Filling stations, public garages and motor vehicle repair shops
shall not be permitted as accessory uses in any district except where
noted on the schedule.[1]
[1]
Editor's Note: See the schedule at the end of this chapter.
A.
Insufficient lot area. In any residential district, it shall be permissible
for the owner of any lot, the dimensions or area of which do not conform
to the district standards, to erect a single-family dwelling, provided
that title to the property was held by him or was in the process of
transfer at the time of the enactment of this chapter.
B.
Reduced lot area. No lot shall be so reduced in area that any required
open space will be smaller than that specified in the regulations
for the district in which said lot is located.
A.
Terraces. A paved terrace which is not covered or otherwise enclosed
shall not be considered in the determination of lot coverage or yard
sizes, except said terrace shall not project to a point closer than
10 feet to any lot line.
B.
Porches. Any open or enclosed porch shall be considered in the determination
of lot coverage as part of the building.
C.
Fire escapes. Open fire escapes may not project more than five feet
into any required yard.
Where a district boundary divides a lot in single ownership
or record at the time of enactment of this chapter, said lot shall
be regulated under requirements for the less restrictive district,
provided that the lot has street frontage in the less restricted district.
The height limitations of various districts shall not apply
to church spires, cupolas and penthouses not used for human occupancy,
nor to chimneys, ventilators, cooling towers, mechanical equipment
or similar features customarily carried above the roof level. Such
features shall not exceed the height necessary to accomplish the purpose
intended and shall not exceed in aggregate coverage an area of 25%
of the roof area on which they rest.
A.
Home occupations shall be permitted only if incidental to the principal
use. Occupations permitted include, but are not limited to, dressmaking,
tutoring, instruction limited to two pupils at one time, nursery school,
music or dance, doctor, lawyer, architect, contractor, insurance agent,
realtor and similar uses. Occupations such as carpentry, animal hospital
or kennels, automotive repair shop, barbershop, restaurant, mortuary
or any store shall be prohibited.
B.
There shall be no exterior storage of equipment.
C.
Signs advertising home occupations may be exhibited, provided that:
A.
Junkyards will be permitted in the Planned Commercial District, according
to its regulations.
B.
The following additional restrictions shall apply to junkyards:
(2)
All outdoor storage and working areas shall be completely enclosed
by a fence, wall, etc., at least six feet in height. This fence shall
visually, as well as physically, contain these areas and meet Zoning
Board of Appeals/Planning Board approval.
[Amended 4-21-2015 by L.L. No. 3-2015]
C.
Gasoline stations shall have not more than three unregistered vehicles
in open storage. Additional unregistered vehicles shall be garaged.
In addition to the district regulations, the following apply:
A.
Trailer parks will be allowed within the limits of the Village of
Ravena in the specified Planned Residential District only. Trailer
parks will be allowed as per schedule by special permit only.
B.
All variance requests pertaining to trailer parks shall require a
public hearing by the Board of Appeals.
A.
Projection screens, buildings or parking areas shall be at least
50 feet from any street right-of-way line and at least 100 feet from
any residential property line. Movies shall not be visible to traffic
on adjacent major streets or to adjacent residencies.
B.
Vehicular surfaces shall be paved with a dustless material.
C.
Loudspeakers shall be of the individual in-car type.
D.
Entrance off-street storage for cars must be at least 5% of total
capacity.
E.
Entries and exits shall be approved by the authority responsible
for the access road, that is, state, county, etc.
A.
Off-street parking spaces shall be provided and maintained by the
owner of the property for each building which is erected, altered
or enlarged as follows:
(1)
Dwellings, at least one parking space for each dwelling unit in the
building or buildings; a garage for any commercial vehicle.
(2)
Home occupation, one parking space for every 100 square feet of occupation
of floor area.
(3)
Retail stores and shops, at least one parking space for each 100
square feet of sales floor area and for each four employees.
(4)
Wholesale business, at least one parking space for each 200 square
feet of store floor area and for each four employees.
(5)
Restaurants or other eating places, at least one parking space for
each four seats and for each four employees.
