CO (Conservation Overlay) Districts are imposed as a second additional district over certain private lands in the Town. Boundaries of CO Districts are as follows:

Such CO Districts shall be in effect within the above-described areas, whether or not fully shown on Attachment 2, Zoning Maps 1 through 16.[2] The CO District boundary shall automatically be adjusted as lines and limits of applicable state-owned land or natural and man-made features may change from time to time. CO Districts are not applicable to state-owned land.

No building shall be erected, constructed, reconstructed or altered and no land or building or part thereof shall be used for any purpose or in any manner except as permitted for the district in which such land or building is located as set forth in the lists of permitted standards and conditional uses in Attachment 1.

Boundary line adjustment. No existing lot of record on the effective date of this chapter shall be subdivided or otherwise reduced in size or changed in configuration so as to make it nonconforming or to expand or exaggerate an existing nonconformity under this chapter, except that the Planning Board may, upon application, consider a waiver of this requirement where an existing undeveloped lot is proposed to be subdivided for purposes of transfer and joining of each subdivided portion to adjoining lots; or where a common lot line of adjoining developed lots is to be adjusted through transfer and joining of a portion of one lot to the other. The Planning Board may grant such a waiver where it creates a more appropriate subdivision and use of land and otherwise serves the purposes of this chapter.

No building shall be erected, reconstructed or altered, nor shall any open space surrounding any building be encroached upon or reduced in any way, except in accordance with the lot, yard and building requirements of this chapter for the district in which such building is or is proposed to be located or where such open space is located.

No required yard or other open space surrounding any building located in conformance with this chapter shall be considered as providing such yard or open space for another building on the same lot or on any other lot.

The regulations and standards listed for each district are hereby adopted and prescribed for such district, subject to other provisions of this chapter, and unless otherwise indicated, such regulations and standards shall be deemed to be the minimum requirements in every instance of their application.

Nothing in this chapter shall be interpreted or construed to prevent the legal transfer of property so long as such transfer does not create or increase in magnitude a nonconforming lot, except as may be waived by the Planning Board in accordance with Subsection B(2) above.

More than one residential structure may be permitted on a single lot, provided that the structures are situated such that if the property were to be subdivided in the future, each structure would be situated on a lot that complies with all lot size, lot dimension, setback and other requirements of Attachment 1[1] herein.

As may be approved in a planned district or through other Planning Board waivers as permitted by this chapter.

The space in any required yard shall be open and unobstructed except for accessory buildings and structures permitted in a side or rear yard and except for the ordinary projections of window sills, eaves, and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.

A paved terrace, patio or similar paved area installed at the elevation of surrounding ground surfaces shall not be considered to be part of a building in the determination of yard dimensions or lot coverage, provided that such area is unroofed and not otherwise covered with a trellis, screening, or other structure and is without walls or other forms of enclosure exceeding six feet in height.

Enclosed, open, roofed or unroofed porches and decks attached to any principal structure shall be considered to be a part of the building in determining the percentage of lot coverage and shall meet all front, rear, and side yard dimension requirements prescribed by this chapter for the district in which located.

Enclosed, open, roofed or unroofed porches and decks not attached to a principal structure shall be considered to be accessory structures and shall conform to all of the regulations governing such structures established by this chapter.

An open fire escape may extend into any required yard not more than five feet, provided that such fire escape shall not be closer than five feet at any point to any lot line.

Entrance steps or stairways providing access to the first story, cellar or basement of a building may extend into any required yard a distance not to exceed five feet. Unenclosed steps and walkways not attached to a principal structure may be constructed in any required yard, provided that such structures are required to provide safe access to or egress from part of the property and provided that such structures do not exceed four feet in total width, including any handrails or attached fences. Construction of such steps and walkways shall require a permit.

Such exceptions shall be granted to commercial businesses clearly requiring such exceptions, as part of the consideration of a conditional use; or

Such exception shall be granted for a limited time only, not to exceed five consecutive days in any year.

The Planning Board, in accordance with the provisions of § 278 of the Town Law, as amended, may, with respect to new residential subdivisions of five or more acres, permit as part of its review of a proposed subdivision an application for modification of minimum lot area and width and streetfront, side, and rear yard dimension requirements and related clustering of buildings, so as to enable and encourage flexibility of design and development to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open lands, provided that the number of lots resulting from said subdivision shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were to be subdivided in strict compliance with the standard yard and lot area and other requirements applicable to the district in which located. Permitted uses and shoreline yard dimensions shall not be modified.[4]

In the course of its review of a request for modification, the Planning Board may require such information as is necessary to render a determination with respect thereto and shall examine the following considerations:

If the Planning Board determines, on the basis of above considerations, that the purpose and intent of this chapter will be served by such modifications, approval of the residential subdivision shall include identification of those lots for which a waiver has been granted as part of the approval procedure. The final plat to be filed in the County Clerk's office shall be consistent in all respects with the waiver granted by the Planning Board.

In a side or rear yard, the building setback shall be at least 10 feet from both side and rear lot lines, except that the setback for any accessory building occupying more than 600 square feet of the lot measured at its exterior dimensions shall be the same as required for the principal building.

In yards along the streetfronts of a corner lot, the setback along each streetfront shall be the same as required for the principal building.

