Town Of Chatham City Zoning Code
ARTICLE V
Provisions Applicable to All Districts
§ 180-24 Applicability.
The following provisions shall apply to all districts, except where listed.
§ 180-25 Coverage.
In all districts, structures may not cover more than 30% of the lot. In residential cluster projects, although individual structure may exceed this requirement, the overall project may not.
§ 180-26 Height regulations.
Except for farming purposes, in all districts structures shall not exceed a height of 35 feet above average ground level unless approved by the Board of Appeals. The Board of Appeals may authorize a variance to the height regulations in any district, provided that such an increase will not be disruptive to its surrounding, and provided that it does not constitute a hazard.
§ 180-27 Setback.
Yards (side, front, back): See Tables of Required Yards (Article III) and also Exhibit A, which illustrates yards.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
§ 180-28 Proposed streets.
After a line of a future street is placed on the official highway map of the Town of Chatham, buildings erected thereafter shall be set back from such line as though it were a street line.
§ 180-29 Home occupations.
[Amended 7-15-1999 by L.L. No. 1-1999]
A.
Every home occupation shall be subject to the following conditions:
(1)
The home occupation shall be carried on by persons living in the dwelling and not more than three on-premises employees who are not living in the dwelling.
(2)
Exterior signs or displays other than those permitted under § 180-32 and exterior indication of the home occupation or variation from the residential character of the principal structure are not permitted.
(3)
Excessive noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare are not permitted. Sources of glare should not be obtrusive beyond the bounds of the property.
(4)
No traffic shall be generated by such home occupation in greater volumes that would normally be expected in the neighborhood.
B.
Home occupations are permitted in all districts without a permit; provided, however, that a site plan review shall be required for home occupations having one or more of the following characteristics:
(1)
Two or more employees not having their residences on the premises.
(2)
The regular on-premises delivery, shipment or servicing of physical products.
(3)
The regular or numerous visits to the premises by clients or customers.
(4)
An on-premises sign about the home occupation.
(5)
Outdoor storage of equipment or material used in the home occupation.
(6)
Outdoor lighting required by the home occupation.
C.
Site plan review shall be in accordance with § 180-17 and the following considerations:
(1)
There shall be sufficient off-street parking for vehicles of all employees, transporters, customers and other persons involved with the home occupation. Whenever practical, and with consideration of the quantity and frequency of expected traffic, parking spaces shall be located so as to be screened form the public roadway by structures, fencing, landscaping or other acceptable screening. Front yard parking may be prohibited, if such would not be in keeping with the aesthetics and characteristics of the neighborhood.
(2)
Storage of equipment and materials. Equipment and materials used in the home occupation shall be stored within an enclosed structure or screened from neighbors and travelways. For the purposes of this section, highway vehicles shall be treated as vehicles and not equipment, but highway trailers shall be treated as equipment and therefore must be screened.
(3)
Hours of operation utilizing nonresident employees will be from 7:00 a.m. to 6:00 p.m. unless the Board finds that longer or different hours of operation will not be disruptive to the peace or harmony of the area in which the home occupation is located.
(4)
Outdoor lighting shall be in accordance with this chapter.
D.
Where no site plan review is required, the Zoning Enforcement Officer is authorized to issue a letter that a home occupation is permitted based upon such an application and as such officer may find reasonably appropriate. The Town Board may set or from time to time modify an appropriate fee for this activity.
§ 180-30 Off-street parking.
Off-street parking spaces shall be provided in accordance with the specifications in this section in any district whenever any new use is established or existing use is enlarged. Public off-street parking in lieu of on-site parking may be utilized to fulfill parking requirements when provided for this purpose within a distance appropriate to the proposed use, but not exceeding 400 feet, upon approval of the Zoning Board of Appeals.
Use | Parking Spaces Required |
|---|---|
Lodging house | 1 for each lodging unit |
Residential | 2 per dwelling unit |
Church and school | 1 per 3 seats in principal assembly room |
Private club or lodge | 1 per 4 members |
Theater | 1 per 4 seats |
Hospital, nursing and convalescent homes | 1 per 3 beds and 1 for each employee based on the expected average employee occupancy |
Professional offices, business services and medical clinics | 1 for every 250 square feet of gross building floor area |
Retail businesses and personal service establishments | 1 for each 180 square feet of gross building floor area |
Eating and drinking establishments | 1 for every 3 seats |
Industrial | 1 for each 1.2 employees, based on the highest expected average employee occupancy |
Funeral homes | 1 for each 75 square feet of floor space in slumber rooms, parlors and individual service rooms |
§ 180-31 Off-street loading.
