In order to provide for the intent and purposes stated in § 205-2, Purpose and interpretation, no land shall be used and no building altered or used except in accordance with the standards set forth in this chapter.
A.
The attached Schedule of Uses (Table A) is hereby adopted and declared to be part of this chapter. Any use not listed on said Schedule of Uses is considered prohibited, except with regard to the Commercial/Canal (CC) District, for which uses are listed in § 205-28.[1]
[1]
Editor's Note: Table A is included at the end of this chapter.
B.
The attached Schedule of Bulk Regulations (Table B)
is hereby adopted and declared to be part of this chapter.[2]
[2]
Editor's Note: Table B is included at the end of this chapter.
C.
Supplementary interpretations.
(1)
Corner lots. Wherever a side or rear yard is adjacent
to a street, the standards for front yards shall apply.
(2)
Compliance.
(a)
Where two or more principal residential structures
are permitted by this chapter to be located on the same lot, the minimum
lot area per dwelling unit requirements must be complied with.
(b)
A residential lot of required or larger than
required size as set forth in this chapter shall not be reduced in
size for transfer of ownership if such lot as so subdivided will form
two or more lots which shall not be in compliance with the minimum
residential density for the district in which such lot or lots are
situated.
A.
Accessory buildings not appended to principal buildings
shall be located no closer to the principal building than 12 feet
or a distance equal to the height of each accessory building, whichever
is greater.
B.
In a One-Family Residential, One- and Two-Family Residential,
Multiple-Family Residential or Neighborhood Business District, accessory
uses not enclosed in a building, including swimming pools and tennis
courts, may not be located in the front yard of such lot and shall
be distant not less than 10 feet from any lot line and shall not adversely
affect the character of any residential neighborhood by reason of
noise or glare or safety.
[Amended 7-8-2019 by L.L.
No. 4-2019]
In any district, the following standards for
activities shall apply:
A.
No offensive or objectionable vibration, odor or glare
shall be noticeable at or beyond the property line.
B.
No activity shall create a physical hazard by reason
of fire, explosion, radiation or other such cause to persons or property
in the same or adjacent district.
C.
There shall be no discharge of any liquid or solid
waste into any stream or body of water or private disposal system
or into the ground of any materials of a nature that may contaminate
any water supply, including the groundwater supply.
D.
There shall be no storage of any material either indoors
or outdoors in such a manner that it facilitates the breeding of vermin
or endangers health in any way.
E.
The emission of smoke, fly ash or dust which can cause
damage to the health of persons, animals or plant life or to other
forms of property shall be prohibited.
For the purpose of minimizing traffic hazards
at street intersections, on any corner lot no obstructions between
a height of 21/2 feet and 10 feet above the adjacent top-of-curb elevation
shall be permitted to be planted, placed, erected or maintained within
the triangular area formed by the intersecting pavement lines or their
projections, where corners are rounded, and a straight line joining
the pavement lines at points 50 feet distant from their point of intersection.
A.
In One-Family Residential, One- and Two-Family Residential,
Multiple-Family Residential and Neighborhood Business District, walls
and fences shall be permitted as follows:
[Amended 7-8-2019 by L.L.
No. 4-2019]
(1)
From the front lot line to the front setback line
a fence or wall shall not be greater than four feet in height and
must be of an open design, such as chain link, picket or slotted.
(2)
From the front setback line to the rear lot line no
fence shall be greater than eight feet in height.
(3)
The finished or good side of all fences must face
the street or neighboring property.
B.
In the Commercial/Canal and Business Districts, all
fences and walls must be eight feet in height.
C.
No fences or walls shall be permitted that hinder
the flow of traffic or adversely affect traffic safety, visibility
or sight clearances.
A.
Continuation of nonconforming buildings. Any lawful
building or structure existing at the time of enactment of this chapter
or any subsequent amendment thereof applying to such building or structure
may be continued although such building or structure does not conform
to the provisions thereof, except that any undeveloped lot in a subdivision
which was not properly approved by the Planning Board and in the office
of the County Clerk and whose area and/or depth is less than the specified
minimum lot requirements and average density requirements of this
chapter shall be considered a violation of this chapter.