(6)
Professional office (including those as home occupations), one parking
space for every 100 square feet of occupation floor space.
(7)
Banks and offices, at least one parking space for each 200 square
feet of office or business space and for each four employees.
(8)
Hotels and tourist homes, at least one parking space for each bedroom.
(9)
Auditoriums, stadiums, theaters and other places of public assembly,
at least one parking space for each four seats.
(10)
Tourist home, boarding home, at least one parking space for
each bedroom.
(11)
Motels, at least one parking space for each unit and for the
manager.
(12)
Place of worship, at least one parking space for each four seats,
for each clergyman and for each two employees.
(13)
School, at least one parking space for each three employees,
including teachers; loading and unloading space for buses.
(14)
Filling station, at least five parking places.
(15)
Private club, one space for each three members and for each
two employees.
(16)
Industrial plant or establishment, at least one space for each
company vehicle and for each two employees based on peak employment
hours.
(17)
Undertaking establishment, at least 10 spaces for visitors per
chapel; one space for each official vehicle and for every two employees.
(18)
Hospital, sanatorium or nursing home, at least one space for
every two beds.
B.
All parking spaces provided pursuant to this section shall be on
the same lot with the building, except that the Board of Appeals may
permit the parking spaces to be on a lot within 500 feet of the building
or such distance as is deemed necessary by the Board if it determines
that it is impractical to provide parking on the same lot with the
building.
C.
The Board of Appeals may waive the parking requirements for uses
in B-1 Districts where sufficient public parking is supplied.
D.
In all parking lots for more than 15 cars, landscaped areas, wholly
contained within the paved area, amounting to 10% of the total paved
area of the lot, shall be provided. These shall be distributed throughout
the lot and maintained.
Off-street loading spaces shall be provided and maintained by
the owner of the property for each building which is to be erected,
altered or enlarged for uses described as follows:
A.
Nonresidential uses, at least one space for a building with a floor
area of 5,000 to 20,000 square feet or fraction thereof, except that
where deliveries do not exceed one vehicle per day, no additional
space will be required.
B.
Hotels, at least one space per 30,000 square feet of floor area or
less.
C.
Industrial uses, at least one space for 5,000 to 10,000 square feet;
for each additional 75,000 square feet, one space is required.
A.
Access drives shall occupy not more than 25% of the total lot frontage,
except that in the case of lots with frontage in excess of 150 feet,
the aggregate width of such drives shall not exceed 48 feet for each
300 feet or fraction thereof of lot frontage. Nothing in this chapter
shall prevent any lot from providing an access drive with a width
of 15 feet regardless of the frontage of such lot.
B.
This section shall apply only to residential districts.
[Amended 3-16-1999 by L.L. No. 1-1999]
The fence and wall heights are controlled by § 65-4 of the Code of the Village of Ravena, except that:
A.
Along any boundary between any residence district and any other district,
the maximum permitted height of any fence or wall shall be increased
to eight feet.
B.
At all street intersections, no obstruction to vision (other than
an existing building, post, column or tree) exceeding 30 inches in
height shall be erected or maintained on any lot within the triangle
formed by the street lines and a line drawn between points along such
street lines 30 feet distant from their point of intersection.
[Amended 4-21-2015 by L.L. No. 3-2015]
The location of any heliport shall be subject to approval by
the Zoning Board of Appeals/Planning Board and shall comply with local,
state and federal regulations.
[Amended 4-21-2015 by L.L. No. 3-2015]
All water supply and sewage disposal installations shall conform
to the New York State Department of Health and local health regulations.
No site plans shall be approved by the Zoning Board of Appeals/Planning
Board in any district unless such conformity is certified on the plan.
A.
Signs in residence districts shall be limited to one nonilluminated
nameplate not exceeding 1 1/2 square feet in area, except for
signs or bulletin boards of churches or educational institutions and
signs advertising the premises for sale or rent, which shall not exceed
six square feet in area. Advertising signs shall be prohibited in
all residence districts.
B.
Signs in nonresidence districts.
