Village of Cuba, NY District Regulations

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Article VII District Regulations

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§ 200-29 Application of regulations.

§ 200-30 R-1 Residential District.

§ 200-31 R-2 Residential District.

§ 200-32 G-H Genesee Historic District.

§ 200-33 C-B Central Business District.

§ 200-34 G-B General Business District.

§ 200-35 L-I Light Industrial District.

§ 200-36 HP-O Historic Preservation Overlay District.

§ 200-37 FP-O Flood Plain Overlay District.

§ 200-38 HC-O Health Care Overlay District.

§ 200-29 Application of regulations.

The regulations set by this chapter shall be the minimum regulations within each district and shall apply uniformly to each class or kind of structure or use of land, except as hereinafter provided:

No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.

No building or structure shall hereafter be erected or altered which exceeds the height limitation for any structure within a specified district, accommodates or houses a greater number of families, occupies a greater percentage of lot area or has narrower or smaller yards or other open spaces than herein required or is in any other manner contrary to the provisions of this chapter and the requirements of the New York State Uniform Code.

No part of a yard or other open space or off-street parking or loading space required or provided in connection with any building or use for the purpose of complying with the regulations set forth herein shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building or use except as provided in Article XI.

No yard or lot existing at the time of enactment of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet or exceed the minimum requirements established herein.

§ 200-30 R-1 Residential District.

In an R-1 Residential District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except as specified herein:

Purpose. The purpose of the R-1 Residential District is to provide an opportunity for single-family residential development to occur at medium densities in areas where water and sewer services are available and in locations with adequate highway access.

Permitted principal uses. In the R-1 Residential District, the permitted principal uses shall be single-family dwellings, not to exceed one principal structure per lot.

Permitted accessory uses. The following shall be permitted accessory uses:

(1)

One private garage or carport with a maximum capacity of 720 square feet for the parking of automobiles of residents on the premises. The use of a private garage for the repair of automobiles or other vehicles for a profit shall not constitute a permitted accessory use.

(2)

Customary accessory structures serving residential uses, including but not limited to private swimming pools, fences, storage buildings, toolhouses, greenhouses, tennis courts, pet shelters and fireplaces.

(3)

Except for a detached private garage, detached accessory buildings shall not exceed 12 feet in height. Detached private garages shall not exceed 15 feet in height. The Planning Board may, however, approve a detached private garage up to 18 feet in height if it determines that such additional height would not burden or inconvenience the neighborhood.

(4)

With the exception of detached private garages, all detached accessory buildings shall be located behind the rear foundation wall of the principal building and in accord with the setback requirements for rear yards specified in Schedule I.[1] Detached garages shall be located to the rear of the front building line of the principal building and may be located in a side yard in accord with the setback requirements specified in Schedule I.

[1]

Editor's Note: Schedule I is included as an attachment to this chapter.

(5)

Detached accessory buildings may be located in a side yard on corner and through lots, provided that they are no closer to the front lot line than the front building line and in accord with the side yard setback requirements specified in Schedule I.

(6)

Private swimming pools subject to the provisions of Article XI of this chapter.

(7)

Off-street parking subject to the provisions of Article XI of this chapter.

(8)

Signs subject to the provisions of Article XII of this chapter.

(9)

Not more than one ground-mounted satellite television dish antenna not more than 12 feet in diameter and 16 feet in height may be permitted for each property. The minimum setback of a ground-mounted satellite television dish antenna shall be 16 feet from any property lines. A zoning permit issued by the Zoning Officer shall be required prior to placing a dish in operation. The Village may require the applicant to screen the dish in order to reduce potential nuisance or disturbances to adjacent properties. Although locations in side and rear yards shall be encouraged, a ground-mounted satellite television dish antenna may be located in a front yard if the applicant can demonstrate to the satisfaction of the Planning Board that locating the dish in either the side or rear yard would not provide adequate reception.

(10)

Other antennae or towers may be either ground-mounted or mounted on or attached to a building for support. Such antennae or towers shall not exceed 15 feet above the maximum height of the building on which it is mounted or to which it is attached or accessory thereto. A zoning permit issued by the Zoning Officer shall be required prior to placing a ground-mounted antenna in operation.

(11)

An antenna or tower which is ground-mounted shall be located in rear yards only. Antennae or towers may be permitted in the side yard on corner or through lots, provided that they are no closer to the front lot line than the front building line.

(12)

Antennae or ground-mounted towers shall be set back from all other structures and all property lines a distance which is not less than 1 1/2 times the distance between the highest part of such antenna or tower and the ground. Guy wires, anchors and other supports for an antenna shall not be closer than 10 feet to any property line.

(13)

Other accessory uses not specified herein may be approved by the Planning Board, provided that the Board determines that such uses are clearly accessory to the permitted principal use and consistent with the purpose and intent of the zone district and this chapter.

Dimensional requirements. The dimensional requirements for this district are specified in Schedule I, which is a part of this chapter.[2]

[2]

Editor's Note: Schedule I is included as an attachment to this chapter.

Special uses. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board:

(1)

Essential services, excluding power plants, maintenance buildings and storage yards.

(2)

Cluster residential developments.

(3)

Home occupations.

(4)

Bed-and-breakfast establishments.

(5)

Accessory apartments.

(6)

Windmills.

(7)

The following public and semipublic buildings and uses defined in § 200-10 of this chapter:

(a)

Churches, places of worship, parish houses and convents.

(b)

Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.

(c)

Elementary schools, secondary schools, colleges or universities having a curriculum approved by the Board of Regents of the State of New York.

(d)

Public libraries and museums.

§ 200-31 R-2 Residential District.

In an R-2 Residential District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except as specified herein.

Purpose. The purpose of the R-2 Residential District is to provide for the orderly development of mixed single- and two-family dwelling units in areas where water and sewer services are available and in locations with adequate highway access. Higher density residential developments may be permitted, using planned development guidelines for multiple-family residences, if it can be determined that such densities will not adversely impact or create a burden for existing development.

Permitted principal uses. The following shall be permitted principal uses in the R-2 Residential District:

(1)

Single-family dwellings, not to exceed one principal structure per lot.

(2)

Two-family dwellings, including duplexes not to exceed one principal structure per lot.

Permitted accessory uses. The following shall be accessory uses in the R-2 Residential District:

[Amended 8-26-1996 by L.L. No. 3-1996]

[1]

Editor's Note: Schedule I is included as an attachment to this chapter.

(5)

(6)

Private swimming pools subject to the provisions of Article XI of this chapter.

(7)

Off-street parking subject to the provisions of Article XI of this chapter.

(8)

Signs subject to the provisions of Article XII of this chapter.

