[1]
Editor's Note: See also the Area Regulations
Chart included at the end of this chapter.
For the purposes of promoting the health, safety,
morals and the general welfare of the community, the Village of West
Carthage is hereby divided into the following nine classes of districts:
Floodplain Districts
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Conservation Districts
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Residential R-1 Districts
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Residential R-2 Districts
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Residential R-3 Districts
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Business Districts
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Arterial Service Districts
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Industrial Districts
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Planned Development District
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A.
The boundaries of the districts are established as
shown on the map entitled "The Official Zoning Map of the Village
of West Carthage" and called the "Zoning Map" in this chapter. The
Zoning Map, together with all the explanatory material on it, is made
a part of this chapter.[1]
[1]
Editor's Note: A copy of the Zoning Map is
included at the end of this chapter.
B.
The Village Clerk shall certify the Zoning Map as
part of this chapter and keep it on file in the Village Clerk's office.
A.
Floodplain Districts are indicated on the Zoning Map
as, for the most part, those areas of the Village along the shore
of the Black River and Lake Creek which appear to be subject to poor
drainage and flooding if the level of the river rises above normal
maximums or if sudden snow melt or heavy rains should create flood
conditions. Within such hazardous areas, further developments of a
permanent nature are prohibited except for the following, as granted
by special permit as approved by the Planning Board, which shall be
permitted:
B.
Area, yard and height requirements. In Floodplain Districts, development permits for the construction of structures may be granted by the Planning Board in accordance with the procedures of Article VII.
(1)
Required lot area. Lots shall be not less than 15,000
square feet in area. The minimum lot width at the front of the building
shall be not less than 90 feet.
(2)
Percentage of lot coverage. All buildings, including
accessory buildings, shall cover not more than 20% of the area of
the lot.
(3)
Front yards. Each lot shall have a front yard with
a minimum depth of 50 feet.
(4)
Rear yards. There shall be a rear yard of not less
than 40 feet.
(5)
Side yards. Each lot shall have two side yards, neither
one of which shall be less than eight feet in width at the front and
rear building lines. The total side width shall be not less than 24
feet.
(6)
Height. Dwelling shall not exceed two stories in height.
(7)
Private garage and accessory building regulations.
No garage or accessory building shall be placed nearer to a side or
rear property line than five feet.
Areas of the Village adjacent to Floodplain
Districts which may be subject to flooding in extremely adverse situations
shall be considered as buffer zones and indicated as Conservation
Districts.
A.
Within Conservation Districts, no use of land is permitted
other than as permitted in Residential R-1 Districts, provided that:
(1)
No basement or underground storage of any kind is
to be constructed.
(2)
The level of the first floor should be at least two
feet above the elevation of the one-hundred-year flood, as defined
by the Federal Insurance Administration and its official Flood Insurance
Rate Maps, as revised.
(3)
The fill so placed to support the structure shall
be highly compacted and adequately protected by riprap or other suitable
means to protect the embankment against flooding.
B.
Area, yard, and height requirements. In Conservation
Districts, all structures and uses shall be subject to the following
regulations.
(1)
Required lot area. Lots shall be not less than 15,000
square feet in area. The minimum lot width at the front of the building
shall be not less than 90 feet.
(2)
Percentage of lot coverage. All buildings, including
accessory buildings, shall cover not more than 20% of the area of
the lot.
(3)
Front yards. Each lot shall have a front yard with
a minimum depth of 50 feet.
(4)
Rear yards. There shall be a rear yard of not less
than 40 feet.
(5)
Side yards. Each lot shall have two side yards, neither
one of which shall be less than eight feet in width at the front and
rear building lines. The total side width shall be not less than 24
feet. No building shall be constructed less than 15 feet from the
line that denotes the elevation of the one-hundred-year flood.
(6)
Height. Dwellings shall not exceed two stories in
height.
(7)
Private garage and accessory building regulations.
No garage or accessory building shall be placed nearer to a side or
rear property line than five feet except when such building will be
within 15 feet of the line that denotes the elevation of the one-hundred-year
flood.
A.
B.
Area, yard and height regulations. In Residential
R-1 Districts, all structures and uses shall be subject to the following
regulations:
(1)
Required lot area. Lots shall be not less than 15,000
square feet in area, and the minimum lot width at the front building
line shall be 90 feet.
(2)
Percentage of lot coverage. All buildings, including
accessory buildings, shall cover not more than 20% of the area of
the lot.