(1)
Signs attached to buildings. No business sign attached to any building
shall exceed in area 25% of the area of the wall to which such sign
is attached or 200 square feet, whichever is less, nor shall such
sign project more than 12 inches beyond the exterior face of such
wall.
(2)
Signs projecting above building roofs. No sign shall project above
any roof or parapet line except in the Industrial District, where
one roof sign per building may be authorized by the Board of Appeals
upon application and after a public hearing.
(3)
Freestanding signs. Not more than one freestanding sign, with the
area of one side of such sign not to exceed 150 square feet, shall
be erected on any lot for each 10 acres of area and/or each 400 feet
of street frontage or fraction thereof of such lot; hereafter, no
such signs shall encroach on any required front yard. Gasoline filling
stations may erect not more than one standard sign within the required
front yard for purposes of identification.
(4)
Sign illumination. All bare incandescent light sources and immediately
adjacent reflecting surfaces shall be shielded from view.
(5)
Moving or flashing signs. Moving or flashing signs or advertising
devices shall be prohibited.
(6)
Temporary signs. No temporary signs made of paper, cardboard, canvas
or similar nonpermanent material, other than a sign advertising the
sale or rental of the premises on which the same is situated, will
be permitted on the outside of any building or on any lands.
(7)
Directional signs. Nothing contained herein shall restrict the installation
and placement of any fixed directional signs with an area not exceeding
10 square feet for the guidance of visitors on any lot.
(8)
Billboard signs. The erection of billboard signs will be allowed
only after issuance of a special permit by the Board of Appeals.
A.
Excavations generally.
(1)
No excavation shall be permitted, except for the installation of
driveways or minor operations designed to change existing land contours
by not more than two feet, except by special permit.
(2)
Any excavation or grading which adversely affects natural drainage,
silting of reservoirs or streams or the structural safety of adjoining
buildings is prohibited.
(3)
Excavations shall not create conditions of objectionable noise or
dust and shall not otherwise constitute a public hazard.
B.
Excavations for construction.
C.
Excavations for quarrying and soil mining. Excavations for the purpose
of quarrying or soil mining for sand, gravel or other subsoils shall
be allowed only upon issuance of a special permit and subject to the
following conditions:
(1)
Upon application for a special permit, the applicant shall submit
to the Zoning Board of Appeals/Planning Board two copies of a certified
map, at a scale of one inch equals 100 feet, showing the land in question
and all pertinent information which is deemed necessary by the Boards
for their evaluations.
[Amended 4-21-2015 by L.L. No. 3-2015]
(2)
The applicant shall also submit, certified at the above scale, a
map showing the proposed plan of excavation, the proposed drainage
plan and the proposed finished elevations at contour intervals of
two feet. The proposed finished grading plan shall show the land to
be smooth-graded and respread with topsoil to a depth of four inches
or returned to a visually acceptable state. The slopes shall not exceed
the normal angle of repose for the material removed.
(3)
Coincident with the issuance of a permit, the applicant shall be
required to furnish a performance bond of the same time duration as
the special permit, in an amount determined by the Building Inspector
to be sufficient to guarantee the completion of the finished grading.
The Building Inspector shall release said bonds only upon his certification
that the final grading and drainage plans have been complied with.
(4)
All blasting within areas of excavation will be in accordance with
modern methods which will protect adjacent property from damage, both
from overhead damage and subsurface vibration.
(5)
Upon approval and the payment of a fee of $100, the Village Clerk
shall return one copy of the approved maps and the special permit
to the applicant.[1]
[Amended 5-19-1992 by L.L. No. 1-1992]
[1]
Editor’s Note: Original Section 430.19, which dealt
with unsafe structures and which immediately followed this section,
was deleted 5-19-1992 by L.L. No. 1-1992.
B.
The emission of smoke, dust or fly ash harmful to persons, animals or plants shall be prohibited. (See § 119-32.)
[Amended 7-5-2011 by L.L. No. 2-2011]
C.
The storage or use of materials creating undue hazard of fire or explosion shall be prohibited. (See § 119-34.)
D.
The disposal of materials into present or future disposal systems,
causing harm to the system or contamination of groundwater, shall
be prohibited.
