No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any building or land area be used for any purpose other than those included among the uses listed as permitted uses in each zone district of this chapter and meeting the requirements set forth herein. Open space contiguous to any building shall not be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements and all other regulations required by this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy or certificate of compliance, as appropriate, shall become null and void.
A. 
No structure shall be built within 50 feet of the bed of a stream or drainage swale carrying water on an average of three months of the year, except for:
(1) 
Public bridges, public waterworks and other municipal or public utility facilities.
(2) 
Such private bridges, fords, drainage conduits, embankments and similar structures as are necessary to permit access to a lot or portion thereof or as are incidental to a lawful use of a lot, provided that such structure will not have a material adverse effect on the stream, nor alter the flow of water therein, nor substantially increase the likelihood of flood or overflow in the area.
B. 
No person shall strip, excavate or otherwise remove topsoil for use other than on the premises from which taken, except in connection with the approved construction or alteration of a building, swimming pool or other use or structure on such premises pursuant to the provisions of this chapter.
C. 
No movement of earth or erosion shall be permitted at any time in any district which adversely affects conditions on any other property.
D. 
Whenever natural features such as trees, brooks, drainage channels and views interfere with the proposed use of property, the retention of the maximum amount of such features consistent with the intended use of the property shall be encouraged.
A. 
Where two or more adjacent parcels of undeveloped land are in the same ownership at the time of the enactment of this chapter, they shall, for the purposes of this chapter, be considered a single parcel or lot.
B. 
Except as specifically provided herein, no lot shall have erected upon it more than one principal building. No yard or other open space provided about any building shall be considered to provide a yard or open space for any other building.
C. 
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 Allegany County Clerk's office or site plan approval has been granted by the Planning Board and all conditions of said approval have been met. Upon application, the Planning Board may, in special circumstances, grant approval for site preparation in advance of final approval. Said application shall be supported by good and sufficient reasons for starting in advance of final approval and must contain adequate surety for the performance of the work.
D. 
The surface slope of all surfaces of the front, side and rear yards of any building shall be graded so as to have a detectable slope down and away from the foundation walls for a distance equal to at least one-half (1/2) the depth of the required yards.
E. 
When a building is located within 200 feet of a public highway or road, the top of the foundation wall at the front of the building shall not be less than two feet above the elevation of the center line of any road which fronts the premises.
F. 
Accessory buildings attached to a principal building shall comply with the yard requirements of this chapter for the principal building.
G. 
Detached accessory buildings on corner lots may be located in a side yard subject to the side yard setback requirements of Schedule I.[1] Such accessory buildings shall be no closer to the right-of-way line than the required front setback line.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
H. 
In order to protect the value and privacy of adjacent properties, the Planning Board may require detached accessory buildings to be fenced and/or buffered from adjacent properties consistent with approved site development plans.
I. 
Every principal building shall have access to a public street improved to meet Village requirements. Access may be provided by a driveway that serves a single property or a private road that may serve one or more properties. Accessways that serve more than one property shall be approved by the Village and shall have a right-of-way width of not less than 30 feet and a pavement width of not less than 16 feet. Such private roads shall be improved with a durable all-weather surface and approved by the Superintendent of Public Works. All structures shall be so located on lots so as to provide safe and convenient access for fire protection and required off-street parking.
J. 
At the intersection of two or more streets, no hedge, fence or wall (other than a single post or tree) which is higher than three feet above ground level measured at the edge of the pavement or at the curb, nor any obstruction to vision, including agricultural crops, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 50 feet distant from said intersection. This triangular area shall be measured along the edge of the pavement.
K. 
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard setback area shall be measured from such proposed right-of-way line.
L. 
No business establishment shall place or display goods for purposes of sale or permit any coin-operated vending machine of any type to be placed in any location which would infringe upon the required yard areas specified in this chapter.
M. 
No manure, odor or dust-producing substances shall be permitted to be stored out of doors within 100 feet of any lot line.
N. 
For the purpose of regulating the location of 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.
O. 
