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Village of Oxford, NY
Chenango County
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Table of Contents
Table of Contents
[1]
Editor's Note: The title of this article, formerly "Use Regulations," was amended 2-5-2013 by L.L. No. 1-2013.
[Added 2-5-2013 by L.L. No. 1-2013]
Any use not specifically set forth as a permitted use (as of right or upon special permit, as the context may admit) in any zoning district shall be expressly prohibited in that district. A use specifically set forth as a permitted use in one district shall not be permitted in another district unless it is specifically set forth as a permitted use in said other district.
The purpose of the residential districts is:
A. 
To delineate those areas where predominantly residential development has occurred or will be likely to occur in accordance with the Village Plan.
B. 
To improve the character of residential areas by requiring standards of land use and lot and building size which accurately reflect existing and desirable development.
C. 
To protect the integrity of residential areas by prohibiting the intermixture of incompatible nonresidential uses.
In the R-1 Residential District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
A. 
Permitted uses.
(1) 
One-family dwelling.
(2) 
Public or parochial school.
(3) 
Church, parish house, convent or rectory.
(4) 
Public park or playground.
(5) 
Customary home occupation.
(6) 
Accessory building or use, such as private garage or toolhouse.
B. 
Uses which may be permitted upon issuance of a special permit by the Board of Appeals:
[Amended 2-5-2013 by L.L. No. 1-2013]
(1) 
Public utility station or structure.
(2) 
Swimming pool.
In the R-2 Residential District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
A. 
Permitted uses.
(1) 
R-1 Residential District uses.
(2) 
Two-family dwelling.
(3) 
Three- or four-family dwelling by conversion of existing structure.
(4) 
Public library, firehouse or other public building or use.
(5) 
Customary home occupation.
(6) 
Accessory building or use.
(7) 
Medical clinic.
[Added 10-3-1991 by L.L. No. 5-1991]
(8) 
Bed-and-breakfast.
[Added 9-6-1994 by L.L. No. 3-1994]
B. 
Uses which may be permitted upon issuance of a special permit by the Board of Appeals:
[Amended 2-5-2013 by L.L. No. 1-2013]
(1) 
Public utility station or structure.
(2) 
Swimming pool.
A. 
The purpose of the RM-3 Residential Mobile Home District is to designate areas where mobile home dwellings are appropriate and compatible within the designated district and in relation to adjacent districts and land uses.
B. 
In the RM-3 Residential Mobile Home District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(1) 
Permitted uses.
(a) 
Mobile home or one-family dwelling.
(b) 
Mobile home court.
(c) 
Customary accessory use or building.
C. 
A site plan shall be submitted to the Village Board for review and approval by the Village Planning Board. Prior to initiation or expansion of any mobile home court, the site plan shall show the topography, proposed road layout and road data, mobile home sites, water service and waste disposal, public utilities, fencing and screening along the adjacent properties, names of adjacent property owners, existing trees six inches or more in diameter, a playground having a minimum area of one acre for each 25 mobile homes or fraction thereof, accessory uses, including storage facilities, and any other data necessary for consideration and approval of the plan. In addition, the applicant should show the method to be used to enclose the space from the mobile home to the ground with skirting or other suitable material.
A. 
The purpose of the PB-1 Public Buildings District is to delineate an area where educational, cultural and institutional uses, selected business services and municipal buildings and services may be adequately accommodated.
B. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Public building or library.
(2) 
Church, parish house or rectory.
(3) 
Public or parochial school.
(4) 
Institutional building or use.
(5) 
Dwellings.
(6) 
Funeral home.
(7) 
Professional or business office.
A. 
Purpose. The purpose of the C-1 Retail Commercial District is:
(1) 
To delineate an area where retail stores, personal services and offices; recreational, institutional and cultural facilities; and municipal buildings and services are provided for the community.
(2) 
To encourage new development in the Retail Commercial District by providing for public and commercial off-street parking areas for patrons of the businesses in the district.
B. 
In the C-1 Retail Commercial District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(1) 
Permitted uses.
(a) 
Public building or library.
(b) 
Institutional building or use.
(c) 
Professional or business office.
(d) 
Funeral home.
(e) 
Retail store or market.
(f) 
Personal service shop.
(g) 
Launderette.
(h) 
Restaurant or tavern.
