A.
The Town of Cochecton is hereby divided into the following types
of districts:
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AC
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Agricultural Conservation District
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RU
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Rural Development District
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HD
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Hamlet District
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ND
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Neighborhood Development District
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ND-R
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Neighborhood Development - Residential Overlay District
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B.
The ND-R Neighborhood Development - Residential Overlay District shall be an overlay zoning district for the ND District. The standards of the ND Neighborhood Development District shall apply within this overlay district, excepting that none of the special uses for ND Districts shall be permitted. The purpose of this overlay district is to recognize there are some small residential areas within the ND District which should be further protected from incompatible development activities because of their primarily residential character. Nevertheless, it also remains the intent of the Town to allow the development of these areas at a higher density due to the availability of public sewage treatment facilities, provided lake areas are adequately buffered and conservation subdivision techniques are encouraged. This ND-R Overlay District is identified on the Zoning Map of the Town of Cochecton. PUD Districts and Floodplain Overlay Districts are also provided for under § 240-33 and § 240-22, respectively.
The location and boundaries of said districts are hereby established as shown on the Official Zoning Map of the Town of Cochecton, as amended this date or hereafter, which is attached hereto and made a part of this chapter.[1] This map is supplemented by depictions of said boundaries on tax assessment maps of the Town of Cochecton maintained in the Town Clerk's offices, said depictions having been prepared simultaneously with the Official Zoning Map and intended to be a part thereof for purposes of providing a more precise rendering of the location of district boundaries. Said maps and all notations, references and designations shown thereon shall be a part of this chapter as if the same were fully described and set forth herein.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
A.
Zoning district boundary lines are intended generally to follow or connect the center lines of rights-of-way, existing lot lines, the mean water level of rivers, streams and other waterways or Town boundary lines, all as shown on the Zoning Map, but where a district boundary line does not follow such a line, its position is shown on said Zoning Map by a specific dimension or relationship to such a line.
B.
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.
C.
When the specific location of a zoning district boundary line cannot
be ascertained, the Code Enforcement Officer shall request the Planning
Board to render an interpretation which shall then be used as the
basis for applying zoning standards.
The restrictions and controls intended to regulate development
in each district are set forth in the following Schedule of District
Regulations,[1] which is then supplemented by other sections of this chapter
and other laws of the Town of Cochecton. Any use identified as a principal
permitted use shall be permitted as a matter of right upon application
to the Code Enforcement Officer, provided the proposed use is in compliance
with these regulations. Special uses are subject to site plan review
and, specifically, Planning Board approval as prerequisites to the
Code Enforcement Officer issuing a permit for their establishment.
Accessory uses are permitted to accompany or, subject to approval
of the Town, precede principal permitted and special uses, and permits
for these uses shall be issued directly by the Code Enforcement Officer.
[1]
Editor's Note: The Schedule of District Regulations is included
at the end of this chapter.
A.
Whenever any owner or occupant of any property in the Town of Cochecton
shall establish a new use, change an existing use, erect a new building
or move, alter, add to or enlarge any land use or building for any
purpose or in any manner, such owner or occupant shall first comply
with the requirements of this chapter and obtain a building/zoning
permit/certificate of occupancy, unless specifically exempted from
such requirements by this chapter. A zoning permit shall be required
whenever a change in land use occurs, regardless of whether any new
construction is involved or not excepting that agricultural harvesting,
grazing, tilling and crop rotation shall be exempt from all permit
requirements.
B.
If a proposed use is not specifically listed in any category of uses
or within any zoning district on the Schedule of District Regulations,
the Planning Board shall render 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 process the application as a special use.
The Planning Board shall make its determination on the basis of similarities
of the use to other specifically listed uses within various districts,
taking into consideration the impacts of the use on the community
and the neighborhood in which it is proposed. This shall not permit
the Planning Board to reclassify uses which are already listed, nor
shall the Planning Board allow any use which is not listed in a particular
district if that use is already permitted in another district.
A.
Minimum development standards. The development standards contained
herein are minimums and shall apply to each dwelling unit unless otherwise
specifically provided. A two-family dwelling shall, for example, require
the equivalent of two minimum-sized lots insofar as lot area, as will
any two dwelling units on the same property.
B.
Corner lots. No obstruction to vision (other than an existing building,
post, column or tree) exceeding 30 inches in height above the established
grade of the street at the property line shall be erected or maintained
on any lot within the triangle formed by the street lot lines of such
lot and a line drawn between points along such street lot lines 75
feet distant from their points of intersection. Either of the two
sides of a corner lot may be designated as the front, provided the
rear yard shall always be opposite the frontage so designated.[1]
C.
