The basic regulations governing the uses and
buildings within each zoning district are established in this chapter.
For certain specific uses or exceptional situations, these basic regulations
are supplemented by other provisions of this chapter.
A. Regulations governing the specific use of land within
the various zoning districts shall be as set forth in regulations
governing uses in that specific district.
B. Regulations governing the size of lots, yards and
buildings for the various zoning districts shall be set forth in regulations
governing uses in that specific district, except as noted herein.
A. In the event that any lot in any district shall be
so altered in size that its area or any of its dimensions or open
spaces shall be smaller than required by law, no permit shall thereafter
be issued for the erection or maintenance of any building or structure
or for any other use regulated by this chapter. No lot or any portion
thereof in any district required by this chapter for any building
or use shall be included as part of a lot also required for another
building or use unless permitted by this chapter. Notwithstanding
this or any other section of this chapter, any existing lot or parcel
of land which is bounded on at least one side by other land owned
by the same person and which said lot or parcel contains an area which
is larger than the minimum lot area required by this chapter for land
within the zone in which the lot is located shall not be divided so
as to create any nonconforming lot.
B. Flag lots. The two-hundred-foot minimum lot width
is considered to be the distance between side lot lines measured along
the front building line of the lot. The fifteen-foot minimum road
frontage permits flag-type lots. Adequate emergency vehicle access
must be provided prior to the issuance of any building permit. This
lot design and the low-density character are necessary to preserve
the scenic beauty of the area and to ensure that the natural resources
of a district are utilized in the public interest.
C. The minimum lot area shall be two acres for the A
Residential/Agricultural, B Residential and E Business Districts if
the lot is developed without public sewers.
No structure, except for farm use and except
for buildings and other structures permitted as a special use hereunder,
shall exceed the height limitations contained in the Density Schedule from the highest natural grade. The height limitations
contained in the Density Schedule do not apply to spires, belfries,
cupolas, water tanks, ventilators, chimneys, silos and other appurtenances
usually required above the roof level but not intended for occupancy.
Chimneys and ventilators may exceed the height limitation of this
chapter by not more than 20 feet.
Convenient and adequate parking spaces (160
square feet minimum, eight feet width minimum) shall be provided and
satisfactorily maintained by the owner. Minimum standards are as follows:
A. At least 1 1/2 parking spaces for each dwelling
unit.
B. Professional offices or customary home occupations:
two parking spaces for each person or employee engaged in the profession
or home occupation unless the occupation or profession is such that
in the normal course of business clientele or other persons do not
call in person at the premises.
C. Places of public assembly: at least one parking space
for each three seats based on maximum seating capacity.
D. Hospital, sanitarium, nursing home, etc.: at least
one parking space for each employee, attendant or member of the staff
employed during the day.
E. Commercial districts: all uses in commercial districts,
except office buildings, shall provide parking spaces as deemed necessary
in the site plan review.
F. Office buildings: at least one parking space for each
250 square feet of office floor area.
G. Industrial districts: all uses in industrial districts
shall provide parking space as deemed necessary in the site plan review.
A. Any person within any district may erect a roadside
stand and sell from said roadside stand agricultural products produced
primarily on his premises. Any such stand of permanent construction
shall comply with all the conditions and regulations prescribed for
structures in the district in which the stand is located. Any such
stand of temporary construction may be erected not nearer to a street
line than 10 feet, and such stand may be erected and maintained between
April 1 and November 30 of any year. There must be provided for any
roadside stand an off-street parking area sufficient to accommodate
vehicles of customers and to eliminate traffic hazards. Temporary
roadside stands for that purpose of the same of Christmas trees, wreaths,
Christmas decorations and the like are permitted under the same conditions
as set forth above from November 20 through December 31. Roadside
stand signs may be placed against the stand.
B. Such signs shall not exceed 16 square feet in area.
Further, such signs may be placed up to 100 yards in each direction
from the stand, as long as the signs are not placed in the road right-of-way
and are on the property or lot of the owner where the stand is located.
