A.
Schools: public, parochial, private.
(1)
Adequate on-site parking and walkways shall be provided
to allow buses and private vehicles to discharge and pick up students.
Parking for visitors, administrators, and teachers shall be provided.
(2)
Three acres per 500 students shall be provided for
recreational purposes.
(3)
Adequate walkways shall be provided to accommodate
the entire student populations during fire drills.
(4)
Access for emergency equipment shall be provided.
(5)
Lighting shall be provided in all parking or pedestrian
areas. Bus loading areas shall have lighting levels of five footcandles.
B.
Neighborhood grocery stores.
(1)
Neighborhood grocery stores shall be located in residential
areas not closer than 1,500 feet to similar such uses.
(2)
Maximum retail floor space for such uses shall not
exceed 500 square feet.
(3)
Parking for such facilities shall be limited to not
more than 10 spaces nor less than five spaces.
(4)
Gasoline, diesel fuel, or kerosene sales are prohibited
in residential areas.
(5)
Trash receptacles shall be properly screened from
public view. Outdoor areas shall be kept clean and provide for snow
removal and storage.
(6)
Landscaping and screening may be required to reduce
impact on the character of the neighborhood.
(7)
Lighting shall be provided to ensure the safety of
the patrons, not to disturb the adjacent residential areas.
C.
Churches.
(1)
Adequate off-street parking shall be provided. One
space for each four seats shall be the minimum standard.
(2)
Signs shall be permanent. They shall be located near
the main entrance and shall not adversely detract from the visual
appearance of the structure or neighboring properties.
(3)
Uses of the church for community programs such as
day-care centers, fund-raising suppers, games of chance and the like
shall be subject to separate approval by the Planning Board.
D.
Individual mobile homes.
(1)
Individual mobile homes shall have a minimum interior
area of 600 square feet excluding additions or accessory structures.
(2)
Individual mobile home lots shall have the minimum
lot size and width as required in the R-3 District.
(3)
The mobile home shall be placed on a concrete slab
six inches thick or enclosed basement roughly the same dimensions
as the mobile home with adequate anchors. Skirting of permanent materials
shall be provided between the bottom of the mobile home and the ground.
(4)
Parking space shall be provided for two vehicles.
The driveway shall be a minimum of 12 feet wide and shall be constructed
of 10 inches of compacted gravel.
(5)
Fuel oil tanks shall be placed at the rear of the
mobile home not closer than five feet to any exit.
E.
Bars.
(1)
Bars shall not be located within 500 feet of the property
line of a church, school, park or playing field.
(2)
Off-street parking shall be provided as follows: one
space for every 50 square feet of patron space.
(3)
All solid waste, garbage, bottles, cans, etc., shall
be stored within the principal building or within a completely enclosed
accessory building or container.
(4)
Screening, fencing, or buffers may be required by
the Board to reduce the impact on adjacent uses or structures.
F.
Gasoline stations and commercial garages.
(1)
The flow, control and safety of traffic shall not
be adversely affected to an unreasonable degree.
(2)
No pump, lubricating or other device shall be located
closer to a front or side property line than 20 feet.
(3)
No major repair work shall be conducted outside of
the structure. All automobile parts, dismantled vehicles and similar
articles shall be stored within the structure.
(4)
Storage of fuel in underground tanks shall conform
to appropriate regulations.
(5)
The site shall have frontage of at least 50 feet on
any street for each curb cut requested. Curb cuts shall be no more
than 40 feet in width and shall not break into the intersection radii.
(6)
No gasoline station or commercial garage shall have
a vehicular entrance closer to an entrance to a public school, church,
hospital, public park, playground or fire station than 200 feet.
G.
Sales, rental and/or storage operations for motor
vehicles, marine uses, recreation vehicles, trailers, mobile homes,
manufactured housing and agricultural implements.
(1)
The flow, control and safety of traffic shall not
be adversely affected to an unreasonable degree.
(2)
Sufficient space shall be provided so as to enable
pedestrian inspection of sales units.
(3)
A buffer strip shall be provided and maintained between
the street pavement and the display area.
(4)
Lighting shall be provided to ensure safety of pedestrians
at night and reasonable illumination of display areas. Lighting shall
be provided on posts or standards. Strings of lights shall be prohibited,
as shall materials designed to attract attention by reflection, flashing
or movement.