[Amended 4-21-2015 by L.L. No. 3-2015]
Roadside stands are to be located at least 30 feet from the
pavement and to be so located that they do not constitute a traffic
hazard. (Decision of the Zoning Board of Appeals/Planning Board is
required.)
One building for a caretaker may be used as a one-family dwelling.
[Amended 4-21-2015 by L.L. No. 3-2015]
Such areas of land shall have a minimum width of 25 feet and
shall remain in their natural state, except that a hedge, fence or
wall meeting Zoning Board of Appeals/Planning Board approval may be
erected or installed. Access space through the buffer strip will be
permitted upon issuance of a special permit.
[Added 7-5-2011 by L.L. No. 2-2011[1]]
A.
Applicability.
(1)
Zoning Board of Appeals/Planning Board action. All uses subject to
the requirements of this section may be established and maintained
if their operation is approved by the Zoning Board of Appeals/Planning
Board as being in conformance with the standards and regulations limiting
dangerous and objectionable elements, such as dust, smoke, odor, fumes,
noise or vibration. In approving the site plan, the Zoning Board of
Appeals/Planning Board shall decide whether the proposed use will
conform to these applicable performance standards or any additional
performance standards required by state or federal laws or which are
generally recognized performance standards for a given industry.
[Amended 4-21-2015 by L.L. No. 3-2015]
(2)
Use subject to the performance standards procedures.
(a)
All uses subject to site plan review must comply with these
performance standards.
(b)
In addition, if the Code Enforcement Officer has reasonable
grounds to believe that any other existing or proposed use violates
any of the performance standards, such proposed use may be required
to certify compliance with these performance standards or such existing
use may be cited for violation of these regulations.
B.
Performance standards procedures; regulations.
(1)
The Code Enforcement Officer, as part of the conceptual review conference,
shall tentatively identify whether a proposed use will be required
to certify compliance with any of the performance standards listed
in this section. Certification may require signing a written statement
or presentation of construction detail and a description of the specifications
for the mechanisms and techniques to be used in restricting the emissions
of any dangerous and objectionable elements. The applicant shall also
file with such plans and specifications an affidavit acknowledging
understanding and stating agreement to conform to the same at all
times. Any information which is designated by the applicant as a trade
secret and submitted herewith will be treated as confidential under
provisions of the New York State Freedom of Information Law. During
the course of site plan review, the Zoning Board of Appeals/Planning
Board will determine if the applicant's proposal falls within
the performance standards.
[Amended 4-21-2015 by L.L. No. 3-2015]
(2)
Vibration.
(a)
No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instruments at or
beyond the lot lines, nor shall any vibrations produced exceed 0.002g
peak at up to a frequency of 50 cycles per second, measured at or
beyond the lot lines using either seismic or electronic vibration
measuring equipment.
(b)
Vibrations occurring at higher than a frequency of 50 cycles
per second or a periodic vibration shall not induce accelerations
exceeding 0.001g. Single-impulse periodic vibrations occurring at
an average interval greater than five minutes shall not induce accelerations
exceeding 0.01g.
(3)
Noise.
(a)
The maximum decibel level radiated by any use or facility at
any lot lines shall not exceed the values in the designated octave
bands given in Table I. The sound-pressure level shall be measured
with a second-level meter and associated octave-band analyzer conforming
to standards prescribed by the American Standards Association. (American
Standard Sound-Level Meters for Measurement of Noise and Other Sound,
Z24.3-1944, American Standards Association, Inc., New York, and American
Standard Specifications for an Octave-Band Filter Set for the Analysis
of Noise and Other Sound, Z24.10-1953, American Standards Association,
Inc., New York, New York, shall be used.)
|
Table I
| ||
|---|---|---|
|
Frequency Band
(cycles per second)
|
Maximum Permitted Sound-Pressure Level
(decibels)
| |
|
0 to 75
|
69
| |
|
75 to 150
|
60
| |
|
150 to 300
|
56
| |
|
300 to 600
|
51
| |
|
600 to 1,200
|
42
| |
|
1,200 to 2,400
|
40
| |
|
2,400 to 4,800
|
38
| |
|
4,800 to 10,000
|
35
| |
(b)
Where any use adjoins a residential or transitional district
at any point at the district boundary, the maximum permitted decibel
levels in all octave bands shall be reduced by six decibels from the
maximum levels set forth in Table I.
