All yards, open space, off-street parking and required landscaping
must be contained within the zone in which the use is permitted.
[Amended 2-26-2003 by L.L. No. 5-2003]
A.
In any residential district, no lot may be used or occupied and no
structure may be erected, maintained or used for the raising or harboring
of horses, pigeons, swine, goats, rabbits, cows, poultry, bees, foxes,
mink, skunk or other fur-bearing animals unless the lot is five or
more acres in size.[1]
B.
Notwithstanding the foregoing, nothing herein contained shall prohibit
the raising or harboring of domestic animals or poultry on any farm
within the Town of Ogden.
C.
Common household pets are exempt from these provisions.
No storage of any flammable liquid or gas in quantities exceeding
the requirements of the New York State Fire Code shall be allowed
except with the prior approval of the Fire Inspector and in conformance
with the requirements of the New York State Uniform Fire Prevention
and Building Code.
A.
No ornament, wall, fence, shrub or tree shall be located on any corner
lot in any district which obstructs or interferes with traffic visibility
at any street intersection.
B.
No obstruction to view in excess of three feet in height, measured
perpendicularly from the street grade, shall be maintained on the
premises in the angle formed by the intersecting streets and main
structure thereon so as to interfere with the view of traffic approaching
the intersection within the distance of 75 feet measured along the
center line of each street from the intersection of such center line.
Signs erected in any district must meet the requirements of Chapter 224, Signs.
A.
Provisions applicable to all districts.
(1)
All fences erected in the Town of Ogden require a permit from the
Building Inspector.
(2)
Proposed fences which do not meet the requirements established in
this section must receive a variance from the Zoning Board of Appeals
before they are installed. Before granting a variance, the Zoning
Board of Appeals shall consider, among other factors:
(3)
In no case shall barbed wire, spikes, chipped glass, electricity
or similar materials or devices be used in conjunction with or as
part of any fence, except that fencing located on farms may be electrified
or constructed of barbed wire.
(4)
All fences must be erected within the property lines of the lot on
which the fence is being installed, and no fences shall be erected
so as to encroach upon public rights-of-way or easements.
(5)
All fences shall have their most pleasant or decorative side facing
away from the lot upon which the fence is being installed. All posts
and supports shall face towards the lot upon which the fence is being
installed unless such posts or supports are an integral part of the
decorative design of the fence.
(6)
Fencing on corner lots may not be more than three feet high on the two sides of the lot which front on thoroughfares and may only be constructed if it will not limit or obstruct the clear line of vision of motorists entering or leaving the intersection. See § 300-48, Visibility at intersections.
(7)
All fences installed pursuant to this chapter shall be kept in good
repair, shall not present any unsafe conditions and shall be kept
free from refuse and debris. The owner, tenant and their agent, if
any, shall be jointly and severally responsible for all fencing on
the property.
(8)
Height.
(a)
Except as otherwise provided in this chapter for specific uses, fences shall not exceed three feet in height in front yards, nor shall they exceed four feet in height in side and rear yards. Notwithstanding the foregoing provisions, fences around blasting areas shall comply with Chapter 103, Blasting, and fences around junkyards shall comply with Chapter 166, Junkyards.[1]
(b)
If all adjoining property owners agree, fences may exceed four
feet in height when located between a residential district and any
commercial or industrial use, provided that such fence shall not exceed
eight feet in height, after review and approval by the Zoning Board
of Appeals.
B.
Special conditions for fences in residential districts.
(1)
Any fence in a residential district shall be of open and permanent
construction, such as ornamental iron, picket (iron or wood) or hedge.
The minimum separation between solid elements of man-made fences shall
be no less than 1 1/2 inches. Excluded from these provisions
are snow fences installed on a seasonal basis.
(3)
Any and all materials, tree stumps, logs, yard waste or debris of
any kind stored, deposited or maintained along a property line at
a height or condition that contradicts the separation of solid elements
or the height requirements of this section shall be considered a violation
of this section.
C.