No obstruction to view between a height of 2 1/2
feet and 10 feet measured perpendicularly from the street grade shall
be maintained on the premises in the angle formed by intersecting
streets so as to interfere with the view of traffic approaching the
intersection within a distance of 100 feet measured along the center
line of each street from the intersection of such center line. The
provisions herein shall not be construed as to require the cutting
or removal of an existing stand of trees within the prescribed area.
Such area shall, however, be kept free from underbrush and other plants
which obstruct the view of approaching traffic.
No fence over four feet in height shall be erected
or maintained where such fence constitutes an unreasonable obstruction
of a scenic view from neighboring premises or from the highway. Fencing
for the purpose of enclosing farmland, horses, cattle or other animals
shall not exceed eight feet in height. All fences must be erected
within the property lines and no fences shall be erected so as to
encroach upon a public right-of-way. All fences shall be maintained
in a safe, sound and upright condition. All other fences in residential
districts shall not exceed six feet, except they shall not exceed
three feet in front yards. All fences in a business commercial zone
shall not exceed eight feet in height, except that they shall not
exceed three feet in front yards.
[Amended 9-8-2009 by L.L. No. 4-2009]
For regulations regarding storage of vehicles
and wrecks, refer to the New York State Property Maintenance Code,
Chapter 3, General Requirements, Section 302.8:
302.8 Motor Vehicles. Except as otherwise provided
for in statute or other regulations, two or more inoperative or unlicensed
motor vehicles shall not be parked, kept or stored on any premises,
and no vehicle shall at any time be in a state of major disassembly,
disrepair, or in the process of being stripped or dismantled. Painting
of vehicles is prohibited unless conducted inside an approved spray
booth. Exception: A vehicle of any type is permitted
to undergo major overhaul, including body work, provided that such
work is performed inside a structure or similarly enclosed area designed
and approved for such purposes.
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All new structures or additions to existing
structures shall be constructed in such a manner as to comply with
the New York State Building and Fire Law, the New State Fire Law and
the New York State Public Health Law. The minimum floor area for any
residential unit shall not be less than 720 square feet.
No billboards or signs shall be hereafter erected,
placed or maintained in the Town unless specifically hereinafter permitted
or unless a permit therefor has been obtained in compliance with the
provisions of this section.
A. Design and location of signs.
(1) No sign shall be illuminated by or contain a flashing,
intermittent, rotating or moving light or lights. All signs shall
employ only lights emitting light of constant intensity and no luminous
sign shall be placed or directed so as to cause glare upon any public
street, highway or sidewalk or adjacent premises or otherwise to cause
glare or reflection that may constitute a traffic hazard or nuisance.
No sign shall, in its construction, employ any mirror or mirror-like
surface. No sign or part thereof shall contain or consist of any banner,
pennant, ribbon, streamer, spinner or other similar moving, fluttering
or revolving device. Said devices, as well as strings of light, shall
not be used for advertising or attracting attention whether or not
they are part of any sign.
(2) Signs may be erected or maintained upon the roof of
any building or structure, but shall not exceed the peak of the building.
No signs shall project more than three feet from the way of any building.
No sign shall project from the roof of any building or into any public
way.
(3) No vehicle on which is placed or painted any sign
shall be parked or stationed in a manner primarily intended to display
the sign.
(4) No sign shall be erected or maintained within the
right-of-way.
B. Area and height of signs, generally.
(1) No sign, unless otherwise provided for herein, shall
be erected or maintained having an area greater than 32 square feet
per side, and no sign shall have more than two sides.
(2) No sign shall exceed 20 feet in overall height, measured
from the highest level of natural ground immediately beneath the sign
to the highest point of the sign or the supporting structure thereof.
C. Number of permitted signs where more than one principal
activity is being conducted. Notwithstanding the standard governing
the number of signs permitted to be erected or maintained on any lot
set forth herein, the following standards shall guide in the review
of all private signs associated with the project, such as in the case
of a shopping center, plaza or mall or other multiple commercial use
facility. All signs shall reflect a reasonable uniformity of design,
lighting and materials.
(1) A single ground sign not in excess of 100 square feet
in area may be erected identifying the center of a facility as a whole,
but shall not contain advertising matter, except identification of
the occupant.
