Walden City Zoning Code
ARTICLE V
Supplemental Use and Dimensional Regulations
§ 305-13 Accessory buildings and uses.
[Amended 8-14-2001 by L.L. No. 2-2001;[1] 5-8-2007 by L.L. No. 2-2007; 1-21-2025 by L.L. No. 1-2025]
A.
In all districts.
(1)
Accessory buildings, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be placed at least 10 feet from the main building.
(2)
A private garage may be constructed as a structural part of a main building, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.
(3)
Accessory buildings, including private garages, shall not be placed within a required front yard nor within a required side yard.
(4)
An access driveway may be located within a required yard.
(5)
Required accessory off-street parking area or truck loading space shall not be encroached upon by buildings, open storage or any other use.
(6)
The storage of manure or odor- or dust-producing substances as accessory uses shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.
(7)
The following provisions shall apply to all forms of animal husbandry except for animals which are kept as household pets:
(a)
All shelters provided for livestock, fowl or fur-bearing animals shall be at least 100 feet from any property line, except that an existing shelter may remain and be added to, provided that the addition shall not encroach on a required yard.
(b)
The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problems.
B.
In residential districts.
(1)
Accessory off-street areas shall not be placed within a required front yard nor within a required side yard.
(2)
Accessory structures located in the TH Zoning District shall be further subject to the following requirements:
(a)
Such accessory structure shall be no larger than 100 square feet.
(b)
The minimum setback requirement shall be three feet.
(c)
In accordance with § 305-13B(1) and (3), such structure must be located at least 10 feet from the principal structure and may not be placed in either the required front yard or in the required side yard.
(d)
All accessory structures in the TH zone in existence at the time of the adoption of this Code section shall be subject to the provisions hereof unless said accessory structure has a validly issued permit from the Village Building Department or said accessory structure was built prior to the adoption of zoning regulations in the Village and are therefore permitted as pre-existing nonconforming accessory structures.
(e)
All replacements or size modifications of any kind of pre-existing nonconforming accessory structure in the TH zone shall be subject to full compliance with this section.
C.
In nonresidential districts.
(1)
Accessory off-street parking areas may be placed within required front, side or rear yards.
D.
Outdoor cafes in business and mixed use districts.
(1)
No outdoor cafe shall be allowed to operate in any outdoor area unless a permit has been obtained from the Board of Trustees. Any request to operate an outdoor cafe must be made in writing to the Board of Trustees on an application form provided by the Village.
(2)
The application must contain the following information:
(a)
The name, address and telephone number of the applicant.
(b)
The name, address and telephone number of the establishment for which the permit is sought.
(c)
The days and hours for which the permit is requested.
(d)
The number of tables and chairs desired for the area and a rendering of positions of tables relative to entrances, exits and the sidewalk.
(e)
A site plan and building plan drawn to scale showing proper clearance around the ingress and egress to buildings and to fire safeguards.
(f)
An indication of all fixtures such as fencing, decking or planters to be used and an indication of whether they will be removed when the cafe is closed.
(g)
A survey map indicating property lines and clear indication that the fixtures will not cross property lines and, if the fixtures extend onto the Village sidewalk, exact measurements and layout of the fixtures on the sidewalk and precise measurements indicating clear passage for pedestrian traffic.
(h)
Any other information the Board may find reasonably necessary for the fair determination as to whether a permit should be issued.
(3)
Upon receipt of an application, the Board of Trustees shall send a copy of the application to the Building Inspector and Chief of Police for comment and recommendation within 10 days. Notice of permit issuance, with any conditions or restrictions attached, will be distributed to the applicant, the Building Inspector, the Code Enforcement Officer and the Police Department. The permit holder shall conspicuously post the permit on the establishment so that it is visible from the street and shall keep the same posted for the term of the permit.