(3)
Front yards. Each lot shall have a front yard with
a minimum depth of 50 feet, except that if there are principal structures
fronting on the same street within 300 feet of either or both of the
side lines of the lot, the front yard depth shall be equal to the
average of the setbacks of the nearest of such structures on each
side or to the average of such setback and 50 feet if there is such
a structure on one side only, but not less than 20 feet in any case.
In the case of a corner lot, there shall be provided on each street
a yard equal in depth to the required front yard depth on such street.
(4)
Rear yards. There shall be a rear yard not less than
40 feet deep.
(5)
Side yards. Each lot shall have two side yards with
a total width of not less than 22 feet, neither one of which may be
less than eight feet in width at the front and rear building lines.
When a lot less than 70 feet in width exists in separate ownership
on the date of the enactment of this chapter, the total width of the
two side yards may be reduced by one foot for each foot of lot width
less than 70 feet, but not to a total width of less than 12 feet.
When the total side yard width becomes less than 16 feet, the two
side yards shall be of equal width.
(6)
Height. Dwellings shall not exceed two stories in
height.
(7)
Private garage and accessory building regulations.
No garage or accessory building shall be placed nearer to a side or
rear property line than five feet, and for each foot the height of
such building exceeds 15 feet, the offset from the side and rear property
lines shall be increased by one foot. No detached garage or other
outbuilding shall be constructed nearer the front property line than
the front of the main building as located on the lot, or, in the case
of a corner lot, nearer to the side street line than a distance equal
to half the width of the lot. Where a garage is constructed as a structural
part of a dwelling, it may extend into an interior side yard, required
under this chapter, for a distance not to exceed three feet.
A.
In Residential R-2 Districts, only the following buildings,
structures and uses shall be permitted:
B.
Area, yard, and height regulations. In Residential
R-2 Districts, all structures and uses shall be subject to the following
regulations:
(1)
Required lot area. Lots shall not be less than 9,600
square feet, and the minimum lot width at the front building line
shall be 75 feet. For two-family dwellings, the required lot area
shall not be less than 18,000 square feet and the minimum lot width
shall be 100 feet.
(2)
Percentage of lot coverage. All buildings, including
accessory buildings, shall cover not more than 25% of the area of
the lot.
(3)
Front yards. Each lot shall have a front yard with
a minimum depth of 40 feet, except that if there are principal structures
fronting on the same street within 300 feet of either or both of the
side lines of the lot, the front yard depth shall be equal to the
average of the setbacks of the nearest of such structures on each
side or to the average of such setback and 40 feet if there is such
a structure on one side only, but not less than 20 feet in any case.
In the case of a corner lot, there shall be provided on each street
a yard equal in depth to the required front yard depth on such street.
(4)
Rear yards. There shall be a rear yard not less than
40 feet deep.
(5)
Side yards.
(a)
Each lot shall have two side yards with a total
width of not less than 16 feet, neither one of which may be less than
six feet in width at the front and rear building lines. When a lot
less than 60 feet in width exists in separate ownership on the date
of the enactment of this chapter, the total width of the two side
yards may be reduced by six inches for each foot of lot width less
than 60 feet, but not to a total width of less than 10 feet. When
the total side yard width becomes less than 12 feet, the two side
yards shall be of equal width.
(b)
For two-family dwellings the total width of
the two side yards shall be increased by 10 feet, neither one of which
may be less than 10 feet in width at the front and rear building lines.
(6)
Height. Dwellings shall not exceed two stories in
height.
(7)
Private garage and accessory building regulations.
No garage or accessory building shall be placed nearer to a side or
rear property line than five feet, and for each foot the height of
such building exceeds 15 feet, the offset from the side and rear property
lines shall be increased by one foot. No detached garage or other
outbuilding shall be constructed nearer the front property line than
the front of the main building as located on the lot, or, in the case
of a corner lot, nearer to the side street line than a distance equal
to half the width of the lot.
A.
In Residential R-3 Districts, only the following structures
and uses shall be permitted:
(1)
Multiple-family dwellings if the structure or structures
contain more than two dwelling units.
(2)
Single-family dwellings if such project contains five
or more contiguous lots.
(3)
Mobile home parks.
(4)
Parks, recreational facilities for public use.
(5)
Fire protection and other essential services.
B.
