Tuxedo City Zoning Code
ARTICLE V
Area and Bulk Requirements
§ 98-11 Schedule of bulk requirements.
A.
Purpose. In order to provide adequate space for access of light and circulation of air, to facilitate the prevention and fighting of fires, to prevent undue concentration of population, and to lessen congestion on streets, no building or premise shall be erected, altered, or used except in accordance with the standards set forth herein.
B.
Bulk requirements. Table I, "General Use and Bulk Requirements,"[1] contains regulations affecting the bulk and arrangement of buildings and structures, the density of residential and nonresidential development and of materials and equipment occupying land in connection with nonbuilding uses thereof for each of the districts established by Article III.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
C.
Existing lots of record. For the purposes of this Zoning Chapter:
(1)
Two or more contiguous noncomplying vacant parcels of land in common ownership on or after the effective date of this Zoning Chapter shall be deemed to be merged to form one or more lots complying so far as possible to the bulk standards of the district in which the parcels are located. The lots shall be merged so as to reduce the degree of noncompliance and to create lots that comply with the use and bulk requirements of the applicable zoning district.
(2)
One or more vacant parcels of land that adjoin a noncomplying lot in common ownership on or after the effective date of this Zoning Chapter and containing a building or structure shall be deemed to be merged with said improved lot to the extent necessary to bring the improved lot into compliance so far as possible. If any remaining vacant parcel(s) constitutes a complying lot, said parcel(s) shall remain a separate lot. Otherwise, the merged lots shall constitute one lot.
(3)
No lot so merged, or portion thereof, may be subdivided in any manner that will create or increase the degree of noncompliance.
D.
Grandfathering of lots to be used for the construction of single-family detached dwellings. Any lot in existence prior to the effective date of this Zoning Chapter, which did not adjoin another lot in common ownership and does not presently adjoin a lot in common ownership, and whose lot area, lot width, and/or lot depth are less than the minimum lot requirements for the district in which it is located, may be considered as complying with the minimum lot area requirements, and no variance shall be required, and a single-family detached dwelling only may be constructed, provided that:
(1)
Single-family detached dwellings are a permitted use in the zoning district in which the dwelling would be located.
(2)
The lot has a minimum lot area of 10,000 square feet and a minimum lot width of 75 feet.
(3)
Any such single-family detached dwelling shall conform with all yard, floor area ratio, impervious coverage and building height requirements of the district with a minimum lot area requirement in which the lot would conform in descending order from the largest to smallest lot area.
(4)
The dwelling can be served by water supply and wastewater facilities which meet health department standards for said facilities.
E.
Existing average density (cluster) developments. Any lot located within a residential subdivision that was approved prior to the effective date of this Zoning Chapter and platted in accordance with Section 278 of the New York State Town Law shall be developed in accordance with the bulk requirements set forth on the residential subdivision plat. The bulk requirements on the cluster subdivision plat shall supersede the bulk requirements applicable to the zoning district within which said lot is located.
F.
Planned integrated development (PID) bulk standards. Any PID which receives special use permit approval from the Town Board and which special use permit has not expired shall be subject to the bulk requirements and design standards contained in the special use permit. Unless regulated therein, the provisions of this Zoning Chapter shall govern.
§ 98-12 Minimum lot area.
A.
Net lot area. Whenever the phrase lot area, minimum lot area, or minimum lot size or similar term appears in this Zoning Chapter, such phrase shall be deemed to be based upon net acreage or net square footage following the exclusion of the following lands:
(1)
The 100-year floodplain as defined by and illustrated on the Federal Emergency Management Agency (FEMA) Flood Hazard Boundary maps as those maps now exist or as they may be amended from time to time;
(2)
Wetlands, including New York State designated wetlands but excluding the 100-foot regulated adjacent area, and federally regulated wetlands, as those wetlands now exist or may be found to exist;
(3)
Lands under water, and lands covered by natural or constructed water bodies including, without limitation, retention and detention basins.
(4)
For slopes equal to or greater than 25% but less than 35%, 50% of said acreage shall be excluded.
(5)
For slopes equal to or greater than 35%, 100% of said acreage shall be excluded.
(6)
Land encumbered by easements or other restrictions, including utility easements, preventing use of such land for construction of buildings, uses, and/or development.
B.
The net lot area, after exclusion of the features set forth in Subsection A above, shall be calculated, and any permissible residential density or nonresidential development of land shall be calculated utilizing the net lot area. Any fractional dwelling unit shall be rounded to the nearest whole number.
C.
Area variance required. A lot shall be deemed conforming as to lot area only if it meets the minimum lot area set forth in Table I or as otherwise required in this Zoning Chapter, after subtracting those areas listed in § 98-12A above. Any lot area not meeting the minimum requirement shall require an area variance.
§ 98-13 Accessory buildings and yards.
A.
Accessory buildings in required yards.