(i) 
Office equipment or business machine sales and service.
(j) 
Club or lodge, except those the chief activity of which is a service customarily carried on as a business.
(k) 
Household appliance sales or service.
(l) 
Antique sales and accessory service.
(m) 
Public utility station or structure.
(n) 
Customary accessory uses.
(2) 
Uses which may be permitted upon issuance of a special permit by the Board of Appeals:
[Amended 2-5-2013 by L.L. No. 1-2013]
(a) 
Gasoline station.
(b) 
Dwellings.
A. 
The purpose of the C-2 General Commercial District is to delineate areas appropriate for commercial uses which are oriented either to highway use or intended for service to vehicles or nonretail commercial uses.
B. 
In the C-2 General Commercial District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(1) 
Permitted uses.
(a) 
Uses permitted in the C-1 Retail Commercial District.
(b) 
Motel, restaurant or tavern.
(c) 
Automobile, boat, farm implement, mobile home, trailer, snowmobile, motorcycle or lawn and garden equipment sales and rental.
(d) 
Garage or filling station.
(e) 
Laundry or dry cleaning plant.
(f) 
Letter press or printing shop.
(g) 
Animal hospital or kennel.
(h) 
Lumber or building supplies.
(i) 
Heating, plumbing or electrical sales and service.
(j) 
Customary accessory uses.
(2) 
Uses which may be permitted upon issuance of a special permit by the Board of Appeals:
[Amended 2-5-2013 by L.L. No. 1-2013]
(a) 
Drive-in restaurant or refreshment stand.
(b) 
Auto wash.
(c) 
Dwellings.
A. 
The purpose of the M-1 Manufacturing District is to delineate those areas best suited for industrial use because of location, transportation, topography, existing facilities and relation to other land uses and to preserve the integrity of the manufacturing areas by excluding uses which are incompatible with industry.
B. 
In the M-1 Manufacturing District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(1) 
Permitted uses.
(a) 
Uses permitted in the C-2 Commercial District.
(b) 
Manufacture of textile goods.
(c) 
Manufacture of food products.
(d) 
Machine shop, metal fabrication or welding shop.
(e) 
Other light manufacturing.
(f) 
Wholesale, storage or warehouse.
(g) 
Feed, fuel, seed or fertilizer sales or storage.
(h) 
Customary accessory building or use.
(2) 
Uses which may be permitted upon issuance of a special permit by the Board of Appeals:
[Amended 2-5-2013 by L.L. No. 1-2013]
(a) 
Auto wash.
(b) 
Truck terminal.
A. 
The purpose of the O-S Open Space District is to delineate those areas where substantial development of the land in the form of buildings or structures is restricted due to:
(1) 
Special or unusual conditions of topography, drainage, floodplain or other natural conditions.
(2) 
The lack of community facilities or public improvements, resulting in the land not being ready for development.
B. 
In the O-S Open Space District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(1) 
Permitted uses.
(a) 
Farm or nursery.
(b) 
Municipal watershed or reservoir.
(c) 
Forest practices, including management, conservation and wildlife protection.
(d) 
Park, golf course, ski area or similar recreational facility.
(e) 
Camp, cottage, one-family or seasonal dwelling.
A. 
The purpose of the F-P Floodplain District is to restrict the use of certain areas involving hazards to life and property due to flooding.
B. 
In the F-P Floodplain District, no building or premises shall be used and no building shall be erected except for the following uses:
(1) 
Permitted uses.
(a) 
Agricultural or recreational use of land.
(b) 
Public utility structure or use.
(2) 
Uses which may be permitted upon issuance of a special permit by the Board of Appeals:
[Amended 2-5-2013 by L.L. No. 1-2013]
(a) 
Commercial or industrial use involving minimum hazards to life and property.
A. 
Purpose. The purpose of the Planned Development District is:
(1) 
To provide for new residential, commercial or recreational districts in which the economies of scale and creative and innovative planning and architectural concepts and techniques may be utilized by the developer without departing from the spirit and intent of this Zoning Chapter.
(2) 
To provide for the use of those relatively extensive land areas within the community considered appropriate for the type of development consistent with a Planned Development District but for which no development has been proposed.