(5)
Such operations shall have service facilities for the same equipment and these shall meet the special requirements for automobile service stations and public garages in Subsection F above.
(6)
The lot where the products are displayed and parking
spaces on lot shall be constructed of all-weather (e.g., gravel, paved,
etc.) materials.
H.
Bed-and-breakfast.
[Added 4-11-2011 by L.L. No. 2-2011]
(1)
The dwelling shall be occupied as a principal residence by its owners
during any period of time in which it is also being used and occupied
as a bed-and-breakfast.
(2)
There shall be no separate kitchen facilities for the use of registered
guests.
(3)
No meal may be served or provided in any manner except breakfast
to registered guests.
(4)
No special exception approval shall be issued except after the Village
Planning Board's receipt and consideration of written inspection
reports from the Jefferson County Fire Prevention and Building Codes
Officer, stating that the premises is safe for bed-and-breakfast use,
and no such special exception shall be approved except with a condition
authorizing continued inspections as need arises by the Jefferson
County Fire Prevention and Building Codes Officer.
(5)
Each floor and each guest bedroom shall be equipped with a working
smoke alarm and carbon monoxide detector.
(6)
No guest may be registered for more than seven consecutive nights.
The owner shall maintain a guest register and shall preserve registration
records for a minimum of three years. The register and all records
shall be made available for inspection by the Jefferson County Building
Codes Officer or his designee.
(7)
The building shall be in compliance with all applicable zoning, building,
fire, electrical and plumbing codes, as well as Sections AJ701.1 to
AJ701.4 of the Residential Code of the state for such use.
(8)
The dwelling shall not be altered in a manner that would cause the
premises to differ from its residential character, nor shall any extensions
or additions to the dwelling be made for the purpose of renting such
space for overnight accommodations. Applicants shall provide drawings
approved by the Jefferson County Building Codes Officer for any proposed
interior renovations affecting rooms which are to be rented.
(9)
Outbuildings detached from the principal dwelling shall not be for
the purpose of a bed-and-breakfast establishment.
(10)
Parking shall be in a designated area, excluding front yards
and terraces. The area is to be constructed of blacktop, concrete,
or compacted stone. At least two off-street parking spaces shall be
required for the family residing on the premises, in addition to not
less than one off-street parking space for each lodging room. Each
parking space must be a minimum of nine feet by 18 feet. A parking
area constructed of an impervious material that contains greater than
eight parking spaces will require a drainage plan.
(11)
No bed-and-breakfast establishment shall be permitted in an
individual mobile home or mobile home park.
(12)
The Planning Board shall specify the minimum amount and location
of landscaping and buffer screening to ensure that the use does not
create a nuisance for adjoining property owners.
(13)
Such uses shall not be granted if the essential character of
a lot or structure within the residential district, in terms of use,
traffic generation or appearance, will be changed in the slightest
degree by the occurrence of such occupations or activities.
(14)
The Planning Board shall have the right to impose and include
additional conditions as it may deem necessary to effectuate the purpose
of this chapter.
(15)
A zoning permit shall be obtained from the Zoning Enforcement
Officer. Such permit shall be revoked should the home occupation at
any time not meet the above conditions. Further, any permit shall
become null and void after one year from the date such permit is granted
unless the home occupation has been established and operating within
said one-year period.
A.
Authority. The Village Board of Trustees of the Village
of West Carthage, pursuant to the authority granted by Article 7 of
the Village Law and Articles 2 and 3 of Municipal Home Rule Law of
the State of New York, hereby enacts as follows.
B.
Statement of purpose and findings. The Village Board
of Trustees of the Village of West Carthage has determined adult entertainment
businesses exhibit serious objectionable operational characteristics
which can lead to significant adverse impacts on the surrounding community
and that the unrestrained proliferation of such businesses is inconsistent
with existing development and future plans for the Village of West
Carthage in that adult entertainment businesses often result in influences
on the community which increases the crime rate and undermine the
economic, moral and social welfare of the community. The deleterious
effects of these businesses change the economic, social and moral
character of the existing community and adversely affect existing
businesses and community and family life. Therefore, the Village Board
of Trustees of the Village of West Carthage recognizes that special
regulation is necessary in order to prevent the proliferation of adult
entertainment businesses and to ensure that the effects of such businesses
will not adversely affect the health, safety and economic well-being
of the community.
