In addition to the area and use restrictions for the various districts contained in Article III of this chapter, the following regulations apply throughout the City of Norwich.
A.
Single-family dwellings on substandard lots. Notwithstanding
the limitations imposed by any other section of this chapter, the
Zoning Board of Appeals may authorize, by special permit, the erection
of a single-family dwelling on a lot which does not meet the area
requirements provided:
(1)
That single-family dwellings are permitted in the
district in which the lot is located.
(2)
That the lot was in separate ownership or under contract
of sale at the time of the original passage of this chapter (January
8, 1963).
(3)
No lot shall be subdivided to create one or more substandard
lots.
B.
Fences.
(1)
All fences shall require a building permit.
(2)
No fence or wall shall be erected upon a side lot
line or rear lot line of a lot which exceeds eight feet in height
from grade.
(3)
Fences shall be erected in such a manner as to expose
the attractive fence side, where facing streets.
(4)
No fence shall be erected from the front of the building
line to the street line which shall exceed 3 1/2 feet in height
from grade.
(5)
Fences erected between building line and street line
shall be of an ornamental character.
(6)
Fences built between building line and street line
shall be constructed to reflect the overall characteristics of the
neighborhood and surrounding properties.
(7)
On a corner lot, no fence, wall hedge or other similar
structure or planting which obstructs a clear view for motorists and
pedestrians shall be erected, placed or maintained within the triangular
area formed by the intersecting street lines and a straight line adjoining
said street lines at points which are 25 feet distant from the point
of intersection, measured along said street lines.
C.
Stripping of topsoil. No person, firm or corporation
shall strip, excavate or otherwise remove topsoil for sale.
D.
Location of recreational places. No entrance to a
liquor store, poolroom, skating rink, dance hall or amusement park
shall be established less than 500 feet from the property line of
an existing school, church or YMCA.
E.
Sign ordinance. Any sign, temporary or permanent, erected or installed in the City of Norwich shall meet the requirements of Chapter 465, Signs, of the Code of the City of Norwich.
G.
Other ordinances. Nothing in this chapter shall be
construed to relax the requirements of any other code or ordinance
in effect in the City of Norwich.
Mobile home parks are allowed by special permit
in R-2 Districts, subject to the following regulations:
A.
Park size and capacity. Each mobile home park shall
have a minimum of 175,000 square feet and shall contain no more than
one mobile home for each 3,500 square feet of gross area, including
land use for access roads, recreation and service facilities and screen
planting.[1]
B.
Size of lot. No mobile home lot in a park shall be
less than 2,000 square feet in area and have less than 18 feet in
frontage on an access road.
C.
D.
Automobile parking. There shall be at least one off-street
parking space for each mobile home within 50 feet of the mobile home.
In addition, there shall be one off-road parking space for each five
homes within the park located at places of public congregation.
E.
Recreation area. A usable area set aside exclusively
for recreation shall be provided within the mobile home park and shall
be equal in area to 200 square feet for each mobile home lot in the
park.
F.
Screening. Each mobile home park shall have no more
than one entrance road on any one street frontage and shall have a
landscaped area at least 20 feet wide along exterior lot lines and
street frontages, suitably planted and maintained to provide visual
screening from adjacent properties.
A.
General requirements.
(1)
Applicability. Whenever a building is erected or enlarged,
adequate off-street parking shall be provided in conformance with
the standards set forth in this section.
(2)
Access and design. All off-street automobile parking
shall be designed with appropriate means of vehicular access to a
street or alley as well as maneuvering areas.
(3)
Location of facilities. Off-street parking facilities,
to the extent required in this section, may be provided either on
the same lot or premises with the parking generator or on any lot
or premises a substantial portion of which is located within 400 feet
of such parking generator. If parking requirements are not met on
site, a special permit will be required.
(4)
Uses not enumerated in schedule. For any and all uses
or structures not specifically provided for in the schedule included
in this section, such parking requirements shall be determined by
the Zoning Board of Appeals, considering all the parking generating
factors involved.
(5)
All off-street parking shall have a paved surface
of either blacktop, concrete, or equivalent as specified by the City
Engineer.
C.
Special regulations.
(1)
Facilities with more than six spaces:
(a)
Landscaping. For parking with more than six
spaces at least 8% of the area of the lot usable for off-street parking
shall be devoted to landscaping with lawn, trees, shrubs, etc., and
all such landscaped areas shall be properly maintained thereafter
in a sightly and well-kept condition.
