The regulations set forth herein shall supplement or modify the regulations set forth in Article V, Schedule of District Regulations.
The front yard (setback) requirements enumerated in Article V are applicable to local streets and highways. Front yard (setback) requirements for federal and state highways are 50 feet and county trunk highways, 35 feet. Setback requirements for federal, state and county highways are subject to § 525-33B.
A.
More than one building on a lot. In any district, more than one building housing a principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each building as though it were on an individual lot, unless otherwise specified in Articles V and IX for planned commercial or residential developments.
B.
Through lots and corner lots. On through lots or lots
with double frontage, the required front yard shall be provided on
each street. On corner lots, the street side yard shall be equal to
the required front yard for lots fronting on that street.
C.
Development in mapped streets. Where an official line
has been established for the future widening or opening of a street,
the depth of a front yard or the width of a side yard shall be measured
from such official line to the nearest line of the building.
E.
Building groups. In any nonresidential district, a
group of buildings separated only by common or party walls shall be
considered as one building.
F.
Yard encroachments. Every part of every required front
and side yard shall be open and unobstructed by structures from 30
inches above the general ground level of the graded lot upward to
the sky, except as hereinafter provided or as otherwise permitted
in this chapter.
(1)
Roof eaves may project into a required side yard not
more than three feet where the required side yard is eight feet or
more in width. Roof eaves may project into a required side yard not
more than two feet where the required side yard is less than eight
feet.
(2)
Sills, belt courses, cornices, vertical solar screens
and other ornamental features may project not over one foot into a
required yard.
(3)
Fire escapes, stairways and balconies, whether unroofed,
open and unenclosed or enclosed, shall not intrude into required yards.
(4)
Solar collectors which are part of the principal building
may extend into a required rear yard for a distance not to exceed
10 feet, and solar collectors may extend into a required side yard,
provided that they have a minimum seven-foot clearance from grade,
and provided further that such extension shall be at least five feet
distance from the adjacent lot line and shall not extend more than
three feet from the building.
[Amended by Ord. No. 2003-01; 12-20-2011 by Ord. No. 2011-04; 3-20-2012 by Ord. No.
2012-01; 4-22-2014 by Ord. No. 2014-06; 10-21-2014 by Ord. No. 2014-12; 7-21-2015 by Ord. No. 2015-02; 4-24-2018 by Ord. No. 2018-01]
A.
General regulations for accessory uses, buildings and structures.
All accessory uses, buildings, and/or structures shall abide by the
following general regulations:
(1)
No accessory use, building and/or structure shall be constructed
or established on a lot prior to the principal use or building being
present or under construction, except temporary construction trailers.
(2)
When attached to the principal building, accessory buildings and/or
structures shall comply with all requirements of this chapter applicable
to the principal building, unless otherwise stated, including, but
not limited to, setback requirements, building height limits, and
maximum lot coverage standards.
(3)
When not attached to the principal building, accessory buildings
and/or structures shall comply with all requirements of this chapter
applicable to the accessory buildings and/or structures in the zoning
district, including, but not limited to, number of detached structures,
placement, size, drainage, and design standards.
[Amended 12-20-2022 by Ord. No. 2022-01]
(4)
Accessory buildings or structures shall not be located closer to the front lot line than the principal structure unless noted as an exception in Subsection C(4).
[Amended 12-20-2022 by Ord. No. 2022-01]
(5)
Accessory buildings or structures shall not be located within any
recorded easement (utility, drainage, or otherwise) without written
consent of the entity controlling the easement.
(6)
The following, including, but not limited to, truck, truck tractor,
truck trailer, canopy, bus, railroad car, camper, camping trailer,
utility trailer, motorhome or similar vehicle or structure, or portion
thereof, shall not be used for storage purposes, as a principal use
and/or structure or an accessory use and/or structure in any zoning
district unless otherwise stated in this chapter.
(7)
Any detached accessory use, building and/or structure with a water
closet (toilet facility) shall require a special exception permit,
pursuant to special exception permits.
(8)
Accessory uses, buildings and/or structures shall be located on the
same lot as the principal use, structure or building.