(4)
A permit holder shall be bound by all applicable federal, state and local rules, regulations and local laws, including this chapter. The permit may be conditioned upon modifications or restrictions intended to ensure compliance with the applicable provisions of the Village Code and the general protection of the health, safety and welfare of the citizenry.
(5)
The annual fee for processing an application for an outdoor cafe shall be $100.
(6)
Applicants for outdoor cafes that are located on a public sidewalk must:
(a)
Provide a minimum clear distance of four feet for adequate pedestrian movement, exclusive of the area occupied on the sidewalk, that is free and clear of obstructions, including but not limited to trees, utility poles, streetlights and Village benches or planters;
(b)
Not have any permanent structures affixed to the sidewalk;
(c)
Provide a barrier, such as a planter or movable rail fence, to physically separate the cafe patrons from pedestrian traffic;
(d)
Provide a clear and unobstructed space of not less than three feet in width from all entrances to the building abutting the sidewalk to the unoccupied portion of the public sidewalk;
(e)
Prior to the issuance of a permit, file with the Village an agreement executed by the owner and tenant of the building, indemnifying and holding harmless the Village and its officers and employees against any liability or damage, including expenses, costs, and attorneys' fees, for the bodily injury or property damage sustained by any person as a result of the operation, in whole or in part, of the outdoor cafe on public property; and
(f)
Prior to the issuance of a permit, file a certificate of general liability insurance naming the Village and its officers and employees as additional insureds in the principal amounts of $1,000,000 per individual and $1,000,000 per occurrence for both personal injury and property damage.
(7)
Property shall be kept clean and refuse-free, and no large trash containers shall be placed in the outdoor cafe area.
(8)
All sidewalk cafes shall:
(9)
Outdoor cafes shall not use music or noise amplification devices under any circumstances. No music or entertainment of any type is permitted outdoors.
(10)
Lighting in outdoor cafes shall be minimal and shall be installed so that direct or indirect illumination from the source of light shall not cause illumination in excess of 0.5 footcandle on abutting properties.
(11)
No outdoor cooking of any type is permitted in outdoor cafes.
(12)
Permits shall be issued on or after January 1 of each year. All permits, regardless of when issued, shall expire on December 31 of each year. Applications for renewal of permits shall be made in the same manner as original applications. Permits are not assignable.
(13)
The Building Inspector, Code Enforcement Officer and/or Police Department shall be responsible for monitoring compliance with the terms of the permit. Any permit holder violating the provisions of this section or of the permit shall be issued a notice of violation by the Building Inspector, Code Enforcement Officer and/or the Police Department ordering said violation to be abated or removed. If the permit holder fails to abate the violation within the time specified in the notice, the Board of Trustees shall have the authority to revoke or suspend a permit upon the finding of a violation of any applicable rule, regulation, local law or condition of a permit or upon other good cause shown.
(14)
Appeals from the issuance, denial, revocation or other condition of a permit may be taken to the Zoning Board of Appeals by any aggrieved person within 30 days from the date of the issuance, denial, revocation or other condition by filing a written notice with the Board of Appeals on forms prescribed by the Board. The Zoning Board shall publish a notice of hearing in the official newspaper and mail said notice to property owners located within 100 feet of the proposed cafe at least five days prior to said hearing. Each appeal shall refer to the specific provision at issue, the aggrieved person's position with respect to the determination being appealed and the relief requested. The cost of said appeal shall be the same as set for an appeal for an area variance. The Zoning Board shall decide the appeal within 30 days of the close of the public hearing. The Board's decision shall be filed with the Village Clerk and a copy mailed to the appealing party.
[1]
Editor's Note: This local law also provided for its expiration one year from its effective date unless, prior to its expiration, it is extended or reenacted by the Board of Trustees.
§ 305-14 Lot area, coverage and width.
In all districts except the B-2, B-3 and I-2 Districts, the lot frontage at the street line shall not be less than 40 feet.
§ 305-15 Height of structures.
§ 305-16 Yards.
