A.
In all districts:
(1)
A private garage may be constructed as a structural
part of a main building, provided that when so constructed, the garage
walls shall be regarded as the walls of the main building in applying
the front, rear and side yard regulations of this chapter.
(2)
Accessory buildings, including private garages, shall
not be placed within a required front yard, nor within a required
side yard.
(3)
An access driveway may be located within a required
yard.
(4)
Required accessory off-street parking area or truck
loading space shall not be encroached upon by buildings, open storage
or any other use.
(5)
The storage of manure or of odor or dust-producing
substances as an accessory use shall not be permitted within 50 feet
of any side or rear lot line, or within 100 feet of any front lot
line.
(6)
The following shall apply to all forms of animal husbandry,
except the keeping of animals as household pets:
(a)
All shelters provided for livestock, fowl or
fur-bearing animals shall be at least 100 feet from any property line,
except that an existing shelter may remain and be added to, provided
that the addition shall not encroach on a required yard.
(b)
The disposal of animal wastes shall be provided
for in such a manner as to prevent any nuisance or sanitary problems.
In all districts except a B District, the lot
frontage at the street line shall be not less than 50 feet.
A.
Exceptions. Nothing herein contained shall restrict
the height of the following: church spire, cupola, dome, belfry, clock
tower, flagpole, chimney flue, elevator or stair bulkhead, water tank,
stage tower or scenery loft, radio or television tower, transmission
line or tower or similar structure.
A.
Accessory structures. The following accessory structures
may be located in any required front or rear yard:
B.
Front yard exceptions. The space in a required front yard shall be open and unobstructed except for structures provided for in Subsection A and the following:
C.
Projections. Every part of a required yard shall be
open to the sky unobstructed except for retaining walls and accessory
buildings in a rear yard, and except for the ordinary projection of
sills, belt courses and ornamental features projecting not to exceed
six inches. Cornices and eaves shall not project more than 18 inches.
D.
Fire escapes. Open or lattice-enclosed fireproof fire
escapes or stairways, required by law, projecting into a yard not
more than four feet, and the ordinary projections of chimneys and
pilasters shall be permitted by the Code Enforcement Officer when
placed so as not to obstruct light and ventilation.
E.
Through lots. Where a lot extends through from street
to street, the applicable front yard regulations shall apply on both
street frontages.
F.
Improved streets. Where a building is proposed in
a residence district and at least 25% of the street frontage has been
improved with buildings within 200 feet of the side lot lines of the
proposed building site on the same side or projected to the opposite
side of the street, and the average front yards exceed the minimum
requirement, the front yard shall be at least equal to the average
front yards of the two existing buildings closest thereto; provided
that the maximum setback need not exceed the required minimum front
yard by more than 20 feet.
A.
Inner court. In all districts, the least horizontal
dimension of an inner court at its lowest level shall be not less
than the larger of the following two dimensions:
B.
Outer court width. In all districts, the least width
of an outer court at its lowest level shall be not less than the largest
of the following three dimensions:
C.
Outer court depth. In all districts, the horizontal
depth of an outer court shall not exceed 11/2 times its least width.
A.
Multiple dwellings. In the layout of a development
of garden apartments or other multiple dwellings on a lot or tract
of land, a horizontal distance of not less than 35 feet or 2/3 the
height of the higher building, whichever is the greater, shall be
maintained between all main buildings and between main buildings and
major detached accessory buildings or groups of accessory buildings,
such as a garage compound, having a ground coverage equal to that
of a main building.
On a corner lot in any residence district, within
the triangular area determined as provided in this section, no wall
or fence or other structure shall be erected to a height in excess
of two feet; no vehicle, object or any other obstruction of a height
in excess of two feet shall be parked or placed; and no hedge, shrub
or other growth shall be maintained at a height in excess of two feet,
except that trees whose branches are trimmed away to a height of at
least 10 feet above the curb level, or pavement level where there
is no curb, shall be permitted. Such triangular area shall be determined
by two points, one on each intersecting street line, each of which
points is 25 feet from the intersection of such street lines.
A.
Statement of purpose. The requirements contained in
this section are designed to promote and protect the public health;
to prevent overcrowded living conditions; to guard against the development
of substandard neighborhoods; to conserve established property values;
and to contribute to the general welfare.
