Tusten Town City Zoning Code
ARTICLE V
Supplementary Regulations for Buildings and Lots
§ 300-5.0 Exceptions to district regulations.
A.
Height exceptions. With the exception of the Scenic Overlay (SO) District, which is specified in more detail in Article VI, § 300-6.17, the following structures shall be exempt from the height limitations set forth in the schedule of district regulations: farm structures, private home antennas, spires, belfries, cupolas, water tanks, ventilators, chimneys, solar energy devices, windmills for personal use, transmission towers, flag poles, skylights, and other appurtenances usually required be placed above the roof level and not intended for human occupancy.
B.
Yard exceptions. The following structures are exempted from the yard requirements specified in § 300-4.0:
(1)
Chimneys, open trellis, uncovered steps, or a terrace not higher than one foot from ground level.
(2)
Overhanging roof not in excess of three feet.
(3)
Awning or moveable canopy not extending more than 10 feet into required yard.
(4)
Fences or walls of lawful height along a common property line.
(5)
Within the GR, RB, and DB Districts, if two or more existing dwellings are located within 200 feet on each side of a proposed dwelling and on the same side of the street within the same block and district, said proposed dwelling shall not have a front yard greater than the average setback of all existing dwellings so located. This provision may be waived by the Planning Board for good cause.
§ 300-5.1 Lot regulations.
A.
Corner lots.
(1)
Corner lots. On a corner lot, front yards are required on all street frontages, and one yard other than the front yards shall be deemed to be a rear yard, and the other or others, side yards.
(2)
Clear sight triangles. Visual obstructions at street intersections (excluding an existing building, post, public utility structures, column or tree) exceeding four feet in height shall be prohibited on any lot within the triangle formed by the street lot lines of the lot and a line drawn between points along the right-of-way lines 75 feet distant from the point of intersection of the right-of-way lines.
B.
Lot coverage and calculation of lot coverage. Lot coverage shall not be greater than is permitted in the applicable zoning district as stipulated in the schedule of district regulations in Article IV of this chapter. Land cleared as part of the building or development process shall be improved, landscaped or otherwise protected from erosion. In determining the percentage of lot coverage, all principal buildings, roofed porches, garages, carports and other accessory buildings and impervious surfaces shall be included.
§ 300-5.2 Height and yard regulations.
No building or structure shall have a greater height than is permitted in the district where such building or structure is located, except as provided in § 300-5.0A. As noted in § 300-5.0A, chimneys, cupolas, silos, fire towers, steeples, water towers, spires or necessary mechanical appurtenances that are part of a building may exceed the height limitations established by this chapter; but no such structure shall be used as a place of habitation or for tenant purposes. Communication towers and similar freestanding structures proposed in excess of the permitted height in a district shall be treated as special uses. The provisions of this section shall not apply to agriculture or farm operations.
A.
Yard regulations. Every part of a required yard must be open to the sky and be unobstructed except for plantings and, in the case of side yards and rear yards, ordinary projections of chimneys, steps, sills, cornices and ornamental features, not extending more than three feet beyond the building wall, and fire escapes not extending more than four feet beyond the building wall. No such projection shall extend to less than 10 feet from any side or rear lot line.
B.
Residential front yard grade. Surface grade of residential front yards, measured the midpoint of a residence front wall, shall be at least one foot above the elevation of street center line, unless adequate site drainage is provided.
C.
Side yards. Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such cases, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any one point than half the otherwise required minimum width.
§ 300-5.3 Fences and walls.
The following requirements apply to fences and walls on lots:
A.
They shall not exceed six feet in height on a lot, except as special uses.
B.
They shall conform to corner lots requirement where applicable.
C.
Shall provide for emergency equipment access and, except for farm fences, require the consent of adjoining property owners when placed on a property line.
D.
Shall be maintained in good repair.
§ 300-5.4 Abandonment of construction or excavation.
Unfenced excavation shall not be carried out for period in excess of 60 days. In addition, within six months following a construction project or the demolition or abandonment of a building or structure, all construction materials shall be removed from the site and excavation filled to normal grade by owner.
§ 300-5.5 Minimum habitable floor area.
One-family and two-family dwellings shall have a habitable floor area of at least 500 square feet. Furthermore, no habitable rooms are permitted in basements or cellars of multiple-family dwellings unless a separate outside entrance way is provided to all habitable areas.
§ 300-5.6 Access to structures.
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street and all essential services, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking. Every lot hereafter created shall also be a minimum of 50 feet in width at the highway right-of-way line, except for existing lot improvements, well lots and similar parcels not intended for building purposes on a stand-alone basis.
§ 300-5.7 Accessory buildings.
A.
A permitted accessory building may be located in any required side or rear yard provided:
(1)
Such building conforms to the height requirements relevant to the zoning district where it is located as specified in the schedule of district regulations in Article IV of this chapter.
(2)
Such building shall be set back 10 feet from any lot line and at least 10 feet from the main building.
B.
A permitted accessory building may be located in any secondary front yard (NOTE: see diagram under "yard, front" in Article II, Terminology) provided:
[Added 9-13-2022 by L.L. No. 1-2022]
(1)
Such building conforms to the height requirements relevant to the zoning district where it is located as specified in the schedule of district regulations in Article IV of this chapter.
(2)
Such building is set back 20 feet from any side lot line and conforms to all other requirements for the district it is located within.
§ 300-5.8 Permit for temporary building.
A permit for a temporary building may be authorized by the Code Enforcement Officer for uses and structures incidental to construction on the premises. Such uses and structures may include the storage of building material and equipment, a real estate office for the sale of property on the premises, and a construction office for work being done on the premises. Such permit shall be authorized for a period of one year and may be extended for six-month periods when the Code Enforcement Officer finds such work has been diligently pursued. All temporary uses must be removed on expiration of permits.
§ 300-5.9 Structural requirements.
Retired school buses, trailers, vans, railroad cars, recreational vehicles or similar vehicles or equipment shall not, under any circumstances, be permitted as principal or accessory structures for any use.