Pursuant to the authority conferred by Article
16 of the Town Law of the State of New York, the Town Board of the
Town of Bergen hereby adopts and enacts as follows.
This chapter shall be known as the "Zoning Law
of the Town of Bergen."
A.
The purposes of this chapter and zoning districts
as outlined on the Zoning Map are to provide for orderly growth in
accordance with a comprehensive plan, to lessen congestion in streets,
to secure safety from fire, flood and other dangers, to provide adequate
light and air, to prevent overcrowding of land, to avoid undue concentration
of population, to facilitate the adequate provisions of transportation,
water, sewerage, schools, parks and other public requirements and
to promote the health, safety, and general welfare of the public.
B.
The Zoning Law has been made with reasonable consideration,
among other things, to the character of each district and its peculiar
suitability for particular uses, and with a view to conserving the
value of buildings and encouraging the most appropriate use of land.
A.
No building shall be erected, constructed, moved,
altered, rebuilt or enlarged, nor shall any land, water or building
be used, designed or arranged to be used for any purpose except in
conformity with this chapter. No building, structure or premises shall
be used, and no building or other structure shall be erected which
is intended, arranged or designed to be used for any trade, industry,
business or purpose of any kind, that is noxious or offensive by reason
of the emission of odor, dust, refuse matter, garbage, smoke, fumes,
gas, noise or vibration, or that is dangerous to the comfort, peace,
enjoyment, health or safety of the community, or tends to its disturbance,
inconvenience, discomfort or annoyance.
[Amended 6-24-1985 by L.L. No. 3-1985]
B.
In interpreting and applying this chapter, the requirements
contained herein are declared to be the minimum requirements for the
protection and promotion of the public health, safety, morals, convenience
and general welfare. This chapter shall not be deemed to affect in
any manner whatsoever any easements, covenants or other agreements
between parties; provided, however, that where this chapter imposes
a greater restriction upon the use of buildings or land, or upon the
creation, erection, construction, establishment, moving, alterations
or enlargement of buildings than are imposed by other ordinances,
rules, regulations, licenses, certificates or other authorizations,
or by easements, or covenants, or agreements, then the provisions
of this chapter shall prevail.
C.
This chapter shall not apply to uses which were legal,
prior, existing, nonconforming uses as defined herein.
D.
Nothing herein contained shall require any change
in plans or construction of a building for which a zoning permit has
been issued.
[Amended 6-24-1985 by L.L. No. 3-1985]
E.
All buildings under construction at the time this
chapter is adopted shall conform to the Zoning Law in effect at the
time construction was commenced.
As used in this chapter, the following words
shall have these meanings:
Use of building or structure customarily incidental and subordinate
to principal use or building, and located on the same lot.
Land containing at least two acres which is used for raising
livestock or agricultural products; including farm structures and
storage of agricultural equipment; riding and boarding stables; and
as an accessory use, sale of agricultural products raised on the property.
Structural change, rearrangement, change of location, or
addition to a building, other than repairs and modification in building
equipment.
A system of electrical conductors that transmit or receive
radio frequency signals. Such signals shall include but not be limited
to radio, television, cellular, paging, personal communication services
(PCS) and microwave.
[Added 9-29-1997 by L.L. No. 3-1997]
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year; the area designated
as Zone A on the Federal Hazard Boundary Map (FHBM).
That portion of a building wholly or partly underground,
which extends no more than four feet above the adjoining finished
grade. The word "basement" includes the word "cellar."
Owner-occupied dwelling wherein more than three people are
sheltered for profit.
A continuous strip of trees and/or shrubs not less than 15
feet in depth and not less than six feet in height densely planted
to provide a physical screen preventing visual access from one use
to another and to reduce the escape and/or intrusion of litter, fumes,
dust, smoke, noise or other noxious or objectionable elements. This
requirement may be modified by the Planning Board.
