Stockport Town City Zoning Code
ARTICLE III
District Regulations
§ 120-5 Establishment of districts; descriptions and purposes.
A.
For the purposes of this chapter, the Town of Stockport hereby establishes and divides the Town into the following six land use districts:
H | Hamlet District | |
R | Residential District | |
RR | Rural Residential District | |
CLI | Commercial/Light Industrial District | |
AS | Automobile Salvage Planned Development District | |
CS | Columbia Springs Planned Development District |
B.
The following five overlay districts are also hereby established:
C | Conservation Overlay District | |
A | Agriculture Overlay District | |
FF-O | Flood-Fringe Overlay District | |
SC | Senior Citizen Overlay District | |
AE | Adult Entertainment Overlay District |
C.
These land use districts have the following purposes and are generally described as follows:
(1)
The Hamlet (H) District's purposes are to:
(a)
Encourage affordable residential growth on small lots;
(b)
Encourage new residential growth in built-up areas so as to preserve open space and agricultural lands elsewhere in Town;
(c)
Encourage the majority of new business development to occur here;
(d)
Provide enough density so that in time, it is more feasible and efficient to provide water and sewer in these locations;
(e)
Provide for enough land for future growth and expansion of the hamlet areas; and
(f)
Provide for traditional neighborhood development common to hamlets.
(2)
The Residential (R) District's purposes are similar to the Hamlet District [see Subsection C(1)], but with recognition that this is an area without central sewer service. Its primary purpose is to be a transition from the less dense Rural Residential district to the denser Hamlet District.
(3)
The Rural Residential (RR) District's purpose is to promote very low density residential, agricultural and forested uses, along with very limited business growth in the form of neighborhood business development. Its prime purpose is the protection of the scenic, rural, and historic character of the area.
(4)
The Commercial/Light Industrial (CLI) District's purpose is to allow for research, commercial, manufacturing and wholesale activities to occur under general performance standards.
(5)
Automobile Salvage Planned Development (AS) District (see § 120-20.7). The purpose of the Automobile Salvage Planned Development District is to provide for the controlled expansion of an existing automobile salvage, dismantling and parts recycling business previously operated as a nonconforming use under the Town Land Use Law, while modernizing the facility, improving convenience and working conditions for employees and making the overall facility more attractive to both neighboring properties within the residential district and the public traveling on nearby highways.
(6)
Columbia Springs Planned Development (CS) District (see § 120-20.8). The purpose of the Columbia Springs Planned Development District is to create a planned development on property presently owned by SSD Stockport Associates LLC ("the developer"). The CS District is intended to be an integrated residential district allowing for greater density than permitted under the conventional zoning provisions in the Town Code. The greater density will allow a significant portion of the ~128 acres comprising the CSPDD to remain as open space. The CS District will also incorporate architectural design elements that will assure that the residences constructed will be consistent and in harmony with the historical architecture in the hamlet of Stottville.
(7)
The Conservation Overlay (C) District's prime purpose is to protect the undevelopable areas along the Hudson River, Stockport Creek, Kinderhook Creek, Claverack Creek, and Widows Creek along with other sensitive environmental areas including wetlands, flood hazard areas, and slopes over 25%, where commercial and large-scale residential development is prohibited.
(8)
The Agriculture Overlay (A) District encompasses active agricultural uses in Stockport and has as its primary purpose the preservation of productive lands for active farming.
(9)
The Flood-Fringe Overlay (FF-O) District is generally described as the one-hundred-year flood hazard zone, and has been designated by FEMA as a "floodplain area with special flood hazards that is likely to be flooded at least once every 100 years." All development within the FF-O District is subject to special permit review as provided in Article V. Its purpose is to regulate development in areas subject to flooding in order to minimize property damage and to protect the health, safety, and welfare of residents.
(10)
Senior Citizen (SC) Overlay District (see § 120-20.10). The Town of Stockport recognizes that there is a significant need for affordable housing for persons 62 years of age and older. Many senior citizens, especially in rural areas like the Town of Stockport, can no longer maintain their existing homes and do not feel comfortable driving long distances for purposes of shopping, recreation, and to attend religious services. The purpose of this article is to create within the Town a zoning district specifically for locating high-density, senior citizen housing that would otherwise be prohibited under Chapter 120.