Through lot requirements. A through lot shall be considered as having
two street frontages, both of which shall be subject to the front
yard requirements of this chapter.
D.
Minimum lot frontage. All residential lots shall have a front lot
line with a minimum length of 50 feet.
E.
Flag lots. The development of interior lots with limited lot frontage
consisting of only an access right-of-way shall be permitted, provided:
(1)
The right-of-way is a minimum of 50 feet in width.
(2)
The lot area shall be exclusive of that portion used as a right-of-way
for purposes of meeting minimum lot area and all other development
standards for the district.
(3)
No right-of-way shall be established over an existing parcel of land
to reach a new lot to the rear which would reduce the length of the
front lot line of the existing parcel to less than 100 feet.
(4)
All flag lot access rights-of-way shall be titled in fee simple ownership
to the flag lot property owner.
F.
Lot area calculation. Lot area, for purposes of complying with the
minimums set forth in this chapter, shall be calculated by excluding
all land areas within highway rights-of-way and land under water except
for ponds contained wholly within a lot. Acreage calculations shall
also exclude 50% of all land areas within a flood hazard area, 50%
of all state and federal wetlands and 50% of all areas of slope exceeding
25% in grade, as measured using twenty-foot contours.
G.
Intensive livestock operations. Any intensive-use agricultural, forestry
or livestock operation shall have a minimum lot area of 10 acres and
provide a setback of 200 feet from any lot line for all nonresidential
structures, livestock pen enclosures, wood products storage areas
or manure storage facilities.
H.
Green development. The Town of Cochecton Planning Board may, subject to the limitations of this section and site plan review, appropriately modify other development standards of this chapter and Chapter 215, Subdivision of Land, including but not limited to building and lot coverage, to accommodate residential development projects that are designed to meet the NAHB Model Green Home Building Guidelines. Similar modifications may be made to accommodate nonresidential development designed to Leadership in Energy and Environmental Design (LEED) standards. Such modifications shall be limited to those required to effectively meet the aforementioned standards, plus a density bonus to encourage use of these standards, provided the total increase in density as a result of all modifications made does not exceed 10% of the density permitted under conventional development.
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[1] for the district where such building or structure is located.
[1]
Editor's Note: The Schedule of District Regulations is included
at the end of this chapter.
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,
radio and transmission towers, farm buildings or similar noninhabited
structures under 150 feet in height. Structures over 150 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.
A.
Side yard exception. Where the sidewall of a building is not parallel
with the side lot line or is irregular, the side yard may be varied.
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.
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 30 feet from the center
line. Also, when such circumstances exist, no principal structure
shall be set back further than this average depth plus 10 feet. That
portion of the ND District between Lake Huntington and County Road
No. 113 (Route 52), however, shall require a front yard of no more
than 10 feet in depth. The illustration below depicts how the front
yard exception shall apply.
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Illustration of Front Yard Exception
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C.
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.
D.
Waterfront yards. Any yard which borders on a lake, stream or body
of water shall be not less than 100 feet in depth, excluding boathouses
and docks.
The location, limitation and coverage of accessory buildings
shall be as follows:
A.
No accessory building permitted by this chapter shall be placed in
any required side or front yard, except as provided in this article.
B.
The aggregate ground area covered by any accessory buildings in any
rear yard shall not exceed 50% of the rear yard area.
C.
Accessory structures not attached to a principal structure shall:
D.
When an accessory structure is attached to the principal building,
it shall comply with requirements for principal buildings.
E.
Storage trailers, railroad cars, bulk containers or retired manufactured
housing units and recreational vehicles shall not be used for purposes
of accessory structures in connection with any use.
F.
All facilities intended for the collection of garbage, refuse or
trash on a lot shall be located in a side or rear yard and not in
any portion of a front yard. This provision shall not apply to lots
on which demolition or construction is taking place.
G.
No accessory structure shall be located where it would prevent emergency
vehicle access to a principal structure or to a water supply capable
of serving firefighting needs. Unobstructed access drives of no less
than 16 feet at the entrance shall be provided to any principal structure
located more than 75 feet from the edge of the public street right-of-way.
H.
Fences of more than eight feet in height, excluding those erected
for agricultural purposes, shall require special use permits.
I.
Private burial sites for human remains shall be subject to site plan
review; shall not be located in front yards or closer than 200 feet
to any principal structure, well water source or water body; and shall
not be located in a flood hazard area. All burials shall otherwise
comply with New York State law. Any landowner establishing a private
burial site shall also place a permanent deed covenant on the property
assuming all responsibility for maintenance of the site and absolving
the Town of any such responsibility.