Area, yard, and height regulations. In Residential
R-3 Districts, all structures and uses shall be subject to the following
regulations:
(1)
Required lot area. Lots for single-family dwellings,
shall not be less than 9,600 square feet, and the minimum lot width
at the front building line shall be 75 feet. For two-family dwellings,
the required lot area shall not be less than 18,000 square feet and
the minimum lot width shall be 100 feet. Lots for multifamily dwellings
shall not be less than 58,000 square feet. Maximum density shall not
exceed 10 dwelling units per gross acre.
(2)
Percentage of lot coverage. All buildings, including
accessory buildings, shall cover not more than 25% of the area of
the lot.
(3)
Front yards. Each lot shall have a front yard with
a minimum depth of 40 feet, except that if there are principal structures
fronting on the same street within 300 feet of either or both of the
side lines of the lot, the front yard depth shall be equal to the
average of the setbacks of the nearest of such structures on each
side or to the average of such setback and 40 feet if there is such
a structure on one side only, but not less than 20 feet in any case.
In the case of a corner lot, there shall be provided on each street
a yard equal in depth to the required front yard depth on such street.
(4)
Rear yards. There shall be a rear yard not less than
40 feet deep.
(5)
Side yards.
(a)
Each lot shall have two side yards with a total
width of not less than 16 feet, neither one of which may be less than
six feet in width at the front and rear building lines. When a lot
less than 60 feet in width exists in separate ownership on the date
of the enactment of this chapter, the total width of the two side
yards may be reduced by six inches for each foot of lot width less
than 60 feet, but not to a total width of less than 10 feet. When
the total side yard width becomes less than 12 feet, the two side
yards shall be of equal width.
(b)
For two-family dwellings, the total width of
the two side yards shall be increased by 10 feet, neither one of which
may be less than 10 feet in width at the front and rear building lines.
(c)
For multifamily dwellings, each side yard shall
be 25 feet and the distance between structures shall be 25 feet.
(6)
Height. Height of structures shall be restricted to
2 1/2 stories, and to ensure adequate provisions for light and
air, all buildings or structures other than single- and two-family
dwellings shall not extend above any of the planes rising upward over
the lot from the front and rear property lines and from each of the
side property lines, which planes are inclined at a slope of one foot
vertically for each one foot horizontally.
A.
Central Business Districts indicated on the Zoning Map are, for the
most part, those areas of the Village on Bridge Street in the general
vicinity of the Main Street intersection. The area east of Bridge
Street and north of South Main Street to the Pleasant Lake Creek extension
is also zoned Central Business District. Business districts are those
areas where certain commercial activities occur which are not adjacent
to a main arterial highway. In Business Districts, only the following
structures and uses shall be permitted:
[Amended 8-15-2011 by L.L. No. 3-2011]
B.
Area, yard, and height regulations. In Central Business
Districts, all structures and uses shall be subject to the following
regulations:
(1)
Minimum lot size. Minimum lot size shall be 12,000
square feet. Lot width shall be a minimum of 90 feet.
(2)
Percentage of lot coverage. All structures, including
accessory structures, shall cover not more than 40% of the area of
the lot.
(3)
Front yards. Required front yards shall be 40 feet,
but there may be on-site parking in the front yard except within 10
feet of the property line.
(4)
Rear yards. Each lot shall have a rear yard not less
than 20 feet in depth, except that if a lot abuts a residential district
or is occupied by a structure used wholly or partly for dwelling purposes
other than by one person acting as a janitor or caretaker, it shall
have a rear yard not less than 40 feet in depth.
(5)
Side yards.
(a)
For structures to be used wholly or partially
for dwelling purposes other than by one person acting as a janitor
or caretaker, side yards shall be the same as required for Residential
R-3 Districts.
(b)
For structures designed wholly for nonresidential
use, the total of the two side yards shall be 16 feet minimum, with
one yard as small as zero feet except, that when a lot in a Central
Business District adjoins a lot in a residential district at the side,
a side yard shall be provided on the residential side of the business
lot, with a width not less than that of the narrowest yard required
in the adjoining residential district.
(6)
Height. Height shall be restricted to two stories.
(7)
Private garages and accessory buildings. Such structures
must be five feet from side and rear lot lines and comply with the
front yard requirements of the principal building.
[Amended 8-15-2011 by L.L. No. 3-2011]
A.