(11)
The Adult Entertainment (AE) Overlay District's purpose is to address and mitigate the secondary effects of adult entertainment uses. In the execution of these provisions, the Town of Stockport recognizes that there are some adult uses which, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods and other sensitive land uses. The objectionable characteristics of these uses are further heightened by their concentration within an area, thereby having deleterious effects on adjacent areas. It has been acknowledged by communities across the nation that state and local governments have a special concern in regulating the operation of such businesses under their jurisdiction to ensure that these adverse secondary effects will not contribute to the blighting or downgrading of adjacent neighborhoods nor endanger the well-being of the youth in their communities. The special regulations deemed necessary to control the undesirable secondary effects arising from these enterprises are set forth in this chapter. The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods and important natural and human resources of the Town, to deter the spread of blight and to protect minors from objectionable characteristics of these adult uses by restricting their proximity to churches, schools, nursery schools, day-care centers, educational institutions, parks, historic and scenic resources, civic and cultural facilities and residential areas. It is not the intent of this section to impose a limitation on the content of any adult entertainment nor to deny access by adults to such uses.
§ 120-6 Land use district maps.
The location and boundaries of said districts are shown on the Town of Stockport Land Use District Map and Land Use District Overlay Maps. Said maps, together with all explanatory matter thereon and all amendments thereto, is hereby adopted and is declared to be an appurtenant part of this chapter. Said maps shall be kept up-to-date and shall be located in the Town Clerk's office for the use and benefit of the public.
§ 120-7 Interpretation of district boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid land use districts as shown on the Land Use District Maps, the following rules shall apply:
A.
Where district boundaries are indicated as approximately following the center lines of right-of-way lines of streets, highways, public utility easements or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically adjusted if a center line or right-of-way line of such street, highway, public utility or watercourse is moved a maximum distance of 50 feet.
B.
Where district boundaries are indicated as approximately following the Town boundary line, property lines, lot lines or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.
C.
Where district boundaries are so indicated that they are approximately parallel to the Town boundary line, property lines, lot lines, right-of-way lines or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Land Use District Map or as shall be determined by use of the scale shown on said map.
D.
Where overlay district boundaries are based on natural features such as steep slopes, contour lines, soil types, or ecological communities, such boundaries may be more precisely established through field investigations by a qualified professional such as an engineer, geologist, soil scientist, ecologist or other similarly trained person. Any costs associated with such field investigation shall be borne by the applicant or landowner.
E.
In all other cases, where dimensions are not shown on the Land Use District Map, the location of the boundaries shown on said map shall be determined by use of the scale appearing thereon.
F.
After application of these rules, if uncertainty exists as to the location of district boundaries, the ZBA shall so determine at the request of the CEO or the Planning Board.
§ 120-8 Delineation of flood hazard zones.
The boundary of the Flood-Fringe Overlay (FF-O) District is established herein as delineated on the most current edition of the appropriate Federal Insurance Administration Flood Hazard Boundary Map, as issued for the Town of Stockport by the Federal Emergency Management Agency. Any revisions, amendments or successors thereto are hereby adopted and made a part of this chapter. The latest edition of said map shall be kept on file in the offices of the Town Clerk and the Town Code Enforcement Officer for the use and benefit of the public.
§ 120-9 Compliance required.
Except as hereinafter otherwise provided:
A.
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, moved, altered, reconstructed or enlarged except in conformance with the regulations herein specified for the district in which it is located.
B.
No part of a yard or other open space required in connection with any building or use shall be included as part of a yard or other open space similarly required for another building, unless the yard or open space is part of a clustered or conservation subdivision.
C.
No yard or lot existing at the time of the passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.
D.
No off-street parking or loading space shall be so reduced in area that it does not meet the minimum requirements of this chapter, unless specifically required by the Planning Board in order to allow for shared parking lots and/or cross access between parcels.
E.
Within each district, the regulations set forth by this chapter shall be considered minimum regulations and shall apply uniformly to each kind of building, structure or land.
§ 120-10 Use regulations.
A.
The general use regulations in each land use district are set forth in the attached district Schedule of Use Regulations.[1] This schedule is supplemented, as appropriate, by other provisions of this chapter.
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
B.
Any use not listed specifically as a permitted, special permit or accessory use in the attached schedule shall be considered a prohibited use under this chapter.
C.
Symbols used on the attached schedule shall be interpreted as follows:
P | Permitted use in specified district | |
P* | Permitted use subject to site plan review | |
SP* | Special use permit required, and subject to site plan review | |
X | Prohibited use in specified district |
§ 120-11 Area and bulk regulations.
The general area and bulk regulations in each land use district are set forth in the attached district Schedule of Area and Bulk Regulations.[1] This schedule is supplemented, as appropriate, by other provisions of this chapter, including the extraordinary standards for certain special permit uses stated in Article V.
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
§ 120-12 Existing lots of record.
Nothing contained herein shall prohibit the use of an existing lot of record of less than the prescribed lot area or lot width, if such existing lot of record was owned individually and separate from any adjoining lot or tract at the time of adoption of this chapter, provided that:
A.
Such lot does not adjoin any other lot, lots or land held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district.
B.
Such lot may not be used for more than one principal building.
C.
