Thomaston, NY Zoning Ordinance

Subject to the provisions of Subsection A(2) hereof, nothing in this chapter shall be deemed to prohibit the continuance or the maintenance, repair, alteration (including enlargement or other structural alteration) or reconstruction of a nonconforming building, provided that no such action shall increase the extent of any nonconformity of such building with any requirement of this chapter or create any new nonconformity therewith.

No repair, alteration or reconstruction of a nonconforming building shall be made if the cost of such action would exceed 50% of the then-current replacement value of such building, exclusive of foundations.

No nonconforming building shall be moved, in whole or in part, to any other portion of the lot occupied by such building unless, as a result of such move, such building would cease to be a nonconforming building.

Nonconforming uses.

Nothing in this chapter shall be deemed to prohibit continuance of the use of a building or lot which has become a nonconforming use, subject to the following provisions of this section.

A use which has become a nonconforming use shall not:

Be moved, in whole or in part, from the location within the lot on which it is conducted to another location within such lot.

Be moved to a lot other than the lot on which such use was conducted at the time such use became a nonconforming use unless such use is a permitted use on such other lot.

The use of a building or lot which is a nonconforming use shall not be changed except to a use permitted for such building or lot.

A nonconforming use shall not be enlarged, increased, extended or expanded so as to occupy a larger portion of the lot on which such use is conducted than the portion occupied by such use at the time such use became a nonconforming use.

A nonconforming use shall not be extended so as to displace a permitted use. An increase in the area of accessory parking for a nonconforming use on the same lot on which such use is conducted or on a different lot in a district in which such use is not a permitted use shall be deemed the displacement of a permitted use by a nonconforming use.

(6)

A nonconforming use which has been discontinued for a continuous period of 12 months or more or which is replaced for any period by a permitted use shall be deemed to have been abandoned and shall not be resumed.

(7)

A building which is utilized for a nonconforming use shall not be enlarged or otherwise changed unless, after such enlargement or other change, such building is utilized for a permitted use.

(8)

Damage to nonconforming use.

In the event that a building which is utilized for a nonconforming use is damaged by fire or other casualty, upon the filing of an application for a building permit for the repair, rebuilding or reconstruction (hereinafter called "restoration") of such building, the Board of Trustees shall determine the extent of such damage in terms of the current cost of such restoration as a percentage of the current cost for replacement of the entire structure (hereinafter referred to as the "damage percentage"), and such determination shall be conclusive.

If the damage percentage is greater than 40%, no restoration of such building shall be made unless, after such restoration, such building and the use thereof will conform to all of the provisions of this chapter. In such case, the owner of such building shall furnish to the Board of Trustees a declaration, in recordable form, to the effect that such nonconforming use has been abandoned.

If the damage percentage is 40% or less, restoration of such building may be done, provided that such building, after such restoration, shall not exceed the height, building area, floor area, volume and other dimensions of such building as existing prior to such damage and shall not increase any encroachment of such building into yards as existing prior to such damage. Failure of the owner to apply, within six months after such casualty, for a building permit for such restoration or to commence such restoration (pursuant to a permit) within nine months after such casualty and to prosecute such restoration diligently and without interruption shall be deemed an abandonment of such nonconforming use.

The Board of Trustees may, in its discretion, appoint a licensed architect or licensed professional engineer to advise the Board in regard to its determination of the damage percentage, and, in such event, the reasonable fees of such architect or engineer shall be paid by the owner of such building in addition to any other fees or charges provided for in this Code.

Nonconforming lots.

No lot shall be subdivided so as to create any new lot which does not conform or so that the building or buildings on such new lots do not conform to the requirements of this chapter with regard to area, depth, street frontage, front yard, rear yard, side yard or other dimensional aspect.

Nothing in this chapter shall be deemed to prohibit the establishment of a permitted use or the erection of a building on a lot which has less than the minimum lot area, street frontage or width required by this chapter, provided that:

The ownership of such lot was different from the ownership of all adjoining lots at the effective date of the earliest provision of this chapter which established such deficiency. (In making a determination as to the existence or nonexistence of such diverse ownership, the Board of Trustees may utilize the services of an abstract company or title company, and, in such event, the reasonable fees and expenses of such company for such services shall be paid by the owner of such lot, in addition to any other charges provided for by this Code.)

In the case of the proposed erection of a building on such lot, it was lawful to erect a building on such lot immediately prior to such effective date, and such lot and the building to be erected thereon will comply with the requirements of this chapter in all other respects.

§ 203-100 Nonconforming buildings, lots and uses in all districts other than residential districts.

[Added 3-26-1991 by L.L. No. 5-1991]

Nonconforming buildings.

Nonconforming buildings legally existing on December 1, 1990, may be continued, but no such building may thereafter be changed, altered, enlarged, expanded, reconstructed or otherwise modified, and no such nonconforming building may be moved or extended to any other portion of a lot occupied by such building or any other lot except as otherwise provided herein.

The change, alteration, enlargement, expansion, reconstruction, modification or relocation of a nonconforming building is permitted if such action would result in the building becoming conforming, provided that the use of such building shall also be conforming to the provisions of this Code.

The ordinary repair or maintenance of a nonconforming building may be permitted, provided that the cost of such repair shall not exceed 40% of the then-current replacement value of such building, exclusive of foundations.

If a nonconforming building is damaged by fire or casualty, said building may be repaired, reconstructed or rebuilt under the same terms and conditions as set forth in § 203-99B(8) of this Code.

Nonconforming uses.

Any nonconforming use legally existing on December 1, 1990, may continue. No nonconforming use may be substituted for or added to any existing legal nonconforming use.

No nonconforming use may be changed, altered, enlarged, extended, expanded, moved, in whole or in part, from the location within a lot on which it is conducted to another location within such lot, be moved to any lot other than the lot on which it lawfully exists on December 1, 1990, or otherwise be changed unless said use becomes a use which conforms to the requirements of this chapter.

No building in which a legal nonconforming use is conducted shall be changed, altered, enlarged, extended or expanded or reconstructed unless all uses of such building after such action are uses which conform to the then-current requirements of this chapter.

The ordinary repair or maintenance of a conforming building in which a legal nonconforming use is conducted may be permitted, provided that the cost of such repair shall not exceed 40% of the then-current replacement value of such building, exclusive of foundations.