B.
Continuation of nonconforming use. Any lawful use
of any building or land existing at the time of the enactment of this
chapter or any subsequent amendment thereof applying to such use of
premises may be continued although such use of premises does not conform
to the provisions thereof.
C.
Discontinuance of nonconforming use. Any building
or land used for or occupied by a nonconforming use which is changed
to or replaced by a conforming use shall not thereafter be used for
or occupied by a nonconforming use. Any nonconforming use which becomes
inactive for a period of six months shall be considered abandoned
and thereafter may not be continued. Only a conforming use will thereafter
be allowed at that site.
D.
Extension, alteration and restoration of nonconforming
use. A nonconforming use shall not be extended, enlarged or structurally
altered, but the extension of a lawful use to any portion of a nonconforming
building which existed prior to the date of adoption of this chapter
shall not be deemed the extension of such nonconforming use. A nonconforming
use may be rebuilt in the event of partial or total destruction thereof
to occupy the same space on the lot or rebuilt providing greater yard
space and less lot coverage and not exceeding the height of the totally
or partially destroyed building.
E.
Necessary maintenance and repairs. A nonconforming
building or structure or a building or structure containing a nonconforming
use may be repaired or restored to a safe condition.
F.
Change to other nonconforming use. A nonconforming
use of a building, structure or land may be changed to another nonconforming
use more nearly conforming to the requirements of the district in
which it is situated; however, no building in which a nonconforming
use has been changed to a use more nearly conforming to the requirements
of this chapter for the district shall again be devoted to a less
restricted use.
G.
Construction started prior to enactment of this chapter.
Any building or structure for which construction was begun prior to
the effective date of this chapter, or any subsequent amendment thereof,
may be completed and used in accordance with the plans and specifications
for the building or structure.
H.
Existing undersized lots.
(1)
For a lot held in single and separate ownership prior
to the adoption of this chapter located in a One-Family Residential,
One- and Two-Family Residential, Multiple-Family Residential or Neighborhood
Business District and whose area and/or width and/or depth is less
than the specified minimum lot requirements, no variance shall be
required, provided that:
[Amended 7-8-2019 by L.L.
No. 4-2019]
(a)
Such lot does not adjoin any other lot or lots
held by the same owner whose aggregate area is equal to or greater
than the minimum lot area required for that district.
(b)
Such lot has an area of at least 5,000 square
feet and a minimum width of at least 50 feet at the required setback
line.
(d)
All other bulk requirements for that district
are complied with.
(e)
The undersized lot may be used for not more
than one one-family dwelling.
(2)
A lot of nonconforming size may be subdivided if each
and every subdivision of such lot is purchased by the owner or owners
of the adjoining properties to increase the size of said owner's or
owners' property or properties.
I.
Reduction in lot area. No lot shall be reduced in
area so that it creates a nonconforming bulk or use in violation of
any regulations contained in this chapter.
J.
Exemptions of lots shown on approved subdivision plats.
In accordance with New York State Village Law § 7-709, Subdivision
2(a), any lot proposed for residential use in a subdivision whose
plat delineates one or more new streets, roads or highways and which
said subdivision plat has been properly approved by the Planning Board
and filed in the office of the County Clerk prior to the passage of
this chapter, and whose area and/or width and/or depth is less than
the specified minimum lot requirements of this chapter for that district,
shall be considered as complying with such minimum lot requirements
for two years after the filing of the subdivision plat.
In all districts, off-street automobile parking
spaces and truck loading areas for the various permitted uses shall
be required at the time any of the main buildings or structures of
such uses are constructed or altered, as follows:
A.
Required off-street automobile parking spaces. The
minimum cumulative number of spaces shall be determined in accordance
with Table C, Required Parking Spaces.[1]
[1]
Editor's Note: Table C is included at the end of this chapter.