Such use shall satisfy all applicable requirements of the Town of Stockport and the Columbia County Health Department for potable water supply and sewage disposal facilities.
D.
All other area and bulk regulations for that district shall be met.
E.
If created after July 9, 1973, the lot is part of a plat approved by the Town of Stockport Planning Board in accordance with Chapter 105, Subdivision of Land, and filed in the office of the Columbia County Clerk pursuant to the Town Law.
§ 120-13 Minimum lot area per dwelling unit.
A.
In all districts where residences are permitted, a lot held in single ownership may only be improved for residential use in accordance with the minimum lot area and related bulk regulations for the district as set forth in the district Schedule of Area and Bulk Regulations, except as provided in § 120-12 above regarding existing lots of record or as provided in § 120-30 of this chapter regarding residential cluster developments in accordance with Chapter 105, Subdivision of Land, and § 278 of the New York State Town Law.
B.
More specifically, if two or more principal residential structures or dwelling units are located on the same lot, except for an accessory apartment authorized by special use permit, the minimum lot area per dwelling unit requirement must be complied with, and all other requirements of this chapter and other applicable laws, rules and regulations must be strictly met. Further, a residential lot greater than the required area as set forth in this chapter shall not be reduced in area for transfer of ownership if such lot so divided will form two or more lots, any of which shall be less than the minimum lot area required for the district in which the lot or lots are situated.
§ 120-14 Height exceptions.
A.
The height limitations set forth in the district Schedule of Area and Bulk Regulations shall not be applicable to the following:
(1)
Flagpoles, radio or television antennas, transmission towers or cables, any of which shall be restricted to a maximum height of 100 feet above average finished grade at its base.
(2)
Spires, belfries, chimneys, skylights, water or cooling towers, parapets or railings, elevators, stair bulkheads, solar collectors, air-conditioning units or similar structures which in their aggregate coverage shall occupy no more than 10% of the roof area of the building of which they are a part. Such features shall be erected only to such minimum height as is necessary to accomplish the purpose for which they are intended.
B.
No structure or other exception shall be used as a place for habitation or for advertising not otherwise authorized by this chapter.
§ 120-15 Corner lots.
A.
Required front yards. On a corner lot, each street frontage shall be deemed to be a front street line, and the required yard along each such lot line shall be a required front yard; however, the above notwithstanding, for the purposes of this chapter, no lot shall be interpreted to have more than two front yards regardless of how such lot is located or configured. The Code Enforcement Officer, in consultation with the owner, shall establish which of the remaining yards shall be the required side yard and the required rear yard for purposes of this chapter.
B.
Obstructions at street intersections. At all street intersections, no obstructions to vision, such as a fence, wall, hedge, structure or planting over three feet in height, shall be erected or installed and maintained on any lot within the triangle formed by the intersecting street lines or their projections where corners are rounded and a straight line joining said street lines at points which are 40 feet distant from their point of intersection measured along said street lines and/or projections.
§ 120-16 Permitted projections; architectural features.
A.
The following architectural features of a building may extend into a required yard, subject to limitations provided herein:
(1)
Ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than three feet into any required yard.
(2)
Chimneys or pilasters.
(3)
Open arbor or trellis.
(4)
Unroofed steps, patio or terrace not less than 10 feet from the highway right-of-way nor less than five feet from any side or rear lot line, provided that the building complies with the yard requirements of this chapter.
(5)
Awning or movable canopy, not to exceed 10 feet in height, nor projecting more than six feet into any required yard.
(6)
Retaining wall, fence or masonry wall, except as limited by § 120-15B or 120-25 of this chapter.
(7)
Open fire escapes on the side or rear of a building and extending not more than eight feet from the principal building nor closer than five feet to any lot line.
B.
Accessory structures may be located in any side or rear yard, subject to the limitations stated in § 120-36.1.
C.
Fences and walls may be located in required yard areas where in full compliance with the standards provided within § 120-25 of this chapter.
§ 120-17 Distance between buildings.
No detached principal building shall be located closer to any other principal building on the same lot than the average height of said buildings unless specifically approved by the Planning Board as part of a clustered subdivision.
§ 120-18 Front setback modification required for substandard rights-of-way.
On streets, roads or highways with less than a fifty-foot right-of-way, the front setback shall be measured perpendicularly from the center line of the existing right-of-way with 25 feet added to the required front yard setback to establish the building line.
§ 120-19 Minimum lot frontage.
All lots proposed for building purposes in the Town of Stockport shall have a minimum lot frontage as established by the district Schedule of Area and Bulk Regulations for the land use district in which the lot is situated. Said lot frontage shall be measured along the right-of-way of any dedicated Town, county or New York State highway or along a line of 25 feet from the center line of any user highway. The width of any lot shall not be less than the minimum lot frontage throughout its entire depth leading to the buildable portion of the lot.