(3) 
To ensure that the regulations of this section are so interpreted and applied that the benefits of this Zoning Chapter to the residents or occupants of the Planned Development District and the residents or occupants of adjacent properties will be protected.
B. 
Procedures.
(1) 
Planned Development Districts may be established hereafter on the Zoning Map in accordance with the procedures described below:
(a) 
Application for designation of a Planned Development District. Application for designation of a Planned Development District shall be made to the Village Board. The Village Board shall refer the application to the Planning Board within 10 days of receipt. The applicant shall furnish basic data pertaining to the boundaries of the proposed district and the existing zoning, topography, drainage and soil conditions and such preliminary plans as may be required for an understanding of the type, uses and design of the proposed development.
(b) 
Planning Board review of application to establish a Planned Development District.
[1] 
The Planning Board and the Board's professional planning consultant, if any, shall review such application. The Board may require such changes in the application as are found to be necessary to meet the requirements of this section, to protect the established permitted uses in the vicinity and to promote the orderly growth and sound development of the community. In evaluating the proposal and in reaching its decision, the Planning Board shall consider and make findings regarding the following:
[a] 
The existing character of the neighborhood.
[b] 
The height, bulk and location of principal and accessory buildings on the site in relation to one another and to other structures and uses in the vicinity.
[c] 
The auto and pedestrian traffic circulation features within the site and the amount of, location of and access to automobile parking areas and loading areas.
[d] 
The proposed location, type and size of signs, driveways and landscape features.
[e] 
The safeguards provided to minimize possible detrimental effects of the proposed use to adjacent properties and the neighborhood in general.
[f] 
Water supply, sanitary and storm drainage, solid waste disposal and other utilities on and adjacent to the site.
[2] 
The Planning Board shall report its findings and recommendation to the Village Board within 45 days as to approval, disapproval or conditional approval of the application.
(c) 
Public hearing on application to amend Zoning Map. The Village Board shall hold a public hearing after public notice, as required for any amendment to this chapter, and shall consider the report and recommendations of the Planning Board, and all other comments, reviews and statements pertaining thereto, in regard to amending the Zoning Map to establish and define the boundaries of the Planned Development District. Amendment of the Zoning Map shall not constitute authorization for development in the district, which authorization shall conform with Subsection B(2) below.
(2) 
Development in a Planned Development District.
(a) 
Application for building permits. Authorization for development in a Planned Development District shall require that the applicant submit to the Planning Board such plans and specifications, supporting documents and data as are required by the Board. The plans shall show the building types and layout, setbacks, off-street parking and loading, ingress and egress, signs, existing and proposed amenities, screening, planting and ornamental features and the plan or arrangement for development of the area in stages or in its entirety.
(b) 
Authorization for building permits. All conditions required by the Village Board in establishing the Planned Development District and all conditions required in the approval of the plans, including any the performance of which may be conditions precedent to the issuance of any permit, shall run with the land and shall not lapse or be waived as a result of any change in tenancy or ownership of any or all of the designated district. No building permit shall be issued until the Planning Board has rendered a report to the Village Board and the Village Board has, by resolution, authorized issuance of a permit.
(c) 
Progress on construction. If construction of the development in accordance with the approved plans and specifications has not begun within one year after the date of issuance of the building permit, all permits shall become null and void, and the Village Board shall consider the need to again amend the Zoning Map to restore the zoning designation for the district to that which it had been prior to the application or to any other district.
(3) 
Standards for development.
(a) 
Permitted uses in P-R, P-C and P-M Districts, and area and yard dimensions, shall be as shown in Schedule A.[1]
(b) 
Building height and bulk shall be as shown in Schedule A.
(c) 
Locations for ingress and egress, off-street parking and off-street loading in Planned Commercial and Planned Manufacturing Districts shall be so arranged as not to connect directly with local residential streets and so as to cause a minimum of conflict with pedestrian and motor traffic.
(d) 
Any Planned Development District (PD) created by this chapter is intended to identify a certain area of the community which is relatively extensive and in which existing uses are not the highest and best use of the site. Such areas are regarded as suitable for new development, although such new uses and development objectives are unknown at this time.
(4) 
The general classification designated as "Planned Development District (PD)" is intended to hold an extensive area of land for future development in one or more of the following specific categories:
P-R
Planned Residential
P-C
Planned Commercial
P-M
Planned Manufacturing