Where a nonconforming use or a conforming building in which a nonconforming use is conducted is damaged by fire or other casualty, the building utilized for such use may be repaired, rebuilt or reconstructed under the same terms and conditions as provided in § 203-99B(8) of this chapter.

Nonconforming lots.

No lot shall be subdivided so as to create any new lot which does not conform or so that the building or buildings on such new lots do not conform to the requirements of this chapter with respect to area, depth, street frontage, front yard, rear yard, side yard or other dimensional aspect or off-street parking requirements.

Any nonconforming lot legally in existence on December 1, 1990, may be continued, provided that said lot remains in ownership different from the ownership of any contiguous lot.

No nonconforming lot shall be reduced in size or in any other aspect in which it does not conform to the zoning regulations in effect on December 1, 1990.

The doctrine of merger shall be applicable in the Village of Thomaston, so that if any nonconforming lot comes into common ownership with one or more contiguous lots, said lots shall be deemed to have merged into one contiguous lot.

Abandonment. Where the use of a nonconforming building or lot or a nonconforming use is discontinued for a continuous period of six months or more or if such nonconforming building or use or lot is replaced for any period by a permitted use, the nonconforming building, lot or use shall be deemed to have been abandoned and shall not be resumed.

Multiple nonconformities. Where a single lot is used for more than one use or for more than one building, no legal use of any portion of said lot shall be changed, altered, modified or expanded unless any existing legal nonconforming uses or buildings on said lot are discontinued and all uses and buildings on the property conform to the then-current requirements of the zoning regulations.

Temporary provisions for expansion or alteration of buildings used for nonconforming uses. Notwithstanding the provisions of this section, the Board of Trustees may grant permission for the expansion or enlargement of a building in the OB District which is used for a nonconforming use where the Board of Trustees determines that the proposed alteration or expansion will facilitate and improve the orderly use of the subject property, permit the removal or rehabilitation of a structure which the village deems inappropriate for use for the said nonconforming use and reduce the degree to which existing buildings and structures on the property do not conform to the then-current provisions of this chapter. Such permission may be granted by the Board without a public hearing, upon such terms and conditions as the Board may determine are reasonable and appropriate and which will prevent or inhibit further expansion or alteration of the nonconforming use. Any such grant of permission shall include a requirement that within nine months after such grant of permission a building permit may be obtained for the construction authorized by such permission.

[Added 3-21-1996 by L.L. No. 5-1996[1]]

Editor's Note: This local law also provided that it "shall take effect immediately upon adoption and filing pursuant to the Municipal Home Rule Law and shall remain in effect for a period of two months after such effective date, upon the expiration of which period the provisions of this local law shall expire and be of no force and effect; provided, however, that the provisions of this law shall remain applicable for an additional period of three months with respect to any application for permission timely filed within said two-month period. Any permission granted for expansion or alteration of a building or structure pursuant to this law shall remain valid as a basis for issuance of a building permit, provided that such permit shall issue no later than nine months after the grant of such permission."

Temporary provisions for expansion or alteration of buildings used for nonconforming uses. Notwithstanding the provisions of this section, the Board of Trustees may grant permission for the expansion or enlargement of a building in the Business District which is used for a nonconforming use where the Board of Trustees determines that the proposed alteration or expansion will facilitate and improve the orderly use of the subject property, permit the removal or rehabilitation of a structure which the village deems inappropriate for use for the nonconforming use and reduce the degree to which existing buildings and structures on the property do not conform to the then-current provisions of this chapter. Such permission may be granted by the Board without a public hearing, upon such terms and conditions as the Board may determine are reasonable and appropriate and which will prevent or inhibit further expansion or alteration of the nonconforming use. Any such grant of permission shall include a requirement that within nine months after such grant of permission a building permit be obtained for the construction authorized by such permission.[2]

[Added 8-27-1996 by L.L. No. 12-1996]

[2]

§ 203-101 Offensive and obnoxious uses.

No trade, industry or purpose shall be permitted which, in the judgment of the Board of Appeals, as provided below in Article XVII, § 203-139A(8), is likely to be so conducted as to create corrosive or toxic fumes, gas, smoke or odors, obnoxious dust, vapor or wastes or offensive noise or vibration so as to be detrimental to the public health, safety or general welfare.

§ 203-102 Visual obstructions at intersections.

On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growths shall be maintained which shall exceed the height of four feet measured from a point on or in line with the surfaces of the abutting streets, and this said height shall be maintained within the triangular space formed by said corner having its two sides 25 feet each extending along each street forming said corner, the purpose thereof being to lessen the danger to traffic on street corners caused by obscuring the view.

§ 203-103 Irregular lots.

In the case of a narrow corner lot or of any shallow, irregular or steeply sloping lot existing as such at the effective date of this chapter where conformity with the provisions of this Article would in the judgment of the Board of Appeals make it difficult to erect a practicable building, the Board, as provided below in Article XVII, § 203-139A(1) and (2), may allow such building or structure to project nearer to any street or lot line than is herein prescribed, provided that it can be done in a way to safeguard the neighborhood, and provided that compensating area shall be added to one or the other required open spaces, and provided that in no case in a Residence or Apartment District shall any part of any structure be within less than five feet of any street or lot line.

§ 203-104 Accessory building setbacks; maximum height.

Except as permitted by § 203-70, accessory buildings shall be distant from the street line at least 10 feet more than the distance from the rear wall of the main building to the rear property line and not less than three feet from a property line, except that a private garage may be located across a common lot line by mutual agreement between the owners of both lots. No accessory building shall exceed 16 feet in height.

[Amended 7-11-1994 by L.L. No. 9-1994]

On corner lots, accessory buildings shall be located as far as possible from all street lines while conforming to the requirements of the above subsection.

§ 203-105 Projections into yards.

No building or part of a building shall be erected in or shall project into a rear yard, front yard or side yard, with the following exceptions:

Cornices, eaves, gutters or chimneys projecting not more than 18 inches.

One-story bay windows projecting not more than two feet for a width not exceeding eight feet.

Open balconies, steps and terraces.

One-story porches which shall project into the front or rear yard not more than 10 feet or which may project into one side yard, but shall not be nearer to the side line of the lot than the minimum side yard requirement.