B.
Minimum schedule. Every dwelling or other building
devoted in whole or in part to a residential use, which is hereafter
erected, or converted to accommodate additional families, shall provide
a minimum floor area per family on finished floors with clear ceiling
height of not less than seven feet six inches, in conformity with
the following schedule and with the other provisions of this section.
The minimum stipulated herein shall be deemed to be exclusive of unenclosed
porches, breezeways, garage areas and basement and cellar rooms or
areas.
|
Type of Residence Building
|
Minimum Required
Floor Area Per Family
|
|---|---|
|
Single- and two-family detached dwelling and
mobile home not located in licensed mobile home courts
|
900 square feet
|
|
Multiple-dwelling and mobile homes located in
licensed mobile home courts
|
500 square feet
|
C.
First floor area of a dwelling. The minimum first
floor enclosed area of a dwelling other than a mobile home located
in a licensed mobile home court, exclusive of garage or other accessory
building, shall be 750 square feet, and its least overall dimension
shall be 20 feet.
A.
Schedule of permitted fences and walls. The following
schedule of a permitted fences and walls shall apply according to
the district in which the lot is located on the Zoning Map,[1] whether such lot be used for a permitted use or for a
special exception use, except where the Planning Board or the Board
of Appeals may require special treatment.
|
Maximum Fence or Wall Height
(Except where corner clearances are required in accordance with § 210-17)
| ||||
|---|---|---|---|---|
|
District
|
Front1 Lot
Line
(feet)
|
Side Lot Line
(feet)
|
Rear Yard
Lot Lines
(feet)
|
Not In Any
Minimum
Required Yard
(feet)
|
|
R-1
|
4
|
6
|
6
|
6
|
|
R-1-R
|
4
|
6
|
6
|
6
|
|
R-2
|
4
|
6
|
6
|
6
|
|
R-3
|
4
|
6
|
6
|
6
|
|
R-4
|
4
|
6
|
6
|
6
|
|
R-5
|
4
|
6
|
6
|
6
|
|
R-6
|
4
|
6
|
6
|
6
|
|
R-MHC
|
4
|
8
|
8
|
8
|
|
B
|
4
|
8
|
8
|
8
|
|
NOTES:
|
|---|
|
1A front yard fence
must not obstruct visibility. A cyclone or wire fence or similar type
only is permitted.
|
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
B.
Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence; excepting that where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall, and further excepting that any fence or wall on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of the schedule contained in Subsection A of this section.
In order to assure an orderly and compatible
relationship between residence districts and nonresidential districts
along their common boundary lines, the following requirements shall
be met along such boundaries:
A.
Minimum required transitional yards. Minimum required
transitional yards within nonresidential districts across district
boundaries from residential districts shall be at least 20 feet in
B Districts.
B.
Required screening of side and rear yards. Minimum required screening within required transitional side and rear yards shall be a six-foot-high stockade type fence or equal, to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Planning Board, subject to the applicable provisions of § 210-10, may waive or modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage.
[Added 10-24-1988[1]]
A.
No building permit or certificate of occupancy shall
be issued for other than a one-family residence, a two-family detached
residence or for structures accessory thereto until a site development
plan has been approved by the Planning Board in accordance with this
section.
B.
Objectives. In considering and acting upon site development
plans, the Planning Board shall take into consideration the public
health, safety and welfare, the comfort and convenience of the public
in general and of the prospective occupants of the proposed development
and of the immediate neighborhood in particular. The Planning Board
may prescribe such appropriate conditions and safeguards as may be
required in order to further the expressed intent of this chapter
and to accomplish the following objectives in particular:
(1)
Traffic access: that all proposed traffic access and
ways are adequate but not excessive in number; adequate in width,
grade, alignment and visibility; not located too near street corners
or other places of public assembly; and other similar safety considerations.
(2)
Circulation and parking: that adequate off-street
parking and loading spaces are provided to prevent parking on public
streets of vehicles of any persons connected with or visiting the
site, and that the interior circulation system is adequate to provide
safe accessibility to all required off-street parking.
(3)
Landscaping and screening: that all recreation areas,
parking and service areas are reasonably screened at all seasons of
the year from the view of adjacent residential lots and streets.
