The regulations and standards set forth in this article qualify or supplement, as the case may be, the district regulations appearing in Article III and elsewhere in this chapter.
A.
Authorization. Accessory structures and uses, as defined
herein, are permitted in any zoning district in connection with any
principal use lawfully existing within such district unless otherwise
specified in Schedule B.[1]
[1]
Editor's Note: Schedule B, Use Regulations for Nonresidential Districts, is included as an attachment to this chapter.
B.
Permitted accessory uses and structures. Accessory
uses and structures include, but are not limited to, the following
list of examples:
(1)
Private garages, storage garages, parking spaces and
parking areas.
(2)
Private customer and employee garages, parking spaces
and parking lots, off-street loading spaces.
(3)
Structures for storage incidental to a permitted use,
including woodsheds, toolsheds and garden or lawn equipment storage
buildings.
(4)
Child's playhouse or tree fort.
(5)
Tennis courts, basketball courts, etc., solely for
use by residents and their guests.
(6)
Private swimming pools, bathhouses and saunas accessory
to a residential building and limited to occupants thereof and their
guests.
(7)
Patios.
(8)
Structures housing solar energy systems, heat pumps
and air-conditioning systems or elements thereof.
(9)
Home gardening.
(10)
Home occupations, subject to the requirements and standards set forth in § 264-104 of this chapter.
(11)
Outdoor
storage of no more than one boat and boat trailer, camping trailer
or recreational vehicle, provided that no part of such storage area
shall be located in a front yard, and provided that such boat, vehicle
or trailer shall not be used for living, sleeping or housekeeping
purposes.
[Added 11-9-2009 by Ord. No. 2009-12[2]]
[2]
Editor’s Note: This ordinance also redesignated former
Subsection B(11) as Subsection B(12).
(13)
Accessory home-care units in single-family dwellings. This subsection of Chapter 264 authorizes the establishment of a temporary accessory home-care unit on the same lot as an existing single-family dwelling upon issuance of a special use permit in accordance with Article XIV of this chapter.
(a)
Purpose. The purpose of permitting temporary
accessory home-care units is to:
[1]
Provide housing arrangements which meet the
needs of the elderly and/or disabled population in the community by
affording an opportunity for them to live in close proximity to those
who can help maintain their health, independence and privacy.
[2]
Preserve the character of a single-family residential
neighborhood by ensuring that temporary accessory home-care units
are installed only in conjunction with owner-occupied single-family
houses and under such additional conditions as may be appropriate.
(b)
General requirements. An application to the
Planning Commission for a special use permit for an accessory home-care
unit shall be subject to the following standards and criteria:
[1]
An accessory home-care unit may be:
[a]
Located within an existing single-dwelling
home;
[b]
Constructed as an attached permanent
addition to an existing single-dwelling home;
[c]
A temporary structure either separate
from or attached to an existing single-dwelling home; or
[d]
Located within an existing accessory
structure, such as a garage, on an existing single-dwelling lot.
[2]
Only one home-care unit shall be created per
lot.
[3]
If the accessory home-care unit is a permanent
addition or attached as a temporary structure to the single-family
home, it shall be designed so that, to the maximum extent feasible,
the exterior appearance of the building matches the principal dwelling
and must have interior access between dwelling units. (When use is
discontinued, access between units will facilitate the incorporation
of the addition into principal unit living space.) Only one front
entrance is allowed. Any additional entrances shall be located on
the rear or side of the building.
[4]
If the accessory home-care unit is a temporary
attached or detachable accessory unit or a converted accessory structure
such as a garage, it shall be designed, placed and screened to minimize
its visual impact on adjacent properties. Both detached and attached
units shall be located behind or to the side of the principal structure.
Landscaping, such as shrubs or trees, or fencing shall be installed
to screen the unit from adjacent properties as per a submitted landscaping
plan.
[5]
An accessory home-care unit must meet the bulk, space and yard requirements of the zoning district in which it will be located and/or the requirements stated in § 264-29.
[6]
At least one parking space shall be provided
for an accessory home-care unit. An applicant must demonstrate that
the site can accommodate sufficient parking for the accessory and
principal units during special use permit review.
[7]
The accessory home-care unit must be temporary.
The owner shall submit with the application a restoration plan, including
cost information detailing the work necessary to remove all apartment
features that include but are not limited to exterior structures,
kitchen facilities (cabinets, counters, stoves or refrigerators) and
plumbing. The owner shall notify the Zoning Officer, in writing, within
10 days once the additional dwelling unit is no longer needed, the
property is sold or for some other reason the applicant no longer
meets the conditions as outlined above; upon notification, the accessory
home-care unit special use permit will be terminated. The applicant
must then comply with the special use permit requirements and the
terms of the restoration plan within 90 days of the date of termination.
