Wherever in such schedule there appear the words "All uses in (symbol of district)," such words shall be construed to include the specific limitations set forth in the same column for the district thus referred to. Otherwise, all limitations as to use shall be those set forth in such schedule, which for each district named shall be read from top to bottom.
[Amended 9-9-2002 by L.L. No. 3-2002]
Notwithstanding any other provisions herein, in the event that a special permit is sought for a particular use not enumerated herein, the Planning Board may, nevertheless, grant said permit, provided that the use is in keeping with the general intent of the land use of the Town and not inconsistent with or incompatible with other permitted uses in the zoning district.
[Added 8-22-2005 by L.L. No. 7-2005]
The general area and bulk requirements in each zoning district are set forth in the attached Schedule of Area and Bulk Requirements. This schedule is supplemented, as appropriate, by other provisions of this chapter.
Editor's Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
Nothing contained herein shall prohibit the use of a lot of less than the prescribed area, width or depth, when such lot is owned individually or separately from any adjoining tract at the time of enactment of Local Law No. 2-1971, adopted June 10, 1971, provided that all other provisions of this chapter met.
The height limitations of these regulations shall not be applicable to renewable energy resources, barns and silos, grain elevators, private home antennas and the following, provided that such areas, not including solar energy devices, do not exceed 10% of the roof area to which they are a part: flagpoles, spires, belfries, chimneys, transmission towers, skylights, water or cooling towers and elevator or stair bulkheads. No such tower or other exception shall be used as a place for habitation or for advertising unless otherwise authorized by this chapter.
Lot depth. The required depth may be decreased by 25% at any point, provided that the average lot depth conforms with the minimum required.
If two or more existing dwellings are located within 200 feet on each side of a proposed dwelling and on the same side of the street within the same block and zoning district, said proposed dwelling need not have a greater front yard than the average setback of all existing dwellings so located.
On streets with less than a fifty-foot right-of-way, the front setback shall be measured from the center line of the existing right-of-way, and 25 feet shall be added to the required front yard setback.
On a corner lot, each street frontage shall be deemed a front street line, and the required yard along each such lot line shall be the required front yard. The owner shall decide which of the remaining yards shall be the required side yard and the required rear yard.
At all street intersections, no obstructions to vision, such as a fence, wall, hedge, structure or planting over three feet in height, shall be erected on any lot within the triangle formed by the intersecting street lines, or their projections where corners are rounded, and a straight line joining said street lines at points which are 40 feet distant from their point of intersection measured along said street lines and/or projections.
The following accessory structures may be located in any required yard except where such constitute a permanent obstruction in a required front yard in a commercial or industrial district:
Chimneys or pilasters.
Open arbors or trellises.
Unroofed steps, patios or terraces not less than 20 feet from the highway right-of-way or 10 feet from any side or rear lot line, provided that the building complies with the yard requirements of this chapter.
Awnings or movable canopies not to exceed 10 feet in height.
The following accessory structures may be located in any side or rear yard, subject to the limitations contained herein:
Private in-ground or above-ground swimming pools not less than five feet from the side or rear lot line, in conformance with the requirements of § 219-35.
Permitted accessory buildings, provided that:
[Amended 3-28-1996 by L.L. No. 2-1996; 1-27-2003 by L.L. No. 1-2003]
No such building shall exceed 25 feet in height.
No such building shall be set back less than five feet from any lot line nor 10 feet from the principal building.
All such structures in the aggregate:
Not more than two such accessory structures shall be allowed on an individual lot less than two acres unless the owner obtains a special use permit.
[Added 5-28-1992 by L.L. No. 3-1992]
It is recognized that property owners and land planners should have full opportunity for subdivision of land and at the same time avoid certain subdivision restrictions such as frontage schedules that mitigate against legitimate use of rear acreage.
A flag lot as defined in Article II, Definitions, shall have a minimum lot area equal to that of the zone within which it is located, not including the flag access strip.
The flag access strip shall have a minimum width of 50 feet throughout its length.
The maximum number on lots that may be served by one flag access road shall be one.
Flag lots shall not be permitted within a new proposed major subdivision. It is the intent of this regulation to primarily restrict flag lots to acknowleding changes in land use and permitting utilization of some parcels of land that have been restricted by adoption of and amendment to this chapter.
No flag lot access strip shall be more than 600 feet long as measured from the center line of its connection to a public highway and the point/line where the flag lot is contiguous to the access strip.
In the event that a variance is granted allowing more than one flag lot, the following shall apply. The owner of a flag access road/drive serving more than one flag lot shall also comply with the following: the owner shall cause to be recorded in the Rensselaer County Clerk's Office a declaration of covenants, restrictions and easements in a form acceptable to the Town/Planning Board Attorney, which shall at a minimum provide:
Reciprocal easements for use of said road by each owner of a lot served by said road.
A declaration that the Town has no responsibility for the maintenance of said road.
Maintenance of the road to be paid for by the owners of the lots served. Maintenance shall include normal surface repair, reconstruction, drainage, snow and ice control and any and all other costs which may be associated with said road.
A provision that if the road is offered to the Town for dedication in the future, the road will first be brought up to Town specifications, including width for a dedicated road, at the expense of the owners of the lots served by said road.
That no certificate of occupancy be issued until the road is constructed in accordance with the above specifications to the satisfaction of the Town Superintendent of Highways.
Editor's Note: This local law also repealed former § 219-21, Minimum lot frontage.