A.
No building shall be erected, moved, altered, rebuilt
or enlarged, nor shall any land or building be used, designed or arranged
to be used, for any purpose other than as specified in this chapter
for the district in which such building or land is located.
B.
In interpreting and applying this chapter, the requirements
contained herein are declared to be the minimum requirements for the
protection of the public health, morals, safety, comfort, convenience
and general welfare. Where the provisions of any other statute, bylaw,
ordinance or regulation require a greater width or size of yards or
other open spaces or a lower height of building or a fewer number
of stories or a greater percentage of lot area to be left unoccupied
or otherwise impose greater restrictions than are required by this
chapter, the provisions of such statute, bylaw, ordinance or regulation
shall govern.
[Amended 8-9-1994 by L.L. No. 1-1994]
A.
Lot for every building. Every building hereafter erected
shall be located on a lot herein as defined, and there shall be no
more than one building on one lot, except as specifically permitted
elsewhere in this chapter. If more than one lot is located on a piece
of property, each lot must meet the requirements of this chapter.
B.
Subdivision of a lot. Where a lot is hereafter formed
from the part of a lot already occupied by a building, such separation
shall be effected in such manner that each lot thus created conforms
to all of the requirements 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 Board of Appeals shall determine how
the requirements of this chapter shall be applied.
D.
Visibility at intersections. On a corner lot, no 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 street right-of-way lines and straight
line joining said street right-of-way lines at points which are 30
feet distant from the point of intersection, measured along said street
right-of-way line. The height of three feet shall be measured above
the road surface at the nearest edge of road traveled way. This subsection
shall not apply to existing trees, provided that no branches are closer
than six feet to the ground.
E.
Lots in two or more districts. Where a lot in one
ownership of record is divided by one or more district boundary lines,
the regulations for the less restricted portion of such lot shall
not extend more than 50 feet into the more restricted portion.
F.
Lots under water or subject to flooding. Not more
than 10% of the minimum area requirement of a lot may be fulfilled
by land which is under water or subject to periodic flooding. All
minimum front, side and rear yard requirements must be satisfied by
measurement on dry land. For purposes of this subsection, land which
is in a stream not exceeding 15 feet in width or 150 square feet in
area at mean water level shall not be considered as under water.
G.
New buildings on lots less than the minimum area.
A permit may be issued for the erection of a building on a lot or
parcel for which a valid conveyance has been recorded or contract
of sale has been signed and the conveyance recorded prior to the adoption
of this chapter, notwithstanding that the area of such lot or parcel
is less than that required for the district in which such parcel or
lot lies.
A.
Yard for every building. No part of a yard or other
open space provided about any building or on any lot for the purpose
of complying with the provisions of this chapter shall be included
as any part of the yard or open space for any other building or any
other lot.
B.
Obstructions in yards. No buildings or structures
or any projection from buildings or structures shall be permitted
in a required yard, except as follows:
(1)
A paved terrace shall not be considered in determination
of yard size of lot coverage; provided, however, that such terrace
is unroofed and without walls, parapets or other forms of enclosure.
Such terrace, however, may have an open guardrailing not over three
feet high and shall not project into any yard to a point closer than
five feet from any lot line.
(2)
No porches or balconies may project into any required
yard area.
(3)
Architectural features, such as windowsills, door
frames, chimneys, eaves or cantilevered roofs, may project up to three
feet into any required yard.
(4)
The yard requirements of this chapter shall not be deemed to prohibit any walls or fences if required yard areas comply with Chapter 105, Fencing of the Code of the Town of Pawling.
[Amended 2-8-2005 by L.L. No. 1-2005]
(5)
Fire escapes. Open fire escapes may extend into any
required yard not more than six feet; provided, however, that such
fire escapes shall not be closer than four feet at any point to any
lot line.
[1]
Editor's Note: See the Measuring a Yard diagram
located at the end of this chapter.
The maximum building height limitations of this
chapter shall not apply to church spires and belfries, in any case,
nor to flagpoles, domes, silos, chimneys, ventilators, skylights,
water tanks or television antennas or to similar features and such
necessary mechanical appurtenances not used for human occupancy, provided
that:
A.
Accessory buildings. If an accessory building is attached
to a main building, including attachment by means of a breezeway or
a roofed passageway, it shall comply, in all respects, to the requirements
of this chapter applicable to the main building. No accessory building
hereinafter permitted shall be constructed nearer to the front lot
line than is permitted for the main building nor nearer to any side
or rear lot line than 1/2 the distance established in the Schedule
of Bulk Regulations[1] as the minimum size of such respective side or rear yard
for the district in which it is to be constructed.
[1]
Editor's Note: The Schedule of Bulk Regulations
is included at the end of the chapter.
B.
Dwellings in accessory buildings. Any accessory building
on the same lot with a main residence building may be used for residence
purposes for employees of the owners of the main building who are
employed full-time on the premises. Such use of an accessory building
will require a special use permit approved by the Planning Board in
accordance with the supplemental requirements herein for accessory
apartments on one-family residential lots.
[Amended 8-9-1994 by L.L. No. 1-1994; 7-11-2012 by L.L. No.
2-2012 ]
C.
Guest cottages. An accessory building not containing
a kitchen, intended for the temporary housing of guests of the occupants
of a principal dwelling, is permitted. Such building is to be located
adjacent to the principal dwelling in locations as required of an
accessory building in compliance with the bulk and area requirements
of this chapter.
[Added 8-9-1994 by L.L. No. 1-1994]
D.
Tents and campers. It shall be unlawful for any person
or persons to use a tent or camper for living quarters within the
limits of the Town of Pawling.
[Amended 8-9-1994 by L.L. No. 1-1994]
A.
Industrial or commercial trailers. It shall be unlawful
for any person or persons to park or store for more than seven days
an industrial or commercial trailer in any district within the limits
of the Town, except for the necessary use on construction projects.
Such use shall require a special permit, which shall be issued for
one year or part thereof and renewed for one additional year only.
Such special permits shall be in accordance with this chapter and
the applicable sections following in this chapter.
B.
Storage of unused motor vehicles. No portion of any
lot shall be used for the outdoor storage, keeping or abandonment
of more than one unregistered, inoperative or partially dismantled
automobile. The demolition or dismantling of any motor vehicle is
not permitted in the outdoor area of any lot.
[Amended 8-9-1994 by L.L. No. 1-1994]
No building permit shall be issued for any structure
unless the lot upon which that structure is to be built has a frontage
not less than required in this chapter on a street or highway, as
defined by Town Law (§ 280-a, Article 16, Chapter 62 of
the Consolidated Laws of New York State), which street or highway
shall have been suitably improved or a bond posted therefor to the
satisfaction of the Town Board as provided in said law. Preexisting
lots are subject to the road frontage requirements as of the time
the preexisting lot was created.
[Amended 9-10-1991 by L.L. No. 5-1991; 3-3-1993 by L.L. No. 1-1993; 8-9-1994 by L.L. No. 1-1994]
B.
Other uses shall be permitted which, after a public
hearing, the Town Board finds to be of the same general character
as those listed as permitted uses in the district, provided that before
approving any such use the Town Board shall find that:
(1)
The use will not prevent the orderly and reasonable
use, in accordance with all applicable regulations prescribed by this
chapter, of adjacent properties in the district wherein the proposed
use is to be located or in adjacent districts; and
(2)
The use will be in harmony with and promote the general
purposes and intent of this chapter.
The Schedule of Bulk Regulations is located
at the end of this chapter.