Notwithstanding the foregoing, a privacy fence, not to exceed six
feet (as measured from grade) in height, of open construction and
not to exceed a total length of 64 feet, may be erected with a building
permit issued by the Building Department. Said privacy fence must
be located to the rear of the front line setback and not nearer to
a side line or rear line than the required principal structure setback
for the zone, but in no event shall be less than 10 feet from any
side line or rear line. Maximum length for any given run without a
minimum turn of 45° shall be 32 feet. A closed-construction fence
of a six-foot high maximum may be allowed without Zoning Board approval
as long as said fence does not extend past the side plane of the principal
building and does not extend further than 10 feet from the rear of
the principal building.
[Added 2-26-2003 by L.L.
No. 5-2003[3]]
The grading of residential lots shall conform to the following
criteria:
A.
The final or finish grade of a lot at the front foundation wall of
the dwelling shall be a minimum of 15 inches above the elevation of
the center line of the abutting street pavement. The Planning Board
may modify this requirement provided that unusual circumstances that
allow for positive drainage create a reasonable need.
[Amended 8-11-1999 by L.L. No. 10-1999]
B.
Front and rear yards shall be finish-graded so that surface water
will drain away from the foundation walls on a minimum slope of 2%.
C.
The final or finish grade of lot shall be completed in a manner such
that surface water runoff will not create a nuisance or hazard to
abutting property.
D.
An access driveway from an abutting street shall be located, designed
and constructed so as to prevent the movement of surface water runoff
from the highway right-of-way onto the driveway and lot.
A.
Purpose. It is the purpose and intent of this section to:
(1)
Encourage the landscaping of developments and to dissuade the unnecessary
clearing and disturbing of land so as to preserve the natural and
existing growth of flora and to replace removed flora or plant new
flora indigenous to the region.
(2)
Establish provisions which will help buffer incompatible uses from
each other and provide transition zones between different types of
uses.
(3)
Reduce the effects of wind and air turbulence, heat and noise and
the glare of automobile lights.
(4)
Provide unpaved areas for the absorption of surface waters.
(5)
Prevent soil erosion and provide shade.
(6)
Conserve and stabilize property values and to otherwise facilitate
the creation of an attractive and harmonious community.
(7)
Relieve the barren appearance of parking areas.
(8)
Generally preserve a healthful and pleasant environment for Town
residents and visitors alike.
B.
Landscaping requirements for Multifamily Residential, Restricted
Business, Commercial, Industrial and Senior Citizen Districts.
[Amended 12-22-2004 by L.L. No. 5-2004[1]]
(1)
A complete plan and schedule of existing and proposed landscaping
shall be included with any site plan and/or special use permit application
in a commercial or industrial district. This plan and schedule, which
shall be approved by the Planning Board, should detail the number,
location, size and name of each plant species.
(2)
For parking areas designed for more than 10 cars, a minimum of 5%
of the interior of the parking area shall be devoted to landscaping.
The arrangement and location of the landscaped area shall be dispensed
throughout the parking areas so as to prevent unsightliness and monotony
of parking cars.
(3)
Landscape treatments shall be designed as an integral part of the
entire development.
(4)
The primary emphasis of the landscape treatment shall be on trees,
and efforts shall be made to preserve preexisting trees whenever possible.
(5)
All trees planted shall have a minimum caliper of 2 1/2 inches,
measured six inches above the ground.
(6)
Trees and shrubs included in the landscape design shall be healthy,
adaptable to this climate and of such size and species to accomplish
the landscape design intended.
(7)
Plastic or other types of artificial plantings or vegetation shall
not be permitted.
(8)
All landscape material located within the sight distance triangle
shall be three feet or less in height or have a clearance of at least
eight feet beneath the branch or projection on corners and intersections.
(9)
No permanent impervious surfacing shall be located around the base
of any tree or shrub which may impede the growth of the tree or shrub.
(10)
All shrubs and trees shall be protected from possible damage
inflicted by vehicles using the parking area or access drives by means
of a raised curb placed at the edge of the pavement or other methods
as approved by the Planning Board.
(11)
Unique natural areas and open spaces such as streams, ponds,
marshes, steeply sloped areas and woodlands shall be preserved whenever
possible.