(4)
Compatibility: that signs and lights are compatible
and in scale with building elements and shall not predominate the
overall visual impact of the project. Textures of buildings and paved
areas shall be sufficiently varied to prevent a massive or monolithic
appearance, particularly areas of asphaltic paving for parking.
(5)
Environment: that the design, layout and operational
characteristics of the proposed use do not represent a significant
impact on the environment or result in a waste of the land and other
natural resources of the Town, and that, to the greatest possible
extent, development is in harmony with the natural environment, and
adequate compensatory devices are prescribed to offset potential significant
deterioration resulting from the project.
(6)
Development: that the site development plan elements
(including buildings, parking, drainage, circulation, signs and lighting)
will not adversely affect the potential for development for the highest
and best use of the adjacent properties or the property under review.
D.
Preliminary review and approval. The Planning Board at a meeting will undertake initial review of the proposed plan and may grant concept approval with such modifications and conditions as are necessary to ensure conformity of said plans with the general and specific criteria set forth in this chapter and other applicable rules and regulations of the Town of Highlands. The Planning Board shall authorize the setting of a public hearing in accordance with Article VII of this chapter for consideration of final site plan approval.
E.
Final review and approval.
(1)
An application for final site development plan approval
shall be made on forms prescribed by the Planning Board and accompanied
by a fee in accordance with the Standard Schedule of Fees of the Town
of Highlands[3] and shall include:
(a)
Complete building and construction plans and
all other material required by the Code Enforcement Officer for issuance
of a building permit, together with a report from the Code Enforcement
Officer indicating that the building and construction plans are in
conformity with the codes and regulations of the Town of Highlands;
and
(b)
Floor plans and elevations in sufficient detail
to permit adequate review.
[3]
Editor's Note: Said schedule is on file in
the Town offices.
(2)
The final site plan and all materials shall be subject
to review and consultation in the same manner as the preliminary site
plan. The Board shall take action on the application within 45 days
of the public hearing. The Board shall include such conditions of
approval as were required and, in addition:
(a)
The Planning Board shall require that on- or
off-site improvements be installed, including but not limited to on-
or off-site drainage systems to ensure that all drainage, storm runoff
and subsurface waters are carried into approved watercourses and drainage
systems.
(b)
No certificate of occupancy shall be issued
for any use shown on approved site development plans until all of
the improvements shown upon the site development plan and the off-site
improvements, as required by the Planning Board, have been duly installed,
and all easements and property interest have been granted. The Town
shall provide for the inspection of the required on- and off-site
improvements during and after construction to ensure their satisfactory
completion and require the applicant to pay an inspection fee to the
Town in accordance with the Standard Schedule of Fees.[4]
[4]
Editor's Note: Said schedule is on file in
the Town offices.
F.
Final approval; issuance of permit.
[Amended 5-22-2006 by L.L. No. 4-2006]
(1)
Upon submission of the final site development plan
with modifications required by the Planning Board in its final approval,
and upon satisfaction of any conditions imposed by such approval,
the Chairman of the Planning Board shall sign the approved site development
plan and file one copy with the Code Enforcement Officer, who may
thereafter issue a building permit and certificate of occupancy in
reliance thereof.
(2)
Approval of a final site development plan shall be
valid for two years from the date the Planning Board decision is filed
in the office of the Town Clerk, after which time the approval shall
be null and void unless a building permit has been issued. If there
is not substantial change in the condition of the site, or its environs
or the zoning requirements, a site development plan approval may be
extended by the Planning Board for one additional year upon submission
of a written request of the applicant submitted prior to the expiration
of the two-year period. If no building permit has been issued within
that period or any extended period, a new application must be submitted
to the Planning Board for a site development plan approval. This provision
is intended to and does amend § 274-a of the Town Law, as
last amended by Chapter 458 of the Laws of 1997, in its application
to the Town of Highlands.
G.
Amendment to a approved site development plan. An
application for an amendment of any approved site development plan
for a site which has received prior final site development plan approval
may be processed in accordance with the preceding provisions. An amendment
is only required where the modifications or changes have a material
and substantial impact on the balance of the site development plan
and functioning of the development.
[1]
Editor's Note: This ordinance also provided
for the repeal of original § 30.85, Building permits; site
plan procedure and standards.
