Wawayanda City Zoning Code
ARTICLE III
Zoning Districts and Zoning Map
§ 195-7 Zoning districts.
[Amended 9-2-2021 by L.L. No. 4-2021; 12-5-2024 by L.L. No. 5-2024]
A.
The Town of Wawayanda is hereby divided into the following zoning districts:
AP | Agricultural Preservation | |
AB | Agricultural Business | |
AR | Agricultural Residential | |
SR | Suburban Residential | |
RH | Rural Highway | |
H | Hamlet | |
TC-1 | Town Commercial | |
TC-2 | Town Commercial | |
MC 1 | Mixed Commercial | |
MC 2 | Mixed Commercial | |
MC 3 | Mixed Commercial |
B.
The aforesaid districts are described below and are shown on the Zoning District Map, which is annexed hereto and made a part of this chapter. The zoning districts are subject to regulations contained in this chapter. The uses applicable to each district are set forth in the respective schedule of zoning district regulations attached to this chapter. Uses that are not explicitly allowed by issuance of a special use permit and/or site plan approval are prohibited.
§ 195-8 Zoning Map.
[Amended 9-2-2021 by L.L. No. 4-2021; 11-4-2021 by L.L. No. 5-2021]
The boundaries of the land use districts are hereby established on a map entitled "Town of Wawayanda Zoning Map," adopted by the Town Board as part of this chapter. An unofficial photo reduction of this map is attached hereto for reference purposes only as Schedule B.[1] If changes are made in district boundaries or other matter portrayed on the Zoning Map, such changes shall be noted by the Town Clerk on the official Zoning Map promptly after the amendment has been approved by the Town Board.
[1]
Editor's Note: A copy of the Zoning Map is included at the end of the Code.
§ 195-9 Interpretation of district boundaries.
Location of boundaries. Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets or highways shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following lot lines shall be construed to follow such lot lines.
C.
Boundaries indicated as following shorelines of streams, lakes and reservoirs shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline.
§ 195-10 Lots in more than one district.
A.
Where a district boundary line divides a lot of record at the time such line is established, the Planning Board may allow the extension of activities permitted in one district to the other as a special use. This is to permit more flexibility in the use of large parcels.
B.
When the specific location of a zoning district boundary line cannot be ascertained, the Building Inspector/Code Enforcement Officer shall request the Planning Board to render an interpretation, which shall then be used as the basis for applying zoning standards,
§ 195-11 Schedule of district regulations. [1]
The restrictions and controls intended to regulate development in each district are set forth in the Schedule of District Regulations, which is then supplemented by other sections of this chapter and other laws of the Town of Wawayanda. Any use identified as a principal permitted use shall be permitted as a matter of right upon application to the Building Inspector, provided the proposed use is in compliance with these regulations. Special uses are also subject to site plan review and, specifically, Planning Board approval as prerequisites to the Building Inspector/Code Enforcement Officer issuing a permit for their establishment. Site plan review shall also be required for new nonresidential uses, nonagricultural changes of use and such other uses as the Town Board may from time to time designate by local law. Accessory uses are permitted to accompany or precede principal permitted and special uses, and permits for these uses shall be issued directly by the Building Inspector.
[1]
Editor's Note: The schedules of district regulations for the various zoning districts are included at the end of this chapter.
§ 195-12 Applicability of regulations concerning prohibited uses.
A.
Whenever any owner or occupant of any property in the Town of Wawayanda shall, for any purpose, establish a new use, commercially clear, excavate or grade land in excess of one acre, make permanent structural improvements to a property, erect a new building, add to or enlarge any existing land use or building, such owner or occupant shall first comply with the requirements of this chapter and obtain any approvals and permits required hereunder, unless specifically exempted from such requirements by this chapter. An approval shall be required whenever a change in land use occurs, regardless of whether or not any new construction is involved hereunder, excepting agricultural activities and single-family home construction.
B.
If a proposed use is not specifically listed in any category of uses or within any zoning district on its schedule of district regulations, the Planning Board shall refer it to the ZBA for a formal determination as to whether or not the use is permitted in a given district, and if the use is permitted, it shall then deem the application as a permitted use. If permitted, the ZBA will send the applicant back to the Planning Board for site plan approval.
C.
Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution, or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in a manner or amount as to cause permanent damage to the soil and stream or to adversely affect the surrounding area, or by reason of the creation of noise, vibration, electromagnetic or other disturbance, or by reason of illumination by artificial light or where light reflection emanates, or which involves any dangerous fire, explosive, radioactive or other hazard, or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants, and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare is prohibited. Further, except as may herein be provided, the following uses and activities are expressly prohibited:
(1)
Dumps. No dump or deposit of rubbish or garbage or tires, where vermin, flies or mosquitoes may breed, from which offensive odors may be emitted or where a smoldering fire may burn, shall be permitted except for municipal transfer stations. See § 152-1 of the Town's Code.
(2)
Junkyards, as defined herein.
(3)
Construction and demolition (C&D) dumps.
(4)
Commercial stripping of topsoil. To strip or otherwise remove topsoil for sale or for other use other than on the premises from which the same shall be taken shall be prohibited, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, and then only with a special use permit from the Planning Board. Commercial stripping of topsoil shall not be construed to apply to the sale of sod but shall apply to the stripping of soil within the black dirt region.
(5)
Permanent installation or use of any mechanical, electrical or other sound-amplifier device. To install or use any mechanical, electrical or other sound-amplifier device or similar device for magnifying sound whereby the sound is audible beyond the premises on which it is installed or located shall be prohibited. This prohibition shall not apply to or infringe on the right of freedom of speech or of worship, inhibit the announcement of necessary public information nor limit the use of a public address system in a summer colony or camp for the purpose of making announcements, provided that the same is reasonable and necessary.