Structure having a roof supported by columns or walls and
intended for shelter or enclosure of persons, personal property, animals
or equipment.
Vertical distance measured from average elevation of finished
grade at front of building to highest point of roof for flat and mansard
roofs, and to average height between eaves and ridge for other roofs.
Nothing herein contained shall be interpreted to limit or restrict
height of silos, church spires, cupolas, bell, clock, fire and observation
towers, and essential public utility structures.
Line parallel to front lot line transecting that point in
the building face which is closest to front lot line. This face includes
porches but does not include steps.
Distance measured across width of lot at required building
line.
A subordinate structure, subordinate to the main structure
on the lot and used for purposes customarily incidental to that of
said main structure.
A certificate issued by the Zoning Enforcement Officer upon
completion of construction, alteration or change in occupancy or use
of a building. Said certificate shall acknowledge compliance with
all the requirements of this chapter only and such adjustment thereto
granted by the Board of Appeals.
Building or use catering exclusively to club members and
their guests, and not operated primarily for profit. Includes YMCA,
YWCA, YMHA, fraternity, sorority, lodge, religious and similar clubs.
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles, and similar structures
which do or which do not employ camouflage technology; but excludes
those used exclusively for either fire, police or other dispatch communications,
or exclusively for private radio and television reception and private
citizen's bands, amateur radio and other similar communications.
[Added 9-29-1997 by L.L. No. 3-1997]
Meeting hall, place of assembly, museum, art gallery, library,
not operated primarily for profit.
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations,
which would lead to increased flood damage, excluding normal maintenance
to farm roads.
Building or use where a product is sold to, or a service
performed for customers while they are in or near their motor vehicle.
Building or part thereof used as living quarters for one
family. The terms "dwelling," "one-family dwelling," "two-family dwelling,"
or "multiple-family dwelling" shall not include a motel, hotel, boardinghouse,
tourist home, mobile home, camp or similar structure, but shall include
earth-sheltered dwellings.
Building used as living quarters by three or more families
living independently of each other.
Detached building used as living quarters by one family.
Building used as living quarters by two families living independently
of each other, with separate bath and kitchen facilities for each
family.
A structure which utilizes earth to shelter the structure
from extreme fluctuations in temperature, wind, and air infiltration.
The structure may be completely below the original grade, totally
above the original grade with earth bermed around the exterior walls,
or partially below and partially above the original grade such as
with placement in the side of a hill. An earth-sheltered dwelling
has at least two distinct means of egress. An earth-sheltered dwelling
is distinguishable from a basement being used as a dwelling chiefly
in terms of design function. An earth-sheltered dwelling is designed,
and appears to be designed, as the final structure just as it stands.
A basement is designed, and appears to be designed, as a foundation
for a superstructure placed upon it. These distinctions are most noticeable
by comparing:
One or more persons living, sleeping, cooking and eating
on the same premises as a single housekeeping unit.
[Amended 6-12-1989 by L.L. No. 3-1989]
A building on the premises of an operating farm used for
the repair of farm equipment and other vehicles necessary to an agricultural
community.
[Added 6-24-1985 by L.L. No. 3-1985]
The flood having a 1% chance of being equaled or exceeded
in any given year.
An official map of a community issued by the Federal Insurance
Administration where the boundaries of the flood and mudslide-related
erosion areas having special hazards has been designated as Zone A.
A general and temporary condition of partial or complete
inundation of normally dry land areas, from the overflow of inland
or tidal waters and/or to the unusual and rapid accumulation of or
runoff of surface waters from any source.
That area of the municipality identified on the Flood Hazard
Boundary Map as being subject to flood and/or mudslide hazards, which
area is delineated on the Zoning Map, and for which special floodplain
management requirements and criteria are enumerated herein.
Any combination of structural and nonstructural additions,
changes, or adjustments to properties and structures which reduce
or eliminate flood damage to lands, water and sanitary facilities,
utilities, structures, and contents of buildings.