C.
Title. This section shall be known as "adult entertainment
use regulations."
D.
ADULT BOOKSTORE
ADULT ENTERTAINMENT USES GENERALLY
ADULT MOTION-PICTURE THEATER
BUSINESS
DISSEMINATION
MASSAGE
MASSAGE ESTABLISHMENT
MASSAGE TECHNICIAN
NET FLOOR AREA
SEXUAL ACTIVITIES
SPECIFIED ANATOMICAL AREAS
Definitions. For the purpose of this section, the
following phrases and words shall have the meanings assigned below,
except in those instances when the context clearly indicates a different
meaning:
A business, whether retail or wholesale, having more than
10% of its net floor space aside for or 10% of the value of its stock-in-trade
recordings, books, magazines, periodicals, films, video tapes/cassettes
or other viewing materials for sale or viewing on or off the premises,
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to sexual activities or specified
anatomical areas.
Any business, including but not limited to those specifically
enumerated in this section, which has more than 10% of its net floor
space set aside for or 10% of the volume of its stock-in-trade devoted
to the display, viewing or dissemination of material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to sexual activity or specified anatomical areas, including
but not limited to any establishment that allows or promotes dancers,
performers or employees, whether male or female, to display specified
anatomical areas.
An enclosed or unenclosed building, structure or portion
thereof used for presenting materials distinguished or characterized
by an emphasis on matter depicting, describing or relating to sexual
activities or specified anatomical areas for observation by patrons.
Any person, firm, association, partnership, corporation or
other entity for profit.
The transfer of possession, custody, control or ownership
of, or the exhibition or presentation of any performance to a customer,
member of the public or business invitee of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to sexual activities or specified anatomical areas.
A method of treating the external parts of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
Any establishment having a fixed place of business where
massages are administered. This definition shall not be construed
to include hospital, nursing home, medical clinic or the office of
any health-care practitioner duly licensed by the State of New York,
nor barbershops or beauty salons in which massages are administered
only to the scalp, the face, the neck or the shoulders. This definition
shall not include a volunteer fire department, a volunteer rescue
squad or a nonprofit organization operating a community center, swimming
pool, tennis court or other educational, cultural, recreational or
athletic facilities and facilities for the welfare of the residents
of the area.
Any individual who administers a massage to another individual
at a massage establishment. This definition shall not include any
health-care practitioner duly licensed by the State of New York.
That portion of the building devoted to display, whether
for viewing or dissemination, of a business's stock-in-trade. This
shall not include entry areas, stockrooms, closets, storage area,
cash register areas or any area from which the public is excluded
or rest rooms whether public or private.
Any set of masturbation, fellatio, sadomasochism, homosexuality,
sexual intercourse or physical contact with a person's clothed or
unclothed genitals, pubic area, buttock or, if such person be female,
breast.
Human male or female genitals, pubic area or buttocks with
less than a full opaque covering or female breast with less than a
fully opaque covering of any portion thereof below the top of the
nipple or covered male genitals in a discernibly turgid state.
E.
Regulations. All adult entertainment uses shall be
subject to the following regulations:
(1)
All provisions of this chapter of the Code of the
Village of West Carthage applicable to any use located in the Arterial
Service District.
(3)
Such uses shall be a minimum of 500 feet from schools,
churches, public parks and recreation lands, municipal boundary lines
and other adult uses. Measurements of distances shall be from the
property lines of the uses, except in the separation from other adult
uses, in which case, the distance shall be measured from structure
to structure.
(4)
Such uses shall be subject to a special permit issued by the Village Planning Board in accordance with Article V of this chapter, as amended to time to time.
(5)
Such uses shall be subject to site plan review by the Planning Board in accordance with Article V of this chapter, as amended from time to time. In addition, the following specific site plan criteria shall apply to any adult use:
(a)
No exterior sign shall contain any photographic
or artistic representation of specified anatomical areas.
(b)
All building openings, entries, windows, doors,
etc., 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.
(c)
No adult use shall be established in any building
of which any part is used for residential purposes.
(d)
No residential use shall be established in any
building of which any part is used as an adult use establishment.
(e)
Stairways, sloping or rising paths, building
entrances and exits shall be illuminated. Spotlight type fixtures
attached to buildings should be avoided.
(f)
Adequate lighting shall be provided on a site
to ensure safe movement of persons and vehicles and for security purposes.
