Stillwater Town City Zoning Code
ARTICLE XIV
Supplementary Regulations
§ 210-108 Public utilities.
Public utility uses shall be subject to site plan review by the Planning Board. The Planning Board shall have the power to modify the site plan in order to protect the residential character of adjoining properties. Underground utilities, including gas and electric utilities, are encouraged. Public utility uses shall not be construed to include the installation of standard electric and telephone poles and lines, cable television lines, or connections related thereto.
§ 210-109 Number of principal buildings per lot.
There shall be only one principal building per lot in all residential zoning districts. There may be more than one principal building per lot for commercial uses, subject to site plan review.
§ 210-110 Height exceptions.
Height limitations shall not apply to chimneys, silos, elevators, television or private radio antennas and church spires, except that the height of such structures may be reviewed as part of a site plan review when the use is subject to such review pursuant to Article IV.
§ 210-111 Lots bounded by two streets.
A.
For any lot fronting on parallel or abutting streets, both frontages shall comply with the front yard requirements of the district in which it is located. For such lots, the rear yard shall be considered the yard opposite the architectural front of the house.
§ 210-112 Storage and dumping.
A.
On any lot or plot, no more than one unregistered vehicle may be kept on any parcel at one time.
B.
Conex units and trailers over 53 feet, on axles, are prohibited unless part of an approved site plan.
C.
Dumping of refuse or waste materials at places other than a designated Town refuse facility is prohibited in all districts within the Town, except for the purpose of filling to establish grades. In such case, the material must be approved by the Code Enforcement Officer prior to placement.
§ 210-113 Dumping.
Dumping of refuse or waste materials at places other than a designated Town refuse facility is prohibited in all districts within the Town, except for the purpose of filling to establish grades. In such case, the material must be approved by the Code Enforcement Officer prior to placement.
§ 210-114 Fences.
A.
Residential districts.
(1)
All fences must be a installed a minimum of two feet from all property lines.
(2)
No fence over four feet in height shall be erected or maintained in the architectural front yard. The "architectural front yard" shall be defined as the yard facing the side of the building containing the architectural main entrance to the house.
(3)
No fence over eight feet in height shall be erected or maintained in any rear yard or side yard; no fence over five feet in height shall be erected or maintained in the front yard not considered to be the architectural front yard.
(4)
Fencing used as a barrier for pools must be owned and maintained by the property owner. Fences not owned by the property owner may not be used as safety barriers.
(5)
Landscaping and fencing shall not impede the line of sight at any right-of-way.
§ 210-115 Swimming pools, hot tubs, spas.
All swimming pools, hot tubs, and spas shall require a building permit. All pools shall be considered accessory structures and must meet the required setbacks in the zoning district to edge of water. Enclosures shall meet the required setbacks for fences per § 210-114. No swimming pool shall be constructed, installed, used or maintained in any district except in accordance with the following provisions:
A.
Public swimming pools. Public swimming pools may be permitted by site plan review.
B.
Abandonment. In-ground pools which have been abandoned or permanently discontinued for a period of 12 months shall be permanently filled, regraded and landscaped. Aboveground pools which have been abandoned or permanently discontinued for a period of 12 months shall be removed.
C.
Modifications. The Zoning Board of Appeals may make modifications in individual cases, upon a showing of good cause, with respect to the requirements herein set forth, provided that the protection as sought hereunder is not reduced by any such modification.
§ 210-116 Mining and excavation.
No commercial mining activity or excavation operation may commence without site plan approval and in accordance with the required NYSDEC permits.
A.
Excavation.
(1)
Slopes caused by the excavation shall, upon completion, not exceed 30%.
(2)
Stockpiled material shall not exceed 35 feet in height.
B.
Buffer zones.
(1)
An undisturbed buffer of 50 feet shall surround the excavation within the limits of the property and structures.
§ 210-117 Frontage on public streets and flag lots.
A.
Every principal building shall be built upon a lot with minimum frontage requirements on a public street within that zoning district and improved to meet the standards of the Town of Stillwater.
B.
Flag lots. A parcel of land which is connected by a strip of land to the street for an access drive. A flag lot may result from the division of a lot on a parcel which is more than twice as large as the minimum allowed in the underlying zoning but without sufficient frontage to allow two dwellings to front along a street. There are two distinct parts to a flag lot: the "flag," which is the actual building envelope located on the rear portion of the original lot, and the "pole," which provides access from a street.
C.
The required frontage for a flag lot shall be a minimum 25 feet, and such frontage shall have the ability to provide actual physical access to and from the lot to be built upon, for purposes of ingress and egress to the lot by emergency vehicles, such as fire trucks or ambulances.
D.
Only one flag lot shall be permitted per subdivision in residential zoning districts.
E.
Flag lots shall not be permitted in commercial or industrial zoning districts.
§ 210-118 Temporary occupancy in case of natural disaster.
A.
Temporary occupancy of a mobile home, travel trailer, or travel vehicle is not permitted in any zoning district except in the event of a natural disaster for a period of six months.