(6)
Artificial lights as traffic hazards. No artificial lights or reflecting devices shall be located or otherwise displayed where such lights or devices interfere with, compete for attention with, or may be mistaken for traffic signals or divert the attention of operators of motor vehicles, or otherwise create traffic hazards.
(7)
Blinking and flashing signs. Except for traffic signals regulated and approved by the appropriate state, county or Town transportation agency, blinking and/or flashing signs are prohibited.
§ 195-13 Height restrictions.
A.
General application. No building or structure shall exceed in building height the number of feet permitted as a maximum on the schedule of district regulations for the district where such building or structure is located.
B.
Permitted exceptions. Height limitations stipulated elsewhere in this chapter shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, chimneys, smokestacks, flagpoles, farm buildings or similar noninhabited structures under 100 feet in height. Radio and transmission towers shall be subject to the requirements of § 195-40 of this chapter. Noninhabited structures over 100 feet in height may be permitted as special uses, provided they are sufficiently set back from adjoining properties to avoid any safety hazard connected therewith and meet all state and federal air safety and electronic communications standards. Other height exceptions may be granted as special uses where fire-fighting capacity will not be threatened and buffers and setbacks are also proportionally greater.
§ 195-14 Corner lots and through lots.
Wherever a side or rear yard is adjacent to a street, the front yard setback shall apply to such side or rear yard. Corner lots shall be deemed to have two front yards, one side yard, and one rear yard.
§ 195-15 Projections into required setbacks.
The following projections into required setback areas may be permitted:
§ 195-16 Yard regulations.
A.
Side yard exception. Where the side wall of a building is not parallel with the side lot line or is irregular, the side yard may be varied, at the discretion of the Planning Board. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such yard shall not be narrower at any point than 1/2 the otherwise required minimum width.
B.
Any new residential structure located within 150 feet of the front property line which provides its required frontage shall orient the front of the building generally parallel to the front property line. The front of the building shall be considered the longest portion of the structure and shall contain the main access door.
C.
Front yard exception. When an unimproved lot is situated adjacent to or between improved lots already having a principal building within the required front yard, the front yard for the unimproved lot may be reduced to the average depth of the front yards for the two nearest adjoining improved lots but not less than 20 feet from the property line.
D.
Provision of yard or other open space. No yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.
E.
Waterfront yards. Any yard which borders on a New York State Department of Environmental Conservation classified lake, stream or body of water shall be not less than 100 feet in depth except for boathouses and docks.
§ 195-17 Accessory structure and use standards.
[Amended 10-16-2012 by L.L. No. 1-2012; 3-4-2021 by L.L. No. 2-2021; 12-5-2024 by L.L. No. 5-2024]
A.
The location, limitation and coverage of residential accessory buildings shall be as follows:
(1)
No accessory building permitted by this chapter shall be placed in any required side or front yard except as provided in this article.
(2)
The aggregate ground area covered by any accessory buildings in any rear yard shall not exceed 50% of the rear yard area.
(3)
Accessory structures on residential lots not attached to a principal structure shall:
(a)
Be located not less than 10 feet from any side or rear lot line.
(b)
Be no closer to the street than any principal structure on the lot, except in the case of farm buildings. Accessory buildings to principal structures located more than 250 feet from the front lot line shall also be exempt. Accessory structures may, in these situations, be located in front of residences but not in required front yard areas.
(4)
Storage trailers, railroad cars, bulk containers or retired mobile home units and recreational vehicles shall not be used for purposes of accessory structures in connection with any nonagricultural use. This prohibition includes vehicles with or without wheels or axles.
(5)
Swimming pools shall comply with the applicable sections of the New York State Uniform Fire Prevention and Building Code, as amended.
(6)
Fences.
(a)
Except as otherwise approved by the Planning Board as part of a site plan, fences and walls:
[1]
Shall not exceed six feet in height when erected in required side or rear yards and shall not exceed four feet in height when erected in the required front yard;
[2]
The setback requirements in this chapter shall not apply to retaining walls or fences less than or equal to six feet high in any side or rear yard, except where corner clearances are required for traffic safety, and shall not exceed four feet in any front yard;
[3]
The setback requirements of this chapter shall not apply to any front yard fences or walls less than four feet high, except that customary agricultural wire, board, or split rail fencing which does not obstruct visibility, may be higher;
[4]
Shall conform to corner lot requirements contained herein; and
[5]
Shall be measured from the ground level at the base of the fence or wall, excepting that where there is a retaining wall the height shall be measured from the average of the ground levels at each end of the retaining wall.
(b)
All retaining walls over four feet high shall be designed by a New York State-licensed design professional and obtain a building permit from the Building Inspector.
(c)
Fences and walls shall be set back a minimum of 12 feet from the edge of the pavement, but must be located out of the Town's right-of-way.
(7)
Accessory uses/structures in residential properties.
(a)
Accessory uses/structures to single-family, two-family and multifamily detached dwellings shall not exceed 1,250 square feet with a maximum wall height of 12 feet.
(b)
The maximum 1,250-square-foot limitation set forth in Subsection A(7)(a) above shall be the maximum square footage for all accessory structures combined.
(c)
Accessory structures shall be located at least five feet apart.
B.
Accessory structures to commercial or industrial uses shall require site plan and/or special use approval from the Town of Wawayanda Planning Board. Existing, approved commercial or industrial site plans may add one accessory structure, such as a shed, up to 300 square feet, for storage, without additional site plan or special use permits, providing they meet all other applicable regulations and setbacks in the zone.
C.
Single-family dwellings. One single-family detached dwelling, not to exceed one dwelling on each lot.