Antennae or ground-mounted towers shall be set back from all other structures and all property lines a distance which is not less than one and one-half (11/2) times the distance between the highest part of such antenna or tower and the ground. Guy wires, anchors and other supports for an antenna shall not be closer than 10 feet to any property line.

(13)

Dimensional requirements. The dimensional requirements for this district are specified in Schedule I, which is made a part of this chapter.[2]

[2]

Editor's Note: Schedule I is located at the end of this chapter.

Special uses. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board:

[Amended 8-26-1996 by L.L. No. 3-1996]

(1)

Essential services, excluding power plants, maintenance buildings and storage yards.

(2)

Cluster residential developments.

(3)

Home occupations.

(4)

Bed-and-breakfast establishments.

(5)

Accessory apartments.

(6)

Windmills.

(7)

The following public and semipublic buildings and uses defined in § 200-10 of this chapter.

(a)

Churches, places of worship, parish houses and convents.

(b)

Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.

(c)

Elementary schools, secondary schools, colleges or universities having a curriculum approved by the Board of Regents of the State of New York.

(d)

Public libraries and museums.

(e)

Day-care centers approved by the New York State Department of Social Services.

(f)

Nursery schools.

(8)

Rooming houses.

(9)

Multiple-family developments.

(10)

Townhouse developments.

§ 200-32 G-H Genesee Historic District.

In a G-H Genesee Historic District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except as specified herein.

Purpose. The purpose of the G-H Genesee Historic District is to create a mixed-use area that recalls the unique canal/railroad history of Cuba Village. A mixture of attractively landscaped residential, public use and limited-intensity commercial uses are contemplated to attract additional visitors to the community and to improve the Village's tourist base.

Permitted principal uses. The following shall be permitted principal uses in the G-H Genesee Historic District:

(1)

Single- and two-family dwellings in accord with the standards and provisions specified for the R-2 Residential District.

(2)

The following retail business and personal service establishments:

(a)

Restaurants and taverns.

(b)

Gift shops.

(c)

Flower shops.

(d)

Studios for artists, craftsmen, photographers, composers, writers and the like.

(e)

Travel agencies.

(3)

Hotels and motels.

(4)

Bed-and-breakfast establishments.

(5)

Other business uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above.

(6)

Upon the approval of the Planning Board, a principal building may contain a combination of residential and business uses, provided that such residential uses are conducted and located elsewhere than on the street frontage of the ground floor and having a minimum habitable area as required in Schedule I.[1]

[1]

Editor's Note: Schedule I is included as an attachment to this chapter.

Permitted accessory uses. The following shall be accessory uses in the G-H Genesee Historic District:

[Amended 8-26-1996 by L.L. No. 3-1996]

(1)

(2)

Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business or office use.

(3)

(4)

(5)

With the exception of detached private garages, all detached accessory buildings shall be located behind the rear foundation wall of the principal building and in accord with the setback requirements for rear yards specified in Schedule I.[2] Detached garages shall be located to the rear of the front building line of the principal building and may be located in a side yard in accord with the setback requirements specified in Schedule I.

[2]

Editor's Note: Schedule I is included as an attachment to this chapter.

(6)

(7)

Private swimming pools subject to the provisions of Article XI of this chapter.

(8)

Signs subject to the provisions of Article XII of this chapter.

(9)

Access control, off-street parking, loading and unloading facilities, fences and landscaping, subject to the provisions of Article XI of this chapter.

(10)

Business uses in the G-H Genesee Historic District may be permitted to have building-mounted satellite television dish antennae upon the approval of the Planning Board if it can be demonstrated that a ground-mounted location is not appropriate or would not provide adequate reception. No building-mounted television dish shall exceed four feet in diameter and extend more than six feet above the height of the building to which it is attached.

(11)

Residential uses in the G-H Genesee Historical District may be permitted to have not more than one ground-mounted satellite television dish antenna not more than 12 feet in diameter and 16 feet in height for each property. The minimum setback of a ground-mounted satellite television dish antenna shall be 16 feet from all property lines. A zoning permit issued by the Zoning Officer shall be required prior to placing a dish in operation. The Village may require the applicant to screen the dish in order to reduce potential nuisance or disturbances to adjacent properties. Although locations in side and rear yards shall be encouraged, a ground-mounted satellite television dish antenna may be located in a front yard if the applicant can demonstrate to the satisfaction of the Planning Board that locating the dish in either the side or rear yard would not provide adequate reception.

(12)

(13)

An antenna or tower which is ground-mounted shall be located in rear yards only. Antennae or towers may be permitted in the side yard on corner or through lots, provided that they are not closer to the front lot line than the front building line.

(14)

(15)

Other accessory uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above and appropriate to serve the principal use.

Dimensional requirements. The dimensional requirements for this district are specified in Schedule I, which is a part of this chapter.[3]

[3]

Editor's Note: Schedule I is included as an attachment to this chapter.

Special uses. The following shall be special uses in the G-H Genesee Historic District:

(1)

Essential services, excluding power plants, maintenance buildings and storage yards.

(2)

Home occupations.

(3)

Business and professional offices, including but not limited to medical, legal, engineering, architectural, planning, real estate and insurance offices, and banks. Banks with drive-in facilities shall be permitted, provided that at least five car-length spaces are provided in the approach drive within the property line of the lot for each drive-in teller's window. Such spaces shall be exclusive of required off-street parking spaces.

(4)

Public and semipublic buildings and uses as defined in § 200-10 of this chapter except for schools with a curriculum approved by the state, administrative office buildings operated by public agencies and fire, ambulance, public safety and public works buildings.

Funeral parlors.

Produce markets.

Windmills.

Accessory apartments.

Other provisions and requirements for uses in the G-H District.

(1)

(2)

No design or structural changes, additions or extensions shall be made to the front or sides of any existing residential structure in order to accommodate a proposed change in use from residential to nonresidential use except as may be necessary to provide necessary egress, light and ventilation.

(3)

Any structure associated with a nonresidential use shall be set back a distance of not less than 20 feet from every lot line contiguous to any lot used for residential use. In addition to the required setback, the Planning Board may require the installation of buffer screening to protect the privacy and residential enjoyment of the adjacent property. The Planning Board shall determine the size and type of buffer screening needed to ensure visual and auditory privacy on the residential lot.

(4)

No exterior lighting shall be erected, operated or maintained in such a manner as to create an annoyance to surrounding properties or so as to create a hazard to traffic circulation.

(5)

All nonresidential uses shall set aside a minimum of 20% of the lot area to be devoted to seeding, planting, retention of tree cover or other landscaping. This area shall not be used for any other purpose.