Off-street loading which is spaced logically, conveniently located for bulk, pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled, shall be provided for all commercial and industrial uses. Required off-street loading space is not to be included as off-street parking space.
§ 180-32 Signs.
Signs as defined in Article II are specifically prohibited, except as herein provided:
A.
All signs must be constructed of durable materials and shall be maintained in good condition and repair at all times.
B.
In any district, a sign not exceeding four square feet is permitted which announces the name, address or professional or home occupation of the occupant of the premises on which said sign is located.
C.
A bulletin board not exceeding 24 square feet is permitted in connection with any church, school or similar public structure.
D.
A temporary real estate or construction sign, not exceeding 24 square feet is permitted on the property being sold, leased or developed. Such sign shall be removed when the property has been sold, leased or developed.
E.
A business sign shall be permitted in connection with any legal business or industry located on the premises, and meeting the following requirements:
(1)
Two signs are permitted with any legally established business, one freestanding and the other attached to the building.
(2)
The primary purpose of the sign shall be for identification and not for advertising and may state only the owner, trade names, trademarks and products sold and/or the business or activity conducted on the premises on which the sign is located.
(3)
Signs shall not extend above the roof or parapet of the building. The height of a freestanding sign shall not exceed 18 feet.
[Amended 7-15-1999 by L.L. No. 1-1999]
(4)
Illuminated signs shall be shielded in such a way as to produce no glare, undue distraction, confusion or hazard to the surrounding area or to vehicular traffic. Illumination shall be properly focused upon or from within the sign itself.
(5)
Signs which are animated, flashing, or with intermittent illumination are prohibited.
(6)
Signs shall not project over public rights-of-way or property lines.
(7)
Sign size shall be in proportion to the land use, lot and building size, but in no case exceed 1/2 square foot per linear foot of lot frontage. Maximum square footage of any sign shall be 100 square feet or a total of 150 square feet for the two signs.
(8)
Signs on canopies are prohibited.
[Added 7-15-1999 by L.L. No. 1-1999]
F.
Any sign which becomes in disrepair may be removed upon order of the Town Board if not repaired after 30 days notice. Any new sign must conform to all regulations.
G.
Signs off-site may be permitted by the Board of Appeals for businesses, churches or service organizations located in Chatham only if necessary for directional purposes.
§ 180-33 Offensive use.
A.
Any use, including a permitted use, that may be offensive or injurious by reason of production, emission of odor, dust, smoke, refuse matter, fumes, noise, vibration or similar conditions, or that is dangerous to the comfort, peace, enjoyment, health or safety of the community or lending to its disturbance or annoyance, is prohibited.
B.
Outdoor lighting shall be so shielded to prevent the light source being visible off site or otherwise constitute offensive glare.
[Added 7-15-1999 by L.L. No. 1-1999]
§ 180-34 Air pollution, noise and fire controls.
A.
It shall be unlawful within the Town of Chatham for any person, owner, agent, operator, firm or corporation to permit or cause, suffer or allow the discharge, emission or release into the atmosphere from any source whatsoever of soot, fly ash, dust, cinders, dirt, oxides, gases, vapors, odors, toxic or radioactive substances, waste, particulate, solid, liquid, gaseous matter or any other materials in such place, manner or concentration as to constitute atmospheric pollution.
B.
Odor. Tanneries, stock yards, feedlots with a capacity in excess of 300 head, glue factories, oil refineries, soap factories, artificial gas manufacture, rubber manufacture, fertilizer manufacture and similar uses must present detailed plans for elimination of offensive odors to the Zoning Board of Appeals before a permit is granted.
C.
Noxious gases. Detailed plans of any process likely to emit noxious gases must be presented to the Zoning Board of Appeals indicating elimination of such gases or fumes before permit is granted.
D.
Fire and safety hazards. Only buildings which are in conformity with the New York State Uniform Fire Prevention and Building Code, if any, are permitted.
E.
Noise. A maximum of 90 decibels at the property line shall not be exceeded. These regulations shall also apply to aircraft.
§ 180-35 Water recreation and water storage.
[Amended 4-1-1993 by L.L. No. 1-1993]
Any facility for water recreation, such as private swimming pools, outdoor water storage tank, swimming clubs and commercial fishing pond, or any other water storage facility, such as reservoirs, fish hatcheries, lobster pounds or sewage lagoons, but not including farm or residential ponds, shall comply with the following requirements:
A.