A.
The following accessory structures may be located in any required front or rear yard:
C.
Every part of a required yard shall be open to the sky, unobstructed except for retaining walls and for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses and for ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.
D.
Open or lattice-enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.
E.
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
F.
In all residential districts, where 25% of the block frontage within 200 feet of a proposed building is already improved with buildings or 25% of the opposite block frontage across the street, the front yard at the front of such proposed building shall be required to exceed the minimum dimension stipulated in this chapter for the district in which it is situated in cases where the average alignment of the two nearest buildings within such 200 feet on the same side of the street, if improved by 25%, or otherwise on the opposite side of the street, exceeds such minimum dimension. Such front yard shall extend to such average alignment; provided, however, that in no case shall such front yard be required to exceed by more than 10 feet the minimum required front yard prescribed for the district in which such proposed building is situated. The provisions of this section shall not apply to the required side yard on the street side of a building on a corner lot.
§ 305-17 Courts.
A.
In all districts, the least horizontal dimension of an inner court at its lowest level shall be not less than the larger of the following two dimensions:
B.
In all districts, the least width of an outer court at its lowest level shall be not less than the largest of the following three dimensions:[1]
C.
In all districts, the horizontal depth of an outer court shall not exceed 1 1/2 times its least width.
§ 305-18 Spacing between buildings.
A.
In the layout of a development of garden apartments or other multifamily houses on a lot or tract of land, a horizontal distance of not less than 35 feet or 2/3 the height of the higher building, whichever is the greater, shall be maintained between all main buildings or groups of accessory buildings, such as a garage compound, having a ground coverage equal to that of a principal building.
§ 305-19 Corner clearance.
On a corner lot in any residential district, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected to a height in excess of two feet, and no vehicle, object or any other obstruction of a height in excess of two feet shall be parked or placed, and no hedge, shrub or other growth shall be maintained at a height in excess of two feet, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level, or pavement level where there is no curb, shall be permitted. Such triangular area shall be determined by two points, one on each intersecting pavement line, each of which points is 50 feet from the intersection of such street lines.
§ 305-20 Minimum residential floor area.
A.
Statement of purpose. The requirements contained in this section are designed to promote and protect the public health; to prevent overcrowded living conditions; to guard against the development of substandard neighborhoods; to conserve established property values; and to contribute to the general welfare.
B.
Minimum schedule. Every dwelling or other building devoted in whole or in part to a residential use which is hereafter erected or converted to accommodate additional families shall provide a minimum floor area per family on finished floors with clear ceiling height of not less than seven feet six inches, in conformity with the following schedule and with the other provisions of this section. The minimums stipulated herein shall be deemed to be exclusive of unenclosed porches, breezeways, garage area and basement and cellar rooms or areas.
[Amended 2-14-2006 by L.L. No. 2-2006; 9-12-2006 by L.L. No. 6-2006]
Type of Residence Building | Minimum Required Floor Area per Family (square feet) | |
|---|---|---|
Single- and two-family detached dwelling | 900 | |
Multiple dwelling, excluding senior housing developments | 900 | |
Artist loft | 1,000 | |
Multiple dwelling in MX District | 900 |
C.
First floor area of a dwelling. The minimum first floor enclosed area of a dwelling, exclusive of garage or other accessory building, shall be 750 square feet, and its least overall dimension shall be 20 feet.
§ 305-21 Permitted fences and walls.
A.