(6)

Although parking may be permitted in the front yard, all nonresidential properties fronting on Genesee Street shall include a landscaped strip of not less than 20 feet in depth extending across the entire Genesee Street frontage from the front property line. This twenty-foot strip of landscaping shall be used for no other purpose except for access to the property.

§ 200-33 C-B Central Business District.

In a C-B Central Business District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except as specified herein.

Purpose. The purpose of the C-B Central Business District is to provide a variety of retail and service uses to satisfy the needs of individual consumers and households as well as to meet the requirements of other businesses, industries and institutions. The proximity to nearby residences requires that commercial operations be conducted at a scale commensurate with nearby residential development and possess a minimum of characteristics and effects which may be detrimental or create a nuisance to nearby residences.

Permitted principal uses. The following shall be permitted principal uses in the C-B Central Business District:

(1)

Retail business establishments such as but not limited to the following:

(a)

Stores selling groceries, meats, baked goods and other such food items.

(b)

Drugstores.

(c)

Stationery, tobacco and newspaper stores and confectionery stores.

(d)

Clothing, variety and general merchandise stores.

(e)

Hardware, appliance, radio and television sales and service.

(f)

Restaurants and taverns.

(g)

Office supplies and equipment.

(h)

Furniture and home furnishings.

(2)

Personal service establishments such as but not limited to the following:

(a)

Barber- and beauty shops.

(b)

Shoe repair and fix-it shops.

(c)

(d)

Dry-cleaning stores and laundromats.

(3)

Bowling alleys.

(4)

Hotels and motels.

(5)

Assembly halls and theaters, excluding drive-in theaters.

(6)

Newspaper printing, including incidental job printing. Such operations shall be limited to having not more than 15 full-time persons engaged therein at any one time and using not more than 30 horsepower in electric motor power.

(7)

Bus stations.

(8)

Assembling, converting, altering, finishing, cleaning or any other processing of products, provided that:

(a)

Goods so produced or processed are to be sold at retail, exclusively on the premises;

(b)

Space used for such purposes shall not occupy more than 20% of the area devoted to retail sales, shall be clearly incidental to such retail use and shall be fully concealed from any street;

(c)

Except in connection with newspaper printing, electric motor power not exceeding a total of 10 horsepower shall be used exclusively. An installation of 10 horsepower or less using fuel other than electricity may be used upon a finding by the Zoning Officer that said installation is expected to be free of nuisance characteristics and will have no adverse effect on neighboring uses; and

(d)

Not more than two persons shall be engaged in such production/processing at any one time.

(9)

Funeral parlors.

(10)

Other business uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above.

(11)

[1]

Editor's Note: Schedule I is included as an attachment to this chapter.

Permitted accessory uses. The following shall be permitted accessory uses in the C-B Central Business District:

(1)

Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business use.

(2)

Access control, off-street parking, loading and unloading facilities, fences and landscaping subject to the provisions of Article XI of this chapter.

(3)

Signs subject to the provisions of Article XII of this chapter.

(4)

Satellite television dish antennae subject to the provisions of § 200-30C(9); however, a building-mounted antenna may be permitted upon approval of the Planning Board if it can be demonstrated that a ground-mounted location is not appropriate or would not provide adequate reception. No building-mounted television dish shall exceed four feet in diameter and extend more than six feet above the height of the building to which it is attached.

(5)

Other accessory uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above.

Dimensional requirements. The dimensional requirements for this district are specified in Schedule I, which is a part of this chapter.[2]

[2]

Editor's Note: Schedule I is included as an attachment to this chapter.

Special uses. The following shall be allowed as special uses in the C-B Central Business District:

(1)

Essential services, excluding power plants, maintenance buildings and storage yards.

(2)

Public and semipublic buildings and uses as defined in § 200-10 of this chapter except for schools with a curriculum approved by the state.

(3)

Produce markets.

Other provisions and requirements for uses in the C-B District. Except as otherwise provided herein, all permitted uses, whether principal or accessory, including all storage, shall be carried on in a fully enclosed building. Such provisions shall not apply to parking of registered vehicles, outdoor loading or other service activities.

§ 200-34 G-B General Business District.

In a G-B General Business District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except as specified herein.

Purpose. The purpose of the G-B General Business District is to provide sufficient space in appropriate locations for a wide variety of business, commercial and miscellaneous service activities, particularly along certain existing major thoroughfares. It is the further purpose of this district to provide for attractive and efficient retail shopping facilities of integrated design in appropriate locations which are laid out and developed as a unit.

Permitted principal uses. The following shall be permitted principal uses in the G-B General Business District:

[Amended 8-26-1996 by L.L. No. 3-1996]

(1)

Retail business establishments such as but not limited to the following:

(a)

Stores selling groceries, meats, baked goods and other such food items.

(b)

Drugstores.

(c)

Stationery, tobacco and newspaper stores and confectionery stores.

(d)

Clothing, variety and general merchandise stores.

(e)

Hardware, appliance, radio and television sales and service.

(f)

Restaurants and taverns.

(g)

Office supplies and equipment.

(h)

Furniture and home furnishings.

(2)

Personal service establishments such as but not limited to the following:

(a)

Barber- and beauty shops.

(b)

Shoe repair and fix-it shops.

(c)

(d)

Dry-cleaning stores and laundromats.

(3)

Drive-in restaurants and eating establishments where a substantial percentage of sales are to take out customers, provided that such uses shall not be closer than 200 feet to a residential district.

(4)

Bowling alleys.

(5)

Hotels and motels.

(6)

Assembly halls and theaters, excluding drive-in theaters.

(7)

(8)

Bus stations.

(9)

Assembling, converting, altering, finishing, cleaning or any other processing of products, provided that:

(a)

Goods so produced or processed are to be sold at retail, exclusively on the premises;

(b)

Space used for such purposes shall not occupy more than 20% of the area devoted to retail sales, shall be clearly incidental to such retail use and shall be fully concealed from any street;

(c)

(d)

Not more than two persons shall be engaged in such production/processing at any one time.

(10)

Funeral parlors.

(11)

Printing, publishing and engraving establishments.

(12)

Electrical, heating, plumbing or woodworking shops.

(13)

Wholesale establishments, provided that all sales activities are conducted in a completely enclosed building.

(14)

The sale of new and used automobiles, provided that:

(a)

Such sales shall be conducted in a fully enclosed building located on the same lot and having a building area of not less than 1,000 square feet devoted to the sales and services of automobiles.

(b)

Accessory to such building, the sale of new and used automobiles may be carried on in an unenclosed area, provided that:

[1]

Such area is on the same or an adjacent lot to such building. If the enclosed area is on an adjacent lot, the lot shall be not more than 200 feet from the lot with the building and shall further be in the same ownership as said building, be in a G-B General Business District and be used for no other purpose.