(2) One individual wall sign not in excess of 40 square
feet in sign area may be erected for each separate principal activity,
such as a shop or store.
D. Off-premises directional signs. Notwithstanding the provisions of Subsections
A and
C to the contrary, one directional sign advertising an industry or business having its principal place of business within the Town may be located upon premises other than the premises of the principal place of such industry or business, provided that:
(1) Such industry or business is not fronted on a state
highway and the principal purpose of such sign is to direct motor
vehicles to the location of such business or industry.
(2) Such sign is located no closer than 20 feet nor more
than 60 feet from the highway boundary.
(3) Such sign has a maximum area of not more than 16 square
feet on either side, and it shall have no more than two sides and
no part of such sign shall be more than 12 feet above the highest
point of ground within five feet of such sign.
E. Temporary signs.
(1) Temporary signs not exceeding 32 square feet advertising
any political, educational, charitable, civic, professional, religious
or like campaign or event, excepting real estate signs which shall
be limited to the period of listing, may be erected for a period not
to exceed 45 days in any calendar year. No temporary sign shall in
any way obstruct or impair vision or traffic in any manner or create
a hazard of disturbance to the health and welfare of the general public.
(2) A temporary sign not exceeding 32 square feet in area,
the height of which is not greater than 10 feet, shall be permitted
for a period of three years from the time of final subdivision approval
for advertising the sale of property within such subdivision.
(3) No more than two such signs shall be permitted on
the original parcel.
F. Outmoded signs. Any sign which no longer advertises
a bona fide business being conducted on the premises or within the
Town shall be removed from said premises by the record owner or beneficial
user of the premises within 10 days from the receipt of a written
order to do so from the Code Enforcement Officer. In default of said
removal, the Code Enforcement Officer is authorized to effectuate
the removal of said sign and to charge all costs incident to the removal
to the record owner and/or the beneficial user of the premises.
G. Signs in residential districts; additional requirements.
The following signs may be permitted:
(1) A sign indicating the name and address of the occupant
or a permitted home occupation, provided that it shall not be larger
than four square feet in area per side; and if freestanding, not exceeding
four feet in height above the ground level at the sign's location;
and shall be no closer than 10 feet to any lot line; and shall not
be illuminated except indirectly.
(2) For farms and multiple-family dwellings, a single
identification sign not exceeding 32 square feet in area and indicating
only the name and address of the building may be displayed. Such signs
shall not be closer to any lot line than 1/2 the required setback,
shall not project more than six feet in height above grade and shall
not be illuminated except indirectly.
(3) No more than one sign for every 250 feet of road frontage
advertising the sale, lease or rental of the premises upon which the
sign is located, such signs not to exceed 32 square feet in area,
provided that such a sign is erected or displayed not less than five
feet inside the property line and shall not project more than 10 feet
in height.
(4) A permanent sign may be erected to indicate a subdivision,
which sign shall not exceed 40 square feet in area nor more than seven
feet in height.
H. Miscellaneous regulations; exemptions.
(1) No permit shall be required for the erection of temporary
signs indicating that property is for sale or for rent.
(2) The following shall not be included in the application
of the regulations herein:
(a)
Signs not exceeding one square foot in area
and bearing only property numbers, post box numbers, names of occupants
or premises or other identification of premises not having commercial
connotations.
(b)
Flags and insignia of any government except
when displayed in connection with commercial promotion.
(c)
Legal notices, identification, information or
directional signs erected or required by governmental bodies.
(d)
Integral decorative or architectural features
of buildings, except letters, trademarks, moving parts or moving lights.
(e)
Signs directing and guiding traffic and parking
on private property, but bearing no advertising matter.
(f)
Temporary signs announcing a campaign drive
or an event of a governmental, political, civic, philanthropic, educational
or religious nature.