(9)
Detached accessory buildings shall not be used as a secondary dwelling.
(10)
One portable storage unit shall be allowed on a lot for no more
than 30 consecutive days and no more than 60 total days per calendar
year. The unit shall be placed on an impervious surface and shall
not be located within 10 feet of road right-of-way.
B.
Use restrictions. All accessory uses, buildings and/or structures
shall abide by the following use restrictions.
(1)
When located in zoning districts AGD, RSF, RTF, RMF:
(a)
Accessory buildings shall be restricted to parking, storage,
or private activities by the occupant(s) of the lot upon which the
building is located. Any manufacturing, retail, or commercial activities
are prohibited.
(b)
The enclosed parking or storage of not more than one commercial
or service vehicle may be permitted within an attached garage or detached
garage provided that such vehicle is used by the occupant(s) of the
lot upon which the vehicle is parked or stored.
(2)
The enclosed parking, storage, or use within an attached garage,
detached garage, building or structure shall be restricted to the
occupant(s) of the principal use or building.
(4)
For properties within the AGD or AED District and within a recorded
subdivision plat, there is a maximum of one detached garage or structure
per dwelling unit.
[Amended 11-17-2020 by Ord. No. 2020-05; 12-20-2022 by Ord. No. 2022-01]
(5)
For
properties within the AGD District and not within a recorded subdivision
plat, there is a maximum of two detached garages or structures per
dwelling unit.
[Added 12-20-2022 by Ord. No. 2022-01]
(6)
For
properties within the AED District and not within a recorded subdivision
plat, there is no maximum number of detached garages or structures
per dwelling unit.
[Added 12-20-2022 by Ord. No. 2022-01]
C.
Placement.
(1)
Detached buildings or structures shall be a minimum of 10 feet from
any other structure on the property.
(2)
Detached buildings or structures shall not be placed closer to the
front lot line than the principal structure unless specifically allowed
for in C(4).
[Amended 12-20-2022 by Ord. No. 2022-01]
(3)
(4)
Detached
accessory structures in the AGD zone on properties of three acres
or more, not within a recorded subdivision plat and outside of the
Darboy Sanitary District, may be placed on the lot in a manner so
that the accessory structures’ front plane is no closer than
60% of the distance between the existing or planned principal structure’s
front plane and the established principal structure front yard setback
as measured from the closest point of the principal structure. [See
Fig. 525-34-1]
[Added 12-20-2022 by Ord. No. 2022-01]
|
Fig. 525-34-1: Setback Example for AGD Zone Detached Accessory
Structures
 |
D.
Coverage, size, height.
(1)
(2)
(3)
(4)
No detached building or structure shall exceed a dimension from the
finished floor elevation to the highest point of its roof as follows:
E.
Drainage, site plan. An application for an accessory building or
structure shall include a site/drainage plan showing the following:
(1)
Name, address, and designer of the proposed use.
(2)
Property boundary lines to include dimensions.
(3)
Location, dimension, and square footage of principal and proposed
buildings or structures.
(4)
Location, dimension, and square footage of patios, decks, swimming
pools, and driveways (existing and proposed).
(5)
Public rights-of-way, easements, natural features, etc.
(6)
Elevations of finished floors (principal and proposed) and adjacent
lot lines.
(7)
Arrows depicting the intended direction of water flow outward in
all directions from the finished floor.
(8)
Water detention facility (if proposed) to include ingress and egress
elevations and direction of flow.
F.
Design standards. The overall intent is to promote and encourage
a variety of architectural styles. However, basic harmony with the
principal building is intended to prevail so that no one structure
detracts from the other.
(1)
Materials. Sides and end claddings may be one or a combination of
the following:
(2)
Roofs. The intent of this section is to promote reasonable compatibility
with the principal building.
(a)
No roof pitch (slope) shall be less than three inches of rise
in 12 inches of run.
(b)
Roof formations pitching from one side or end to the other are
prohibited.
(c)
Roofs shall be clad with shingles or nonreflective material
compatible with the principal building.