(4)
Smoke. The density of emission of smoke or any other discharge into
the atmosphere during normal operations shall not exceed visible gray
smoke of a shade equal to or darker than No. 2 on the standard Ringelmann
Chart. (A Ringelmann Chart is a chart published by the United States
Bureau of Mines, which shows graduated shades of gray for use in estimating
the light-obscuring capacity of smoke.) These provisions applicable
to visible gray smoke shall also apply to visible smoke of a different
color but with an apparent equivalent capacity.
(5)
Odor. No emission shall be permitted of odorous gases or other odorous
matter in such quantities as to be readily detectable when diluted
in the ratio of one volume of odorous air emitted to four volumes
of clean air. Any process which may involve the creation or emission
of any odors shall be provided with a secondary safeguard system so
that control will be maintained if the primary safeguard system should
fail. There is hereby established, as a guide in determining such
quantities of offensive odors, in Table III, Odor Thresholds, in Chapter
5 of the Air Pollution Abatement Manual, copyright 1959, by the Manufacturing
Chemical Association, Inc., Washington, D.C., as said manual and/or
table is subsequently amended.
(6)
Fly ash, dust, fumes, vapors, gases and other forms of air pollution.
No emission shall be permitted which can cause any damage to health,
animals, vegetation or other forms of property or which can cause
any excessive soiling at any point beyond the boundaries of the lot.
The concentration of such emission on or beyond any lot line shall
not exceed 0.1 the maximum allowable concentration set forth in § 12-29
of the Board of Standards and Appeals of the New York State Department
of Labor, effective October 1, 1956, and any subsequent standards.
(7)
Electromagnetic radiation. It shall be unlawful to operate or cause
to be operated any planned or intentional source of electromagnetic
radiation which does not comply with the current regulations of the
Federal Communications Commission regarding such sources of electromagnetic
radiation, except that, for all governmental facilities, the regulations
regarding such sources of electromagnetic radiation of the Interdepartment
Radio Advisory Committee shall take precedence over the regulations
of the Federal Communications Commission. Further, said operation
in compliance with the federal regulations shall be unlawful if such
radiation causes an abnormal degradation in performances of other
electromagnetic radiators or electromagnetic receptors of quality
and proper design because of proximity, primary field, blanketing,
spurious reradiation, harmonic content or modulation of energy conducted
by power or telephone lines. The determination of abnormal degradation
in performance and of quality and proper design shall be made in accordance
with good engineering practices, as defined in the latest principles
and standards of the American Institute of Radio Engineers and the
Electronic Industries Association. In case of any conflict between
the latest standards and principles of the above groups, the following
precedence in interpretation of the standards and principles shall
apply: American Institute of Electrical Engineers; Institute of Radio
Engineers; and Electronic Industries Association.
(8)
Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property lines. The handling of such radioactive materials, the discharge of such materials into the air and water and the disposal of radioactive wastes shall be in conformance with the regulations of the Nuclear Regulatory Commission, as set forth in Title 10, Chapter 1, Part 20, as amended, and all applicable regulations of the State of New York.
(9)
Heat. Heat emitted at any or all points shall not at any time cause
a temperature increase on any adjacent property in excess of 5°
F., whether such change is in the air or on the ground, in a natural
stream or lake or in any structure on such adjacent property.
(10)
Glare.
(a)
Direct glare. No such direct glare shall be permitted, with
the exception that parking areas and walkways may be illuminated by
luminaries so hooded or shielded that the maximum angle of the cone
of direct illumination shall be 60° drawn perpendicular to the
ground, and with the exception that such angle may be increased to
90° if the luminary is less than four feet above ground.
(b)
Indirect glare. Indirect glare shall not exceed that value which
is produced by an illumination of the reflecting surface, not to exceed
0.3 footcandle (maximum) and 0.1 footcandle (average). Deliberately
induced sky-reflected glare, as by casting a beam upward for advertising
purposes, is specifically prohibited.