(1)
Except as may be otherwise allowed herein, accessory buildings or structures are not permitted in any front yard except that decorative light poles, pillars at the entrance to a driveway with lights or mailboxes installed therein, signs, mailboxes, landscaping elements, and fences and walls as regulated in Subsection E below, are permitted in a required front yard.
(2)
(3)
An accessory building located on that portion of a lot not included in any required yard shall conform to the height regulations for principal buildings in the zoning district in which said lot is located.
B.
Detached garage accessory to a single-family detached dwelling. Where the natural slope exceeds 30% within 25 feet of a front lot line, the Planning Board may authorize the construction of a garage within a front yard, provided the garage is set back a minimum distance of 25 feet from the front lot line, and where it is determined that exiting the garage and driveway shall not cause a traffic safety hazard. Said exception shall be permitted only where the front lot line is on a Town road and shall not be permitted on a county or state highway. An application shall be submitted to the Planning Board and said application shall include a narrative and map which demonstrates approval of the garage will not cause a traffic safety or other hazard. The Planning Board, during review of a subdivision plan, may also allow this arrangement as part of the design of individual lots.
C.
Roof projections. Cornices or cantilevered roofs on a principal building may project not more than three feet into a required yard.
D.
Ornamental features. Belt courses, windowsills and other ornamental features on a principal building may project not more than six inches into a required yard.
E.
Fences and walls. A fence or wall is permitted in a front yard provided it does not exceed four feet in height. Within a side or rear yard, a fence or wall shall not exceed six feet in height. A fence shall be set back no less than six inches from a lot line or such distance required to allow for maintenance, or may be located on the property upon mutual consent of both property owners. The decorative or finished side of a fence or wall shall face the exterior of the lot, i.e., facing the street or adjoining lots. Any fence 10 feet or more in height which is required specifically in connection with a use set forth in the Zoning Chapter and which requires screening may be allowed only upon review and approval by the Planning Board. Barbed wire fencing is not permitted.
F.
Impervious or paved surfaces. Except for sidewalks and a driveway giving access to a street, all other impervious or paved areas shall be set back no less than 15 feet from the street line. A driveway and all other impervious or paved areas shall be set back from any rear or side lot line a distance equal to 1/2 the width of the required yard for the district in which the use is located, or a minimum width of five feet, whichever is greater.
G.
Porches. An unenclosed and roofed porch or portico may extend into a required front yard, provided it projects no more than eight feet in width and six feet in depth.
H.
Front yard exception for a single-family detached and two-family dwelling in an existing residential neighborhood. Upon approval by the Planning Board, a single-family detached, single-family semi-attached, or two-family dwelling may be erected nearer to the front lot line than otherwise permitted by these regulations, provided the dwelling is set back no less than the average front setback of existing dwellings sharing the same street frontage located within 200 feet of either side of the proposed dwelling. The Planning Board, in its findings, shall have determined that the setback will not have a detrimental impact on any adjoining properties. The Planning Board may impose conditions on the approval of such modification.
I.
Yards on narrow streets. On streets with a right-of-way width less than 50 feet, the street line from which any required yard is measured shall be established 25 feet from the center line of the right-of-way of the existing street. Where a lot is located on a road and the lot line is located in the traveled way, the street line from which any required yard is measured shall be established 25 feet from the center line of the road.
J.
Storage in yards. No materials may be stored temporarily or permanently within any portion of a front yard, or within a required side yard if access into the property is reduced to less than 15 feet or the required side yard is within 25 feet of the street line in any property. Materials shall include, but not be limited to, wood, metal, masonry, or other such materials.
K.
Yard requirements involving irregular buildings and lot lines. Where buildings or lot lines are irregular in configuration, all points on the structure shall satisfy the minimum yard requirements from the point on the lot line which is the shortest distance and perpendicular to the building.
L.
Side or rear yard abutting an existing railroad right-of-way. A yard is not required along a lot line which directly abuts an existing railroad right-of-way, provided the use being conducted on said lot requires direct access to the right-of-way to load or unload goods from trains on the rail right-of-way. Otherwise, a lot containing a use or building that does not require use of the rail right-of-way shall meet the minimum yard requirements applicable to the use and zoning district wherein the lot is located.
§ 98-14 Lots.
A.
Minimum lot area required for septic system and individual wells. Any minimum lot area set forth in the Table of General Use and Bulk Requirements[1] shall be enlarged so as to comply with Orange County Department of Health and New York State Department of Health Standards applicable to lots that are served by individual wells and/or septic systems, and to ensure the minimum separation distances between individual wells and/or septic systems on-site and on adjoining lots are met. The Code Enforcement Officer may request and direct a property owner to conduct percolation test pits to be witnessed by the Town Engineer. The cost of any said tests and observation shall be borne by the applicant.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B.