No lot shall be principally used for the bulk
storage or disposal of hazardous waste, hazardous substances, solid
waste, radioactive material, sludge, deicing chloride salts or dust-producing
substances without the prior approval of the Board of Appeals; and
further provided that this provision shall not prohibit the storage
of animal waste upon any farm, provided that such storage does not
constitute a nuisance and such storage shall not be within 100 feet
of any lot. The approval of the Board of Appeals shall be given only
upon a finding that the proposed use shall not have a detrimental
effect upon surrounding properties or drinking water supplies, and
evidence of any required permits necessary from the New York State
Department of Health and/or Department of Environmental Conservation.
The Town Board may require the submission of any documents necessary
to make the foregoing finding. Nothing herein shall be construed to
be contrary to or supersede the Agricultural District Law of New York
State as amended from time to time.
A. Accessory buildings attached to the principal building
shall comply with all the yard requirements of this chapter for the
principal building. Detached accessory buildings shall not be located
in the front yard, with the exception that the Code Enforcement Officer
may permit locating a detached accessory building in the front yard
as long as the front yard setback requirements are met and if it is
determined that locating the detached accessory building is required
due to topography or to sewer/water facility location that prohibits
the structure to be located elsewhere on the lot.
B. A private garage shall have no provision for repairing
or servicing vehicles for profit. Space therein may be used for not
more than three commercial vehicles owned by the occupant. Space may
be rented for not more than three noncommercial vehicles of others
than occupants of the building to which such garage is accessory.
A. The Code Enforcement Officer may permit the width
of one side yard in a residential district to be reduced, provided
that the sum of the widths of the two side yards is not less than
the required minimum, and further provided that the distance between
the proposed structures and either an existing or proposed structure
on an adjacent lot is not less than the required minimum sum of the
widths of the two side yards.
B. In residential districts where the frontage on the
same side of the street within 500 feet of the subject lot is fifty-percent
developed or more, the required front yard for a new structure may
be modified to the average for such existing development.
C. Cornices, canopies, eaves, fire escapes, windows,
uncovered stairways, steps, enclosed porches and other architectural
features may extend into the front or side or rear yard up to six
feet from the principal structure.
One noncommercial earth station to be utilized by the resident of the dwelling unit on the lot shall be permitted as a permitted accessory use as identified in Article
IV, provided that:
A. The antenna shall have setbacks equal to or greater
than the height of the proposed structure.
B. The antenna shall not be located in the front yard
of any lot except those residential dishes not exceeding one meter
diameter and commercial point-to-point communications dishes in commercial
or industrial districts not exceeding two meters in diameter may be
roof mounted or otherwise located for clear communications.
C. The applicant shall present documentation of the possession
of any required license by any federal, state or local agency.
D. Residential dishes exceeding one meter in diameter
and commercial point-to-point communications dishes exceeding two
meters in diameter shall have suitable protective fencing and landscape
planting screen provided and maintained around the structure and accessory
attachment.
A. Private swimming pools shall be permitted as an accessory
use, provided that there is an existing residence on said lot and
the following regulations are complied with:
(1) Fences shall be constructed consistent with Part 720.1
of the New York State Uniform Fire Prevention and Building Code for
outdoor swimming pools, or such pools shall be entirely enclosed by
an impassable fence extending from the ground to a height of not less
than four feet above the ground level, with posts at intervals of
not more than 12 feet, which posts shall be firmly installed and embedded
in the ground, entirely surrounding the area in which a pool is located,
except that such fence may include one or more separate gates which
shall be capable of being closed and locked to prevent access by small
children, whichever is most restrictive. If a pool is constructed
entirely or partly above ground and that portion which is above ground
has a vertical side at least four feet high above the surrounding
finished grade at each and every point about the pool, provided that
the way of access into such pool is designed to be readily closed
and locked or removed, and such way of access shall be closed and
locked or removed when the pool is not in use, a fence shall not be
required.
B. Setbacks. Outdoor swimming pools shall be located
only in the rear or side yard not closer than 10 feet to the side
or rear property line.
C. Lighting/overhead wiring. No lights shall be erected,
operated or maintained in connection with a swimming pool in such
a manner as to create an annoyance to surrounding properties. Service
drop conductors and any other open overhead wiring shall not be installed
above the swimming pool or the area surrounding the swimming pool
extending 10 feet horizontally from the pool edge, diving structures,
observation stands, towers or platforms. All pools shall have no fault
grounding systems.