(12)
All plantings shown on an approved site plan or special use
permit application shall be maintained in a vigorous growing condition,
and plants not so maintained shall be replaced with new plants at
the beginning of the next growing season. The owner, tenant and their
agent, if any, shall be jointly and severally responsible for the
maintenance of all landscaping, which shall be maintained in good
condition, so as to present a healthy, neat and orderly appearance
and shall be kept free from refuse and debris.[2]
(13)
Landscaping shall be installed according to the plan which is
approved as described above. Installation shall be completed within
six months of the related building's occupancy.
(15)
The developer or owner shall provide a performance bond and
warranty of work and materials as described in the Ogden Design Criteria
and Construction Specifications for Land Development for all landscaping
improvements indicated on the approved site plan or in the special
use permit application in an amount to be determined by the Town Engineer.[4]
C.
Buffering requirements.
(1)
A minimum buffer area of 10 feet in width shall be provided along
the boundary lines between any residential district and any commercial,
light industrial or multiple-family districts. The buffer areas shall
consist of berms and/or screen plantings. The Planning Board, at its
discretion, may increase the width and vary the design of the buffer
areas.
[Amended 6-28-2000 by L.L. No. 7-2000]
(2)
Buffer areas are required in addition to the yard and setback requirements
of the district.
(4)
Buffers, berms and screen plantings shall be maintained by the owner
of the property.
(5)
Where one property is developed along its boundary and the other
is not, the provisions of the buffer area will be the responsibility
of the latter property owner when the property is developed.
(6)
Fencing of approved location, height, design and material may be
used for part of the required buffer area.
(7)
Where existing topography and/or landscaping provides adequate screening,
the Planning Board may modify the planting and/or buffer area requirements.
(8)
Buffer areas shall not infringe on any public rights-of-way or easements.
(9)
All landscape material in a buffer area located within a sight distance
triangle shall be three feet or less in height or have a clearance
of at least eight feet beneath the branch or projection on corners
and intersections.
A.
No structure shall be built within 50 feet of the bed of a stream carrying water on an average of six months of the year or on land subject to periodic overflow without meeting the requirements of Chapter 144, Flood Damage Prevention.
B.
No persons, firm or corporation shall strip, excavate or otherwise
remove topsoil for sale or other use other than on the premises from
which taken, except in connection with the construction or alteration
of a building on such premises and excavating or grading incidental
thereto, except as hereinafter specified.
C.
Commencement of construction. No site preparation or construction
shall be commenced until final subdivision approval has been granted
by the Planning Board and the subdivision map has been filed in the
Monroe County Clerk's office or site plan approval has been granted
by the Planning Board and all conditions of said approval have been
met by the developer. In special circumstances, the Planning Board
may grant approval for site preparation in advance of final approval
if the developer applies to the Planning Board for permission and
establishes good and sufficient reasons for so starting and furnishes
adequate surety for performance of the work.
D.
Movement of earth not to extend beyond property lines. No movement
of earth or erosion shall be permitted at any time in any district,
which adversely affects conditions beyond developable property lines.
A.
Intent. The regulations of this section dealing with home occupations
are designed to protect and maintain the character of residential
neighborhoods while recognizing that certain professional and limited
business activities have traditionally been carried on in the home.
It is also recognized that strict conformance to these standards,
in some areas, may not be necessary; therefore, modification is allowed
in certain zoning districts subject to applicable review procedures.
This section recognizes that, when properly limited and regulated,
such activities can take place in a residential structure without
changing the character of either the neighborhood or the structure.
B.
HOME OCCUPATION
Definition. As used in this section, the following terms shall have
the meanings indicated:
A home occupation is a business, profession, occupation or
trade conducted for gain or support entirely within a residential
building or a structure accessory thereto, which:
C.
Conditions for approval. The Zoning Board of Appeals may, upon application
and a public hearing thereon, permit a home occupation in any residential
district subject to the applicant's ability to provide reasonable
evidence that all of the following conditions will be met. Home occupations
shall be limited to one per single dwelling.
(1)
The occupation will be conducted entirely within a dwelling or existing
accessory structure.
(2)
The occupation is clearly incidental and secondary to the principal
use of the dwelling.
(3)
The establishment and conduct of a home occupation shall not change
the principal character of use of the dwelling unit involved.
(5)
Not more than 25% of the floor area of one story of the dwelling
is devoted to such home occupation.