B.
A special use permit obtained in accordance with the procedures in Article V of this chapter shall be required for such temporary occupancy. The special use permit may be extended for no more than two six-month periods. The mobile home must be removed prior to the issuance of a certificate of occupancy for a reconstructed structure.
§ 210-119 Farm worker housing.
Farm worker housing shall be allowed to house workers who are directly employed on the farm on which the housing is located, and their families. Such housing shall comply with all of the requirements of the New York State Sanitary Code. The Planning Board shall refer to the New York State Health Department for review of the sanitary plans for the fifth and every subsequent unit of farm worker housing and for any multifamily structure used for farm worker housing. Such housing shall also comply with all of the requirements of the New York Uniform Fire Prevention and Building Code[1] and current HUD standards with respect to mobile homes. Such housing must comply with the setback restrictions of this chapter as though they were principal uses; however, lot area requirements do not apply to this use. In issuing a special use permit for this use, the Planning Board shall set forth terms for removal of the structures in the event the use ceases.
A.
This section shall apply to farm worker housing located on land parcels within Saratoga County-Agriculture District No. 1 and must be used in support of a farm operation that meets the threshold for protection under NYS Agricultural Districts Law. Farm worker housing located on land parcels not located within a NYS-certified agricultural district must comply with the Town's zoning districts.
B.
Farm operations located within NYS-certified Agricultural Districts may develop housing for farm workers on the same lot as the principal farming use or on another parcel owned by the farm operator where a principal structure exists.
C.
Housing structures must meet the setback standards for primary uses as required in the zoning district the housing is located.
D.
All farm worker housing shall be connected to a public water supply system or be serviced by a private well system that has been reviewed and approved by the NYSDOH/Saratoga County Health Department.
E.
Farm worker housing shall be connected to a sanitary sewage disposal system that has been reviewed and approved by the NYSDOH/Saratoga County Health Department.
F.
Farm worker housing shall comply with all applicable state and local building and sanitary codes.
G.
Farm worker housing that does not comply with required setbacks, lot size, or other requirements of this chapter that apply to residences, and which has not been used for farm worker housing for three or more years, must be brought into compliance with this Zoning Law.
H.
Minimum specifications:
(1)
Front setback: 65 feet.
(2)
Side setback: 20 feet.
(3)
Rear setback: 20 feet.
(4)
Lot frontage: 100 feet.
(5)
Lot size: 10,000 square feet per dwelling unit.
I.
Buildings and/or manufactured homes may be used for farm worker housing.
J.
Any manufactured home used for farm worker housing shall either: have a manufacturer's seal or data plate certifying compliance with the U.S. Department of Housing and Urban Development (HUD) construction and safety standards that were in effect at the time of manufacture; or pass an inspection by the Code Enforcement Officer to ensure the home is structurally sound and free of heating and electrical system hazards (as provided in Residential Code of New York State, Section AE 102.6).
K.
Every building or manufactured home used for farm worker housing shall provide a minimum of two parking spaces per dwelling unit. A parking space shall not be less than 10 feet by 20 feet in size. All parking spaces and driveways shall be hard-surfaced using asphalt, concrete, stone or gravel.
[1]
Editor's Note: See Ch. 81, Construction Codes, Uniform.
§ 210-120 Livestock, noncommercial.
Livestock may be kept for noncommercial purposes in certain zoning districts. The keeping of, cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poultry), llamas, alpacas, for private use.
A.
Poultry and fowl. No more than six hens may be kept and no rooster may be kept on the property. Poultry may be kept on lots five acres or greater.
(1)
The use shall be confined to a fenced enclosure of no more than 200 square feet in area, located in a rear yard. The fenced enclosure shall be at least 25 feet from any street line, at least 15 feet from any residential dwelling and at least five feet from any property line. In the instance that more than one distance requirement shall apply, the greater distance requirements shall apply.
(2)
Any portion of the enclosure located closer than 10 feet to a property boundary or directly visible from a street line at any distance shall be screened by either a fence or a landscaped buffer of at least four feet in height.
(3)
A building shall be required for the hens. Any building used for this purpose shall be located at least 10 feet from any lot line. All such buildings shall be constructed and all food products kept so as to prevent offensive odors and the presence of pests and predators.
B.
All other livestock. All other livestock shall require a minimum lot size of two acres or greater.
(1)
The use shall be confined to a fenced enclosure in area, located in a rear yard or side yard. The fenced enclosure shall be at least 25 feet from any residential dwelling and at least five feet from any property line. In the instance that more than one distance requirement shall apply, the greater distance requirements shall apply.
(2)
Any portion of the enclosure located closer than 10 feet to a property boundary or directly visible from a street line at any distance shall be screened by either a fence or a landscaped buffer of at least four feet in height.
(3)
Any building used for this purpose shall be located at least 10 feet from any lot line. All such buildings shall be constructed and all food products kept so as to prevent offensive odors and the presence of pests and predators.