(11)
Liquid or solid waste. No discharge shall be permitted at any
point into a public sewer or stream or into the ground, except in
accord with standards approved by the State and Albany County Departments
of Health and local ordinances, of any materials of such nature or
temperature as can contaminate any water supply or otherwise cause
the emission of dangerous or offensive elements. There shall be no
accumulation of solid wastes conductive to the breeding of rodents
or insects.
(12)
Stormwater. For all developments disturbing more than one acre,
the New York State Department of Environmental Conservation (NYSDEC)
requires that municipalities receive a copy of the stormwater pollution
prevention plan (SWPPP) prior to plan approval. The owner is required
to comply with the NYSDEC's SPEDES General Permit for Stormwater
Discharge from Construction Activity Permit # G-P-02-01.
[1]
Editor's Note: This local law also superseded former
§ 119-32, Ground motion and sound pressure; odor and glare.
[1]
Editor's Note: Former § 119-33, Emission of smoke,
dust or fly ash, was superseded 7-5-2011 by L.L. No. 2-2011.
The storage or use of materials creating undue hazard of fire
or explosion shall be prohibited except such storage or use of explosives
as complies with the Labor Law industrial code of the State of New
York.
[Amended 4-21-2015 by L.L. No. 3-2015]
Guide to site plan review and approval by the locally constituted
Zoning Board of Appeals/Planning Board.
A.
The objective of this section is to establish a means by which the
Village can arrive at the proper decision when reviewing submitted
plans.
B.
The following points should be taken into account:
(1)
Is it a benefit to the adjacent land use?
(2)
Will it improve the adjacent land and/or building value?
(3)
Is the layout suitable to the contours and natural features of the
land?
(4)
Do the entrance and exit points to the site create any traffic hazards?
(5)
Will the use intended disrupt any existing traffic pattern?
(6)
Will the finished product improve the appearance of the site (e.g.,
landscaping)?
(7)
Is the architecture of a suitable character to the use and the area
in question?
The lawful use of any building or land existing at the time
of the enactment of this chapter may be continued although such use
does not conform to the provisions of this chapter, subject to the
limitations set forth below:
A.
Construction approved prior to adoption of or amendment to chapter.
Nothing herein contained shall require any change in plans, construction
or designated use of a building, provided that active and substantial
construction shall have been originated prior to the enactment of
this chapter, and further provided that the entire building shall
be completed within two years from the effective date of this chapter.
B.
Alterations. A nonconforming building may not be renovated or structurally
altered during its life to an extent exceeding in aggregate cost 50%
of the full assessed value of the building unless said building is
changed to a conforming use.
C.
Extension. A nonconforming use shall not be extended, but the extension
of a lawful use to any portion of a nonconforming building which existed
prior to the enactment of this chapter shall not be deemed the extension
of such nonconforming use.
D.
Discontinuance. Whenever a nonconforming use has been discontinued
for a period of four months, such use shall not thereafter be reestablished,
and any future use shall be in conformity with the provisions of this
chapter.
E.
Changes in use. Once changed in use, no building or land shall be
permitted to revert to a nonconforming use. A nonconforming use may
be changed to a use of the same or higher classification, and such
use thereafter shall not be changed to a lower classification except
upon approval of the Board of Appeals.
F.
Displacement. No nonconforming use shall be extended to displace
a conforming use.
G.
Cessation. Notwithstanding any other provisions of this chapter,
any automobile wrecking yard or other junkyard which becomes a nonconforming
use upon the date of enactment of this chapter shall, at the expiration
of three years from such date, become a prohibited and unlawful use
and shall be discontinued.
H.
District changes. Whenever the boundaries of a district shall be
changed so as to transfer an area from one district to another district
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein.
I.
Removal or reconstruction of damaged buildings. No building of nonconforming
use damaged by fire or natural causes to the extent of more than 75%
of its full assessed value shall be repaired or rebuilt for such use;
that is, any reconstruction must be in conformity with the regulations
of this chapter.
