and excluding preexisting nonconforming lots, no lot shall have on it more than one dwelling.
[Added 9-3-2020 by L.L. No. 1-2020]
G. 
Uses per lot. In any district, a maximum of two permitted principal uses may occur on a single lot, provided that all area, yard and other requirements of this zoning law are met, as to each such use.
[Added 9-3-2020 by L.L. No. 1-2020]

§ 185-14 Height restrictions.

A. 
General application. No building or structure shall exceed in building height the number of feet permitted as a maximum on the Schedule of District Regulations[1] for the district where such building or structure is located.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
B. 
Permitted exceptions. Height limitations stipulated elsewhere in this chapter shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, chimneys, smokestacks, flagpoles, radio and transmission towers, farm buildings or similar noninhabited structures under 120 feet in height. Structures over 120 feet in height may be permitted as special uses provided they are sufficiently set back from adjoining properties to avoid any safety hazard connected therewith and meet all state and federal air safety and electronic communications standards.

§ 185-15 Yard regulations.

A. 
Rear and side yard exceptions. Where the side wall of a building is not parallel with the side lot line or is irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such yard shall not be narrower at any point than 1/2 the otherwise required minimum width. The Town of Rockland Planning Board shall also have the discretion, in cases of "main street" businesses in Livingston Manor or Roscoe where no side yards are provided and/or buildings will directly adjoin, to permit zero lot line development. Additionally, the Planning Board shall have the authority, for good cause in relationship to the particular nature of the property, to modify any yard requirements as applied to accessory buildings and with site plan review, to authorize lot owners to encroach upon these yards for purposes of nonresidential building construction in the case of lots served by central sewer/water facilities.
[Amended 10-2-2003 by L.L. No. 5-2003]
B. 
Front yard exception. When an unimproved lot is situated adjacent to or between improved lots already having a principal building within the required front yard, the front yard for the unimproved lot may be reduced to the average depth of the front yards for the two nearest adjoining improved lots. Also, when such circumstances exist, no principal structure shall be set back further than this average depth plus 10 feet. The Planning Board shall also have the discretion in cases of "main street" businesses in Livingston Manor or Roscoe to permit zero lot line development, where no front yards are typically provided. The following illustration depicts how the front yard exception shall apply.
C. 
Provision of yard or other open space. No yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.
D. 
Waterfront yards. Any yard which borders on a lake, stream or body of water shall be not less than 50 feet in depth from the high-water mark, excluding boathouses and docks. All lots in new subdivisions approved after the adoption of this section shall be not less than 100 feet in depth from the high-water mark.
[Amended 10-2-2003 by L.L. No. 5-2003; 1-19-2017 by L.L. No. 1-2017]

§ 185-16 Accessory structure and use standards.

The location, limitation and coverage of accessory buildings shall be as follows:
A. 
No accessory building permitted by this chapter shall be placed in any required side or front yard except as provided in this article.
B. 
Accessory buildings shall not cover more than 50% of any rear yard.
C. 
Accessory structures not attached to a principal structure shall:
(1) 
Be set back from any side or rear lot line a minimum of five feet, provided that this distance shall be increased to 10 feet for any garage structure absent special use review and approval.
(2) 
Be no closer to the street than a principal structure, except in the case of farm buildings. Residential garages may be located in front of residences but not in the required front yard areas.
(3) 
Be no more than one story in height unless approved as a special use.
D. 
Accessory structures attached to principal buildings shall comply with principal building requirements.
E. 
Storage trailers, railroad cars, bulk containers or retired manufactured housing units and recreational vehicles, truck bodies or other mobile units intended for storage and not otherwise constituting a storage container as defined in § 185-7 of this chapter shall not be used for purposes of accessory structures in connection with any use.
[Amended 10-7-2021 by L.L. No. 2-2021]
F. 
Private stables shall be limited to one horse per acre of land.
G. 
Accessory buildings shall only be permitted in connection with established principal structures and uses.

§ 185-16.1 Storage containers.

[Added 10-7-2021 by L.L. No. 2-2021]
In the interest of preserving scenic and rural character, protecting property values, and recognizing the need for storage with the option of storage containers, the Town sets forth the following regulations:
A. 
Storage containers (as defined in § 185-7) are permitted in the Rural Conservation (RC) District subject to the following requirements:
(1) 
Each lot containing a storage container or containers must be a minimum of 10 acres.
(2) 
Storage containers shall be located in the rear or side yard only, not be visible from public roads or adjacent properties, and set back a minimum of 20 feet from property lines.
(3) 
Storage containers shall only be permitted in connection with established principal structures and uses.
(4) 
No more than four storage containers may be placed on a single lot.
B. 
Storage containers (as defined in § 185-7) are permitted in the General Business (GB) District subject to the following requirements:
(1) 
Storage containers shall be located in the rear yard only and screened from public roads and adjacent properties.
(2) 
Storage containers shall only be permitted in connection with established principal commercial structures and uses.
(3) 
No more than one storage container may be placed on a single lot.
(4) 
Completion of a Town permit application with a sketch plan shall be submitted to the Code Enforcement Officer for review. The Code Enforcement Officer shall determine if the application and sketch plan meet the applicable requirements and shall issue or deny the permit accordingly. Sketch plan elements shall include locations of all existing structures and property boundaries, proposed location of the storage container, and proposed and existing vegetative screening.
C. 
Exceptions.
(1) 
Storage containers; temporary placement. One storage container or other portable home storage unit [i.e., Portable on Demand (POD)], may be located on a property in any district for moving, renovation, or other temporary purposes. Such container shall not exceed the size limits of a storage container as defined in § 185-7, shall be located on a paved area, and shall not be in place for a period exceeding 120 days. Such temporarily placed container shall not interfere with ingress and egress for emergency purposes or otherwise impede standards related to safety. In the GB, NB, R1 and R2 zoning districts, the property owner or his/her/their agent shall contact the Code Enforcement Officer to determine the location of the temporary container and request permitting of the temporary container.
(2) 
Construction storage containers. For commercial or residential purposes related to construction, no more than two storage containers may be located on any property with or without a principal structure for a period not to exceed 180 days.
(3) 
When necessary to facilitate cleanup and/or restoration activities resulting from a flood, fire or natural disaster to a building or structure, one storage container may be located on any property for a period not to exceed 180 days.
D. 
Existing storage containers. Any storage container lawfully existing prior to the adoption of this section shall be allowed to continue, subject to the requirements of §§ 185-31 and 185-32 of this chapter, as applicable.
E. 
Penalties for offenses. Any person who violates any provision of this section shall be guilty of a violation of this chapter, punishable in accordance with § 185-39 of this chapter.