As provided in § 203-70 of Article X.[1]

Editor's Note: Former Subsection A(5), which listed a certain projection into the rear yard as an exception, was repealed 4-7-1986 by L.L. No. 5-1986. Said local law also provided for the redesignation of former Subsection A(6) as Subsection A(5).

The exceptions in Subsection A(1) through (5) above are subject to building area restrictions as provided for elsewhere in this chapter.

§ 203-106 Courts.

Courts shall be governed by the following restrictions:

The width of an inner court shall not be less than eight feet, but in no event shall it be less than four inches for each foot of the building height. For an inner court not on the lot line, the least dimension shall not be less than 16 feet.

The width of an outer court shall not be less than eight feet, but in no event shall it be less than four inches for each foot of building height. If the depth of an outer court shall exceed four times its width, the width shall be increased one foot for each four feet of depth.[1]

Editor's Note: Former § 148-82, Average setback line, which immediately followed this subsection, was repealed 2-8-1988 by L.L. No. 1-1988.

§ 203-107 Fences.

[Added 11-27-1990 by L.L. No. 11-1990]

No fence shall be erected or installed which exceeds a height of six feet above the existing natural grade on any property in a residential district.[1]

Editor's Note: See also § 203-91 for fencing requirements for swimming pools.

Except where expressly required by law, no fence shall be permitted in any district other than a residential district, except with the permission of the Board of Trustees; provided, however, that the Building Inspector may authorize a temporary fence to protect or safeguard a construction or demolition site for one or more periods of time not to exceed 30 days each.

[Amended 10-31-1995 by L.L. No. 7-1995]

No fence shall be erected or installed in a front yard.

Any fence permitted by this chapter shall be constructed and maintained in a workmanlike manner. Any fence permitted by this chapter shall have a finished side facing out toward the nearest property line of the premises on which the fence is located.

For the purposes of this section, the term "fence" shall mean and refer to an artificially constructed barrier of any material or combination of materials erected to separate, divide, enclose or screen areas of land and shall include a wall.

[Amended 1-10-1994 by L.L. No. 1-1994]

§ 203-108 Extension of districts back from streets on which they front.

[Amended 8-8-1988 by L.L. No. 4-1988]

Unless otherwise designated on the Zoning Map and except as otherwise expressly provided in Article II, § 203-4 of this chapter:

Apartment B Districts extend 110 feet back from the street or streets on which they front.

Business Districts extend 100 feet back and Office Building OB Districts extend 200 feet back from the street or streets on which they front. On side streets intersecting Business Districts, Business Districts extend 100 feet back from the street line on which the Business District fronts. On side streets intersecting Office Building OB Districts, such districts extend 200 feet back from the street line on which the Office Building OB District fronts.

[Amended 6-9-1980 by L.L. No. 18-1980]

Public Use Districts extend 200 feet back from the street or streets on which they front but not beyond the limits of a Business District or district of other classification fronting on an adjacent parallel street or not beyond the line of the parallel street where the frontage on the latter has not another classification.

[Amended 9-27-1994 by L.L. No. 13-1994]

§ 203-109 Determination of front yard depth.

The depths of all front yards will be reckoned from existing street lines, or, where the street has been widened or is proposed to be widened and this new width has been duly authorized and recorded on a duly filed map, the depth of front yards shall be reckoned from the new street lines.

§ 203-110 Building setback on business streets.

Where business streets are less than 50 feet in width, buildings shall be set not nearer the street line than 25 feet from the center line of the street.

§ 203-111 Effect of regulations on buildings under construction.

Nothing herein contained shall require any change in the plans, construction or designated use of a building under construction, provided that at the effective date of this chapter the construction shall have proceeded to the completion of the foundations and the setting of the first-floor beams, and provided further that the work thereon shall be diligently prosecuted to completion within one year from the effective date of this chapter. The Board of Appeals may, in its discretion, due to the size or nature of the building or any special circumstances which in its judgment are sufficient, extend the date of completion beyond the one year above fixed.

§ 203-112 Reduction of yard areas prohibited.

In no event shall the building area in any district be exceeded by reason of the deduction of yard areas required leaving a greater percentage of lot area nor shall the yard areas in any district be decreased by reason of the permitted building area.

§ 203-113 Elevator service in multifamily residences.

No building which is arranged, intended or designed to be used for multifamily residential purposes shall be erected to a height in excess of four stories unless it provides for the maintenance of adequate elevator service.

§ 203-114 Building permit required; filing of plans.

[Amended 8-12-1985 by L.L. No. 8-1985]

No structure shall be erected, altered or changed in use nor any lot changed in use until all necessary plans and applications for such erection, alteration or change have been filed and approved, including a certification by the Code Official that such work or change is in compliance with all village laws and requirements. All applications for such approval and permit shall be in writing and shall be accompanied by a site plan, drawn to scale, showing the actual dimensions of the lot; the location of existing and proposed structures on the lot; the use of each structure; the dimensions of each structure; the dimensions of each front yard, side yard and rear yard; a tabulation showing compliance with applicable zoning requirements or the extent to which the zoning requirements are not being met, and showing average front yard building setbacks of existing buildings on the same block; and any other information as may be required by the Code Official to provide for a proper review and enforcement of the village laws and regulations.

§ 203-115 Sewage disposal facilities required.

No apartment shall be permitted in any district or classification herein described not provided with suitable and efficient municipal sewage disposal facilities unless an independent sewage disposal plant having the approval of the Building Inspector is constructed for the sanitary disposal of the sewage of such buildings.

§ 203-116 Motor vehicle storage places in conjunction with apartment houses.

Storage places for motor vehicles will be permitted on the same lot with apartment houses at the rates prescribed in Article XV for multiple dwellings, but no facilities for other than minor repairs will be permitted therein.

§ 203-117 Location of public garages; entrance doors.

No public garage shall be located less than 40 feet from any residence district on either side thereof, except as provided in Article X, § 203-70, and the vehicular entrance door thereto shall be set back a distance of at least 15 feet from the street line and an open, unoccupied space shall be maintained between said door and the street line. The height of such open, unoccupied space shall be not less than 12 feet, and the other dimensions shall be such that the center of said vehicular entrance door is visible from any point on the street line within a distance of 12 feet each side of the center line of said door. A storage garage as permitted by this Article and Articles VII and VIII in connection with multiple dwellings and apartment houses shall not be deemed a public garage.