The floor area within surrounding walls of a building or
portion thereof.
Lowest level including basement, crawl space, or garage of
lowest enclosed area.
The extent of a building or a lot along one public street
as defined herein.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit herein nor space therein for more than one car is leased to
a nonresident of the premises.
Any garage, other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
rental, greasing, washing, adjusting or equipping of automobiles or
other motor vehicles.
Building or land used for sale of motor fuel, oil and motor
vehicle accessories, and which may include facilities for lubricating,
washing or servicing vehicles, but not including painting or body
repairs.
A gasoline station which provides a second commercial service
such as a restaurant, dairy bar, beverage market or food market.
Space occupied by one or more persons for living, sleeping,
eating or cooking. Habitable floor area shall have a minimum height
of seven feet six inches and the area where the height is less than
five feet shall not be considered in computing required floor area.
An occupation or profession which:
Is customarily carried on in a dwelling unit
or in a building or other structure accessory to a dwelling unit;
and
Is carried on by a member of the immediate family
residing in the dwelling unit; and
Is clearly incidental and secondary to the use
of the dwelling unit for residential purposes; and
Which conforms to the following additional conditions:
The occupation or profession is carried on wholly
within the principal building or within a building or other structure
accessory thereto.
No more than two persons outside the immediate
family are employed in the home occupation.
There is no exterior display, no exterior sign,
larger than two square feet, no exterior storage of materials and
no exterior indication of the home occupation or variations of the
residential character of the principal buildings.
No offensive noise, vibration, smoke, dust,
odors, heat or glare is produced, nor does the home occupation result
in:
Dissemination of noise, vibration, odor, dust,
smoke, observable gas or fumes, or other atmospheric pollutant beyond
the boundaries of the immediate site of the building in which such
use is conducted;
Hazard or fire explosion or other physical hazard
to any person, building or vegetation;
Radiation or interferences with radio or television
reception beyond the boundaries of the immediate site of the building
in which such use is conducted, or the testing of material or instruments
in such manner as to constitute a public nuisance.
In particular, a home occupation may include,
but is not limited to the following: art studio, dress making, barber
shops and beauty parlors (when limited to two work stations), cook,
day nursing, draftsman, dress maker, electrical/radio/television repair,
furniture refinisher, laundering, musician, photographer, professional
office of a physician, dentist, lawyer, engineer, architect or accounting
within a dwelling occupied by the same, upholsterer, teaching or tutoring,
real estate offices.
However, a home occupation shall not be interpreted
to include the following: Motor vehicle repair shop, machine shop,
welding and fabrication shop, commercial stables and kennels, restaurants.
Hospital, sanitarium, clinic, rest home, nursing home, convalescent
home, home for aged, and any place for diagnosis and treatment of
human ailments, except a doctor's office.
An establishment for the medical and/or surgical care of
sick or injured animals.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room may be provided within the building or in
an accessory building.
Land used for collecting, storage or sale of wastepaper,
rags, scrap metal, or discarded material, or for collecting, wrecking,
dismantling, storage, salvaging or sale of machinery parts of vehicles
not in running condition. Two or more vehicles not enclosed within
a building not in running condition and/or no longer intended or in
condition for legal use on a public highway shall constitute a junkyard.
Junkyards are prohibited in the Town of Bergen.
Building or land used for harboring four or more dogs over
six months old.
Off-street space at least 12 feet wide by 40 feet long used
for temporary location of one licensed motor vehicle. Such space shall
have access to a street or alley.
Land occupied or which may be occupied by a building and
its accessory uses, together with required open spaces, having not
less than minimum area, width and depth required for a lot in the
district in which such land is situated; and having frontage on a
street, or other means of access as may be determined by the Planning
Board to be adequate as a condition for issuance of a zoning permit.
[Amended 6-24-1985 by L.L. No. 3-1985]
Total area within property lines, excluding any part thereof
lying with the boundaries of a street right-of-way or proposed street
right-of-way.