[8]
An applicant for an accessory home-care unit
special use permit must demonstrate to the City of Schenectady that
the existing sewer and water service is adequate to accommodate the
additional dwelling unit. The applicant will provide a plan for construction
and provide water and sewage connections approved by the City Building
Inspector, City Engineer, Water Department and Plumbing Inspector.
[9]
The owner(s) of the one-family lot upon which
the accessory unit is located shall occupy at least one of the dwelling
units on the premises.
[10]
An accessory home-care unit must
not contain more than one bedroom.
[11]
The occupant(s) of at least one
of the dwelling units shall be 55 years of age or older or unable
to live independently due to disability. For the purpose of this subsection,
"disability" is defined as a person or persons eligible to receive
social security disability benefits or, more specifically, unable
to engage in any substantial gainful activity by reasons of any medically
documented physical and mental impairment.
[12]
The relationship between the property
owner-occupant and the tenant(s) of the other unit must be one which
could be considered a traditional family relationship or the functional
equivalent thereof. Proof of this relationship should accompany the
application.
(c)
Inspections; conditions.
[1]
An accessory home-care unit will be subject
to periodic inspections prior to the initial issuance and renewal
of a permit. Permits must be renewed by the applicant on an annual
basis. Failure to renew the special use permit will result in a zoning
violation and possible prosecution.
[2]
The applicant will file the special use permit
as a deed restriction with the County Clerk's office.
(d)
Applications. An application for a special use
permit for an accessory home-care unit must be accompanied by the
following:
[1]
Site plan. The plan shall be drawn at a scale
of one inch equals 20 feet, unless the Zoning Officer determines a
different scale more appropriate, showing the following:
[a]
The applicant's entire lot.
[b]
The location and size of all structures
on the applicant's lot, including the single-family home, all accessory
buildings, driveway and parking areas, etc.
[c]
The applicant's name and address.
[d]
The proposed location, point of
entry and size of the accessory unit. If the accessory unit is attached,
provide a floor plan for the principal and accessory dwelling units,
detailing access between the units.
[e]
If an accessory unit is attached,
a floor plan of the accessory unit and principal dwelling unit showing
interior access between the dwellings.
[f]
A proposed landscaping plan to
screen the accessory unit.
[2]
Statement of need. The application for an accessory
home shall be accompanied by a written statement of need signed by
the applicant. The statement of need shall provide evidence that the
occupants of the proposed unit are seniors (at least 55 years of age)
or disabled. Verification of age (birth certificates, etc.) or disability
(physician's certification) shall be provided with the statement.
[3]
Restoration plan. The applicant must submit
a detailed restoration plan for removal of the accessory home-care
unit covering the following points:
[a]
Listing structures, exterior and
interior walls to be maintained and those to be removed.
[b]
A removal plan for all kitchen-related
facilities, to include electrical and plumbing improvements, i.e.,
sink, stove, cabinets, counters, refrigerator.
[c]
The estimated costs for each of
the above activities.
(14)
Electric vehicle charging stations.
[Added 12-14-2015 by Ord.
No. 2015-20]
C.
Prohibited accessory uses.[4]
(1)
No bus or commercial vehicle (excluding pickup trucks)
exceeding one ton in capacity and/or which has a six-wheel base shall
be parked or stored between 9:00 p.m. and 8:00 a.m. in any residential
district.
(2)
Storage garages in Residential Districts R-1, RH-1,
R-2, RH-2 and R-3.
(3)
Portable garages for the covering of a boat, automobile
or trailer between October 15 and May 15.
(4)
The raising of livestock, poultry or other objectionable
farming activities.
D.
Bulk and location regulations.
(1)
All accessory structures attached to the principal
structure or within 10 feet of a principal structure shall be considered
a part thereof, and the front, side and rear yard requirements of
the applicable district shall apply.
(3)
On all lots, the rear lot line of which is the side
lot line of an abutting lot, no accessory structure or parking space
shall be constructed or established closer than eight feet to such
rear lot line.
(4)
No accessory structure, parking space or access drive
serving a commercial use shall be constructed or established within
15 feet of a contiguous, residentially zoned property.
(5)
In all residential districts, accessory structures
may not exceed 12 feet in height.
(6)
In all nonresidential districts, no accessory structure
shall exceed the maximum height of principal buildings and structures
permitted in such district, except as may otherwise be allowed by
special permit.