§ 203-118 Home occupation.

[Added 3-25-1997 by L.L. No. 6-1997]

A home occupation shall be a permitted use accessory to a permitted principal residential use where expressly so provided in this chapter, provided that such use conforms to the following standards:[1]

No more than 25% of the total floor area of the dwelling unit, or 500 square feet, whichever is the lesser, may be used for such use.

The use shall be conducted wholly within the enclosed walls of the dwelling unit or a permitted accessory building.

There shall be no external evidence of such use except for a sign permitted by this chapter. No stock, merchandise, equipment or displays shall be visible outside the dwelling unit or accessory building where such use is conducted.

No external structural alterations which are not customary to a residential building shall be permitted.

Except where otherwise provided by law, any use which is accessory to and clearly subordinate to the principal use of the dwelling unit for residential purposes, and consistent with the principal use of the dwelling unit as a residence, shall be permitted as a home occupation, except that the following uses are prohibited:

Any form of business or other activity, the primary function of which is the wholesale or retail sale of goods or articles at the premises;

Any use which involves primarily catalog sales or order processing; provided, however, that such use shall be permitted if stock or merchandise is not distributed, stored or delivered to customers or others at the premises.

Automobile, boat or other vehicle repair.

Massage parlor.

Any use which constitutes a public nuisance.

The premises where the home occupation is conducted shall be the principal residence of at least one person conducting the home occupation.

No more than one home occupation may be conducted in any dwelling unit or on any premises.

All persons who are employed at the premises in connection with the home occupation, or who participate in activity at the premises for the operation of the home occupation, shall lawfully reside at the premises as their principle residence, except that no more than one other person may be so employed or so participate in the home occupation.

No home occupation may detract from the residential character of the neighborhood in which it is conducted nor shall the home occupation be conducted in such manner that the structure or premises differs from its residential character by the use of colors, materials, premises layout, construction or lighting.

For home occupations which are of a type in which instruction or classes are given, no more than four students or pupils may be in the dwelling unit or on the premises at any one time, except that the Board of Trustees may grant permission for a reasonable number of additional pupils if it is found that the additional number will not generate additional motor vehicle traffic and will otherwise maintain and be consistent with the residential character of the neighborhood.

In addition to the off-street parking required on the premises for the residential use, each home occupation shall provide one additional off-street parking facility on the premises.

Street parking for the home occupation shall be limited to the area within the street frontage of the premises where the use is conducted and shall be in conformity with any applicable regulations for street parking. Where a home occupation is being conducted on a corner lot, parking shall be within the street frontage of only one street fronting on the premises, as designated by the Village Building Department, and shall be in conformity with any applicable regulations for street parking.

No commercial vehicle associated with the activities of the home occupation may be parked on the premises.

No home occupation shall make, generate or produce any offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines of the premises where the use is conducted shall be deemed offensive for the purposes of this subsection.

No home occupation may constitute a fire hazard to buildings or structures on neighboring properties nor adversely affect neighboring property values or constitute a nuisance or otherwise be detrimental to the owners or occupants of neighboring properties by reason of excessive traffic, excessive or offensive noise, vibration, smoke, electrical interference, dust, heat or odors or other circumstances.

No home occupation shall be open to the public, or to customers or clientele, earlier than 8 a.m. on any day nor later than 9:00 p.m. on any day.

No home occupation shall generate vehicle or pedestrian traffic which is greater than normally generated by permitted uses in the district in which the use is located.

No home occupation shall consist, in whole or in part, of illegal activity or conduct.

No home occupation shall increase demand on water, sewer or solid waste disposal services to the extent that the combined demand for the dwelling and the home occupation is significantly greater than that which is normal to the use of the premises for residential purposes as permitted by the applicable zoning regulations.

Editor's Note: Former § 203-118, Permit required for public garage or service station; hearing; protests, as amended, was repealed 11-26-1996 by L.L. No. 17-1996.

§ 203-119 Generators. [1]

[Added 2-9-2021 by L.L. No. 1-2021]

Definitions. As used in this section, the terms "generator", "equipment" and "permanent standby generator" shall mean and refer to a stationary, outdoor machine designed to provide a temporary source of electricity for a structure or building when electricity from an off-site utility provider has been disrupted.

Permit required. Any person or entity hereafter installing permanent standby generator equipment within the Village of Thomaston shall be required to obtain from the Building Official a permit pursuant to this section, prior to any such installation. No person or entity shall maintain or operate any such generator equipment installed on or after the effective date of this section without a permit as required by this section.

An application for a permit pursuant to this section shall include payment of any applicable permit or application fee, established from time to time by resolution of the Board of Trustees, and the following information form satisfactory to the Building Official:

A copy of the survey of the property upon which the installation is proposed;

A sketch plan of the proposed location of the equipment to be installed, indicating thereon the distances in feet to all property lines;

A brief description of the equipment proposed to be installed;

A copy of the manufacturer's specifications for the unit(s) to be installed; and

Such other information as may from time to time reasonably be requested by the Building Inspector.

Review of application; issuance of permit.

Upon receipt of the required fee and a properly completed permit application, the Building Official promptly shall review the application, and the plans and specifications and other material included therein, and, if necessary, make a visual inspection of the proposed installation site. Before issuing any permit pursuant to this section, the Building Official shall have the power to require reasonable changes deemed necessary, including the power, where appropriate, to require or designate appropriate screening of the equipment.

In issuing a permit pursuant to this section, the Building Official may include such conditions as may be reasonable and proper, and necessary to protect the public health, safety and general welfare, including protection of adjoining properties from visual impacts, noise and odors.

In the event the Building Official determines that the application and the proposed installation are satisfactory and compliant pursuant to this section, the Building Official shall issue a permit pursuant to this Code section, with such conditions as may be permitted as provided in this section.

In Zoning Districts R-6, R-7/7C, R-8, R-9/9B/9C, and R-10 a permanent standby generator shall be installed and maintained only in a rear yard and only in compliance with the following regulations:

A permanent standby generator located in a rear yard shall be located as close to the rear building wall as feasible, while providing sufficient clearance to comply with all applicable building and other safety codes and manufacturer requirements, subject to the rear yard and side yard setback requirements for the zoning district in which the property is located.