(d)
Wooden shake or similar wooden roof claddings are prohibited.
(3)
Outdoor lighting.
(a)
Wall or soffit lighting shall be direct cutoff by design and
shall not allow trespass onto adjacent properties.
(4)
Mechanical equipment. All mechanical equipment whether electrical
or mechanical for the purpose of air circulation or other, shall be
contained within the perimeter of the exterior walls and roof. Condensing
units for cooling are allowed.
[Amended 11-17-2020 by Ord. No. 2020-05]
G.
Building permit required. No owner shall build, construct, use or
place any type of an accessory building and/or structure, including
prefabricated accessory buildings, until a building permit shall first
have been obtained from the building inspector. A building permit
is not required for children's play structures.
H.
Fences, walls, hedges.
(1)
Definition. For the purposes of this chapter, a fence is herein defined
as an enclosing barrier consisting of vegetation, wood, stone or metal,
or other material. The term "fence" shall be construed to include
plantings such as hedges.
(2)
General regulations. No fence shall have sharp or pointed pickets
dangerous to life or limb. Hedges and other plantings shall be continuously
trimmed and all parts thereof confined to the property on which planted.
Fences may be located on lot lines.
(3)
Residential fences. No fence or hedges exceeding 3 1/2 feet
in height shall be allowed within the building setback limits adjacent
to a street right-of-way, except that, in a rear yard setback where
there is no access to a street right-of-way, the maximum height may
be six feet. The maximum height of fences on any other boundary line
shall not be more than six feet in height, except the hedges may be
permitted to grow to their natural height and pools with self-contained
fencing or guardrails may reach a height of eight feet. Barbed-wire
fences, electrical fences, and single-, double- and triple-strand
fences are prohibited. The most attractive side of a fence shall face
adjoining property.
I.
Accessory parking and storage in Single-Family Residential (RSF),
Two-Family Residential (RTF) and Multifamily Residential (RMF) Districts.
(1)
BOAT
RECREATIONAL VEHICLE
TRAILER
Definitions. For the purpose of this subsection, the following terms
are defined. All other words and phrases shall be given their common,
ordinary meaning, unless the context requires otherwise. Words and
phrases not defined but defined elsewhere in this chapter shall be
given the meaning set forth therein.
Any description of watercraft used or capable of being used
as a means of transportation on water.
A sports vehicle, all-terrain vehicle, camper, snowmobile,
motor home, truck mounted dwelling, fifth wheel, or like recreational
vehicle.
A vehicle or transport used to tow, hold or store a boat
or recreational vehicle. When a trailer is being used to hold a boat
or recreational vehicle it shall not be counted as a separate unit
for the purposes of this section. Shall also include any other utility,
storage or transport trailer.
(2)
Permitted parking or storage of boats, recreational vehicles and
trailers. In all residential districts provided for in this Zoning
Chapter, it is permissible to park or store one boat or recreational
vehicle or trailer on private property in the following manner:
(a)
Within the front yard or side yard on a paved or gravel surface
only. Further restrictions shall also apply as follows:
[1]
Parking or storage in front yards shall be only allowed for
the time period of April 1 to October 31, except for snowmobiles.
[2]
All paved parking or storage areas shall be surfaced with a
dustless all-weather material capable of carrying a wheel load of
4,000 pounds (normally, a two-inch blacktop on a four-inch base or
five inches of cement will meet this requirement). Gravel surfaces
which can also meet this requirement are allowed.
[3]
Parking or storage in side yards shall be subject to a minimum
setback of three feet from all lot lines.
[4]
No storage or parking shall be allowed on lawns located in front
or side yards.
(b)
Parking or storage in rear yards is allowed on lawns or paved
or gravel surfaces subject to minimum setback of five feet from all
lot lines. Parking or storage in the rear yard shall be allowed year
round.
(c)
Only vehicles owned by a resident on whose property the unit
is parked or stored may be stored thereon. No storage or parking shall
be allowed on any vacant parcel of land without a principal structure.
(d)
No part of the boat, vehicle or trailer may extend or be located
in the public right-of-way, within a drainage easement or beyond the
paved or gravel portion of a parking or storage area if located in
the front or side yard.