Schedule of permitted fences and walls. The following schedule of permitted fences and walls shall apply according to the district in which the site is located on the Zoning Map, whether such site be used for a permitted use or for a special exception use, except where the Board of Appeals or Planning Board may require additional conditions:
[Amended 5-25-1993 by L.L. No. 3-1993; 2-14-2006 by L.L. No. 2-2006; 6-12-2007 by L.L. No. 4-2007]
Maximum Fence or Wall Height* (feet) | |||||
|---|---|---|---|---|---|
District | Front Lot Line | Side Lot Line Outside of Rear Yard | Rear Yard Lot Lines | Not in Any Minimum Required Yard | |
R-2 | None | 4 | 6 | 6 | |
R-3 | None | 4 | 6 | 6 | |
R-4 | None | 4 | 6 | 6 | |
R-5 | 3 | 6 | 6 | 6 | |
R-6 | 3 | 6 | 6 | 6 | |
RM-1 | 3 | 6 | 6 | 6 | |
RM-2 | 3 | 6 | 6 | 6 | |
B-1 | 4 | 8 | 8 | 8 | |
B-2 | 4 | 8 | 8 | 8 | |
B-3 | 4 | 8 | 8 | 8 | |
B-4 | 4 | 8 | 8 | 8 | |
OLI | None | None | None | 8 | |
I-2 | 8 | 8 | 8 | 8 | |
MX | 4 | 4 | 4 | 4 | |
TH** | See note below | ||||
NOTES: | ||
|---|---|---|
* | This schedule applies except where corner clearance is required in accordance with § 305-19. | |
** | Developers shall be required to submit detailed plans for proposed fencing to the Planning Board along with a long-term plan for the maintenance thereof. Subsequent to construction of the townhouse project, any changes to the fencing plan approved by the Planning Board may only be changed upon application to the Planning Board by the townhouse association. | |
B.
Method of measuring the height of fences or walls. The height of a fence or wall shall be measured from the ground level at the base of the fence, excepting that, where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall, and further excepting that any fence or wall on the uphill side of such a retaining wall may be at least four feet high, notwithstanding the provisions of the schedule contained in Subsection A.
§ 305-22 Required transitional yards and screening.
[Amended 5-25-1993 by L.L. No. 3-1993]
In order to assure orderly and compatible relationship between residential districts and business, mixed use or industrial districts along their common boundary lines, the following requirements shall be met in the listed districts along such boundaries:
A.
Minimum required transitional side and rear yards within nonresidential and mixed use districts shall be as follows:
[Amended 2-14-2006 by L.L. No. 2-2006]
B.
Except in the MX Zone, where maximum height of screening shall be four feet, the minimum required screening within required transitional side and rear yards shall be a six-foot-high stockade-type fence or equal, to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that where the transitional yard area is 50 feet or more, such screening may be a planting area six feet wide and eight feet high.[2]
§ 305-23 Private swimming pools.
A private swimming pool shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:
A.
Such pool shall not be located in any required side yard.
B.
The entire portion of the premises upon which such pool is located shall be entirely enclosed by a good quality chain link wire fence or equally sturdy fence of not less than four feet in height. As applied to aboveground pools, this requirement shall mean that access to the pool at all points where the pool measures less than four feet from the top of the side to the ground or base shall be controlled by such fence or enclosure.
[Amended 3-13-1984 by L.L. No. 3-1984]
C.
Every gate or opening in the fencing enclosing such pool or other access to the pool shall be kept securely closed and locked at all times when said pool is not in use.
[Amended 3-13-1984 by L.L. No. 3-1984]
D.
Such pool shall be not less than 10 feet from side and rear lot lines; and on lots with a width of 50 feet or less, the pool shall be located midway between the side lot lines.
E.
If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
F.
If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool.
G.
Such pool shall be constructed, operated and maintained in compliance with the applicable provisions of the New York State Sanitary Code relating to public swimming pools.
H.
No permit shall be granted for the installation or construction of said swimming pool unless the plans of said pool shall meet the minimum construction requirements of the municipality and unless the Municipal Engineer or a licensed professional engineer or New York State has certified that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public streets.
I.
No loudspeaker or amplifying device shall be permitted which can be heard beyond the bounds of the property or lot where said pool is located.
J.
Underwater lighting shall only be installed in accordance with the provisions of the municipal electrical code for such lighting.