Arterial Service Districts are indicated on the Zoning Map as, for
the most part, those areas of the Village on either side of Broad
Street from Bridge Street to Champion Street. Uses of shared driveways
will be promoted whenever possible. In Arterial Service Districts
only the following structures and uses shall be permitted:
(1)
Retail stores, shops, banks, business offices, personal service establishments,
mortuaries and undertaking establishments.
(2)
Pet shops, veterinary establishments.
(3)
Commercial bus facilities.
(4)
Hotel/motel.
(5)
Other uses subject to a special permit approved by the Planning Board
are as follows:
(a)
Restaurants, bars, theaters, and recreational establishments
operated for profit.
(b)
Fast-food establishments, convenience stores, malls, shopping
centers.
(c)
Gasoline stations and automobile-related services.
(d)
Automobile sales, used-car sales facilities, sales or storage
of marine uses, recreational vehicles, trailers, mobile homes, manufactured
housing and agricultural implements sales.
(e)
Essential services.
(g)
Hotel/motel.
B.
Area, yard, and height regulations. In Arterial Service Districts,
all structures shall be subject to the following regulations:
(1)
Minimum lot size. Minimum lot size shall be 35,000 square feet, and
lot width shall be a minimum of 150 feet.
(2)
Percent of lot coverage. All structures, including accessory structures,
shall cover not more than 25% of the area of the lot.
(3)
Front yards. The required front yard shall be a minimum depth of
60 feet. The front yard shall be measured from the edge of the right-of-way
of the main highway.
(4)
Rear yards. The minimum rear yard shall be 40 feet.
(5)
Side yards. The minimum side yard shall be 25 feet.
(6)
Height. Height of structures shall be limited to not more than two
stories unless total automatic sprinkler protection, smoke vents and
a minimum of 20% openings are provided in walls facing opposite buildings,
in which case a maximum height of four stories is then permitted.
A.
Industrial Districts indicated on the Zoning Map are,
for the most part, those areas along the Black River from Liberty
Street to the northern edge of the Village, including the industrial
park bounded by Route 26 and the Twin Village Sewage Treatment Facility.
Residential uses are prohibited. This Zoning Chapter provides that,
in Industrial Districts, permitted structures and uses shall be by
special permit only.
(1)
Industrial buildings.
(2)
Warehouses.
(3)
Offices.
(4)
Industrial retail stores, building materials stores,
agricultural supply stores.
(5)
Auto repair facilities.
(6)
Drive-in theaters.
(7)
Kennels.
(8)
Construction or industrial equipment rental or sales
establishments.
(9)
Rail.
(10)
Trucking firms.
(11)
Essential services.
B.
Regulations and performance standards. In Industrial
Districts, all structures and uses shall be subject to the following
regulations:
(1)
Minimum lot size shall be one acre.
(2)
Percentage of lot coverage. All structures, including
accessory structures, shall cover not more than 40% of the area of
the lot.
(4)
Height. Maximum building height shall be two stories
unless total automatic sprinkler protection, smoke vents and a minimum
of 20% openings are provided in walls facing adjacent buildings, in
which case a maximum height of four stories is then permitted.
A.
General intent and objectives.
(1)
From time to time, Planned Development Districts may
be established in the Village and designated as specific locations
on the Zoning Map. The purpose for establishing such districts is
to allow compatible development of a variety of uses (e.g., residential,
commercial, recreational, historical, etc.) and to vary the strict
application of these regulations.
(2)
It is the intent of this Planned Development District
(PDD) section to provide flexible land use and design regulations
through the use of performance criteria so that small-to-large scale
neighborhoods or portions thereof may be developed within the Village
that incorporate a variety of residential types and nonresidential
uses and contain both individual building sites and common property
which are planned and developed as a unit. Such a planned unit is
to be designed and organized so as to be capable of satisfactory use
and operation as a separate entity without necessarily needing the
participation of other building sites or other common property in
order to function as a neighborhood. This section specifically encourages
residential development so that the growing demands for housing at
all levels may be met by greater variety in type, design and siting
of dwellings and by the conservation and more efficient use of land
in such developments. Planned developments do not require a mix of
residential and nonresidential uses to be considered for Planned Development
District status.
(3)
This section recognizes that while the standard land use functions (use and bulk) are appropriate for the regulation of land in some areas or neighborhoods, these controls represent a type of regulatory strictness which may be detrimental to the innovative techniques of quality land development contained in the Planned Development District concept. Further, this section recognizes that a rigid set of space requirements along with bulk and use specification would frustrate the application of this concept. Thus, where PDD techniques are deemed appropriate through the rezoning of land to a Planned Development District by the Village Board, the use and dimensional specifications found elsewhere in these regulations are herein replaced by an approval process based upon the performance criteria outlined in this section, Article V and conditions prescribed by the Planning Board and the Village Board.