No permanent standby generator may exceed a sound rating of 70 decibels, pursuant to the manufacturer's specifications, nor operate at a decibel level in excess of 70dBa measured at a distance of seven meters from the source. The manufacturer's specifications demonstrating compliance with such sound rating shall be submitted with the permit application.

Permanent standby generators shall be used only during electrical power outages, and as required by the manufacturer for maintenance purposes. Except where required in conjunction with an ongoing emergency repair, exercise, testing or maintenance operation shall take place only on Monday through Friday, between the hours of 9:00 a.m. and 5:00 p.m., for a maximum duration not to exceed 30 minutes, and shall not occur more often than once in any calendar week.

In all other zoning districts, permanent standby generators may be installed and maintained only in locations as described in Subsection D(1) of this section, or on the roof of a principal structure. All such equipment shall be operated and maintained, as provided in Subsection D(2) and (3) of this section. All such equipment located on the roof of a structure shall be set back from the roof edge not less than 10 feet and shall be surrounded by screening as reasonably approved by the Building Official to minimize or eliminate visibility from surrounding properties or streets.

Notwithstanding any other provision of this section, the provisions of this section shall not be applicable to a generator installed prior to January 11, 2021, and any such generator may be maintained and operated in its location as of that date, and may be repaired or replaced as reasonably necessary provided that there is no material change in the size or location of such equipment. In any case, the burden of proof to establish that such equipment was installed prior to such date shall be on the owner of the property.

Editor's Note: Former § 203-119, Location of garages and service stations with respect to certain buildings, as amended, was repealed 11-26-1996 by L.L. No. 17-1996.

§ 203-120 Buildings to be located on single lot; subdivisions of land.

[Amended 1-10-1994 by L.L. No. 1-1994]

Regardless of the area of a plot or parcel of land on which a building is hereafter erected or altered, such building shall be located on a single and separately delineated building lot. Any subdivision of land into one or more lots shall require the approval of the Planning Board as otherwise provided by law. Each such building lot, and any building or structure erected or altered thereon, shall conform to the requirements of this chapter.[1]

Editor's Note: Former § 148-96, Subdivision or development fees, amended 1-10-1994 by L.L. No. 1-1994, which immediately followed this section, was repealed 3-1-1994 by L.L. No. 4-1994. Former § 148-97, Additions or extensions to conforming buildings, was repealed 4-25-1989 by L.L. No. 5-1989.

§ 203-121 Minimum floor area of apartments.

[Added 12-10-1990 by L.L. No. 13-1990]

In any district in which apartments are permitted or exist as nonconforming uses, the minimum floor area for any apartment to be constructed or altered to reduce its existing floor area shall be as follows:

	Number of Bedrooms	Floor Area (square feet)
	0	600
	1	800
	2	1,200
	3	1,300
	4	1,600
	Each bedroom in addition to 4	An additional 200 square feet

The term "bedroom" shall include any room or alcove which is not a kitchen, bathroom or living room.

§ 203-122 Air-conditioning and/or heating system equipment.

[Added 12-10-1990 by L.L. No. 13-1990; amended 7-12-2021 by L.L. No. 4-2021]

Permit required. No person, firm or corporation may install or replace outdoor air-conditioning equipment (compressors, cooling towers, and other air-conditioning system equipment, including ductless split systems) within the Village of Thomaston except in compliance with the provisions of this section, and with a permit from the Building Official. No permit shall be issued until all required fees are paid. No person shall maintain or operate any such equipment installed after the effective date of this section without a permit as required by this section.

Such permit application shall include:

A brief description of the equipment proposed to be installed;

A copy of the manufacturer's specifications for the unit to be installed;

The sound rating of the unit;

A survey of property marked with the location and size of the proposed equipment, the distances to the side and rear property lines, and the distance from the front-most portion of the dwelling (for side installations);

The proposed screening as required by this section; and

(f)

Such other information as may reasonably be required by the Building Official.

Such application shall also be accompanied by payment of a permit fee, in an amount established from time to time by resolution of the Board of Trustees.

Residential Zones R-6, R-7, R-7C, R-8, R-9, R-9B, R-9C, R-10: In addition to the requirements set forth in Subsection A of this section, all outdoor compressors, cooling towers and other air-conditioning system equipment, including ductless split systems, shall be located in the rear yard or side yard as follows:

Rear yard installations shall be located immediately adjacent to the rear wall of the dwelling, at least 20 feet distant from the rear property line, and a distance from the side property lines not less than the minimum side yard setback for the zone in which the property is located.

Side yard installations shall be located immediately adjacent to the side wall of the dwelling, at least 10 feet from the front-most portion of the wall of the dwelling along which the equipment is placed, and a distance from the side property line not less than the minimum side yard setback for the zone in which the property is located.

In the case of a corner lot, all outdoor compressors, cooling towers and other air-conditioning system equipment, including ductless split systems, shall be located in the side yard having the greatest width and as set forth in Subsection B(2) of this section. Notwithstanding the foregoing, the Board of Trustees may permit outdoor compressors, cooling towers and other air-conditioning system equipment, including ductless split systems, to be located adjacent to the facade that is the front yard without an entrance to the dwelling. Such installations shall also comply with Subsections B(2) and E of this section.

Nonresidential and Residence A-B Zones. In addition to the requirements set forth in Subsection A of this section, all outdoor compressors, cooling towers and other air-conditioning system equipment, including ductless split systems, shall be located in the rear yard as set forth in Subsection B(1) of this section, or on the roof of the structure. All such equipment in rooftop locations shall be set back from the roof edge not less than 10 feet and shall be surrounded by a form of screening approved by the Village Building Official.

No residential outdoor air-conditioning system equipment may emit sound which exceeds a sound rating of 75 dBA at the nearest property line. A copy the manufacturer's specification for such equipment, including the sound rating of the equipment to be installed, shall be submitted with the permit application .

All residential outdoor air-conditioning equipment located in a side yard shall be fully screened from the adjoining property and the street by evergreen plantings having a minimum height of 6 inches above the highest point of the equipment or solid fencing, having a minimum height of 6 inches above the highest point of the equipment subject to the requirement of § 203-107 (Fences). All such screening shall be in accordance with a plan submitted with the permit application and approved by the Building Official.