A.
Single-family dwellings in the R-1 and R-2 Districts
may be increased in height by 10 feet when two side yards, each of
not less than 15 feet in width, are provided. Such dwelling shall
not exceed three stories in height.
B.
Exceptions to height regulations. The height limitations contained in Article III of this chapter do not apply to spires, belfries, cupolas, antennas, wireless communications towers (see Chapter 257), water tanks, ventilators, chimneys or other appurtenances accessory to a legal principal use and usually required to be placed above the roof level and not intended for human habitation, provided that no such appurtenance, other than a church spire or the tower of a public building, shall exceed the district height limitations by more than 25%.
C.
Height measurement on through lots. On through lots
120 feet or less in depth, the height of a building may be measured
from the grade on either street. On through lots more than 120 feet
deep, the height regulations and basis of height measurements for
the street permitting the greater height shall apply to a depth of
not more than 120 feet from that street.
A.
Rear yards abutting alleys. In computing the depth
of a rear yard where the rear yard opens onto an alley, 1/2 of the
width of the alley may be considered to be a portion of the rear yard.
B.
Projections into required yards. The following maximum
projections into required yards may be permitted:
(1)
Fire escapes: five feet into a rear or side yard.
(2)
Chimneys, flues, belt courses, leaders, sills, pilasters,
lintels, ornamental features, cornices, eaves, gutters, etc.: two
feet.
(3)
Awnings and canopies: six feet.
(4)
Bay windows and solar energy systems projecting not
more than three feet from an exterior wall for a distance not more
than 1/3 the length of such wall.
(5)
Enclosure of existing front porches with glass and
or screen.
[Amended 3-23-2009 by Ord. No. 2009-02; 9-12-2011 by Ord. No.
2011-15]
A.
Compliance with applicable laws. No fence, wall or landscaping shall
be erected or constructed, nor shall any existing fence, wall or landscaping
be altered, repaired, enlarged or relocated, except in compliance
with this article, the Zoning Chapter and other applicable laws.
B.
Standards.
|
Schedule D
Fence, Wall and Landscaping Standards
| |||
|---|---|---|---|
|
Fence Locations/Types
|
Maximum Height
(feet)
|
Maximum Percentage Opaque or Solid Fence
| |
|
Fences erected or constructed in the side yard
between residential buildings
|
6
|
70% if less than 5 feet from adjacent house;
none if at least 5 feet
| |
|
Fences in front yards
|
4
|
70% except in the C-4 District, which is exempt
| |
|
Fences on the street side-yard of corner lots,
behind the front building line
|
4
|
70%
| |
|
If placed more than 4 feet from the side yard
sidewalk
|
6
|
None
| |
|
All ornamental fences as defined in § 264-2
|
5
|
70%
| |
|
Fences on street line of rear yards
|
4
|
70%
| |
|
If placed more than 4 feet from sidewalk or
street line
|
6
|
None
| |
|
All other rear yards
|
6
|
None
| |
|
On any lot within 4 feet of any intersection
of any driveway with a City street line or ingress/egress right-of-way
|
4
|
70%
| |
|
All other fences, unless provided for elsewhere
within this chapter
|
6
|
None
| |
C.
Corner lots. Fences, walls and landscaping located on corner lots shall meet the requirements of § 264-34, Obstruction to vision at corner lots.
D.
Materials and construction. Barbed wire, chicken wire,
pallets, plywood, sheet metal, and construction fencing shall not
be used as a fencing material or as any part of a fence.
E.
Orientation. The finished or ornamental side shall
face out from the property.
The street side-yard must be a minimum of eight
feet or 10% of the lot width, whichever is greater. The RH-2 District
is exempt from this requirement.
A.
On any corner lot on which a front yard is required
by this chapter, no fence, wall or other obstruction exceeding four
feet in height above the established grade shall be grown, maintained
or erected within 20 feet of the intersection of the curblines forming
such corner.
If, at time of the adoption of this chapter,
the lots comprising 50% or more of the frontage of one side of any
street between two intersecting streets are improved with buildings,
a majority of which have observed an average front yard having a variation
in depth of not more than six feet, the front yard so established
shall apply to new buildings and alterations.
Where the side or rear yard in a nonresidential
district abuts a side or rear yard of a lot in a residential district,
there shall be provided along such abutting lot line or lines a side
or rear yard at least equal in depth to that required in the residential
district. In no case, however, shall the required abutting side or
rear yard be less than 15 feet. Further, no accessory uses or structures,
including parking areas or access drives, may be established or constructed
within 15 feet of such side and rear abutting lot line.