[2]

Such unenclosed area shall be paved, shall be suitably drained and shall be maintained in a neat and orderly manner and in good order and condition.

[3]

All exterior illumination shall be approved by the Planning Board and shall be shielded to reduce the glare that may negatively impact on surrounding properties and streets.

[4]

Suitable landscaping and/or fencing of such unenclosed area shall be required.

[5]

A minimum area of 200 square feet shall be provided on the lot for each automobile displayed, parked or stored in any unenclosed area. Each automobile stored or displayed therein shall be placed or parked parallel to each other facing in the same direction toward the street upon which such lot fronts, and such automobiles shall be arranged in an orderly manner in such spaces.

(15)

Material storage yards in connection with retail sales of products where storage is incidental to the approved occupancy of a store or other permitted use, provided that all products and materials used or stored are in a completely enclosed building or enclosed by a masonry wall fence or hedge not less than six feet in height. The storage of all materials and equipment shall not exceed the height of the wall.

(16)

Commercial storage buildings providing space for rent.

(17)

Veterinary animal clinics or offices with interior operations only.

(18)

Other business uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above.

(19)

Permitted accessory uses. The following shall be permitted accessory uses in the G-B General Business District:

[Amended 8-26-1996 by L.L. No. 3-1996]

(1)

Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business use.

(2)

Access control, off-street parking, loading and unloading facilities, fences and landscaping subject to the provisions of Article XI of this chapter.

(3)

Signs subject to the provisions of Article XII of this chapter.

(4)

(5)

Other accessory uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above.

Dimensional requirements. The dimensional requirements for this district are specified in Schedule I, which is a part of this chapter.[1]

[1]

Editor's Note: Schedule I is included as an attachment to this chapter.

Special uses. The following shall be allowed as special use in the G-B General Business District:

(1)

Essential services, excluding power plants.

(2)

Motor vehicle service stations, including filling stations and auto repair shops.

(3)

The following public and semipublic buildings and uses defined in § 200-10 of this chapter may be permitted in this district:

(a)

Fire, ambulance and public safety buildings.

(b)

Hospitals and nursing homes.

(4)

Produce markets.

(5)

Planned business centers.

(6)

Windmills.

(7)

Car wash establishments.[2]

[2]

Editor's Note: Former Subsection E(8), Funeral parlors, which immediately followed this subsection, was deleted 11-12-2013 by L.L. No. 3-2013.

§ 200-35 L-I Light Industrial District.

In an L-I District no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be or used, in whole or in part, for any uses except as specified herein.

Purpose. The purpose of the L-I Light Industrial District is to provide for the establishment of industrial uses essential to the development of a balanced economic base in an industrial environment and to regulate such development so that it will not be detrimental or hazardous to the surrounding community and to the general health, safety and well-being of Cuba Village.

Permitted principal uses. The following shall be permitted principal uses in the L-I Light Industrial District:

(1)

Any use of a light industrial nature is permitted which involves only the processing, assembly, compounding or packaging of previously prepared or refined materials, provided that at no time shall such use result in or cause:

(a)

Dissemination of dust, smoke, smog, observable gas, fumes or odor or other atmospheric pollution, objectionable noise, glare or vibration that will be evident beyond the property line.

(b)

Hazard of fire or explosion or other physical hazard to any adjacent building or any land area adjacent to the site of the use.

(c)

Violation of applicable standards or regulations adopted and enforced by any federal, state, county or Village environmental or health agency or legislative body. Violation of such standards shall result in the revocation of an existing certificate of occupancy and/or certificate of compliance and the immediate cessation of operations. The correction of the violation and new certificates shall be a prerequisite to the resumption of such industrial operations.

(2)

The following uses are indicative of those which are intended to be permitted:

(a)

Manufacture of machinery such as cash registers, sewing machines, typewriters, calculators and other office machines.

(b)

Fabrication of metal products such as baby carriages, bicycles, metal foil, tin, aluminum, gold, etc., metal furniture, musical instruments, sheet-metal products and toys.

(c)

Fabrication of paper products such as bags, book bindings, boxes and packaging materials, office supplies and toys.

(d)

Fabrication of wood products such as bolts, boxes, cabinets and woodworking, furniture and toys.

(e)

Food and associated industries such as bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, ice cream manufacturing and manufacturing of spirituous liquor.

(f)

The warehousing or storage of goods and products such as building materials, farm supplies and the like, which may be sold from the premises to the general public. The bulk storage of fuel for resale is specifically excluded from the intent of the above.

(3)

Office buildings for executive, engineering and administrative purposes.

(4)

Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.

(5)

The compounding and processing of pharmaceutical and cosmetic products.

(6)

Building supply and farm equipment stores.

(7)

Agribusiness uses, including the processing of farm products.

(8)

Commercial storage buildings.

(9)

Recycling plants.

(10)

Motor vehicle service stations, including filling stations and auto repair shops.

[Added 8-26-1996 by L.L. No. 3-1996]

(11)

Other uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above.

Permitted accessory uses. The following shall be permitted accessory uses in the L-I Light Industrial District:

(1)

Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted use.

(2)

Access control, off-street parking, loading and unloading facilities, fences and landscaping subject to the provisions of Article XI of this chapter.

(3)

Signs subject to the provisions of Article XII of this chapter.

(4)

Other accessory uses which, in the opinion of the Planning Board, are similar in nature and scale to those permitted above.

Dimensional requirements.

(1)

The dimensional requirements for this district are specified in Schedule I, which is a part of this chapter.[1]

[1]

Editor's Note: Schedule I is included as an attachment to this chapter.

(2)

When an industrial use is proposed to abut a residential district, there shall be a buffer of not less than 50 feet between the residential district and any activity associated with the proposed industrial use.

[Added 8-26-1996 by L.L. No. 3-1996]

Special uses. The following shall be allowed as special uses in the L-I Light Industrial District:

(1)

Essential services, excluding power plants.

(2)

Car wash establishments.

(3)

Windmills.

(4)

Junkyards, subject to the provisions and requirements of Chapter 120, Junkyards, of the Cuba Village Code.

(5)

Adult bookstores and adult entertainment establishments subject to the requirements and provisions of § 200-35G.

Other provisions and requirements for uses in the L-I Light Industrial District.

(1)

Residential uses shall be prohibited except for a caretaker's residence on-site.

(2)

The manufacturing of all goods, including but not limited to the processing, assembly, compounding and packaging of materials, shall be performed in a fully enclosed building.

(3)

Incidental storage out of doors may be permitted, provided that such materials are shielded from view from public streets and adjacent residential districts by fencing, landscaping or other appropriate measures determined by the Planning Board.

(4)

Each use shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard.