(e)
Notwithstanding the restrictions in this section, a unit may
be parked anywhere on the premises during active loading or unloading,
and the use of electricity or propane fuel is permitted when necessary
to prepare a vehicle for use not to exceed 24 consecutive hours.
(f)
Trailers which are not used to tow, hold or store a boat or recreational vehicle that have a hauling gross weight of less than 3,000 pounds and have single axles shall be exempt from restrictions except for Subsection I(2)(a)[3], (c) and (d).
(g)
Parking is permitted only for storage purposes. Vehicles shall
not be:
[1]
Used for dwelling purposes, except for overnight sleeping for
a maximum of two consecutive days. Cooking is not permitted at any
time in any parked or stored vehicle.
[2]
Permanently connected to sewer lines, water lines or electricity.
The vehicle may be connected to electricity temporarily for charging
batteries and other purposes.
[3]
Used for storage of goods, materials or equipment other than
those items considered to be part of the unit or essential for its
immediate use.
The height limitations in Article V, Schedule of District Regulations, do not apply to belfries, cupolas, antennas, water tanks, elevator bulkheads, chimneys, spires, flagpoles or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
On any corner lot in all zoning districts, no
fence, wall, hedge, planting or structure shall be erected, placed,
planted or allowed to grow in such a manner as to obstruct vision
between a height of 2 1/2 feet and 10 feet above the center-line
grades of the intersecting streets in the area bounded by the right-of-way
lines of such corner lots and a line joining the points along said
right-of-way lines 25 feet from the point of intersection.
A.
Nature. Common open space shall not include street
rights-of-way, driveways, parking areas or yards required in connection
with any building.
B.
Buildings and structures. Common open space areas
may contain complementary buildings and structures appropriate for
the recreational use and enjoyment of the residents of the development
for which it was established.
C.
Reservation. When common open space or any portion
thereof is to be reserved for the exclusive use and enjoyment of the
residents of the development from which it was established, the developer
shall establish conditions as to the ownership, maintenance and use
of such areas as deemed necessary to assure preservation of its intended
purposes. Land designated as common open space shall be restricted
by appropriate legal instrument as open space perpetually or for a
period of not less than 99 years. Such instrument shall be binding
upon the developer, his successors and assigns and shall constitute
a covenant running with the land and be recorded as a condition of
approval.
D.
Maintenance. In the event that common open space is
improperly maintained, the Town of Buchanan may serve written notice
upon any property owner or association, setting forth the manner in
which such property owner or association has failed to maintain the
common open space and demanding maintenance deficiencies be corrected
within 30 days. If the deficiencies to be originally set forth or
subsequently modified are not corrected within 30 days, the Town may
enter upon such common open space and correct maintenance deficiencies.
The cost of such maintenance shall be assessed ratable against the
properties within the development that have the right to use the area
and shall become a tax lien on said properties. The Town shall file
notice of any liens in the office of the Town Administrator.
[Amended 11-10-2016 by Res. No. 2016-05]
The use of properly planted and maintained buffer
areas may reduce and ease potential incompatibility between and among
different uses of land in proximity to each other.
A.
Requirements. Where this chapter requires a landscaped
buffer area, the following requirements shall be met:
(1)
The landscaped buffer area shall not be less than
eight feet in width measured at right angles to property lines and
shall be established along the entire length of and contiguous to
the designated property line or lines.
(2)
The area shall be so designed, planted and maintained
as to be 75% or more opaque between two and six feet above average
ground level when viewed horizontally.
(3)
Types and number of plantings for landscaped buffers
shall be submitted with application for a building permit or special
exception, along with plans and statements demonstrating how the buffer
will be maintained in the future.
(4)
Plantings shall be of a size and type which will ensure
the meeting of the seventy-five-percent opacity requirement within
no longer than 12 months of the date of the first planting.
(5)
Failure to maintain the landscaped buffer area as
set out above shall be a violation of this chapter.
B.