An accessory building shall be no closer to a principal or other accessory building than 10 feet.

A private outdoor swimming pool shall be permitted as an accessory use on a residential lot only in accordance with the following requirements:

A swimming pool which is to be constructed or installed as an accessory use to a resort club, lodge, hotel, motel, tourist cabin, or similar commercial or private accommodation shall be permitted, subject to issuance of a permit. Such pool shall be situated and visually screened on the lot so as not to be visually obtrusive from the public right-of-way or any adjoining use or to present a nuisance to any adjoining use and shall be otherwise designed and sited in accordance with acceptable engineering standards so as not to cause erosion, subsidence, excessive drainage or impairment of drainage, or other adverse disturbance of surrounding ground surfaces and in accordance with any applicable county and state regulations and codes.

The yard requirements of this chapter shall not prohibit any retaining wall or any other wall, fence, or hedge or other solid planting mass, except as follows:

Site plans for the installation of visual screening required by this chapter for a conditional use or a planned district shall be reviewed and approved by the Board prior to authorization of a permit. Any fence or planting installed for visual screening shall be maintained in good condition; failure to maintain fencing or to replace dead or diseased plant materials shall be considered a violation of this chapter.

If the owner of said nonconforming lot owns any adjoining undeveloped lot(s), the nonconforming lot shall be joined with all or subdivided portions of such adjoining lot(s) to create a conforming lot or to mitigate the nonconforming condition; and

Any structure or use located on a nonconforming lot shall have yards conforming to the minimum requirements of the district in which it is located.

A nonconforming structure may be replaced by a structure which conforms to the standards applicable to the district in which it is located.

A nonconforming structure shall not be added to or enlarged in any way that will increase the extent of any nonconforming feature, such as by decreasing the extent of any nonconforming yard, increasing the height beyond that permitted for structures in that district, or increasing lot coverage beyond that permitted in that district.

A nonconforming structure other than a mobile home may be enlarged, expanded, replaced, or modified, whether in successive stages or at one time, including up to a 25% increase in floor area, except that any nonconforming one-family dwelling may be enlarged, expanded, reconstructed, or replaced up to twice the existing floor area for continued one-family use. Such enlargement, expansion, modification, replacement, or other change in a nonconforming structure shall be subject to review and approval of the Planning Board. The Board shall consider any such change in a nonconforming structure in terms of the review criteria contained in § 480-15D of this chapter and such other considerations as may be appropriate to the situation.

A nonconforming structure may be repaired or a portion of such a structure may be replaced or reconstructed to an extent not to exceed 50% of its floor area during any single year without requiring Planning Board approval, provided that any such reconstruction or repair does not involve increasing the extent of any nonconforming feature.

A nonconforming mobile home shall not be replaced or reconstructed in its entirety. This is not intended to prevent repair and replacement of existing mobile home components for maintenance purposes.

A nonconforming sign shall not be reconstructed or replaced in its entirety so as to continue any nonconforming condition. If reconstructed or replaced, such signs shall be made to comply with the provisions of this chapter.

Any structure for which a permit has been granted and on which construction or installation has commenced prior to any amendment of this chapter which results in a nonconforming condition may be completed.

A nonconforming use may be changed to a use permitted in the district in which it is located.

A nonconforming use may not be changed to another nonconforming use, nor may additional nonconforming uses be established.

Whenever a nonconforming use has been abandoned or removed for a period of two years, including a situation resulting from damage or destruction by fire, explosion or other disaster, the nonconforming use shall not thereafter be continued or reestablished, and any subsequent use of the lot shall be in conformity with the provisions of this chapter.

A nonconforming use may be enlarged, expanded, replaced, or modified, whether in successive stages or at one time, including up to a 25% increase in floor area. In the case of enlargement or expansion of nonconforming resort club, lodge and lodging facility and hotel/motel/tourist cabin accommodation uses, the number of existing sleeping units shall not be increased by more than 25%. Any such enlargement, expansion, modification, replacement, or other change in a nonconforming use shall be subject to review and approval of the Planning Board as a conditional use. The Board shall consider any such change in a nonconforming use in terms of the review criteria contained in § 480-15D through F of this chapter and related considerations and standards as may be appropriate to the situation, with emphasis on assuring that adjoining uses, undeveloped land areas and natural resources will not be subjected to excessive density or overcrowding; denial of light or air; limitations to access; increased traffic or noise; or other effects to the extent that public health, safety, and general welfare, property and natural resource values and community character are impaired.

A structure containing a nonconforming use may be repaired or a portion of such a structure may be replaced or reconstructed to an extent not to exceed 50% of its floor area during any single year without requiring Planning Board approval, provided that such reconstruction or repair does not involve increasing the floor area of the structure or any decrease in existing yard dimensions.

A structure accessory to any nonconforming use shall not be enlarged, expanded, replaced, or modified, except as provided for in this subsection.

Any nonconforming use enlarged, expanded, modified, replaced, or changed in accordance with this subsection shall conform to the minimum yard dimensions, building height, and lot coverage requirements applicable to the most restrictive use in the district in which the nonconforming use is located.

A use for which a permit has been granted and on which construction or installation has commenced prior to any amendment to this chapter which results in a nonconforming situation may be continued.