(5)

Parking areas may be located in any of the required yard areas, provided that they are not less than 50 feet from a right-of-way line or 20 feet from a property line.

(6)

As an exception to Subsection F(5) above, no industrial activities associated with an approved use, including off-street parking, loading or outdoor storage, shall be located within 50 feet of an adjacent residential district.

(7)

The development of industrial areas shall be designed so as to minimize the interference of electrical transmissions to nearby properties.

Adult bookstores and adult entertainment establishments. Adult bookstores and adult entertainment establishments, as defined herein, may be approved in the L-I Light Industrial District by the Village Board following a public hearing and provided that the standards and provisions specified below are maintained:

(1)

The proposed use shall be operated in a manner that is consistent with the New York State Penal Law relating to exposure, obscenity or lewdness.

(2)

An adult bookstore or adult entertainment establishment use shall not be operated within 1,000 feet of:

(a)

A church, synagogue or place of worship.

(b)

A public or private elementary or secondary school, day care, preschool or other uses of a similar nature.

(c)

A boundary of any residential district.

(d)

A public park, municipal building or community center.

(3)

An adult bookstore or adult entertainment establishment shall not be operated within 1,000 feet of another adult bookstore or adult entertainment establishment or on the same lot or parcel of land.

(4)

An adult bookstore or adult entertainment establishment shall not be operated in the same building, structure or portion thereof containing another adult bookstore or adult entertainment establishment.

(5)

For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structures as part of the premises where an adult bookstore or adult entertainment establishment is conducted to the nearest property line of the premises of any of the uses specified in Subsection G(2)(a) through (d) identified above or to another adult bookstore or adult entertainment establishment.

(6)

All adult bookstores or adult entertainment establishments shall be conducted in an enclosed building, regardless of location or distance.

(7)

No exterior sign shall contain any photographic or artistic representation of the human body.

(8)

All building openings, entries, windows, doors, etc., associated with an adult bookstore or adult entertainment establishment shall be located, covered or screened in such a manner as to prevent a view into the interior of the building from any public right-of-way or adjacent property.

(9)

No adult bookstore or adult entertainment use shall be established in any building which is used, in part, for residential purposes.

(10)

No residential use shall be established in any building which contains an approved adult bookstore or adult entertainment use.

§ 200-36 HP-O Historic Preservation Overlay District.

Purpose.

(1)

The purpose of this section is to preserve the historical, architectural and cultural character of certain properties or districts within Cuba Village; to prevent the impairment of or injury to their historical, architectural and cultural value to the community; and to these ends to provide that a reasonable degree of control may be exercised over alterations to such existing properties or to properties within designated districts and over the alteration, architectural design and construction of structures erected or to be erected on any such properties or within designated districts.

(2)

Historic Preservation Overlay District (HP-O) regulations are not intended to be substituted for other zoning district regulations, but are to be superimposed on the primary zoning districts and represent an additional level of review and regulation related specifically to the preservation of such designated properties or within designated districts.

Designation of landmarks and historic districts.

(1)

The Village Board may designate an individual property as a landmark if it:

(a)

Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the Village, region, state or nation;

(b)

Is identified with historic personages;

(c)

Embodies the distinguishing characteristics of an architectural style;

(d)

Is the work of a designer whose work has significantly influenced an age; or

(e)

Represents an established and familiar visual feature of the neighborhood due to its unique location or singular physical characteristics.

(2)

The Village Board may designate a group of properties as an historic district if it:

(a)

Contains properties which meet one or more of the criteria for designation of a landmark; and

(b)

By reason of possessing such qualities, it constitutes a distinct section of the Village.

(3)

The Village Board may act on its own to designate a landmark or historic district or may act upon the recommendation of the owner of the property, the Cuba Historical Society or the Planning Board. Any recommendation for designation which comes directly to the Village Board from an individual or group shall be referred to the Historical Society and the Planning Board with a request for an advisory opinion.

(4)

Notice of a proposed designation shall be sent by certified mail from the Village Clerk to the owner of the property proposed for designation. The notice shall describe the property proposed for designation and announce the date, time and place for a public hearing to be conducted by the Village Board to consider the designation. If the Village Board determines that the proposed designation involves so many owners that individual notice is infeasible, notice may be provided by publication of the notice at least once in a newspaper of general circulation in the Village at least five days prior to the date of the public hearing. Once the Village Board has issued a notice of a proposed designation, no building permits shall be issued by the Building Inspector/Code Enforcement Officer until a decision on the proposed designation has been made.

(5)

The Village Board shall conduct a public hearing prior to designation of any landmark or historic district. Interested parties may present testimony or documentary evidence at the hearing that will become part of the record regarding the historic, architectural or cultural importance of the proposed landmark or historic district. The record may also contain staff reports and public comments as well as other evidence transmitted to the Village Board outside of the hearing.

(6)

Each property designated as a landmark and every property within the boundaries of a designated historic district shall be subject to the historic overlay requirements of this chapter.

(7)

The Cuba Village South Street Overlay Historic District is hereby established. The boundaries of this district shall be coincident with the district approved for listing on the National Register for Historic Places by the New York State Office of Parks, Recreation and Historic Preservation.

(8)

The boundaries of all landmarks and historic districts shall be noted as an overlay district on the Official Zoning Map.

(9)

An inventory of landmarks and historic districts shall be maintained by the Village Clerk.

Certificate of appropriateness for alteration, demolition or new construction affecting landmarks or historic districts.

(1)

A certificate of appropriateness issued by the Planning Board shall be required for any proposal to change the exterior design or appearance or for the demolition or relocation of a landmark or for alterations which require a building or demolition permit for any designated landmark or an existing or proposed structure within a designated historic district. All applications shall include drawings at sufficient detail to show that the proposed changes, additions, removals or new construction will be in harmony with the designated property, structure or district.

(2)

Prior to acting on a request for a certificate of appropriateness, the Planning Board shall consider:

(a)

The applicant's reason for the request for a certificate of appropriateness;

(b)

The historical and/or architectural significance of the property;

(c)

The location of the site in relation to its surroundings;

(d)

The aesthetic and cultural value of the property to the community;

(e)

The condition of the property, including all structures on the site at the time of application; and

(f)

The effect that the alteration, demolition, relocation or construction would have on the value and the fair economic return of the property.

Provisions governing the issuance of a certificate of appropriateness.

(1)

Any owner of a landmark who desires to repair the exterior of an existing building or structure shall have the right to undertake the repairs with the identical materials and finishes as were in place at the time of designation without a certificate of appropriateness.

(2)

The Planning Board shall have no control over the change of the interior of any building or structure as long as no evidence of such changes appear on the exterior.