(b)
Parking area abutting a residential area or
facing a public street. Whenever a facility with more than six spaces
abuts a residential area or faces a public street, a six-foot screen,
such as a masonry wall, wooden fence, chain link fence, or compact
evergreen hedge shall be established and maintained along the area
boundary lines, which screens parked vehicles. When establishing an
evergreen hedge, the hedge must be at least three feet in height at
the time of planting.
(2)
Public parking credit. By special permit from the
Zoning Board of Appeals, public parking, within 400 feet of the parking
generator, may be credited for up to 1/2 the total required.
(3)
Urban renewal areas. Public parking will be credited
for 100% of the total required in urban renewal areas, provided the
demand for parking by the generator does not exceed the capacity of
the public parking facility assigned to that generator.
(4)
Mixed uses. In the case of mixed uses, the parking
facilities required shall be the sum of the requirements for the various
individual uses, computed separately in accordance with this section;
parking facilities for one shall not be considered as providing the
required parking facilities for any other use.
D.
Off-street loading. Each building devoted to retail
trade, warehousing, wholesaling, manufacturing, hotels, hospitals,
schools, day-care centers or other buildings where large amounts of
goods are received or shipped shall be provided on-premises loading
and unloading space adequate to serve the complete needs of the building
without utilizing any public street for loading or unloading purposes
unless otherwise approved by Common Council.
A.
Purpose.
(1)
The purpose of this section is to permit variation
in lot size in areas proposed for development within residential districts
in order to encourage flexibility of design, to enable land to be
developed in a manner sensitive to the natural physical features of
the land, and to facilitate adequate and economical provision of streets
and utilities.
(2)
The purpose is achieved by permitting reductions in
minimum lot size and setback requirements for individual lots, provided
the overall density of the area to be subdivided does not exceed that
which is otherwise permitted in the zoning district.
B.
Procedure.
(1)
Application for a special permit to utilize the average
density provisions contained in this section shall be made to the
Zoning Officer who shall refer the application to the City Planning
Commission for review and approval.
(2)
The applicant shall attach to the application documentation,
including a preliminary plat, indicating how the standards and conditions
contained in this section will be met. The application shall not be
deemed to have been made until all documentation necessary for review
has been provided.
(3)
The Planning Commission will review the proposal following the procedures set forth in Article VI, § 575-33, of this chapter established for the Zoning Board of Appeals. The Planning Commission shall not approve the application unless it finds that the overall proposal complies with the standards and restrictions contained herein and, in addition, determines that the development will be consistent with the uses permitted within the zoning district and in conformance with the objectives of this chapter.
(4)
The Planning Commission shall approve, approve with
conditions, or disapprove such applications within 45 days from when
all necessary information has been supplied, as determined by the
Zoning Officer.
C.
In order to qualify for this procedure, the following
standards must be met:
(1)
Lands to which average density zoning shall apply
will be within either R-1, R-1A, or R-2 Residential Districts.
(2)
The minimum size of the area to be developed must
be at least two acres in the R-1 District and one acre in the R-1A
and R-2 Districts.
(3)
The maximum density shall not exceed the maximum otherwise
permitted in the district calculated as follows:
(a)
Total area less land reserved for streets and
other public purposes as shown on the plat, divided by the minimum
lot size. For R-1 the minimum lot size used shall be that for a single-family
dwelling (10,075 square feet per unit). For R-1A and R-2 minimum lot
size shall be that used for multifamily dwellings (3,300 square feet
per unit).[1]
(4)
The front, side, and rear setbacks may be reduced
except where a lot proposed under this section abuts an existing residential
lot.
(5)
Provision for and disposition of open-space lands
and provisions for maintenance and control of the open-space land,
and financial responsibility for such open-space land must be clearly
indicated in writing and acceptable to the Planning Commission.
D.
Restrictions. The following specific restrictions
also apply:
(1)
Only uses already permitted in the zoning district
may be established through this procedure.
(2)
Rear access to all proposed buildings shall be accessible
for police and fire protection, in accordance with NYS Uniform Fire
Prevention and Building Code.
(3)
Individual private lots, once approved through this
procedure and part of an approved subdivision, shall not be further
subdivided.
(4)
Parking requirements may not be waived.
(5)
If the project is proposed to be phased, provision
must be made in writing at the initial phase. Average density provisions
must be met for each phase of a phased development.
A.
Definition. "Planned use development" may be defined
as an area of land in which a variety of housing types and/or related
commercial and industrial facilities are accommodated in a preplanned
environment under more flexible standards than would normally apply
under this chapter, the approval of which may involve requirements,
including, but not limited to, building design and landscaping.