(6)
No stock-in-trade is kept or commodities sold, other than incidental
supplies necessary for and consumed in the conduct of such home occupation.
(7)
No storage or display of materials, goods, supplies or equipment
related to the operation of a home occupation shall be visible from
the outside of any structure located on the premises.
(8)
No mechanical equipment is used except such as may be used for domestic
or household purposes (or as deemed similar to power and type).
(9)
Such occupation shall not require internal or external alteration
or invoke construction features not customarily in a dwelling.
(10)
The use shall not generate noise, vibration, glare, fumes, odors
or electrical interference beyond what normally occurs in the applicable
zoning district.
(11)
No traffic shall be generated by such 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 a required front yard.
(12)
The home occupation shall not involve the use of advertising
signs. Only one nonilluminated nameplate not to exceed one foot by
two feet shall be allowed. It may display the name of the occupant
and/or the name of the home occupation.
D.
Procedures.
(1)
Application. Application for a home occupation permit shall be made
to the Zoning Board of Appeals on a form provided by the Town Building
Department and shall be accompanied by a filing fee as set by the
Town Board.
(2)
Board of Appeals review and public hearing. After a duly scheduled
public hearing, the Board of Appeals may issue a home occupation permit.
Notices of the public hearing shall be mailed by the Secretary of
the Board of Appeals to owners of property within 200 feet of the
property line.[2]
(3)
Voiding of permit. The Board of Appeals may void any home occupation
permit for noncompliance with the conditions set forth in approving
the permit, after 30 days' notice.
E.
Customary home occupations. Customary home occupations include, but are not limited to, the following list, subject to the requirements of Subsections B, C and D of this section:
[Amended 1-24-2001 by L.L. No. 5-2001[3]]
(1)
Providing instruction to not more than two students at a time, except
for occasional groups.
(2)
Day-care homes.
(3)
Office facilities for accountants, architects, brokers, engineers,
lawyers, insurance agents, realtors and members of similar professions.
(4)
Office of a doctor or a dentist.
(5)
Office facilities for clergy.
(6)
Office facilities for salesmen, sales representatives and manufacturers'
representatives when no retail or wholesale sales are made or transacted
on the premises.
(7)
Studio of an artist, photographer, craftsman, writer, composer or
similar person.
(8)
Service by a hair stylist, dressmaker, tailor or similar person.
(9)
Homebound employment of a physically, mentally or emotionally handicapped
person who is unable to work away from home by reason of a disability.
F.
Prohibited home occupations. Customary home occupations shall not,
in any event, be deemed to include:[4]
(1)
Nursing homes.
(2)
Funeral homes, mortuaries and embalming establishments.
(3)
Restaurants.
(4)
Stables, kennels or veterinary hospitals (except in the RA District).
(5)
Tourist homes, other than bed-and-breakfast inns.
(6)
Clinics or hospitals.
(7)
Private clubs.
(8)
Automobile repair or paint shops.
A.
Certain uses are allowed as temporary uses for such limited periods
of time and within such other restrictions as are established in this
chapter. Application for a temporary use permit shall be made to the
Zoning Board of Appeals on a form provided by the Town Building Department
and shall be accompanied by a filing fee as set by the Town Board.
B.
During the course of review of an inquiry or complaint, the Zoning
Board of Appeals may deny an application or impose conditions related
to the operation of such temporary use, including, but not limited
to, the following:
(1)
The location and the extent of the property already devoted to or
proposed to be devoted to such activity.
(2)
The dates and the hours when such activity is to be occurring.
(3)
The location of access to the site and the number and location of
parking spaces which are existing or which are to be established on
a temporary basis.
(4)
The number, type and location of trash receptacles which are in use
or to be placed, if any.
C.
Permitted temporary uses shall include, but not be limited to, the
following:
(2)
Seasonal sale of plants or farm produce.
(3)
Christmas tree sales.
(4)
Mobile homes as contractor's offices, provided that:
(5)
Model homes used for office purposes associated with sales or leases,
provided that such use is limited to the active period of construction
of dwellings.
(6)
Carnivals or circuses on other than residentially zoned property
or on residentially zoned property which is owned by a not-for-profit
group or organization, provided that such activity is limited to a
period of time which does not exceed 10 days.