(3)

Any owner desiring to make structural alterations to a landmark as defined in this chapter shall design such alterations in a manner that is compatible with the exterior style of the structure, the design, scale detail, trim, manner and materials of construction.

(4)

Any owner desiring to demolish a landmark or a structure within a designated district shall obtain a certificate of appropriateness from the Planning Board. After the issuance of such a certificate, a period of 120 days must elapse before the Zoning Officer may issue a demolition permit. Anyone who desires to save the structure may use this time to determine a fair price by appraisal and to locate a purchaser who will agree not to raze the structure.

(5)

New development within historic districts shall be in harmony with the general character of the entire designated district. Notwithstanding the above, no new structure shall be required to be a copy of any particular style or architectural period.

(6)

Nothing within these regulations shall be construed to require the owner of any existing structure within a designated district, which is otherwise maintained in conformity with existing laws, to make any change in the exterior design or appearance of such structure. Further, the regulations shall not be construed to prohibit the use of modern materials, techniques or methods of construction in the erection of new structures.

Certificate of appropriateness application procedure.

(1)

Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Zoning Officer. The application shall contain:

(a)

The name, address and telephone number of applicant.

(b)

The location and photographs of the property.

(c)

Building layout and site plan showing existing and planned features.

(d)

Elevation drawings, including existing conditions and proposed changes, if available.

(e)

Perspective drawings, including the relationship of the property to adjacent properties, if available.

(f)

Samples of color or materials to be used.

(g)

Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the sign's location on the property.

(h)

Any other information deemed necessary by the Planning Board in order to visualize the proposed work.

(2)

No building permit shall be issued for such proposed work until a certificate of appropriateness has been issued by the Planning Board. The certificate of appropriateness shall be in addition to and not in lieu of any other approvals or permits that may be required by any other laws and regulations of the Village.

(3)

The Zoning Officer shall refer the completed application and supporting documents to the Planning Board for review and recommendations.

(4)

The Planning Board shall approve, approve the proposed request with modifications or deny the request for a certificate of appropriateness within 45 days of receipt of a complete application. The Planning Board may hold a public hearing on the application to provide an opportunity for the public to comment on the application. If a public hearing is held by the Planning Board, a decision on the request shall be made within 30 days of the hearing. If the Planning Board fails to act within the time periods specified herein, the certificate shall be approved and the applicant may proceed to obtain a building permit.

(5)

All decisions of the Planning Board shall be in writing. A copy of each decision shall be sent to the applicant by certified mail and copies filed with the Village Clerk and the Zoning Officer. The written decision shall state the reasons for denying or modifying any application.

(6)

Prior to making a decision on an application, the Planning Board may consult with the Village Engineer as well as any other agency or organization as deemed appropriate.

(7)

The Zoning Officer shall issue the certificate in accord with the instructions of the Planning Board.

(8)

An appeal of a decision by the Planning Board regarding the approval or denial of a certification or the conditions for approval of such a certification shall be made to the Zoning Board of Appeals.

Maintenance and repair required.

(1)

Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design or outside appearance. Appearance, in this instance, does not include a change in the color of the exterior paint.

(2)

No owner or person with an interest in real property designated as a landmark or located within an historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which, in the judgment of the Planning Board, would produce a detrimental effect upon the life and character of the landmark property or the historic district as a whole. Examples of such deterioration include but are not limited to the following:

(a)

Deterioration (cracking, crumbling or rotting away) of exterior walls or other vertical supports.

(b)

Deterioration of roofs or other horizontal members.

(c)

Deterioration of exterior chimneys.

(d)

Deterioration of exterior stucco or mortar.

(e)

Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors.

(f)

Deterioration of any feature so as to create a hazardous condition that could lead to a claim that demolition is necessary for the public safety.

Enforcement. All work performed pursuant to a certificate of appropriateness issued under this chapter shall conform to the specific requirements of this chapter and the Uniform Code. It shall be the duty of the Zoning Officer to periodically inspect any such work to assure compliance. If it is determined that work is not being performed in accordance with the certificate of appropriateness, the Zoning Officer shall issue a stop-work order and all work shall immediately cease. Except for work to comply with the certificate, no further work shall be undertaken on the project as long as the stop-work order is in effect. The Planning Board shall receive copies of all correspondence from the Zoning Officer to the owner of the property.

Violations.

(1)

Failure to comply with any of the provisions of this section shall be deemed a violation and the violator shall be liable to the penalties specified in Article XIII of this chapter.

(2)

Any person who demolishes, alters, constructs or permits a designated landmark or a property within a designated historical district to fall into a serious state of disrepair in violation of this chapter shall be required to restore the property to its appearance prior to the violation.

§ 200-37 FP-O Flood Plain Overlay District.

Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1)

Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.

(2)

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

(3)

Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.

(4)

Control filling, grading, dredging and other development which may increase erosion or flood damages.

(5)

Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

(6)

Qualify and maintain for participation in the National Flood Insurance Program.

Objectives. The objectives of this section are:

(1)

To protect human life and health.

(2)

To minimize expenditure of public money for costly flood control projects.

(3)

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

(4)

To minimize prolonged business interruptions.

(5)

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard.

(6)

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood-blight areas.

(7)

To provide that developers are notified that property is in an area of special flood hazard.

(8)

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

General provisions.

(1)

Lands to which this section applies. This section shall apply to all areas of special flood hazard within the Village of Cuba Village.

(2)

Basis for establishing the areas of special flood hazard.

(a)

The areas of special flood hazard have been identified by the Federal Insurance Administration through a scientific and engineering report entitled the "Flood Insurance Study for the Cuba Village," dated April 17, 1978, with accompanying flood insurance rate maps and Flood Boundary and Floodway Maps.

(b)

The Flood Insurance Study document is hereby adopted and declared to be a part of this section. The Flood Insurance Study and maps are on file at the Village Office, 15 South Main Street, Cuba, New York 14569.

(3)

Interpretation, conflict with other laws.

(a)

This section has been developed in response to revisions to the National Flood Insurance Program through November 1, 1989, and shall supersede all previous laws and ordinances adopted for the purpose of establishing and maintaining eligibility for flood insurance.

(b)

In their interpretation and application, the provisions of this section shall be held to be the minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

(4)

Overlay district. The FP-O District shall not be independently mapped upon the Zoning Map, but shall be mapped in conjunction with an underlying district. The area within the FP-O District shall be identical to the areas of special flood hazard within the Village of Cuba Village. The Zoning Map serves to provide a close approximation of the special flood hazard area. The FIRM Maps and Flood Boundary and Floodway Map shall be used to determine the exact legal boundaries of the special flood hazard area.

(5)

Uses permitted; dimensional requirements. The uses permitted and the dimensional requirements for the FP-O District shall be determined by the regulations specified in this Article for the primary or underlying zone district.