All outdoor air-conditioning equipment (as defined in Subsection A of this section) installed at a residential property which is the subject of this section, and was lawfully installed prior to the effective date of this section, may remain in its existing location. No such equipment shall be replaced except with a permit requirement as required by this section. It shall be presumed that any outdoor air-conditioning equipment at a residential property was not lawfully installed before the effective date of this section; the burden of proof shall be upon the property owner to demonstrate to the satisfaction of the Building Official that such equipment was lawfully installed prior to such effective date. Submission of a permit, certificate of completion, or similar documentation shall be sufficient to rebut such presumption.

Thomaston City Zoning Code

ARTICLE XIV

General Regulations

§ 203-99 Nonconforming buildings, lots and uses in residential districts.

[Amended 1-10-1983 by L.L. No. 2-1983; 3-11-1986 by L.L. No. 4-1986; 8-8-1988 by L.L. No. 4-1988; 1-9-1989 by L.L. No. 1-1989; 3-26-1991 by L.L. No. 5-1991]

Nonconforming buildings.

Nonconforming uses.

Nothing in this chapter shall be deemed to prohibit continuance of the use of a building or lot which has become a nonconforming use, subject to the following provisions of this section.

A use which has become a nonconforming use shall not:

Be moved, in whole or in part, from the location within the lot on which it is conducted to another location within such lot.

Be moved to a lot other than the lot on which such use was conducted at the time such use became a nonconforming use unless such use is a permitted use on such other lot.

The use of a building or lot which is a nonconforming use shall not be changed except to a use permitted for such building or lot.

A building which is utilized for a nonconforming use shall not be enlarged or otherwise changed unless, after such enlargement or other change, such building is utilized for a permitted use.

(8)

Damage to nonconforming use.

Nonconforming lots.

§ 203-100 Nonconforming buildings, lots and uses in all districts other than residential districts.

[Added 3-26-1991 by L.L. No. 5-1991]

Nonconforming buildings.

If a nonconforming building is damaged by fire or casualty, said building may be repaired, reconstructed or rebuilt under the same terms and conditions as set forth in § 203-99B(8) of this Code.

Nonconforming uses.

Any nonconforming use legally existing on December 1, 1990, may continue. No nonconforming use may be substituted for or added to any existing legal nonconforming use.

Nonconforming lots.

No lot shall be subdivided so as to create any new lot which does not conform or so that the building or buildings on such new lots do not conform to the requirements of this chapter with respect to area, depth, street frontage, front yard, rear yard, side yard or other dimensional aspect or off-street parking requirements.

Any nonconforming lot legally in existence on December 1, 1990, may be continued, provided that said lot remains in ownership different from the ownership of any contiguous lot.

No nonconforming lot shall be reduced in size or in any other aspect in which it does not conform to the zoning regulations in effect on December 1, 1990.

[Added 3-21-1996 by L.L. No. 5-1996[1]]

Temporary provisions for expansion or alteration of buildings used for nonconforming uses. Notwithstanding the provisions of this section, the Board of Trustees may grant permission for the expansion or enlargement of a building in the Business District which is used for a nonconforming use where the Board of Trustees determines that the proposed alteration or expansion will facilitate and improve the orderly use of the subject property, permit the removal or rehabilitation of a structure which the village deems inappropriate for use for the nonconforming use and reduce the degree to which existing buildings and structures on the property do not conform to the then-current provisions of this chapter. Such permission may be granted by the Board without a public hearing, upon such terms and conditions as the Board may determine are reasonable and appropriate and which will prevent or inhibit further expansion or alteration of the nonconforming use. Any such grant of permission shall include a requirement that within nine months after such grant of permission a building permit be obtained for the construction authorized by such permission.[2]

[Added 8-27-1996 by L.L. No. 12-1996]

[2]

§ 203-101 Offensive and obnoxious uses.

§ 203-102 Visual obstructions at intersections.

§ 203-103 Irregular lots.

§ 203-104 Accessory building setbacks; maximum height.

[Amended 7-11-1994 by L.L. No. 9-1994]

On corner lots, accessory buildings shall be located as far as possible from all street lines while conforming to the requirements of the above subsection.

§ 203-105 Projections into yards.

No building or part of a building shall be erected in or shall project into a rear yard, front yard or side yard, with the following exceptions:

Cornices, eaves, gutters or chimneys projecting not more than 18 inches.

One-story bay windows projecting not more than two feet for a width not exceeding eight feet.

Open balconies, steps and terraces.

As provided in § 203-70 of Article X.[1]

The exceptions in Subsection A(1) through (5) above are subject to building area restrictions as provided for elsewhere in this chapter.

§ 203-106 Courts.

Courts shall be governed by the following restrictions:

Editor's Note: Former § 148-82, Average setback line, which immediately followed this subsection, was repealed 2-8-1988 by L.L. No. 1-1988.

§ 203-107 Fences.

[Added 11-27-1990 by L.L. No. 11-1990]

No fence shall be erected or installed which exceeds a height of six feet above the existing natural grade on any property in a residential district.[1]

Editor's Note: See also § 203-91 for fencing requirements for swimming pools.

[Amended 10-31-1995 by L.L. No. 7-1995]

No fence shall be erected or installed in a front yard.

[Amended 1-10-1994 by L.L. No. 1-1994]

§ 203-108 Extension of districts back from streets on which they front.

[Amended 8-8-1988 by L.L. No. 4-1988]

Unless otherwise designated on the Zoning Map and except as otherwise expressly provided in Article II, § 203-4 of this chapter:

Apartment B Districts extend 110 feet back from the street or streets on which they front.

[Amended 6-9-1980 by L.L. No. 18-1980]

[Amended 9-27-1994 by L.L. No. 13-1994]

§ 203-109 Determination of front yard depth.

§ 203-110 Building setback on business streets.

Where business streets are less than 50 feet in width, buildings shall be set not nearer the street line than 25 feet from the center line of the street.

§ 203-111 Effect of regulations on buildings under construction.

§ 203-112 Reduction of yard areas prohibited.

§ 203-113 Elevator service in multifamily residences.

§ 203-114 Building permit required; filing of plans.

[Amended 8-12-1985 by L.L. No. 8-1985]

§ 203-115 Sewage disposal facilities required.