Obstruction to sight at street intersections. At all street intersections in all districts, no obstructions, including but not limited to parking stalls, walls, fences, signs, structures or any plant growth other than grasses, shall be placed or maintained within the sight distance area so as impede vision. No obstructions exceeding 2 1/2 (2.5) feet in height measured from the street pavement level shall be erected or maintained on any lot within the sight triangle formed by the street lines of such lot and a line drawn between points along such street line 30 feet from their point of intersection, except that a greater distance may be required if imposed by the Orange County Department of Public Works or the New York State Department of Transportation in connection with any permit issued by said agencies.
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C.
Corner lot. On a corner lot, a front yard is required on both street frontages, and one yard other than the front yard shall be deemed to be a rear yard and the other(s) side yards. For lots subject to site plan or subdivision review and approval, the Planning Board shall designate which yard shall be the rear yard after consideration of the street to which the lot fronts, anticipated traffic volume on each street, and the arrangement of buildings on adjoining properties. For corner lots not involving site or subdivision plan review, the Code Enforcement Officer shall make such determination in consultation with the property owner.
D.
Flag lot. Flag lots are not permitted in the Town of Tuxedo. For flag lots in existence on the effective date of this Zoning Chapter, the interior portion of the flag lot (i.e., the portion of the lot excluding the flagpole portion of the lot and where the lot complies with the minimum lot width requirement) shall meet the bulk requirements applicable to the use and zoning district in which said lot is located or otherwise shall require an area variance from the Zoning Board of Appeals.
E.
Through lots. Through lots are not permitted in the Town of Tuxedo. For through lots in existence on the effective date of this Zoning Chapter, each yard that fronts to a street shall be deemed to be a front yard and any other yard shall be deemed to be a side yard. As part of any site plan application involving a through lot, the Planning Board may require that the front yard, other than the front yard to which the building faces, be screened from view of the adjoining street. The Planning Board shall have the authority to require and specify screening materials that may be required to screen the rear yard of a lot which faces to a street.
F.
Access to buildings and lots. Every building shall have access to a public road, or access to an approved private road, and all structures shall be so located on lots as to provide safe and convenient access for emergency vehicles as required by Section 280-a of the New York State Town Law. The design of all new road intersections and driveway accesses on local streets shall be designed in accordance with the Town Highway Specifications, as may be amended from time to time, and approved by the Town Highway Superintendent who may consult with the Town Engineer as to the adequacy of the design of same.
G.
Street frontage.
(1)
Minimum street frontage. It is a policy of the Town of Tuxedo to minimize the number of new curb cuts established on streets that carry high volumes of vehicular trips, thereby improving traffic safety. Except for properties located in the S-HB, S-HR and T-TC Zoning Districts, any lot with street frontage on a state or county road shall have a minimum street frontage on said road that is no less than two times the minimum lot frontage otherwise required for the use and zoning district within which said lot is located, or a minimum of 200 feet, whichever is greater. For properties containing nonresidential uses, these provisions may be waived by the Planning Board where it is determined that shared driveway access will be provided, and the combined street frontage of all lots sharing said access is 200 feet or greater. The Planning Board shall condition said waiver on the property owners entering into a legal agreement reserving the driveway permanently for shared use with adequate maintenance provisions in the opinion of the Planning Board attorney. The Planning Board, in its discretion, may also waive this requirement where a lot maintains street frontage on a road not regulated by this requirement and can obtain vehicular access from the street not regulated herein, provided the property owner restricts future access to said other location by means of a deed restriction, map note, or other legal device.
(2)
Street frontage on culs-de-sac. The minimum street frontage for a lot that is located at the end of a cul-de-sac road on a Town owned or maintained road may be reduced to no less than 75% of the minimum street frontage applicable to the use and district within which the lot is located.
§ 98-15 Nonresidential buildings and uses.
A.
Height regulations.
(1)
Structures such as chimneys, flues, towers, spires and similar minor accessory appurtenances situated on or attached to a principal building may exceed the maximum building height listed in § 98-9, Table of General Use Regulations,[1] by no more than 30% of said maximum, provided that such structures shall not exceed the elevation of any ridgeline by more than one foot for each 200 feet from the ridgeline. These provisions shall apply whether the ridgeline is on the actual site under application or adjacent to the site.
[1]
Editor's Note: Said table is included as in attachment to this chapter.
(3)
Barns and silos accessory to an agricultural use shall be exempt from the height regulations of this Zoning Chapter.
B.
Screening requirements. All nonresidential uses and structures accessory thereto adjoining, abutting or within 100 feet of a residential zoning district or a residential use in a residential zoning district shall provide and maintain adequate screening along any lot line facing said residential use or district. The Planning Board may, as a condition of special use, site plan or subdivision approval, require a fence, berm, vegetative screen, or combination thereof, as will sufficiently screen and buffer the residential use from the nonresidential use.
C.
Utility lines. Unless waived by the Planning Board, all new utility lines serving new residential subdivisions shall be placed underground. Any on-site utilities serving new nonresidential development shall be placed underground. Utilities shall be deemed to include distribution and transmission lines for sewer, water, storm drainage, telephone, cable, electricity, and gas.