B.
Calculation of required spaces. In the case of a combination
of uses, the total requirements for off-street automobile parking
spaces shall be the sum of the requirements for the various uses,
unless it can be proven that staggered hours of use would permit modification.
Whenever a fraction of a space is required, a full space shall be
provided.
C.
Dimensions for off-street automobile parking spaces.
Every such space provided shall be at least 10 feet wide and 20 feet
long, and every space shall have direct and usable driveway access
to a street with minimum maneuver area between spaces pursuant to
Table D, Parking Lot Dimensions.[2]
[2]
Editor's Note: Table D is included at the end of this chapter.
D.
Location of required spaces.
[Amended 7-8-2019 by L.L.
No. 4-2019]
(1)
In a One-family Residential, One- and Two-Family Residential, or
Multiple-Family Residential District, required automobile parking
spaces shall be provided on the buildable area of the same lot and
shall not encroach on any required yards or required open area.
(2)
In a One-family Residential, One- and Two-Family residential, or
Multiple-Family Residential District, driveways shall be no more than
12 feet in width and shall be located on the buildable area of the
lot between the street and the garage, if any, and if there is no
garage shall not be located between the dwelling and the street but
shall be located on the buildable area of the lot between the dwelling
and the side yard line.
(3)
In a Neighborhood Business District, for lots used for residential
purposes, required automobile parking spaces shall be provided on
the buildable area of the same lot and shall not encroach on any required
yards or required open area. On lots used for nonresidential purposes,
required automobile parking spaces shall be provided on the same lot
or not more than 400 feet therefrom.
(4)
In a Neighborhood Business District, for lots used for residential
purpose, driveways shall be no more than 12 feet in width and shall
be located on the buildable area of the lot between the street and
the garage, if any, and if there is no garage shall not be located
between the dwelling and the street but shall be located on the buildable
area of the lot between the dwelling and the side yard line.
(5)
In a Business or Commercial/Canal District, required automobile parking
spaces shall be provided on the same lot or not more than 400 feet
therefrom.
(6)
In a Business or Commercial/Canal District, no open or enclosed parking
area shall encroach on any required front yard or required open areas.
Open parking areas may encroach on a required side yard or rear yard
to within three feet of a property line. This provision is also applicable
in a Neighborhood Business district for lots used for nonresidential
purposes.
(7)
No entrance and exit drives connecting the parking area and the street
shall be permitted within 150 feet of the intersection of two public
rights-of-way.
E.
Required off-street truck loading areas. Any retail
trade or service use having 10,000 square feet or more of floor area
shall have one loading berth for the first 10,000 square feet and
one loading berth for each additional 25,000 square feet of floor
area.
F.
Dimensions for off-street loading berths. Each required
loading berth (open or enclosed) shall have the following minimum
dimensions: 45 feet long, 12 feet wide and 14 feet high.
G.
Location of required berths. All off-street loading
areas shall be located on the same lot as the use for which they are
permitted or required. Open off-street loading areas shall not encroach
on any required front or side yard, accessway or off-street parking
area, except that in business districts, off-street parking areas,
where they exist, may be used for loading or unloading, provided that
such spaces shall not be so used for more than three hours during
the daily period that the establishment is open for business.
H.
Construction of parking areas. Parking areas shall
be paved with an all-weather surface and suitably drained. The individual
spaces shall be visibly marked with paint or other durable material.
Parking areas to be used at night shall be lighted. All lights shall
be shaded or so directed as not to cause glare on adjoining residential
properties and shall be so directed as not to cause a traffic hazard
due to glare or color.
I.
Landscaping. At least 15% of the area of the lot usable
for off-street parking shall be devoted to landscaping with lawn,
trees, shrubs or other plant material. All loading berths and parking
areas of three or more spaces that abut a residential lot line, and
any parking lot for more than 20 cars, shall be screened by a solid
masonry wall six feet in height or compact evergreen hedge or a landscaped
strip of trees and shrubs so designed as to form a visual screen from
the adjoining property. All parking areas and landscaping shall be
properly maintained thereafter in a sightly and well-kept condition.