§ 203-116 Motor vehicle storage places in conjunction with apartment houses.

§ 203-117 Location of public garages; entrance doors.

§ 203-118 Home occupation.

[Added 3-25-1997 by L.L. No. 6-1997]

No more than 25% of the total floor area of the dwelling unit, or 500 square feet, whichever is the lesser, may be used for such use.

The use shall be conducted wholly within the enclosed walls of the dwelling unit or a permitted accessory building.

No external structural alterations which are not customary to a residential building shall be permitted.

Any form of business or other activity, the primary function of which is the wholesale or retail sale of goods or articles at the premises;

Automobile, boat or other vehicle repair.

Massage parlor.

Any use which constitutes a public nuisance.

The premises where the home occupation is conducted shall be the principal residence of at least one person conducting the home occupation.

No more than one home occupation may be conducted in any dwelling unit or on any premises.

In addition to the off-street parking required on the premises for the residential use, each home occupation shall provide one additional off-street parking facility on the premises.

No commercial vehicle associated with the activities of the home occupation may be parked on the premises.

No home occupation shall be open to the public, or to customers or clientele, earlier than 8 a.m. on any day nor later than 9:00 p.m. on any day.

No home occupation shall generate vehicle or pedestrian traffic which is greater than normally generated by permitted uses in the district in which the use is located.

No home occupation shall consist, in whole or in part, of illegal activity or conduct.

Editor's Note: Former § 203-118, Permit required for public garage or service station; hearing; protests, as amended, was repealed 11-26-1996 by L.L. No. 17-1996.

§ 203-119 Generators. [1]

[Added 2-9-2021 by L.L. No. 1-2021]

A copy of the survey of the property upon which the installation is proposed;

A sketch plan of the proposed location of the equipment to be installed, indicating thereon the distances in feet to all property lines;

A brief description of the equipment proposed to be installed;

A copy of the manufacturer's specifications for the unit(s) to be installed; and

Such other information as may from time to time reasonably be requested by the Building Inspector.

Review of application; issuance of permit.

In Zoning Districts R-6, R-7/7C, R-8, R-9/9B/9C, and R-10 a permanent standby generator shall be installed and maintained only in a rear yard and only in compliance with the following regulations:

Editor's Note: Former § 203-119, Location of garages and service stations with respect to certain buildings, as amended, was repealed 11-26-1996 by L.L. No. 17-1996.

§ 203-120 Buildings to be located on single lot; subdivisions of land.

[Amended 1-10-1994 by L.L. No. 1-1994]

§ 203-121 Minimum floor area of apartments.

[Added 12-10-1990 by L.L. No. 13-1990]

	Number of Bedrooms	Floor Area (square feet)
	0	600
	1	800
	2	1,200
	3	1,300
	4	1,600
	Each bedroom in addition to 4	An additional 200 square feet

The term "bedroom" shall include any room or alcove which is not a kitchen, bathroom or living room.

§ 203-122 Air-conditioning and/or heating system equipment.

[Added 12-10-1990 by L.L. No. 13-1990; amended 7-12-2021 by L.L. No. 4-2021]

Such permit application shall include:

A brief description of the equipment proposed to be installed;

A copy of the manufacturer's specifications for the unit to be installed;

The sound rating of the unit;

The proposed screening as required by this section; and

(f)

Such other information as may reasonably be required by the Building Official.

Such application shall also be accompanied by payment of a permit fee, in an amount established from time to time by resolution of the Board of Trustees.

Thomaston City Zoning Code

ARTICLE XIV

General Regulations

§ 203-99 Nonconforming buildings, lots and uses in residential districts.

[Amended 1-10-1983 by L.L. No. 2-1983; 3-11-1986 by L.L. No. 4-1986; 8-8-1988 by L.L. No. 4-1988; 1-9-1989 by L.L. No. 1-1989; 3-26-1991 by L.L. No. 5-1991]

Nonconforming buildings.

Nonconforming uses.

Nothing in this chapter shall be deemed to prohibit continuance of the use of a building or lot which has become a nonconforming use, subject to the following provisions of this section.

A use which has become a nonconforming use shall not:

Be moved, in whole or in part, from the location within the lot on which it is conducted to another location within such lot.

Be moved to a lot other than the lot on which such use was conducted at the time such use became a nonconforming use unless such use is a permitted use on such other lot.

The use of a building or lot which is a nonconforming use shall not be changed except to a use permitted for such building or lot.

A building which is utilized for a nonconforming use shall not be enlarged or otherwise changed unless, after such enlargement or other change, such building is utilized for a permitted use.

(8)

Damage to nonconforming use.

Nonconforming lots.

§ 203-100 Nonconforming buildings, lots and uses in all districts other than residential districts.

[Added 3-26-1991 by L.L. No. 5-1991]

Nonconforming buildings.

If a nonconforming building is damaged by fire or casualty, said building may be repaired, reconstructed or rebuilt under the same terms and conditions as set forth in § 203-99B(8) of this Code.

Nonconforming uses.

Any nonconforming use legally existing on December 1, 1990, may continue. No nonconforming use may be substituted for or added to any existing legal nonconforming use.

Nonconforming lots.

No lot shall be subdivided so as to create any new lot which does not conform or so that the building or buildings on such new lots do not conform to the requirements of this chapter with respect to area, depth, street frontage, front yard, rear yard, side yard or other dimensional aspect or off-street parking requirements.

Any nonconforming lot legally in existence on December 1, 1990, may be continued, provided that said lot remains in ownership different from the ownership of any contiguous lot.

No nonconforming lot shall be reduced in size or in any other aspect in which it does not conform to the zoning regulations in effect on December 1, 1990.

[Added 3-21-1996 by L.L. No. 5-1996[1]]

Temporary provisions for expansion or alteration of buildings used for nonconforming uses. Notwithstanding the provisions of this section, the Board of Trustees may grant permission for the expansion or enlargement of a building in the Business District which is used for a nonconforming use where the Board of Trustees determines that the proposed alteration or expansion will facilitate and improve the orderly use of the subject property, permit the removal or rehabilitation of a structure which the village deems inappropriate for use for the nonconforming use and reduce the degree to which existing buildings and structures on the property do not conform to the then-current provisions of this chapter. Such permission may be granted by the Board without a public hearing, upon such terms and conditions as the Board may determine are reasonable and appropriate and which will prevent or inhibit further expansion or alteration of the nonconforming use. Any such grant of permission shall include a requirement that within nine months after such grant of permission a building permit be obtained for the construction authorized by such permission.[2]

[Added 8-27-1996 by L.L. No. 12-1996]

[2]

§ 203-101 Offensive and obnoxious uses.