The facility shall conform with the setback requirements, as provided for in the zoning district in which the facility is located.
[Amended 7-15-1999 by L.L. No. 1-1999]
B.
Unless a waiver is granted upon application to the Zoning Board of Appeals, all private swimming pools shall be enclosed by a fence and gate(s) in accordance with the New York State Uniform Fire Prevention and Building Code to prevent uncontrolled access by small children. If prescribed by the Zoning Board of Appeals for safety reasons, other water recreation and storage facilities shall be enclosed by a similar fence.
[Amended 7-15-1999 by L.L. No. 1-1999]
C.
The facility, if operated to attract visitors, shall comply with parking requirements established by § 180-30.
E.
Farm or residential ponds. It is the intent of this chapter to simplify the permitting of farm and residential ponds in the Town of Chatham. To this end, the Town Zoning Enforcement Officer is hereby authorized to issue permits for farm and residential ponds, provided that the same comply with the following requirements:
(1)
Ponds may be unfenced, provided that no slide slope exceeds 30° at any point.
(2)
Ponds with any slide slope in excess of 30° must be fenced in accordance with the New York State Uniform Fire Prevention and Building Code swimming pool fencing requirements.
(3)
Ponds must meet all setback requirements for zoning district in which they are situate.
§ 180-36 Trailers and mobile homes.
§ 180-37 Storage of mobile homes, boats, trailers and trucks.
Except as may be otherwise permitted under the provisions of this chapter or any other Town regulation, no mobile home, boat, trailer or truck shall be stored in the front yard in any district.
§ 180-38 Agricultural uses.
Agricultural uses shall comply with the following requirements:
A.
Farm buildings, other than a dwelling, shall not be erected within 100 feet of a neighboring property. However, in both the Hamlet-One (H-1) and Hamlet-Two (H-2) zones, respectively, such farm buildings may be erected within 45 feet of a neighboring property.
[Amended 10-18-2007 by L.L. No. 7-2007]
B.
Feed lots, fenced runs, pens and facilities of similar intensity used for animal raising and care shall not be located within 100 feet of a neighboring property, excluding pastures.
§ 180-39 Temporary structures.
Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a twelve-month period. Residing in basement or foundation structures before the completion of the total structure shall not be allowed for a period longer than two years, unless an extension of time is granted by the Zoning Board of Appeals.
§ 180-40 Grading permits.
[Added 10-16-2002 by L.L. No. 4-2002[1]
A.
The extraction of minerals off site of less than 100 cubic yards within 12 consecutive months shall require a grading permit issued by the Town Code Enforcement Officer. A grading permit shall also be required for the moving of topsoil, sand, earth and/or gravel from one portion of a premises to another portion of the same premises as an incident to construction of a building or other improvement to land or landscaping where greater than one acre of land is disturbed. The applicant shall file a grading plan with topographical map(s) of the area on which the extraction or redistribution shall be conducted, demonstrating such topographical conditions as is expected, both before work is commenced and after the work is completed, showing contour elevations at intervals of heights of two feet and such other information as may be required by the Town Code Enforcement Officer.
B.
The Town Code Enforcement Officer shall be authorized to issue a grading permit for the removal of not more than 100 cubic yards of excavated minerals and for which one of the specified exemptions listed herein above does not apply. Separate permits for a single lot shall not total more than 100 cubic yards within any ten-year period. No excavation of soil, natural products or rock shall adversely affect natural drainage or the structural stability or safety of adjoining buildings or lands. Excavations shall not create objectionable dust or noise nor create any kind of noxious or injurious substance or cause a public hazard.
C.
No finished slope shall be created with holes or hills, or which slopes down from any adjoining property steeper than one foot vertical to two feet horizontal, and no embankment shall be created which slopes upward from any adjacent property line steeper than one foot vertical to three feet horizontal, unless an adequate retaining wall is constructed in accordance with plans prepared by a professional engineer licensed to practice in New York State.
[1]
Editor's Note: This local law also repealed former § 180-40, Excavation of lands, as amended.
§ 180-41 On-site water and sewer systems.
A.
Septic tanks, tile or drainage fields, and seepage pits shall be located on a lot so as to have the following minimum separation distances:
[Amended 1-9-1997 by L.L. No. 1-1997]
Distance from any: | Septic Tank (feet) | Tile or Drainage Field (feet) | Seepage Pit (feet) |
|---|---|---|---|
Well | 50 | 100 | 150 |
Residence | 10 | 20 | 20 |
Property line | 25 | 50 | 50 |
Surface water | 50 | 100 | 100 |
B.