J.
Vehicles for sale.[3]
(1)
No more than 25 motor vehicles offered for sale or
lease may be parked on a lot of a motor vehicle sales or leasing business
within the Village of Phoenix, which vehicle:
(2)
No more than one motor vehicle offered for sale may
be parked on any lot which is not a lot of a motor vehicle sales or
leasing business within the Village of Phoenix, for a period of no
more than 30 days, which vehicle:
No person shall undertake to construct any new
building or structure within the village without being connected to
the Village of Phoenix sewer system.
[Amended 4-18-2000 by Ord. No. 2-2000; 11-21-2007 by Ord. No. 9-2007; 7-8-2019 by L.L. No. 4-2019]
No sign or other device for an advertising purpose of any kind
may be erected or established in the Village except and provided as
follows:
A.
Signs in One-Family Residential, One- and Two-Family Residential,
Multiple-Family Residential Districts:
(1)
Permitted uses and legal nonconforming uses, but not including home
occupations, may display signs pertaining to the use of the property,
having an aggregate total face area of not more than four square feet
and not projecting beyond the principal building of such use to which
they are attached more than 18 inches, or one sign may be erected
in the ground, provided that such ground signs shall not exceed 15
square feet in total face area, shall not exceed five feet in height
as measured from the ground to the top of the sign, shall be parallel
to the lot frontage and shall be no closer than 10 feet to any property
line. If such freestanding signs face other than parallel to the lot
frontage or display in more than one direction, they shall have a
face area of not more than eight square feet per side, with no more
than two sides.
(2)
Dwellings for five or more families may display nonilluminated signs
identifying the premises, having an aggregate total face of not more
than 122 square feet and not projecting beyond the principal building
on the lot more than 18 inches.
(3)
Any dwelling unit may display one name plate or professional sign
not exceeding two square feet in area.
(4)
A customary home occupation may have one sign, not exceeding two
square feet in area, attached to and not projecting from the dwelling.
B.
Signs in Neighborhood Business District. The following parameters
will be followed:
(1)
Permitted uses and legal nonconforming uses, but not including home
occupations, may display signs pertaining to the use of the property,
having an aggregate total face area of not more than 25 square feet
and not projecting beyond the principal building of such use to which
they are attached more than 18 inches, or one sign may be erected
in the ground, provided that such ground signs shall not exceed 50
square feet in total face area, shall not exceed six feet in height
as measured from the ground to the top of the sign, shall be parallel
to the lot frontage and shall be no closer than 10 feet to any property
line. If such freestanding signs face other than parallel to the lot
frontage or display in more than one direction, they shall have a
face area of not more than eight square feet per side, with no more
than two sides.
(2)
Dwellings for five or more families may display nonilluminated signs
identifying the premises, having an aggregate total face of not more
than 122 square feet and not projecting beyond the principal building
on the lot more than 18 inches.
(3)
Any dwelling unit may display one name plate or professional sign
not exceeding two square feet in area.
(4)
A customary home occupation may have one sign, not exceeding two
square feet in area, attached to and not projecting from the dwelling.
(5)
Nonresidential uses may display illuminated signs. Any illuminated
sign or lighting device shall employ only lights of constant intensity
and no sign shall be illuminated by or contain flashing rotating,
intermittent or moving lights or light. Illuminated signs shall be
illuminated only during hours of operation. In no event shall illumination
therefrom be so placed or directed as to permit the beams and illuminations
therefrom to be directed upon any street, sidewalk or adjacent premises
so as to cause glare and/or reflection that may constitute a traffic
hazard.
C.
Signs in Business and Commercial/Canal Districts. The following parameters
will be followed:
(1)
No signs shall project from the facade of the building.
(2)
No signs shall be placed on the roof of any building.