§ 203-102 Visual obstructions at intersections.

§ 203-103 Irregular lots.

§ 203-104 Accessory building setbacks; maximum height.

[Amended 7-11-1994 by L.L. No. 9-1994]

On corner lots, accessory buildings shall be located as far as possible from all street lines while conforming to the requirements of the above subsection.

§ 203-105 Projections into yards.

No building or part of a building shall be erected in or shall project into a rear yard, front yard or side yard, with the following exceptions:

Cornices, eaves, gutters or chimneys projecting not more than 18 inches.

One-story bay windows projecting not more than two feet for a width not exceeding eight feet.

Open balconies, steps and terraces.

As provided in § 203-70 of Article X.[1]

The exceptions in Subsection A(1) through (5) above are subject to building area restrictions as provided for elsewhere in this chapter.

§ 203-106 Courts.

Courts shall be governed by the following restrictions:

Editor's Note: Former § 148-82, Average setback line, which immediately followed this subsection, was repealed 2-8-1988 by L.L. No. 1-1988.

§ 203-107 Fences.

[Added 11-27-1990 by L.L. No. 11-1990]

No fence shall be erected or installed which exceeds a height of six feet above the existing natural grade on any property in a residential district.[1]

Editor's Note: See also § 203-91 for fencing requirements for swimming pools.

[Amended 10-31-1995 by L.L. No. 7-1995]

No fence shall be erected or installed in a front yard.

[Amended 1-10-1994 by L.L. No. 1-1994]

§ 203-108 Extension of districts back from streets on which they front.

[Amended 8-8-1988 by L.L. No. 4-1988]

Unless otherwise designated on the Zoning Map and except as otherwise expressly provided in Article II, § 203-4 of this chapter:

Apartment B Districts extend 110 feet back from the street or streets on which they front.

[Amended 6-9-1980 by L.L. No. 18-1980]

[Amended 9-27-1994 by L.L. No. 13-1994]

§ 203-109 Determination of front yard depth.

§ 203-110 Building setback on business streets.

Where business streets are less than 50 feet in width, buildings shall be set not nearer the street line than 25 feet from the center line of the street.

§ 203-111 Effect of regulations on buildings under construction.

§ 203-112 Reduction of yard areas prohibited.

§ 203-113 Elevator service in multifamily residences.

§ 203-114 Building permit required; filing of plans.

[Amended 8-12-1985 by L.L. No. 8-1985]

§ 203-115 Sewage disposal facilities required.

§ 203-116 Motor vehicle storage places in conjunction with apartment houses.

§ 203-117 Location of public garages; entrance doors.

§ 203-118 Home occupation.

[Added 3-25-1997 by L.L. No. 6-1997]

No more than 25% of the total floor area of the dwelling unit, or 500 square feet, whichever is the lesser, may be used for such use.

The use shall be conducted wholly within the enclosed walls of the dwelling unit or a permitted accessory building.

No external structural alterations which are not customary to a residential building shall be permitted.

Any form of business or other activity, the primary function of which is the wholesale or retail sale of goods or articles at the premises;

Automobile, boat or other vehicle repair.

Massage parlor.

Any use which constitutes a public nuisance.

The premises where the home occupation is conducted shall be the principal residence of at least one person conducting the home occupation.

No more than one home occupation may be conducted in any dwelling unit or on any premises.

In addition to the off-street parking required on the premises for the residential use, each home occupation shall provide one additional off-street parking facility on the premises.

No commercial vehicle associated with the activities of the home occupation may be parked on the premises.

No home occupation shall be open to the public, or to customers or clientele, earlier than 8 a.m. on any day nor later than 9:00 p.m. on any day.

No home occupation shall generate vehicle or pedestrian traffic which is greater than normally generated by permitted uses in the district in which the use is located.

No home occupation shall consist, in whole or in part, of illegal activity or conduct.

Editor's Note: Former § 203-118, Permit required for public garage or service station; hearing; protests, as amended, was repealed 11-26-1996 by L.L. No. 17-1996.

§ 203-119 Generators. [1]

[Added 2-9-2021 by L.L. No. 1-2021]

A copy of the survey of the property upon which the installation is proposed;

A sketch plan of the proposed location of the equipment to be installed, indicating thereon the distances in feet to all property lines;

A brief description of the equipment proposed to be installed;

A copy of the manufacturer's specifications for the unit(s) to be installed; and

Such other information as may from time to time reasonably be requested by the Building Inspector.

Review of application; issuance of permit.

In Zoning Districts R-6, R-7/7C, R-8, R-9/9B/9C, and R-10 a permanent standby generator shall be installed and maintained only in a rear yard and only in compliance with the following regulations:

Editor's Note: Former § 203-119, Location of garages and service stations with respect to certain buildings, as amended, was repealed 11-26-1996 by L.L. No. 17-1996.

§ 203-120 Buildings to be located on single lot; subdivisions of land.

[Amended 1-10-1994 by L.L. No. 1-1994]

§ 203-121 Minimum floor area of apartments.

[Added 12-10-1990 by L.L. No. 13-1990]

	Number of Bedrooms	Floor Area (square feet)
	0	600
	1	800
	2	1,200
	3	1,300
	4	1,600
	Each bedroom in addition to 4	An additional 200 square feet

The term "bedroom" shall include any room or alcove which is not a kitchen, bathroom or living room.

§ 203-122 Air-conditioning and/or heating system equipment.

[Added 12-10-1990 by L.L. No. 13-1990; amended 7-12-2021 by L.L. No. 4-2021]

Such permit application shall include:

A brief description of the equipment proposed to be installed;

A copy of the manufacturer's specifications for the unit to be installed;

The sound rating of the unit;

The proposed screening as required by this section; and

(f)

Such other information as may reasonably be required by the Building Official.

Such application shall also be accompanied by payment of a permit fee, in an amount established from time to time by resolution of the Board of Trustees.