A.
Yard and open space for every building. No yard or
other open space provided about any building for the purpose of complying
with the provisions of these regulations shall be included as any
part of the yard or open space for any other building on the lot or
on any other lot.
B.
Subdivision of a lot. Where a lot is formed hereafter
from part of a lot already occupied by a building, such separation
shall be effected in such manner as not to impair conformity with
any of the requirements of this chapter with respect to the existing
building and all yards and other required spaces in connection therewith;
and no permit shall be issued for the establishment of a land use
or erection of a building on the new lot thus created unless it complies
with all the provisions of this chapter.
C.
Irregularly shaped lots. Where a question exists as
to the proper application of any of the requirements of this chapter
to a particular lot or parcel because of the peculiar or irregular
shape of the lot or parcel, the Zoning Board of Appeals shall determine
how the requirements shall be applied, after written request by the
Director.
D.
New buildings on lots less than the minimum area.
A permit may be issued for the erection of a building for a permitted
use on a lot for which a valid conveyance has been recorded prior
to the adoption of this chapter, notwithstanding that the area or
dimensions of such lot are less than that required for the district
in which such lot lies, providing:
(1)
That all yard setbacks and other requirements which
are in effect at the time of the obtaining of the building permit
are complied with; and
(2)
That the owner of such a lot did not own other lots
contiguous thereto at the time of the adoption of this chapter. If
he/she did (and still does), such other lot, or so much thereof as
may be necessary, shall be combined with the first named lot to make
one or more conforming lots, whereupon a permit may be issued, but
only for such combined lots. If he/she does own contiguous property,
a permit may not be issued until the lot shall have been made contiguous.
Where the required area or dimensions of lots are changed by an amendment
to this chapter, any legal lot existing at that date and made nonconforming
by such amendment may be built upon within the limits of the two conditions
mentioned above.
E.
Front yard extension. When an unimproved lot is situated
between two improved lots, each having a principal building within
20 feet of the side line of the unimproved lot, the front yard may
be reduced to a depth equal to that of the greater front yard of the
two adjoining lots.
F.
Lots without public water or sewer facilities. No
building permit shall be issued for any use on a lot which is not
served by both public water and a public sanitary sewer system, if
the Director deems them necessary for such use, unless such deficiency
is allowed by both the Rensselaer County Health Department and the
Mayor.
G.
Projections about height limits. The height limitations
of this chapter shall not apply to projections of buildings which
are usually carried above the roof level, such as flagpoles, church
spires, belfries, cupolas and domes not used for human occupancy,
nor to chimneys, ventilators, skylights, water tanks, bulkheads or
similar features, radio and television antennas for the use of residents
of dwellings in apartments, and necessary mechanical appurtenances.
Such projections, however, shall be erected only to a height necessary
to accomplish the purpose they are intended to serve but in no case
more than 15 feet above the projection's lowest point of contact with
the roof. The total area covered by such features shall not exceed
in cross-sectional area 15% of the area of the section of roof upon
which they are located. Such features as water tanks, cooling towers
and bulkheads shall be enclosed within walls of material and design
in harmony with the main walls of the building on which they are located.
H.
Required street frontage. No permit shall be issued
for any land use or structure unless the lot upon which such land
use is to be established or structure is to be built has the required
frontage on a street or alley as defined herein, which street or alley
frontage provides the actual access to such land use or structure,
and which street or alley shall have been suitably improved or a performance
bond posted therefor, as provided by applicable provisions of law.
I.
Yards, yard improvements, building projections and
setbacks.
(1)
Terraces (porch, open). A terrace shall not be considered
in the determination of lot coverage or yard requirements, except
as otherwise specified in this chapter; provided, however, that such
terrace is without roof, awnings, screens, walls, parapets or other
forms of enclosure and is not more than three feet above the level
of the floor of the ground story. Such terrace, however, may have
a guard railing, wall or fence, none of which shall exceed four feet
in height.
(2)
Porches (roofed). No porch may project into any required
yard, except as otherwise specified in this chapter. Any two-story
porch shall be considered a part of the building in determining setback
distances.
(3)
Projecting architectural features. Architectural features
such as windowsills, belt courses, chimneys, cornices, eaves or bay
windows may project not more than three feet into any required yard.
The sum of any bay window projections on any wall shall not exceed
one-fourth the length of said wall.
J.
Accessory buildings and uses. All accessory buildings shall conform with the minimum yard regulations established in Article IV of this chapter, except as permitted below:
(1)
Unattached, accessory to residential buildings. Buildings
accessory to residential buildings and which are not attached to any
main building shall be no higher than 16 feet from the adjacent ground
surface to the highest point of the roof, if newly constructed. Existing
unattached accessory buildings that are higher than 16 feet on the
effective date of this chapter shall not be made higher. Unattached
accessory buildings may be erected in the required rear and side setback
areas of the principal structure provided that:
(a)
A minimum distance of 12 feet be maintained
between the principal building and the accessory building.
(b)
A minimum side and rear accessory setback equal
to one-quarter of the accessory building height be maintained in all
zones except the R-1 Zone district. In no case may this setback be
less than three feet.