(7)
Other uses found to be temporary in nature by the Zoning Board of
Appeals.
[Added 11-12-2008 by L.L.
No. 10-2008; amended 7-13-2022 by L.L. No. 2-2022]
A.
Existing outdoor furnaces/boilers.
(1)
Intent. The use of outdoor wood furnaces creates noxious and hazardous
smoke, soot, fumes, odors and air pollution, can be detrimental to
citizens' health and can deprive neighboring residents of the
enjoyment of their property or premises. Therefore, it is the intention
of the Town to prohibit the construction and operation of outdoor
wood furnaces within the limits of the Town for the purposes of securing
and promoting the public health, comfort, convenience, safety, welfare
and prosperity of the people of the Town of Ogden.
(2)
OUTDOOR WOOD FURNACE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any equipment, device, appliance or apparatus of freestanding
wood, coal or biofuel-fired outside furnaces and boilers, or any part
thereof, which is installed, affixed or situated outdoors for the
primary purpose of combustion of fuel to produce heat or energy used
as a component of a heating system providing heat for any interior
space or water source. An outdoor wood furnace may also be referred
to as an "outdoor wood boiler" or "outdoor wood hydronic heater."
(3)
Outdoor wood furnaces prohibited. No person shall install, use or
maintain an outdoor wood furnace in the Town of Ogden.
(4)
Nonconforming uses.
(a)
Any outdoor wood furnace that is lawfully existing on the effective
date of this section will be considered a nonconforming use. Such
nonconforming use shall be discontinued, and any outdoor wood furnace
shall be removed from the premises within seven years of the effective
date of this section or the nonconformance shall be deemed to have
continued in violation of this section. Such period shall be known
as the amortization period. The person operating such outdoor wood
furnace may make an application to the Town Board within six months
of the effective date of this section establishing that, due to specific
circumstances, such amortization period is unreasonable and will result
in a substantial loss of investment. The Town Board may, after consideration
of such application and any evidence provided, grant a reasonable
extension of the amortization period. Relevant factors for consideration
will include:
(b)
The transfer of ownership of the real property containing the
nonconformance during the amortization period will immediately terminate
such amortization period and result in the immediate removal of the
nonconforming use.
B.
Regulation of installation and use of DEC-certified, and regulated
outdoor wood boilers.
(1)
Intent. It is the intent of this subsection to permit and regulate
the use of outdoor wood boilers that are manufactured, sold and certified
to be in strict compliance with all New York State Department of Environmental
Conservation and New York State Building Code requirements, as well
as to provide for the periodic inspection of such units and the allowed
fuels to insure, to the greatest extent possible, the use of such
units without impacting the surrounding community.
(2)
APPROVED FUELS
(a)
(b)
(c)
(d)
(e)
(f)
CERTIFICATE OF COMPLIANCE
CONDITIONAL USE PERMIT
OUTDOOR WOOD BOILER
PERMIT
PROHIBITED FUELS
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Seasoned clean wood;
Wood pellets made from clean wood;
Heating oil in compliance with DEC regulations, L.P. gas or
natural gas may be used as starter fuels for dual fuel-fired outdoor
wood boilers;
Nonglossy, noncolored papers, including newspaper, may be used
only to start an outdoor wood boiler; and
Such other fuels approved by the DEC per the certification requirements
of its regulations, as amended from time to time.
Only those approved fuels as recommended by the manufacturer.
A certificate issued by the Code Enforcement Officer certifying
that such outdoor wood boilers has been installed and tested, and
is in compliance with this subsection as of the date of issuance of
such certificate.
A permit issued by the Town of Ogden Zoning Board of Appeals, pursuant to Article XI of the Zoning Code of the Town of Ogden, containing such conditions as such Board shall determine, including revocation in the event of noncompliance with the provisions of this subsection.
New outdoor wood boilers that shall bear a manufacturers
permanent tag certifying that the outdoor wood boilers, as manufactured
and sold for use in New York state, are manufactured in compliance
and New York State Building Code requirements and New York State Department
of Environmental Conservation (DEC) regulations.
That building permit issued by the Code Enforcement Officer
of the Town of Ogden allowing for the installation of the outdoor
wood boilers in compliance with the provisions of this subsection.