(6)

Penalties for offenses. Penalties for noncompliance with these regulations are specified in Article XIII of this chapter. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under § 200-37G will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

(7)

Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of Cuba Village, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

Administration.

(1)

Designation of the local administrator.

(a)

The Zoning Officer is hereby appointed local administrator to administer and implement this section by granting or denying floodplain development permit applications in accordance with its provisions.

(b)

Prior to approving a floodplain development permit for the construction, expansion, demolition or substantial alteration of any building or the change in use of any land area or building within an area of special flood hazard, the Zoning Officer shall refer all information and documentation to the Planning Board. The Planning Board shall review the information and recommend approval or denial of the permit, in writing, to the Zoning Officer.

(c)

The Planning Board, prior to reaching its decision, may request an advisory opinion from the Village Engineer and/or the Village Attorney. The Planning Board shall notify the Zoning Officer of its decision, and the Zoning Officer, acting on the written direction of the Planning Board, shall either approve or deny the permit.

(2)

Establishment of floodplain development permit. A floodplain development permit shall be obtained before the start of construction or any development, including the placement or replacement of manufactured dwellings, mobile homes or recreational vehicles, within the area of special flood hazard as established in § 200-37C(2). Application for a floodplain development permit shall be made on forms furnished by the Zoning Officer and may include but not be limited to plans, in quadruplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.

(a)

Application stage. The following information is required where applicable:

[1]

Elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures.

[2]

Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.

[3]

When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria of § 200-37E(1)(c).

[4]

A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria of § 200-37E(2)(b)[2].

[5]

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(b)

Construction stage. Upon placement of the lowest floor or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the Zoning Officer a certificate of the elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by the same. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Zoning Officer shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.

(3)

Duties and responsibilities of the Zoning Officer. The duties of the Zoning Officer shall include but not be limited to:

(a)

Permit application review. The Zoning Officer shall:

[1]

Review all floodplain development permit applications to determine that the requirements of this section have been satisfied.

[2]

Review all floodplain development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

[3]

Review all floodplain development permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purposes of this section, "adversely affects" means physical damage to adjacent properties. An engineering study may be required of the applicant for this purpose.

[a]

If there is no adverse effect, then the permit shall be granted consistent with the provisions of this section.

[b]

If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit.

[4]

Review all floodplain development permits for compliance with the provisions of § 200-37E(1)(e), Encroachments.

(b)

Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 200-37C(2), Basis for establishing the areas of special flood hazard, the Zoning Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 200-37E(2), Specific standards, and § 200-37F, Floodways.

(c)

Information to be obtained and maintained. The local administrator shall:

[1]

Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar, of all new or substantially improved structures and whether or not the structure contains a basement or cellar.

[2]

For all new or substantially improved floodproofed structures:

[a]

Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed.

[b]

Maintain the floodproofing certifications required in § 200-37E.

[3]

Maintain for public inspection all records pertaining to the provisions of this section including variances when granted and certificates of compliance.

(d)

Alteration of watercourses. The local administrator shall:

[1]

Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York 10278.

[2]

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(e)

Interpretation of FIRM boundaries.

[1]

The Zoning Officer shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions.

[2]

Base flood elevation data established pursuant to § 200-37C(2) and/or § 200-37D(3)(b), when available, shall be used to accurately delineate the areas of special flood hazard.

[3]

The Zoning Officer shall use flood information from any other authoritative source, including historical data, to establish the limits of the areas of special flood hazard when base flood elevations are not available.

(f)

Stop-work orders.

[1]

All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the Zoning Officer. Disregard of a stop-work order shall be subject to the penalties described in Article XIII of this chapter.

[2]

All floodplain development found noncompliant with the provisions of this section and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the Zoning Officer. Disregard of a stop-work order shall be subject to the penalties described in Article XIII of this chapter.

(g)

Inspections. The Zoning Officer and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of either the floodplain development permit or the approved variance.

(h)

Certificate of compliance.

[1]

It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Zoning Officer stating that the use of any building or land is in conformance with the requirements of this section.

[2]

All other development occurring within the designated flood hazard area will have upon completion a certificate of compliance issued by the Zoning Officer.

[3]

All certificates shall be based upon the inspections conducted subject to § 200-37D(3)(g) and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit.

Provisions for flood hazard reduction.

(1)

General standards. In all areas of special flood hazard, the following standards are required:

(a)

Anchoring.

[1]

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

[2]

All manufactured dwellings shall be installed using methods and practices which minimize flood damage. Manufactured dwellings must be elevated and anchored to resist flotation, collapse or lateral movement. Manufactured dwellings shall be elevated in accordance with the provisions of § 200-37E(2)(b)[1]. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

[3]

All recreational vehicles placed on-site for longer than 180 consecutive days and not fully licensed and ready for highway use must be elevated and anchored to resist flotation, collapse or lateral movement. Recreational vehicles shall be elevated in accordance with the provisions of § 200-37E(2)(b)[4].

(b)

Construction materials and methods.

[1]

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

[2]

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(c)

Utilities.

[1]

Electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required.

[2]

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

[3]

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.

[4]

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(d)

Subdivision proposals.

[1]

All subdivision proposals shall be consistent with the need to minimize flood damage.

[2]

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

[3]

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

[4]

Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or five acres.

(e)

Encroachments.

[1]

All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the areas of special flood hazard set forth in § 200-37D(3)(a), Permit application review. This may require the submission of additional technical data to assist in the determination.

[2]

In all areas of special flood hazard in which base flood elevation data is available pursuant to § 200-37C(2) or 200-37D(3)(b) and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.

[3]

In all areas of the special flood hazard where floodway data is provided or available pursuant to § 200-37C(2), the requirements of § 200-37F, Floodways, shall apply.

[4]

Notwithstanding any other provisions of this chapter, certain development in Zones A1 through 30, AE and AH may be permitted to increase the water surface elevation of the base flood (e.g., dams, levees, etc.), provided that the Village Board endorses an application to the Federal Emergency Management Agency (FEMA), the permit application provides all necessary data and analyses and pays all fees and FEMA approval is received.

[5]

The Zoning Officer shall require within Zones AH and AO adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(2)

Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 200-37C(2), Basis for establishing the areas of special flood hazard, and § 200-37D(3)(b), Use of other base flood and floodway data, the following standards are required:

(a)

Residential construction. New construction and substantial improvements of any resident structure shall:

[1]

Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation.

[2]

Have fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access or storage in an area other than a basement and which are in an area of special flood hazard, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:

[a]

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be required.

[b]

The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.

[c]

Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

[3]

Within any AO Zone, have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified).