(c)
Minimum side and rear accessory setback of five
feet be maintained in the R-1 Zone district.
(2)
Unattached, accessory to nonresidential buildings.
Buildings accessory to nonresidential buildings shall meet the required
side yard setbacks for the main building on the same lot. The required
distance from the main building and from the rear lot line shall be
one-fourth the height of the accessory building. No such accessory
building shall exceed the main building height and in no case shall
exceed 30 feet in height, and location in the front yard is not allowed
unless an area variance is granted by the Zoning Board of Appeals
A.
Two or more buildings on a lot. Two or more main buildings
located on a parcel in single ownership shall conform to all the requirements
of this chapter which would normally apply to each building if each
were on a separate lot.
B.
Through lots. Where a single lot under individual
ownership extends from one street to another parallel or nearly parallel
street, the postal address street will be considered as the front
street. No main building shall be erected on the rear of the lot except
as specified in this article.
C.
Lots fronting on an alley. Individual lots, existing
on the effective date of this chapter, fronting on an alley, shall
comply with all the requirements of this chapter and the district
in which said lots are located.
D.
Side yard of a corner lot. The side yard of a corner
lot which abuts on a street shall be equal to at least one-half the
required front yard for that street.
Whenever a buffer strip is required by this
chapter, it shall meet the following standards:
A.
Be at least five feet in width along any lot line
abutting a residential lot in a residence district or three feet width
in all other cases.
B.
Be of fencing or evergreen planting of such type,
height, spacing and arrangement as, in the judgment of the Planning
Board, will screen the activities on a lot from the adjoining areas.
C.
The plan and specifications for such planting shall
be filed with and be part of the approved plan for the use of the
lot.
D.
Required planting shall be properly maintained throughout
the continuance of the use on the lot.
E.
A wall or fence, of location, height and design approved
by the Planning Board for additional screening, may be permitted by
the Planning Board in addition to or substituted for the required
planting.
On any corner lot in a district, no building,
fence, wall, hedge, or other structure or planting more than three
feet in height shall be erected, placed or maintained within the triangular
area formed by the intersecting curblines and a straight line joining
said curblines at points which are 30 feet distant from their point
of intersection, measured along said curblines. The height of three
feet shall be measured above the road surface at the nearest edge
of the pavement. This section shall not apply to existing trees, provided
that no branches are located closer than six feet to the ground.
An auto service station shall be subject to
the following additional standards:
A.
The lot upon which it is located shall have a width
of at least 100 feet fronting on a public street and an area of at
least 10,000 square feet.
B.
No new or used motor vehicles shall be sold or exhibited
for sale on any part of the lot.
C.
No motor vehicles left for service shall be left on
the lot for a period exceeding 30 days.
D.
No business not incidental to the normal conduct of
an auto service station shall be permitted on the same lot.
The sales or rental of cars and other motor
vehicles shall be subject to the following standards:
A.
The lot upon which the use is located shall have a
width of at least 100 feet fronting on a public street and an area
of at least 10,000 square feet.
B.
No vehicles which are junked or wrecked, or being
disassembled, shall be parked or stored on the lot for a period in
excess of 30 days. These vehicles shall not be visible from the street
or ground level from nearby uses.
C.
Business not incidental to the normal conduct of this
use shall not be conducted on lot, except the associated service and
repair of said vehicles.
D.
Strings of lights or pennants shall not be used, hung,
suspended or erected on any auto sales lot.
Unless specifically noted, the provisions of
this chapter shall not apply to fences and freestanding walls.
A.
Work permit must be obtained for any new or replacement
fence or freestanding wall.
C.
Fences in B-1, B-2, B-3, B-4, B-5, IND, INST and CON
Zones may be erected to a maximum height of 10 feet. No barbed wire
shall be permitted in the bottom eight feet of such fences. All fences
or walls hereafter erected that are more than eight feet in height
shall be reviewed by the Planning Board and shall be subject to all
terms and conditions as required by the Planning Board.
D.
Fences in zones other than those enumerated in C above
may be erected to a maximum height of eight feet except that new fences
located between the front property line and the front line of the
main building in R-1, R-2 and R-3 districts shall not exceed a height
of four feet.
E.
Appearance. Fences shall be constructed of materials
that are new or in good used condition and shall be maintained in
a structurally sound and safe condition, in a plumb upright position,
and free from excessive rust, peeling or faded coatings and damaged
or deteriorated components. Materials or assemblies clearly not intended
for use as fencing shall not be utilized.
A single private outdoor swimming pool per property
is permitted as an accessory use provided:
A.
That the pool is not a commercial enterprise.
B.
That no edge of the pool walls may be closer than
eight feet to any property line or main building on the property.
No walking surface of any deck or platform that is at or above the
water level of an aboveground swimming pool and is within five feet
of the pool walls may be closer than five feet to any interior lot
lines.
C.
That the pool does not encroach on the front yard
of the property, as required in the district.
Clotheslines may not be installed in the front
yard within any zoning district.