B.
Intent.
(1)
It is the intent of this section to provide for compatible
development of a variety of land uses and to encourage innovations
in development and renewal techniques to enable community demands
to be met with greater flexibility, variety of style, design, and
layout of sites and buildings, and efficient use of open spaces and
other amenities, and that such development and innovation be in accordance
with the Comprehensive Plan and supporting plans, policies and development
objectives of the City of Norwich.
(2)
This section recognizes that although the standard
zoning function, both use and bulk, is appropriate for the regulation
of land use in some areas, these controls may represent either a regulatory
strictness or laxity which may be detrimental to establishment and
promotion of the highest and best use of land within the community.
(3)
Further, this section recognizes that a rigid set
of space requirements, in conjunction with bulk and use specifications,
would inhibit the application of this concept. Therefore, where PUD
techniques are deemed appropriate by the Common Council through the
rezoning of land to planned use development, the use and dimensional
specifications herein are replaced by the approval process outlined
in this section.
C.
Ownership. To enable a proposal to be considered for
PUD status, a development must be comprised of contiguous land, which
is owned, leased or controlled by a single person, a corporation,
or by a group of individuals or corporations. An application must
be filed by the owner or owners of all property to be included in
the project. In the case of multiple ownership, the approved PUD shall
be binding on all owners.
D.
Procedure. The following actions must be taken to
obtain PUD status:
(1)
An application for establishment of a planned use
development shall be submitted to the Planning Commission, through
its Secretary, by the owner or owners of the property to be included
in PUD.
(2)
Such application shall include a design plan showing
the character of the development that is proposed for the requested
site. The design plan shall include: locations of principal and accessory
structures, typical building elevation drawings, parking areas, traffic
access and circulation, and open landscaped areas. Such supporting
materials shall clearly demonstrate the concept, design, and uses
of development. The submission shall also include any statements the
applicant may consider appropriate relative to the necessity or desirability
of development, its harmony with adjacent development, its conformity
with the Comprehensive Plan, other community plans, and the reasons
it cannot be developed under other zoning regulations.
(3)
Upon presentation of the application to the Secretary, the Planning Commission staff or its planning consultant shall determine its completeness in accordance with Subsection D(5) of this section. When complete, the petition shall be placed upon the agenda of the Planning Commission for receipt at its next regular meeting, and the Common Council shall be notified of such.
(4)
Upon official receipt of the petition, the Planning
Commission shall have 45 days in which to act upon the same, unless
such time shall be extended by mutual consent of the Commission and
the applicant.
(5)
During the forty-five-day period, the Planning Commission
shall:
(a)
Have its staff or planning consultant prepare
a professional opinion verifying data contained within the application
and setting forth the proposal's relationship to existing zoning and
the City's Comprehensive Plan. The staff or consultant shall also
specifically address each of the performance site plan review criteria
which are set forth in this section, with such other facts or considerations
as it may deem appropriate.
(b)
Within 10 days of official receipt, forward
notice of such application to the Mayor, the Common Council, the City
Attorney, the Police and Fire Chiefs, the Code Enforcement Officer,
the Public Works Director, the Parks and Traffic Commissions, each
commission and utility involved in providing services to the location
set forth in the application, and such other officers or persons as
the Commission may see fit.
(c)
Hold a public hearing on the proposal upon individual
notice to property owners adjoining the development and general notice
published in the official newspaper of the City, such notices being
provided not less than 10 days prior to the date of such hearing.
(6)
Following the public hearing, the Planning Commission
shall consider the proposal and its relationship to the City's Comprehensive
Plan, and recommend to the Common Council its adoption, its adoption
with conditions, or its disapproval of the proposal.
(a)
In its review, the Planning Commission may consult
with City and county officials, as well as with representatives of
federal and state agencies, including the New York State Department
of Environmental Conservation and the New York State Health Department.
The Planning Commission may also require such additional provisions
and conditions that appear necessary for the public health, safety,
general welfare, and conformity with the Comprehensive Plan.
(b)
The decision will be based upon the information
provided with the application, the recommendations of various expert
reviewers, and the views of affected residents and the public at large.
(7)
The Commission shall make its decision only after
it has specifically addressed, in written form or at public hearing,
each of the performance site plan review criteria contained within
this section.
(8)
Upon receipt of the recommendation of the Planning Commission, either for approval or disapproval of the planned use development, the Common Council shall consider same utilizing the procedures for amendment of the Zoning Map set forth in Article VI, § 575-35, of this chapter.