Other types of on-site systems. The location of structures for other types of systems shall have the same setback requirements that are required for septic tanks. Any discharge pipe from such systems shall be so located as not to be a potential cause of pollution for any water supply.
C.
Replacement of existing systems. This section shall not apply to replacement of existing systems.
D.
Water supply. Wells and other sources of water for human consumption or use shall be located at least 50 feet from any lot line. When the size, shape or soil conditions of a pre-existing lot may necessitate the placing of such water supply closer than 50 feet to a lot line, the location of the water supply shall be subject to the approval of the Columbia County Department of Health.
E.
Pollution. All new sewage systems shall be so located as not to be a source or a potential source of pollution for any water supply or water bodies.
§ 180-42 Burned buildings.
No owner or occupant of land in any district shall permit burned buildings or other ruins to be left standing, but within one year shall remove or refill the same to clear ground level or shall repair, rebuild or replace the structure.
§ 180-43 Special permits. [1]
A.
General provision.
(1)
The special uses for which conformance to additional standards is required shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
(2)
When site plan review is required by this chapter, it shall be submitted to the Planning Board while simultaneously applying to the Zoning Board of Appeals for a special permit.
B.
Required plan.
(1)
A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special permit, and such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of this chapter.
(2)
This same data is also needed for the site plan review. Accordingly, there may be circumstances where simultaneous submission of applications may be permissible.
[1]
Editor's Note: Jurisdiction over and review of special use permits was transferred from the Zoning Board of Appeals to the Planning Board 3-18-2021 by L.L. No. 1-2021.
§ 180-44 Approval of special use permits. [1]
[Added 7-15-1999 by L.L. No. 1-1999]
A.
Definition of special use permits. As used in this section, the term "special use permit" shall mean an authorization of a particular land use which is permitted in by this chapter, subject to requirements imposed by this chapter, to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such requirements are met.
B.
Approval of special use permits. The Zoning Board of Appeals shall grant special use permits upon the finding by the Board that granting this special use permit will be in harmony with this chapter and will not adversely affect the neighborhood in which the use will occur.
C.
Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 267-b of the Town Law without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations.
D.
Conditions attached to the issuance of special use permits. The authorized Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to an incidental to the proposed special use permit. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the town.
E.
Waiver of requirements. The Town Board may further empower the authorized Board to, when reasonable, waive any requirements for the approval, approval with modifications or disapproval of special use permits submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in this chapter, may be exercised in the event that any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.
F.
Public hearing and decision on special use permits. The authorized Board shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under this section. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town as least five days prior to the date thereof. The authorized Board shall decide upon the application within 62 days after the hearing. The time within which the authorized Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the authorized Board on the application after the holding on the public hearing shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
G.
Notice to applicant and County Planning Board or Agency or Regional Planning Council. At least 10 days before such hearing, the authorized Board shall mail notices thereof to the applicant and to the County Planning Board or Agency or Regional Planning Council, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law.
H.
Compliance with State Environmental Quality Review Act. The authorized Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
I.
Court review. Any person aggrieved by a decision of the Planning Board or such other designated body or any officer, department, board or bureau of the Town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision by such board in the office of the Town Clerk. The court may take evidence or appoint a referee to take such evidence as it may direct and report the same, with findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter. The court shall itself dispose of the matter on the merits, determining all questions which may be presented for determination.
J.
Costs. Costs shall not be allowed against the Planning Board or other administrative body designated by the Town Board unless it shall appear to the court that it acted with gross negligence, in bad faith or with malice in making the decision appealed from.
K.
Preference. All issues addressed by the court in any proceeding under this section shall have preference over all civil actions and proceedings.
L.
Expiration. A special permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six months for any reason, and a new permit shall be prepared for continuance for a special permit use.
M.
Existing violations. No permit shall be issued for a special use for a property where there is an existing violation of this chapter.
N.
Standards applicable to all special uses.
(1)
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to it and the location of the site with respect to the existing or future streets giving access to it shall be such that it will be in harmony with the orderly development of the district, and the location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
(2)
Operations in connection with any special use shall not be more objectionable to nearby properties, by reason of noise, fumes, vibration or flashing lights, than would be the operations of any permitted use.
[1]
Editor's Note: Jurisdiction over and review of special use permits was transferred from the Zoning Board of Appeals to the Planning Board 3-18-2021 by L.L. No. 1-2021.