Substitution for landscaped buffer area. Except when
otherwise specifically provided by this chapter, a six-foot-high opaque
structure set in a six-foot-wide landscaped buffer area may be substituted
for the six-foot-high planted buffer above. If such opaque structure
is of nonliving materials, for each 10 feet thereof, an average of
one shrub or vine shall be planted abutting such barrier but need
not be spaced 10 feet apart. Such shrubs or vines shall be planted
along the outside of such barrier unless they are of sufficient height
at the time of planting to be readily visible over the top of such
barrier. The remainder of the required landscaped areas shall be landscaped
with grass, ground cover or other landscaping.
C.
Sight distance. When an accessway intersects a public right-of-way, all landscaping shall provide unobstructed visibility at a level between 2 1/2 feet and 10 feet, as provided in § 525-36. No structure of landscaping except required grass or ground cover shall be located closer than three feet from the edge of any access.
No person shall construct, install or enlarge
a residential swimming pool not enclosed in a permanent building in
the Town except in accordance with the following regulations:
A.
Definition. "Swimming pool" means any depression in
the ground, either temporary or permanent, or a container of water,
either temporary or permanent and either above or below the ground,
in which water more than 18 inches deep is contained and which is
used primarily for the purpose of bathing or swimming.
B.
Permit.
(1)
Required. No person shall construct, install, enlarge
or alter any private swimming pool unless a permit therefor has been
first obtained from the Building Inspector.
(2)
Application. Application shall be on forms provided
by the Building Inspector and shall be accompanied by plans drawn
to scale showing the following:
(a)
Location of pool on lot, distance from lot lines
and distance from structure.
(b)
Location of any septic tank, filter bed and
sewer and water lines.
(c)
Pool dimensions and volume of water in gallons.
(d)
Location of proposed fence, and type, size and
gate location.
(e)
Existing overhead wiring relative to proposed
pool.
(f)
Underground utilities.
(3)
Fees. All fees shall be established by resolution
of the Town Board.
C.
Construction requirements.
(1)
No pool shall be located, erected, constructed or
maintained closer to any side or rear lot line than allowed by this
chapter for permitted accessory building uses, and the waterline of
any pool shall not be less than 10 feet from any lot line or building.
(2)
No connection shall be made to the sanitary sewer
or septic system.
(3)
Where topography requires, a permanent wall of concrete,
masonry or material approved by the Building Inspector shall be constructed
to prevent ground and fill from spilling onto adjoining property.
(4)
Gaseous chlorination systems shall not be used for
disinfecting pool waters.
(5)
No aboveground pool shall be less than 15 feet from
any septic system.
D.
Fences.
(1)
All in-ground swimming pools not enclosed within a permanent building
shall be completely enclosed by a fence of sufficient strength to
prevent access to the pool, not less than four feet in height and
so constructed as not to have void, holes or openings more than four
inches in one dimension. Gates or doors shall be constructed so as
to be capable of being locked and shall be closed and secured so as
to prevent unlatching by persons outside the pool at all times when
the pool is not in actual use.
[Amended 12-17-2013 by Ord. No. 2013-02; 3-20-2018 by Ord. No. 2018-02]
(a)
A pool dome or pool-top fencing attached to the pool to extend
not less than four feet in height or a pool cover capable of supporting
100 pounds per square foot of cover area are acceptable substitutes
for fencing. The pool cover shall be secured at all times when the
pool is not in actual use.
E.
Utility sheds and other outbuildings shall not be
located closer than five feet to pool area.
[Amended 8-17-2010 by Ord. No. 2010-03]
[Added 8-17-2010 by Ord. No. 2010-03]
A.
Intent. It is the intent of this section to permit home occupations
in any General Agricultural, Two-Family Residential and Single-Family
Residential Zoning District, provided that such use conforms to the
standards and conditions set forth in this section. In general, a
home occupation is an accessory use so located and conducted that
the average neighbor would not be aware of said use other than for
signage as herein permitted. The standards and conditions for home
occupations in this section are intended to ensure compatibility with
other permitted uses and with the residential character of the neighborhood.
B.