(g)
Parking.
[1]
One parking space for every 200 square feet
of gross floor area devoted to the adult use shall be provided.
[2]
All adult uses shall be provided with off-street
parking for all vehicles during typical peak use periods. Off-street
parking may be located off site, but must be within 300 feet of the
site. If the property on which such parking will be permitted is not
owned by the business operating the adult use then evidence, in writing,
must be submitted to the Village Planning Board indicating the owner's
agreement to allow patrons of the adult use access to such off-site
parking facilities.
A.
Multiple-structure housing developments.
(1)
The maximum density shall not exceed 10 dwelling units
per gross acre.
(2)
All on-site traffic access roads shall be composed
of all-weather materials and shall be built to Village standards.
The interior roadways shall enter or exit onto state, county, or local
highways only with the permission of those respective Highway Departments.
The curb cuts for such entrances shall not be closer than 125 feet
to any street intersection. Visibility on interior roadways or at
exits and entrances shall not be impeded so as to cause unsafe traffic
conditions as determined by the Village Planning Board.
(3)
The interior roadway circulation system shall not
be congested and shall allow for two-way flow of traffic. Common pedestrian
walks should be used to move people within the development so as to
avoid contact with vehicles. When residential development occurs along
major streets, the use of a buffer strip and marginal access street
shall be employed. There shall be two parking spaces for each dwelling
unit. All units shall have ready access to the interior roadways and
parking spaces. No interior roadway shall be closer than 20 feet to
any building.
(4)
Buildings shall be arranged in relation to each other
so that adequate provision for light, air, access and privacy is made.
Each dwelling unit shall have a minimum of two exterior exposures;
whenever possible, building units should be staggered.
(5)
Within one month of completion of construction, all
bare grounds must be seeded. Preservation of existing vegetation should
be considered in the initial design; the amount of grading on the
site shall be kept to a minimum. Where adjacent land use districts
are of a commercial, industrial or business nature, the Board may
require that proper screening and buffer zones be required to reduce
noise, dust and disturbances.
(6)
Recreational facilities shall be provided for all
housing developments. The following standards shall apply:
(7)
Man-made features such as stone walls, fences, etc.,
shall follow ridges and vales rather than straddle hills perpendicular
to contours; areas with poor drainage should be avoided. Drainage
shall be constructed to handle the capacity flows at any time.
(8)
Exterior lighting shall be in accordance with standards
established by the Planning Board to promote safety in parking areas,
interior roadways and on the lot adjacent to the dwellings.
B.
Mobile home parks.
(1)
All on-site traffic access roads shall be composed
of all-weather materials and should be built to Village standards.
The interior roadways shall enter or exit onto state, county or local
highways only with permission of those respective Highway Departments.
The curb cuts for such entrances shall not be closer than 125 feet
to any street intersection. Visibility on interior roadways or at
exits and entrances shall not be impeded so as to cause unsafe traffic
conditions.
(2)
The interior roadway circulation system shall not
be congested and shall allow for two-way traffic. Common pedestrian
walks should be used to move people within the park so as to avoid
contact with vehicles. Two parking spaces shall be provided for each
trailer space. At least two independent entrances and access roads
shall be required to serve any mobile home park having 20 or more
mobile homes. All mobile home sites shall face on an be serviced by
such internal roads.
(3)
Straight, uniform gridiron road patterns should be
avoided unless they can be relieved by mobile home clustering, landscaping
and an open space system. Culs-de-sac shall be provided in lieu of
closed-end roads with a turnaround having an outside roadway diameter
of at least 90 feet.
(4)
In addition to the two parking spaces per mobile home
site, one additional off-street parking space shall be provided for
each three mobile homes to accommodate guest parking, service or delivery
vehicles, boat or camp trailer storage or other parking or storage
demands. Such spaces shall be in centrally located parking areas without
interfering with traffic circulation on internal roads.
(5)
Recreational areas and open space shall be easily
accessible and shall have a total area equal to at least 15% of the
gross land area of the park and shall be fully maintained by the park
owner.
(6)
Each mobile home park shall be divided and marked
off into mobile home sites numbered consecutively, the numbers being
conspicuously posted on each lot with such number to correspond to
the lot shown on the site plan submitted.
(7)
Each mobile home site shall be 10,000 square feet.