B.
General requirements and review criteria. The following
are a list of the requirements that a proposal must meet to be considered
for PDD status:
(1)
Minimum area. The district must comprise at least
10 acres of contiguous land.
(2)
Ownership. The tract of land for a project may be
owned, leased or controlled either by a single person or corporation
or by a group of individuals or corporations. An application must
be filed by the owner or jointly by the owners of all property included
in a project. In the case of multiple ownership, the approved plan
shall be binding on all owners.
(3)
Location of PDD. The PDD shall be applicable to any
area of the Village where the applicant can demonstrate that the characteristics
of his holdings will meet the objectives of this section.
(4)
Permitted uses. The following are descriptions of
residential and nonresidential uses permitted in the PD District.
These uses may be mixed, separated or the development may accommodate
only one type of use (i.e., residential or nonresidential).
(a)
Residential uses. Residences may be of any variety
or type, including single-family dwellings, two-family dwellings and
multiple dwellings. No mobile home will be permitted.
(b)
Accessory, commercial, business, recreational,
historic, service and other nonresidential uses. Nonresidential uses
shall include retail and wholesale commercial operations, theaters,
places of amusement and recreation, cultural and historic facilities,
public and private parks, home occupations, community facilities,
restaurants, tourist facilities, marine uses. All such uses shall
be in keeping with the residential character of the proposed district
and adjacent areas:
[1]
The nonresidential uses of a commercial or business
nature may be in separate buildings or incorporated within two-family
or multifamily structures or in suitable combinations of these alternatives.
[2]
Customarily accessory or associated uses, such
as private garages, storage spaces, community activities, churches
and schools shall also be permitted as appropriate to the PDD.
(5)
Common property in the PDD. Common property is not
required to be considered for PDD status; however, it is often characteristic
of such proposals. Common property in a PDD is a parcel or parcels
of land, with or without the improvements thereon, the use and enjoyment
of which is shared by the owners and occupants of the individual building
sites. When common property exists in private ownership, satisfactory
arrangements must be presented for the improvement, operation and
maintenance of such common property and facilities, including private
street, drives, service and parking areas and recreational and open
space areas.
C.
Procedure. The following are procedural steps that
shall be followed when applying for PDD status:
(1)
Application for establishment of a Planned Development
District shall be made to the Village Board by the owner(s) of property
proposed to be included in the district.
(2)
The Village Board shall refer such application to
the Planning Board for consideration within seven working days of
receipt of such an application.
(3)
When reviewing the application, the Planning Board shall use the site plan review procedure as outlined in Article V.
(4)
After the Planning Board's review process is complete,
it shall transmit its recommendation for approval, approval with modifications
or disapproval to the Village Board within 10 days.
(5)
It is the Village Board's authority to review the
Planning Board recommendations and make the final decision on approval.
Within 45 days of receipt of the recommendations, the Village Board
must, following public notice, hold a public hearing on the proposal.
The Village Board shall approve, approve with modifications or deny
the rezoning after the public hearing.
(6)
If such an amendment is enacted, the permitted development
must be confined to the specific designated area and adhere to the
approved development plan and program. Anything different from this
constitutes a violation of these regulations. The Zoning Map shall
be amended to show the change and an article shall be added to this
text stating the requirements approved for that specific district.
Each PDD shall be numbered consecutively as part of its name.
(7)
In order to exceed any of the above time frames for
adoption of a PD District, there must be agreement by both the applicant
and the Village Board.
(8)
A PD District that is in effect shall only be expanded
if in compliance with original permits granted. Expansions requiring
new permits shall undergo the review process again.
(9)
As under Article V, the Village Board may also require guaranties to cover the development impact costs of public improvements (i.e., highways, water, sewer, etc.), local inspections, and other liabilities determined by the Village. The amounts of guaranties shall be recommended by a licensed engineer or architect retained by the Village. Phasing of the project may also be required.
D.
Additional procedures. Upon the approval of the Village of West Carthage Board of Trustees for the PDD, the applicant will begin a mandatory review and approval process by the Planning Board for each individual site, phase and/or subdivision as described under Article V.
[Added 10-22-2012 by L.L. No. 9-2012]