A lot located at the junction of and fronting on two or more
intersecting streets. (Also see definition of "lot line, front.")
Mean horizontal distance from street right-of-way line of
the lot to its opposite rear line measured at right angles to building
line.
In the case of a lot abutting upon only one street, the line
separating the lot from the street right-of-way; in the case of a
lot abutting more than one street, each street line shall be considered
a front lot line.
The lot line which is generally opposite the front lot line,
if the rear lot line is less than 10 feet in length, or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front line, not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
The property line or lines extending from the front lot line
to the rear lot line. In the case of a corner lot, the two lot lines
which are not front lot lines shall be deemed to be side lot lines.
[Amended 6-12-1989 by L.L. No. 3-1989]
The horizontal distance between the side lot lines, measured
at right angles to the lot depth.
The lowest level including basement, crawl space, or garage
of lowest enclosed area.
A structure, transportable in one or more sections, which
is at least 600 square feet in size, which is built on a permanent
chassis and designed to be used with or without a permanent foundation
when connected to the required utilities. Recreational vehicles or
travel trailers are not included in this definition.
A parcel of land under single ownership which has been improved
for the rental or lease of two or more lots and the provision of services
for mobile homes for nontransient residential use.
A parcel of land under single ownership in which a single
lot or lots are developed and eventually sold by the landowner to
persons for the placement of a mobile home.
See "hotel."
A building used for repair and servicing of motor vehicles.
A use of a building or of land that does not conform to the
regulations as to use in the district in which it is situated, which
was lawful under preceding ordinances or laws at the time the use
was established, or if established before April 10, 1962, was lawful
before such date and in either event has not been extended after becoming
a nonconforming use.
Person or persons holding legal or equitable title to the
property.
An off-street space available for the parking of one motor
vehicle on a transient basis and having a width of 10 feet and an
area of not less than 200 square feet, exclusive of passageways and
driveways appurtenant thereto and giving access thereto, and having
direct usable access to a street.
That board appointed by the Town Board, specifically to hear
all requests for special use permits, subdivisions and site plans.
[Added 2-24-1997 by L.L. No. 2-1997]
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel, or topsoil for sale, as an individual operation,
and exclusive of the process of grading a lot preparatory to the construction
of a building for which application for a zoning permit has been made.
[Amended 6-24-1985 by L.L. No. 3-1985]
Includes bowling alley, theater, table tennis, and pool hall,
skating rink, gymnasium, swimming pool, hobby workshop, and similar
places of indoor recreation.
Includes golf courses, golf driving range, trap, skeet, and
archery range, swimming pool, skating rink, riding stable, tennis
court, recreation stadium, skiing facility, hunting preserve, and
similar places of outdoor recreation.
Church, temple, parish house, convent, seminary and retreat
house.
One-family dwelling, two-family dwelling, multiple-family
dwelling or mobile home.
Enclosed store for sale of retail goods, personal service
shop, department store and restaurant; shall exclude any drive-in
service, freestanding retail stand, gasoline service and motor vehicle
repair service, new and used car sales and service, trailer and mobile
home sales and service.
Parochial, private and public school, college, university
and accessory uses; and shall exclude commercially operated schools
of beauty culture, business, dancing, driving, music and similar establishments.
Any structure or part thereof, or any device attached to
a structure or painted or represented on a structure, which shall
display or include any letter, word, model, banner, flag, pennant,
insignia, device or representation used as, or which is in the nature
of an announcement, direction or advertisement. A sign includes any
billboard, but does not include the flag, pennant, or insignia of
any nation, or group of nations, or of any state, city or other political
unit or of any political, education, charitable, philanthropic, civic,
professional, religious or like campaign, drive, movement or event.
However, a sign as designed herein shall not include a similar structure
or device located within a building.