Wood that does not meet the definition of clean wood;
Unseasoned wood;
Garbage;
Tires;
Yard waste, including lawn clippings;
Materials containing plastic;
Materials containing rubber;
Waste petroleum products;
Paints or paint thinners;
Household or laboratory chemicals;
Coal;
Paper except as allowed pursuant to "approved fuels" above;
Construction and demolition debris;
Plywood;
Particle board;
Fiberboard;
Oriented strand board;
Manure;
Animal carcasses;
Asphalt products;
Salt water driftwood; or
Any other fuel that is not recognized as an approved fuel pursuant
to DEC regulations, as amended from time to time.
(3)
Permits required. No outdoor wood boilers shall be operated within
the Town of Ogden unless it shall have been issued a building permit,
conditional use permit and a certificate of compliance for the same.
Applications for all required permits shall be on forms for the same,
as developed from time to time, by the Code Enforcement Officer of
the Town of Ogden.
(4)
Dimensional requirements.
(a)
An outdoor wood boiler may only be installed on a tax parcel
of at least three acres in size, and having a minimum tax parcel width
of at least 300 feet, and a minimum tax parcel depth of at least 400
feet.
(b)
An outdoor wood boiler must be installed at least 150 feet from
all side and rear property lines, or at such greater setbacks as may
be recommended by the outdoor wood boiler manufacturer, or as may
be conditioned by the Zoning Board of Appeals upon the issuance of
any conditional use permit.
(c)
An outdoor wood boiler shall be equipped and installed with
a permanent stack installed to the manufacturer's specifications,
New York state regulations and the Town of Ogden Code requirements.
(d)
An outdoor wood boiler may only be installed upon a tax parcel
as an appliance to service the principal permitted structure, and
shall be only installed in the rear yard of the tax parcel.
(5)
Compliance required. Any outdoor wood boiler installed in accordance
with this subsection shall at all times be operated in conformance
with the requirements of Part 6 of the Codes Rules and Regulations
of the State of New York, including but not limited to §§ 247.3
through 247.4, and 247.5 through 247.9 as adopted and amended from
time to time.
(6)
Fuels. Only approved fuels may be burned in any outdoor wood boiler.
Seasoned clean wood shall be covered so as to prevent it being burned
in a wet or moist condition. Burning of prohibited fuels shall be
reason for immediate suspension of any conditional use permit and/or
certificate of compliance previously issued with respect to such outdoor
wood boiler.
(7)
Preexisting outdoor wood boiler.
(a)
All existing outdoor wood boiler within the Town of Ogden, as regulated pursuant to Subsection A shall be considered as a preexisting nonconforming structure and use, and may continue to be used, provided that only approved fuels shall be used from and after the date of enactment of this section.
(b)
That such preexisting nonconforming structure and use shall
cease and terminate upon either (a) the removal of the outdoor wood
boiler by the owner, or (b) the violation of the prohibited emissions
standards of this section.
(c)
In order to continue the use of an existing outdoor wood boiler
from and after the date of enactment of this section, the owner of
the tax parcel upon which the existing outdoor wood boiler is installed
shall;
[1]
Have the existing outdoor wood boiler inspected by the Town
Code Enforcement Officer.
[2]
Not later than December 31, 2022 apply for a certificate of
nonconformity.
[3]
Execute an acknowledgement that the owner will thereafter burn
only approved fuels, and will operate such outdoor wood boiler at
all times in compliance with the emission standards established herein.
(8)
Prohibited emissions standards.
(a)
No person shall cause or allow emissions of air contaminants
from an outdoor wood boiler to the outdoor atmosphere of a quantity,
characteristic or duration which is injurious to human, plant or animal
life or to property, or which unreasonably interferes with the comfortable
enjoyment of life or property. This prohibition applies, but is not
limited to, the following conditions:
(b)
The prohibition further applies to any particulate, fume, gas,
mist, odor, smoke, vapor, toxic or deleterious emission, either alone
or in combination with others, emitted from an outdoor wood boiler
that result in the conditions or circumstances listed in this subsection
notwithstanding the existence of specific air quality standards or
emission limits.
(9)
Authority. This section is adopted pursuant to the authority of Article
2, § 10, of the New York State Municipal Home Rule Law.