(9)
No development or construction within the PUD shall
occur and no building permits shall be issued without approval of
development plans by the Planning Commission and approval of a zoning
amendment by the Common Council.
(10)
In the event that there has not been a start
made on the proposed development as authorized by the Common Council
within one year from the date of passage of the amendment, such amendment
may be revoked by Common Council after legal public notice and hearing.
The land in question shall be deemed subject to the same regulations
in effect before such amendment was passed.
E.
Performance site plan review criteria. Application
for site plan approval shall be submitted to the Planning Commission
in writing and shall be accompanied by the following information prepared
by a licensed engineer and/or architect whose seal shall be affixed
to the plans:
(1)
An area map showing applicant's entire holding, including
that portion of the applicant's property under consideration and all
properties, subdivisions, streets and easements within 500 feet of
the applicant's property.
(2)
A site plan, including the following information:
(a)
Title of drawing, including name and address
of applicant;
(b)
North point, scale and date;
(c)
Boundaries of the property plotted to scale
including measurement of lots with square foot area computed;
(d)
Proposed use and height of all buildings, including
ground area and setbacks of buildings and total area by floor;
(e)
Location of all parking and truck-loading areas,
including number of parking spaces provided and access and egress
drives thereto;
(f)
Location and proposed development of all open
spaces, including parks, playgrounds, and open reservations;
(g)
Location of outdoor storage, if any;
(h)
Location of all existing and proposed site improvements,
including drains, culverts, retaining walls, and fences;
(i)
Description of the method of sewage, stormwater,
and sanitary waste disposal and the location of such facilities;
(j)
Description of the drainage pattern;
(k)
Location, size, and design of all signs;
(l)
Location and proposed development of buffer
areas, including type and arrangement of trees, shrubs, and other
landscaping which serves as a visual and/or noise deterrent for adjacent
properties;
(m)
Location and design of lighting facilities.
(3)
A tracing overlay showing all soil areas and their
classifications, and those areas, if any, with moderate to high susceptibility
to flooding and/or erosion. For areas with potential erosion problems,
the overlay shall also include an outline and description of existing
vegetation.
(5)
Architectural rendering, including landscaping plans;
(6)
Description of a site maintenance plan, including
street maintenance, snow removal and clearance;
(7)
Submission of site plan fee, as established by Common
Council, to the City Clerk; notwithstanding the above, the applicant
will also provide, at his sole expense, sufficient data and information
for the City to make a National Environmental Policy Act (NEPA) and/or
State Environmental Quality Review (SEQR) determination and, if an
environmental report is necessary, the applicant, at his sole expense,
will cause same to be made and submitted;
(8)
Any design standards or required improvements, which
are included in the Code of the City of Norwich and others, as may
be required by the Planning Commission.
F.
Guarantee of performance. The Common Council or the
Planning Commission may require issuance of a bond, on terms satisfactory
to such bodies, guaranteeing performance of the final site development
plan approved by the Commission and the Common Council.
Accessory structures may be erected, replaced
or enlarged between the side or rear yard setback lines and lot lines
of any residential lot, provided that the applicant provides sufficient
documentation that:
A.
Purpose and intent. It is recognized that buildings
and establishments operated as adult uses have serious objectionable
operational characteristics. In order to promote the health, safety
and general welfare of the residents of the City of Norwich, this
section is intended to restrict adult uses to nonresidential and nonbusiness
areas of the City. The City hereby finds that the operational characteristics
of adult uses increase the detrimental impact on a community when
such uses are concentrated; therefore, this section is intended to
promote the health, safety and general welfare of the residents of
the City of Norwich by regulating the concentration of such uses.
It is not the intent nor the effect of this section to restrict or
deny access by adults to sexually oriented materials protected by
the First Amendment or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market; neither
is the intent nor the effect of this section to condone or legitimize
the distribution of obscene materials.
B.
Classification of businesses. Adult entertainment
uses are classified as follows:[1]
C.
Restrictions. Adult entertainment uses shall be permitted
subject to the following restrictions:
(1)
No adult use shall be allowed within 500 feet of another
existing adult use.
(2)
No adult use shall be located within 500 feet of the
boundaries of any zoning district, which is zoned for residential
or business use.
(3)
No adult use shall be located within 500 feet of a
preexisting school or place of worship.
(4)
No adult use shall be located in any zoning district,
except those districts zoned industrial.