In special cases where innovative park designs for mobile home parks
of 10 or more mobile homes provide clustering and allow for wide roads
or a greater amount of usable recreation area or open space, exceptions
may be granted. In no case, however, shall the site area be reduced
below 7,500 square feet. Minimum site width shall be 100 feet except
where exceptions noted above occur. The minimum site depth shall be
100 feet.
(8)
All mobile homes admitted to the park shall bear a
manufacturer's label which certifies, to the best of his belief, that
the home is in compliance with all applicable federal construction
and safety standards.
(9)
Each mobile home shall be provided with a skirt to
screen the space between the mobile home and the ground. The skirt
shall be of a permanent fire-resistance material and provide a finished
exterior appearance.
(10)
Each mobile home site shall be provided with
a concrete stand six inches thick with hold-down anchors at each corner.
(11)
Each mobile home site shall be provided with
at least two twenty-gallon metal or plastic garbage cans with tight-fitting
covers. It shall be the responsibility of the park owner to ensure
that rubbish and garbage shall be collected and properly disposed
of outside the mobile home park.
(12)
Fuel oil supply systems.
(13)
Every mobile home shall be provided with not
less than a one-hundred-ampere electrical system. All wiring fixtures
must have the Insurance Services Organization approval. All electrical
distribution lines shall be underground.
(14)
Adequate lighting shall be provided to illuminate
streets, driveways, and walkways for safe movement of vehicles and
pedestrians at night.
(15)
Service buildings, housing sanitation facilities,
and/or laundry shall be permanent structures complying with all applicable
ordinances and statutes regulating buildings, electrical installations,
and plumbing and sanitation systems. One lavatory and one flush toilet
shall be provided each for males and females for emergency use. They
shall be heated, well-ventilated, and have a sound-retardant wall
separating male and female facilities.
C.
Drive-in facilities.
(1)
Drive-in facilities shall include but not be limited
to gasoline service stations, banks, fast-food establishments and
grocery stores. These uses should be so designed as to minimize traffic
congestion for traffic entering or leaving the facility, as well as
through traffic on the adjacent street or highway.
(2)
Parking spaces should be arranged for ease of parking
and shall not interfere with free movement of vehicles and pedestrians
entering or exiting the property. Recommended minimum standards for
drive-in facilities shall be as follows:
(a)
Drive-in banks: one space per 200 square feet
of gross floor area, plus five stacking spaces (of nine feet by 18
feet) per drive-in teller and two exiting spaces.
(b)
Shopping and convenience: one space per 200
square feet of gross floor area for goods, personal services and repair.
(c)
Drive-in restaurants: one space per 50 square
feet of gross floor area, plus five stacking spaces per drive-in window
and two exit spaces.
(3)
Pedestrian walkways shall be well-defined by raised
walks and paving materials. Outdoor sitting areas and other amenities
for the pedestrian should be considered.
(4)
Buffer strips shall be provided between the street
and parking areas. They shall be landscaped using trees or shrubs
native to the northern climate.
(5)
Trash receptacles shall be properly screened from
public view. Service areas shall be kept clean and areas should be
provided for snow removal and storage.
D.
Shopping centers.
(1)
A proposed shopping center development shall be in
accordance with a unified site plan and architectural scheme. A site
plan proposed showing the layout of the center, occupancy commitments,
parking, drainage, utilities, landscaping, walkways and other similar
features shall be provided by the applicant.
(2)
Off-street parking shall be provided as follows:
|
Shopping Center Site
(square feet, gross floor area)
|
Spaces
| |
|---|---|---|
|
25,000 to 400,000
|
1 per 250 square feet of gross floor area
| |
|
400,000 to 600,000
|
1 per 225 square feet of gross floor area
| |
|
600,000 or more
|
1 per 200 square feet of gross floor area
|
(4)
Entrances and exits shall be of reinforced concrete
where vehicular turning movements are required.
(5)
Adequate lighting shall be provided in parking areas
to ensure public safety at night. In parking areas a lighting level
of one footcandle shall be provided. At building entrances five footcandles
shall be provided.
(6)
Parking spaces for handicapped shall be near building
entrances. Curb cuts shall be provided for wheelchairs.
(7)
Where large parking areas are present, landscaping
shall be employed to soften the visual impact. Evergreens should be
employed as a general rule. Space shall be provided for snow removal.