A "business sign" is a sign which directs attention
to a business or profession conducted or to products sold upon the
same lot. A "For Sale" or "To Let" sign relating to the lot on which
it is displayed shall be deemed a "business sign".
An "advertising sign" is a sign which directs
attention to a business, commodity, service or entertainment conducted,
sold or offered elsewhere than upon the same lot.
An "illuminated sign" is any sign designed to
give forth any artificial light, or designed to reflect such light
deriving from any source which is intended to cause such light or
reflection.
A "flashing sign" is an "illuminated sign" on
which the artificial light is not maintained stationary and constant
in intensity and color at all times when in use.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Planning Board.
A specifically designed use that would not be appropriate
generally or without restrictions throughout the zoning district but
which, if controlled as to number, area, location, or relation to
the neighborhood, would promote the public health, safety, welfare,
morals, order, comfort, convenience, appearance, prosperity or general
welfare.
An authorization of a particular land use which is permitted
in this chapter, subject to requirements imposed herein to assure
that the proposed use is in harmony with the Zoning Law and will not
affect the neighborhood if such requirements are met.
[Added 2-24-1997 by L.L. No. 2-1997]
Any building in which livestock are kept.
Public way for vehicular traffic which affords principal
means of access to abutting properties.
Right-of-way line of a street as dedicated by a deed of record.
If no such deed exists, then by any other record establishing such
right-of-way line of a street. Where street width is not established,
the street line shall be considered to be 30 feet from the center
line of pavement.
[Amended 6-24-1985 by L.L. No. 3-1985]
A combination of materials to form a construction for use,
occupancy or ornamentation, including but not limited to, building,
mobile home, towers or gas or liquid storage tanks, that are principally
above ground.
Any repair, reconstruction or improvement of
a structure, the cost of which equals or exceeds 50% of the market
value of the structure either: before the improvement or repair is
started; or if the structure has been damaged and is being restored
before the damage occurred.
For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either: any project
for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions; or any alteration of a structure
listed on the National Register of Historic Places or a State Inventory
of Historic Places.
A body of water or receptacle for water having a depth greater
than one foot, used for swimming, and shall exclude portable plastic
pools designed to hold less than 3,000 gallons.
Owner-occupied dwelling in which overnight accommodation
is provided for transient guests for profit.
Vehicle capable of being used as seasonal sleeping or living
quarters, not exceeding 450 square feet in floor area, whether self-propelled
or towed, or a camper body mounted on a motor vehicle. "Trailer" shall
also include any vehicle which may be towed and used for carrying
goods, equipment, machinery, or recreation vehicles, or as a site
office.
Any person, firm, corporation or governmental subdivision,
duly authorized to furnish to the public, under public regulation,
electricity, gas, water, sanitary sewers, storm sewers, steam, telephone,
telegraph or cable television or telecommunications.
[Added 2-24-1997 by L.L. No. 2-1997]
An open space on the same lot with a building or group of
buildings, which open space lies between the buildings or group of
buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except as may be specifically authorized in
this chapter. In measuring a yard, as hereinafter provided, the line
of a building shall be deemed to mean a line parallel to the nearest
lot line, drawn from a point of a building or the point of a group
of buildings nearest to such lot line, and the measurement shall be
taken at right angles from the line of the building as defined herein
to the nearest lot line.
A yard between the side line of the lot and the nearest line
of the building, and extending from the front yard to the rear yard,
or in the absence of such yards, to the front and rear lot line, as
the case may be.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
(See "lot line, front.")
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
That board appointed by the Town Board specifically to hear
all appeals as provided by these regulations.
This chapter shall take effect as of September
25, 1983. The Zoning Law of the Town of Bergen (Local Law No. 1 of
1974) and any amendments thereto, the Mobile Home Ordinance of the
Town of Bergen and any other enactments of the Town Board of the Town
of Bergen which are inconsistent with the provisions of this chapter
are hereby repealed.