(3)
Any illuminated sign or lighting device shall employ only lights
of constant intensity and no sign shall be illuminated by or contain
flashing, rotating, intermittent or moving lights or light. In no
event shall illumination therefrom be so placed or directed as to
permit the beams and illuminations therefrom to be directed upon any
street, sidewalk or adjacent premises so as to cause glare and/or
reflection that may constitute a traffic hazard.
(4)
No freestanding signs are permitted. "Freestanding" will be interpreted
as off the building itself.
(5)
Permitted signs will be parallel to the plane of the building façade
or in the same plane and shall not protrude more than 18 inches from
the façade and the copy and background area of the sign shall
not exceed 30% of the building facade.
(6)
Signs erected and maintained in execution of governmental functions
or required by any law, local law or governmental regulation are permitted.
D.
Billboards. Notwithstanding any other provisions of this chapter, signs not pertaining to the use, sale, rent or lease of property on the same lot and signs not representing construction or subdivision activity as provided in Subsection E below are not permitted in any district, except that signs for the purpose of directing persons to a local business or community establishment located within the Village may be erected in any district, provided that such sign shall not exceed four square feet in area per establishment, shall conform to the applicable regulations of the district in which they are located, shall be grouped on community poles and shall be approved by the Planning Board.
E.
No sign may project into any public right-of-way.
F.
Subdivision signs. Any person offering lots for sale in a subdivision
may erect nonilluminated directional signs within the limits of the
subdivision, or adjoining property in the same ownership, having an
aggregate total face area of not more than 50 square feet. The permit
for such signs shall be issued for a period of one year and may not,
after 75% of lots are sold, be renewed.
G.
Exemptions. The following signs are exempted from the provisions
of this section:
(1)
Real estate signs which advertise the sale, rental or lease of the
premises upon which said signs are located, having an aggregate total
face of nor more than 6 square feet within any One-Family Residential,
One- and Two-Family Residential, Multiple-Family Residential District,
not more than 12 square feet within any Neighborhood Business District,
or not more than 20 square feet within any Business or Commercial/Canal
District.
(2)
One sign denoting the architect engineer and/or contractor when placed
upon work under construction and not exceeding 24 square feet in area.
(3)
Memorial signs or tables, names of buildings and dates of erection
when cut into any masonry surface or when constructed of bronze, stainless
steel or similar material.
H.
Illuminated signs. Illuminated signs are not permitted in One-Family
Residential, One- and Two-Family Residential or Multiple-Family Residential
Districts.
I.
Banners. Banners, pennants and similar devices are prohibited, except
nonpermanent ones displayed for the occasion of special public events,
which shall be displayed no longer than for a two-week period.
J.
Posters.
(1)
Posters, including bills, handbills and fliers of a temporary or
nonpermanent nature advertising or providing notice of elections,
entertainment, political events, shows, sports or sporting events
shall not be displayed until four weeks prior to the event or activity
and must be removed within one week after the event or activity.
(2)
No poster shall be attached to any private, public or utility property
without the consent of the owner, government or utility.
(3)
Compliance with the provisions of this Subsection J shall be the responsibility of the person, corporation or organization conducting the event or activity advertised or noticed, and in the event of entertainment, show or sporting event, compliance shall be equally and severally the responsibility of the persons, corporation or organization owning or operating the facility at which such entertainment, show or sporting event is being held, provided that such facility charges for admissions to said entertainment, show or sporting event.
K.
Removal of certain signs. Any sign now or hereafter existing which
no longer advertises a bona fide business conducted or a product available
for purchase by the public on the premises shall be taken down and
removed by the owner, agent or person having the beneficial use of
the building or structure upon which such sign may be found within
10 days after written notification from the Code Enforcement Officer,
and, upon failure to comply with such notice within the time specified
in such order, the Code Enforcement Officer is hereby authorized to
cause removal of such sign, and any expense incident thereto shall
be paid by the owner of the building or structure to which such sign
is attached.