[4]

Within any A Zone, when no base flood data are available, have the lowest floor elevated at least three feet above the highest adjacent grade.

(b)

Manufactured dwellings and recreational vehicles.

[1]

A manufactured dwelling that is placed or substantially improved on a site in an A1 through 30, AE or AH Zone that is either outside of a manufactured dwelling park or subdivision in a new manufactured dwelling park or subdivision, in an expansion to an existing manufactured dwelling park or subdivision, or in an existing manufactured dwelling park or subdivision on which a manufactured dwelling has incurred substantial damage as the result of a flood shall be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

[2]

A manufactured dwelling to be placed or substantially improved on a site located in an A1 through 30, AE or AH Zone, in a manufactured dwelling park or subdivision as herein defined, that is not subject to the provisions of Subsection E(2)(b)[1] shall be elevated so that either:

[a]

The lowest floor of the manufactured home is at or above the base flood elevation; or

[b]

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system.

[3]

New construction or substantial improvements of manufactured dwellings in Zone A, where no base flood elevation data are available, shall be elevated at least three feet above the highest adjacent grade.

[4]

All recreational vehicles placed on-site for longer than 180 consecutive days and not fully licensed and ready for highway use must be elevated in accordance with § 200-37E(2)(b)[1], [2] or [3].

[5]

Manufactured dwellings and recreational vehicles, on-site for longer than 180 consecutive days, with fully enclosed areas below the lowest floor, must meet the requirements of § 200-37E(2)(a)[2].

(c)

Nonresidential construction. In Zones A1 through 30, AE and AH, new construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either have the lowest floor, including basement or cellar, elevated to or above the base flood elevation or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

[1]

In an AO Zone, all new construction and substantial improvements shall have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified).

[2]

In an A Zone, when no base flood data are available, have the lowest floor elevated at least three feet above the highest adjacent grade.

[3]

Within any AO Zone, have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified).

[4]

Within an A Zone, when no base flood data are available, have the lowest floor elevated at least three feet above the highest adjacent grade.

[5]

If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:

[a]

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be required.

[b]

The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.

[c]

Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

[6]

If the structure is to be floodproofed:

[a]

A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

[b]

A licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level) to which the structure is floodproofed.

(d)

The Zoning Officer shall maintain on record a copy of all such certificates noted in this section.

Floodways. Located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by §§ 200-37C(2) and 200-37D(3)(b) all encroachments, including fill, new construction, substantial improvements and other development shall be prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

Variance procedure.

(1)

Appeals Board.

(a)

The Board of Appeals as established by the Village Board shall hear and decide appeals and requests for variances from the requirements of this section.

(b)

The Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Zoning Officer in the enforcement or administration of this section.

(c)

Those aggrieved by the decision of the Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

(d)

In passing upon such applications, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section and:

[1]

The danger that materials may be swept onto other lands to the injury of others.

[2]

The danger to life and property due to flooding or erosion damage.

[3]

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

[4]

The importance of the services provided by the proposed facility to the community.

[5]

The necessity to the facility of a waterfront location, where applicable.

[6]

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

[7]

The compatibility of the proposed use with existing and anticipated development.

[8]

The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.

[9]

The safety of access to the property in times of flood for ordinary and emergency vehicles.

[10]

The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding.

[11]

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

[12]

The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

(e)

Upon consideration of the factors of § 200-37G(1)(d) above and the purposes of this section, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

(f)

The Zoning Officer shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request.

(2)

Conditions for variances.

(a)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that § 200-37G(1)(d)[1] through [12] have been fully considered. As the lot size increases beyond the one-half-acre, the technical justification required for issuing the variance would normally increase.

(b)

Variances may be issued for the repair or rehabilitation of historic structures upon determination that:

[1]

The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure.

[2]

The variance is the minimum necessary to preserve the historic character and design of the structure.

(c)

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:

[1]

The conditions specified in this Subsection G(2) are met.

[2]

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

(d)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(e)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(f)

Variances shall only be issued upon receiving written justification of:

[1]

A showing of good and sufficient cause.

[2]

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

[3]

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(g)

Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.

§ 200-38 HC-O Health Care Overlay District.

Purpose.

(1)

The HC-O Health Care Overlay District is intended to promote, protect, preserve and enhance neighborhoods which are characterized by a mixture of residential, medical office and health care uses. District regulations ensure that health care uses remain compatible with housing, while permitting the area to develop a distinctive character through the consolidation and clustering of medical and health care activities.

(2)

The HC-O District may be overlaid upon any part of any residential district established pursuant to this chapter. When so mapped, the HC-O District shall provide optional regulations in addition to those applicable in the underlying district; provided, however, that any lot may be used in accordance with the regulations applicable in the underlying district in the same manner as though the HC-O District did not exist.

Permitted principal uses. The following shall be permitted principal uses in the HC-O Health Care Overlay District:

(1)

Medical and dental clinics or offices including the conversion of any lawfully existing structure for such purposes or the construction of new structures for such uses.

(2)

Buildings of mixed residential and health care use.

(3)

Medical research facilities.

(4)

Medical and health service facilities, such as nursing homes, supervised residential institutions, rehabilitation therapy centers, and including residential facilities for staff, patients and residents of such institutions.

(5)

Hospitals, including such educational, clinical, research and convalescent facilities as may be integral to the hospital operation.

Permitted accessory uses. The following shall be permitted accessory uses in the HC-O Heath Care Overlay District:

(1)

Customary accessory buildings or structures.

(2)

Required off-street parking and loading pursuant to Article XI of this chapter.

(3)

Signs pursuant to Article XII of this chapter.

Dimensional requirements. The building height, lot area, open space and yard dimension requirements applicable in the HC-O District shall be the same as those applicable in the underlying district except that:

(1)

Maximum lot coverage by principal and accessory buildings shall be 40%.

(2)

Setbacks of nonresidential structures from contiguous residential lot lines shall be not less than 30 feet.

Other provisions and requirements for uses in the HC-O District. The following additional requirements and conditions shall apply to and be complied with all permitted and permissible uses in the HC-O District:

(1)

No nonresidential use shall be established by the conversion of any structure or premises originally designed for residential use unless the existing residential character of the building shall be retained. No design or structural changes, additions or extensions shall be made to the front or sides of any such existing residential structure except as necessary to provide required means of egress, light and ventilation.

(2)

The design of new buildings to be constructed within the HC-O District shall be approved by the Planning Board and shall be compatible with the character of the adjacent residential area.

(3)

No outdoor storage shall be permitted.

(4)

No exterior lighting shall be erected, operated or maintained in such a manner as to create an annoyance to surrounding properties or so as to create a hazard to traffic circulation.

(5)

No permitted or permissible use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas, fumes, noise, vibration or glare.