No building or land shall hereafter be used
or occupied and no building or part thereof shall be erected, moved
or altered except in conformity with the regulations herein specified
for the district in which it is located.
No building shall hereafter be erected or altered
to a greater height, to accommodate or house a greater number of families
or to have any yard or setback less in width or depth than is specified
herein for the district in which such building is located.
No part of a yard or other open space required
about any building for the purpose of complying with the provisions
of this chapter shall be included as a part of a yard or other open
space similarly required for another building.
No lot, yard, setback, parking area or other
space shall be so reduced in area, dimension or capacity as to make
said area, dimension or capacity less than the minimum required under
this chapter. If already less than the minimum required under this
chapter, said area, dimensions or capacity shall not be further reduced.
[1]No persons, firm or corporation shall strip, excavate or
otherwise remove topsoil for sale or for use other than on the premises
from which the same shall be taken, except in connection with the
construction or alteration of a building or paved parking area on
such premises and excavation or grading incidental thereof; provided,
however, that the Town Board may, by special permit, grant an application
for such stripping where it finds such will not be detrimental to
the adjoining land and building development.
A.
Existing natural features, such as trees, brooks,
drainage channels and views, shall be retained. Whenever such features
interfere with the proposed use of such property, a retention of the
maximum amount of such features consistent with the use of the property
shall be required.
[1]
Editor's Note: Original Subsection (a), regarding
building near a streambed, which immediately preceded this subsection,
was deleted 7-13-1988 by L.L. No. 2-1988.
Where a building lot has frontage on a street
which is proposed for right-of-way widening, the required front yard
area shall be measured from such proposed right-of-way line.
No front yard shall be used for the open storage
of boats, vehicles, travel trailers or any other equipment except
for vehicular parking on driveways.
Business structures or uses shall not display
goods for sale purposes or coin-operated vending machines of any type
in any location which would infringe upon the required yard areas
specified in this chapter.
All yards, open space, off-street parking and
required landscaping must be contained within the zone in which the
use is permitted.
[Amended 5-12-1993 by L.L. No. 1-1993]
Not more than one commercial vehicle with a
capacity weight not to exceed two tons shall be parked out of doors
overnight or on Sunday in conjunction with a residential property
in a residential zone. No display vehicles for commercial purposes
shall be parked in any district.
For the purpose of regulating the locations
of accessory buildings on corner lots and on lots extending through
between two parallel streets, all portions of a corner lot or a through
lot which fronts on a public street shall be subject to the front
yard requirements of the zone district in which said corner lot or
through lot is located.
When a new lot is formed so as to include within
its boundaries any part of a former lot on which there is an existing
building or use, the subdivision must be carried out in such a manner
as will not infringe upon any of the provisions of this chapter, whether
with respect to any existing structures or use or any proposed structures
or use.
The provisions of this chapter shall not apply
to customary local utility distribution or collection lines for water,
gas, telephone or electric service. All facilities, such as pumping
stations, repeater stations and electric substations, which require
a structure above grade, shall be subject to the yard requirements
of this chapter.
[Amended 7-13-1993 by L.L. No. 2-1988; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
Individual mobile homes on individual lots outside
a mobile home court[1] may be permitted in a R-A or R-1 District, provided that
such lots are in conformity with the applicable lot, yard and similar
regulations for single-family residences within the zone in which
the mobile home is located and provided that the following regulations
are met:
A.
A permit shall be applied for to the Town Board. Such
permit shall include the exact location, together with the name and
address of the owner or owners of the land at such location as appearing
on the deed to such landowners, together with the book and page where
such deed is recorded, and such other information as may be required
by the Town Board. A permit may be issued only if the applicant evidences
an intent to construct a one-family dwelling on the subject premises
and has received a building permit from the Building Safety Inspector/Zoning
Enforcement Officer. Said permit shall not be granted for more than
one year.
B.
In the event that the construction of a residence
has been substantially completed except for the issuance of a certificate
of occupancy, the Town Board may, upon good cause shown, extend the
permit on a month-to-month basis, subject to termination upon the
issuance of a certificate of occupancy for the constructed dwelling.
C.
The Town Board may, upon notice and proper hearing,
revoke or suspend any permit issued pursuant to the terms of this
section for a violation of any provisions hereof. Upon the revocation
of any such permit, the mobile home covered thereby shall forthwith
be removed from the subject premises.