(10)
Supersession of inconsistent laws, if any. The Town Board hereby
declares its legislative intent to supersede any provision of any
local law, rule or regulation or provision of the law inconsistent
with this section. The provisions of law intended to be superseded
include all the Town Law and any other provision of law that the Town
may supersede pursuant to the Municipal Home Rule Law and the Constitution
of the State of New York. The courts are directed to take notice of
this legislative intent and apply it in the event the Town has failed
to specify any provision of law that may require supersession. The
Town Board hereby declares that it would have enacted this section
and superseded such inconsistent provision had it been apparent.
(11)
When effective. This section shall take effect immediately.
[Added 9-13-2017 by L.L.
No. 6-2017]
A.
Opening protection. Openings from a private garage directly into
a room used for sleeping purposes shall not be permitted. Other openings
between the garage and residence shall be equipped with 3/4 hour fire-protection-rated
assemblies equipped with self-closing devices.
(1)
Duct penetration. Ducts in the garage and ducts penetrating the walls
or ceilings separating the dwelling from the garage shall be constructed
of a minimum No. 26 gage (0.48 mm) sheet steel or other approved material
and shall have no openings into the garage.
B.
Separation required. The garage shall be separated from the residence and its attic area by horizontal or vertical separations conforming to Subsection B(1) and (2).
(1)
Vertical separations.
(a)
Where partitions are used to separate an attached garage from
a living space or its attic, the partition assembly shall have a 3/4
hour fire-resistance rating.
(b)
Exception. In lieu of providing partitions that have a 3/4 hour
fire-resistance rating, one layer of 5/8 inch thick, type-X gypsum
board may be installed on the garage side and one layer of 1/2 inch,
type X gypsum board may be installed on the opposite side. Application
shall be in accordance with Section R702.3 of the International Residential
Code (2015) (hereinafter, the "Residential Code").
(2)
Horizontal separations.
(a)
Where horizontal construction is used to separate the garage
from the living space or its attic, such construction shall be protected
with one layer of 5/8 inch thick, type X gypsum board installed in
accordance with the requirements of Section R805.I of the Residential
Code. Openings in horizontal separations shall not be permitted except
where the residence is otherwise protected by vertical separations.
(b)
Where the horizontal separation is a floor-ceiling assembly,
the structure supporting the separation shall also be protected by
not less than 5/8 inch (15.87 mm), type X gypsum board or equivalent.
C.
Floors. Garage floor surfaces shall be of approved noncombustible
material. The area of floor used for parking of automobiles or other
vehicles shall be sloped to facilitate the movement of liquids to
a drain or toward the main vehicle entry doorway.
D.
Carports.
(1)
Carports shall be open on not fewer than two sides. Carport floor
surfaces shall be of approved noncombustible material. Carports not
open on two or more sides shall be considered to be a garage and shall
comply with the provision of this section for garages.
(2)
Exception. Asphalt surfaces shall be permitted at ground level in
carports. The area of floor used for parking of automobiles or other
vehicles shall be sloped to facilitate the movement of liquids to
a drain or toward the main vehicle entry doorway.
E.
Flood hazard areas. For buildings located in flood hazard areas as
established by Table R301.2(1) of the Residential Code, garage floors
shall be:
(1)
Elevated to or above the design flood elevation as determined in
accordance with Section R322 of the Residential Code; or
(2)
Located below the design floor elevation provided that the floors
are at or above grade on not fewer than one side, are used solely
for parking, building access or storage, meet the requirements of
Section R322 and are otherwise constructed in accordance with this
code.
F.
Automatic garage door openers. Automatic garage door openers, if
provided, shall be listed and labeled in accordance with UL 325.
G.
Fire sprinklers. Private garages shall be protected by fire sprinklers
where the garage wall has been designed based on Table R302.1(2) of
the Residential Code, footnote a. Sprinklers in garages shall be connected
to an automatic sprinkler system that complies with Section P2904
of the Residential Code. Garage sprinklers shall be residential sprinklers
or quick-response sprinklers, designed to provide a density of 0.05
gpm/ft2. Garage doors shall not be considered
obstructions with respect to sprinkler placement.