Except for parking on driveways, no front yard shall be used to store boats, vehicles, travel trailers, snowmobiles, snowmobile trailers and other similar equipment on a residential lot. Such equipment may be stored on the side of the building but no closer than 10 feet to the rear or side lot line.
P. 
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 either with respect to any existing structures or use and any proposed structures or use or setbacks.
Q. 
Nothing in this chapter shall restrict the construction, use or maintenance of public buildings, structures or facilities, parks or other publicly owned properties or the installation and maintenance of such public utilities as may be required to service any district. All facilities shall be subject to the yard requirements of this chapter and to site plan review.
R. 
Fences erected in the Village shall adhere to the following standards:
(1) 
No fence in a front yard shall be erected, altered or reconstructed to a height exceeding 48 inches above ground level.
(2) 
No fence in a rear or side yard shall be erected, altered or reconstructed to a height exceeding eight feet above ground level.
[Amended 8-26-1996 by L.L. No. 3-1996]
(3) 
As an exception to Subsection R(2) above, a fence of up to 10 feet in height may be permitted to enclose a tennis court, provided that such fencing is not less than 25 feet from either the rear or any side property line. Also as an exception to Subsection R(1) above, said height regulations shall apply except as provided in Chapter 120, Junkyards.
[Amended 8-26-1996 by L.L. No. 3-1996]
(4) 
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
(5) 
No fence shall be erected to encroach on any property line or upon a public right-of-way and shall be set back not less than 18 inches from any sidewalk.
(6) 
The face side of all fences erected shall be located so as to face the adjoining lot.
(7) 
No fence shall be erected in a special flood hazard area.
S. 
If the use of any lot or building involves the disposal of sewage or wastewater and public sewers are not available, an adequate sanitary disposal system for the same shall be installed in accordance with regulations and standards promulgated by the Allegany County Department of Health and at all times maintained on such lot or in lawful connection therewith. The minimum lot area otherwise required shall be increased where necessary to the extent required to provide such disposal system. Certification of approval for the installation of on-site sewage disposal systems shall be obtained from the Department of Health and submitted to the Village prior to the start of construction.
T. 
No lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Village Board. Duly approved individual sewage disposal systems shall be excepted from this provision. Village Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the Department of Health and/or New York State Department of Environmental Conservation. The Village Board may require the submission of any documents necessary to make the foregoing finding.
U. 
Discharges from individual sewage disposal systems shall be in accordance with approved plans and the procedures and standards of the New York State Department of Environmental Conservation and the Allegany County Department of Health.
V. 
All construction plans shall include consideration of stormwater drainage needs. Whenever possible, site grading shall direct water away from buildings and structures to the natural drainageway.
W. 
Any structure which has been vacant or which has had utility service disconnected for 12 consecutive months shall not be used for any purpose without obtaining a new certificate of compliance.
X. 
Any structure destroyed sufficiently by a fire so as to be declared unsafe by the Fire Marshal shall require a new building permit before any reconstruction is started. A new certificate of occupancy shall also be required.
Y. 
Any structure partially destroyed by fire shall be rebuilt in accordance with this chapter and the following additional provisions:
(1) 
No permit shall be required to restore/replace any portion of a structure to its same condition prior to its being damaged.
(2) 
Any change in a structure damaged by fire, including but not limited to the size of the building, bearing walls, entranceways or building materials, shall require a new building permit, and said reconstruction shall meet or exceed the Uniform Code requirements and the provisions of this chapter.
Z. 
The dumping of refuse, waste material and other substances shall be prohibited in all districts. This is not, however, to be construed as prohibiting filling to establish grades following the issuance of a permit by the Zoning Officer. Materials used as fill to establish grades shall consist solely of clean dirt, gravel and other clean fill. All materials applied shall be leveled and covered with at least four inches of clean dirt and subject to approval of the Zoning Officer.
AA. 
No dwelling units shall be allowed to keep more than six dogs or cats in any combination, which are more than six months of age. In addition, no dwelling units shall be allowed to keep more than six chickens or rabbits, in any combination, which are more than six months of age.
[Amended 11-12-2013 by L.L. No. 3-2013]