Definition. "Home occupation" means any business, profession, trade
or employment conducted in a person's residential dwelling which may
involve that person's immediate family and/or household who reside
in that residential dwelling.
C.
Standards for home occupations.
(1)
The home occupation shall be clearly incidental to the residential
use of the building and parcel and shall not change the essential
residential character of the dwelling and parcel.
(2)
The home occupation shall not be detrimental to the public health,
safety and welfare.
(3)
No chemical, mechanical or electrical equipment that is not normally
a part of domestic or household equipment shall be used in connection
with the home occupation, and no machinery or equipment shall be used
in connection with the home occupation that causes noise or other
interference in radio or television reception.
(4)
No home occupation shall create smoke, odor, glare, noise, dust,
vibration, fire hazard or any other nuisance not normally associated
with the average residential use in the district.
(5)
In no case shall the public have physical access to the home occupation
from 10:00 p.m. to 7:00 a.m.
(6)
Home occupations shall not be allowed in accessory buildings or structures,
and no more than 25% of the principal structure (residence and principal
attached or detached garage) shall be used to conduct the home occupation.
(7)
The principal person conducting the home occupation must reside at
the location of the home occupation. The home occupation can only
be performed by members of the immediate family; thus there is no
outside employment of individuals.
(8)
No traffic shall be generated by a home occupation in greater volumes
than would normally be expected in a residential neighborhood, and
any need for parking generated by the conduct of such home occupation
shall be met off the street and other than in the required front yard.
(9)
There shall be no exterior storage of equipment, materials, merchandise,
or inventory used for the home occupation, and there shall be no more
than two vehicles so marked for the home occupation not contained
in a structure at any time.
(10)
Deliveries accepted shall be by United States mail, United Parcel
Service (UPS), Federal Express or other similar mail carrier. Semi-truck
deliveries shall not be accepted.
D.
Permitted home occupations.
(1)
The following are hereby declared to be home occupations as intended
by this section:
(a)
Artists, sculptors, photographers, arts and crafts.
(b)
Bookkeeping, accountant or tax preparer.
(c)
Classes of instruction in areas such as music and dance, provided
that no more than eight students are on the premises at any one time.
(d)
Child or adult care with eight or fewer children or adults.
(e)
Dressmaker or seamstress.
(f)
Hair dresser or pet groomer, provided that no more than two
patrons are on the premises at any one time.
(g)
Manicure/pedicure, provided that no more than two patrons are
on the premises at any one time.
(h)
Office facilities of a salesperson, sales representative, or
manufacturer representative, provided that no retail or wholesale
transactions are made in person on the premises.
(i)
Office facilities of an architect, writer, attorney, broker,
financial consultant, engineer, insurance agent, medical professional,
interior designer, land surveyor, marketing analyst, transcriber,
word processor or real estate sales.
(j)
Office facilities of a minister, rabbi, priest or other clergy.
(k)
Office facilities to repair electronic, computer and communication
equipment.
(l)
Telephone, telemarketing, internet or mail order.
(m)
Sales and distribution of products manufactured on or off the
premises where the marketing of said products is through home-oriented
sales on an appointment-only basis.
(2)
It is recognized that it is neither possible nor practicable to list
all of the home occupations that are compatible with those listed,
and therefore it is intended that the aforementioned list of home
occupations be illustrative only. Any individual aggrieved by a failure
to list a particular home occupation in this section shall have the
right to file a petition with the Zoning Administrator for a determination
as to the similarity of the intended home occupation with the home
occupations listed.
E.
Prohibited home occupations.
(1)
The following are hereby declared to be prohibited home occupations: any permitted use or special exception use as identified in Local Commercial, Planned Commercial or Industrial Zoning Districts except for uses identified in Subsection D as a permitted home occupation.
(2)
All other uses shall be declared prohibited and will only be permitted with an approved special exception permit as granted through the special exception permit process as identified in Article XIII of this chapter. Special exception permits, once granted, may be revoked by the Town Board for cause after notice and a hearing.
F.
Signs. One sign shall be allowed not exceeding three square feet
in area, nonilluminated and mounted flat against the wall of the principal
building.