Tennis courts shall be permitted as an accessory
use, provided that the following conditions are met:
A. All lights used to illuminate a tennis court or tennis
court area shall be shielded so as to prevent their shining upon the
property of any adjacent property owner and becoming a nuisance or
annoyance to adjacent premises.
B. The fences surrounding, either partially or wholly,
the courts shall be set back at least 15 feet from the rear and side
lot lines.
C. All fences shall not be more than 12 feet in height
and shall principally be of an open chain link construction.
D. If there is any charge for tennis lessons or instruction
or for the use of the tennis court, the tennis court shall either
be a home occupation or commercial use as defined by this chapter.
E. Tennis courts shall not permitted to be located in
front yards.
A. No structure shall be constructed within 50 feet of
the bed of a stream carrying water an average of six months, except
for private bridges, drainage conduits, embankments and similar structures
as are necessary to permit access to the lot or as are incidental
to the lawful use of the lot. Such structure shall not adversely affect
the flow of the stream nor substantially increase the likelihood of
flood or overflow in the area.
B. Existing natural features such as trees, brooks, drainage
channels and views shall be maintained. Whenever such features interfere
with the proposed use of such property, a retention of the maximum
amount of such features consistent with the use of the property shall
be required.
C. All structures shall be designed so as to minimize
the amount of cutting into any slope of embankment or of any hill
or gully.
A. All dwelling units shall have an adequate sewage disposal
system meeting the requirement of the New York State Department of
Health, Department of Environmental Conservation and, if appropriate,
the regulations of the Land Conservation District, as required by
Local Law No. 1 of the year 1973 entitled "Town of Richmond Sanitation
Law."
B. If a seasonal or vacation home is converted to a year-round
residence, or if a single-family unit is converted to a multifamily
unit, the sewage system must meet the requirements of the agency or
agencies referred to above.
C. All residential uses shall have an adequate and potable
water supply source. Other uses shall also be required to have an
adequate and potable water supply source as required by the State
Department of Health and/or Department of Environmental Conservation.
D. If it is determined that the minimum lot area required
by this chapter is not adequate for providing an adequate water/sewage
system, the lot area shall be increased to the extent required to
meet the provisions of this chapter and appropriate enforcing agencies.
E. All well(s) on a lot which are in such a state of
disrepair or have insufficient yield or poor water quality that continued
use for the purpose of obtaining a satisfactory groundwater supply
is impracticable shall be sealed or closed so as to protect the aquifer
from pollution and to prevent a hazard to life or property.
A. Up to two recreational vehicles owned by the owners
of the property or a member of a family thereon may be stored upon
the premises, provided that:
(1) The vehicle is not connected to any electrical or
water supply.
(2) All such storage shall occur as inconspicuously as
practicable on the lot.
B. Unless otherwise provided herein, residents of the
Town may have located upon their lot a recreational vehicle of a guest
as long as:
(1) The length of stay is no longer than three weeks total
for the calendar year;
(2) The recreational vehicle has been provided with adequate
sewage disposal system, water supply and electrical services; and
(3) The recreational vehicle is not located closer than
15 feet to any dwelling and no closer than 10 feet from the side or
rear lot line.
It is the policy of the Town of Richmond to
conserve and protect and to encourage the development and improvement
of agricultural lands located within the Town of Richmond. Pursuant
to Article 25-AA of the New York State Agriculture and Markets Law,
agricultural districts have been created within the Town of Richmond.
Nothing in this chapter shall be construed to restrict or regulate
unreasonably farm structures or farming practices in contravention
of the purpose of Article 25-AA of the Agriculture and Markets Law
unless such restriction or regulation bears a direct relationship
to the public health or safety. In the event that any restriction
or regulation of this chapter shall be in conflict with any provision
of Article 25-AA of the Agriculture and Markets Law or any rule or
regulation thereunder promulgated, the provisions of Article 25-AA
and the rules and regulations thereunder promulgated shall control.