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:
(1) 
They are one and one-half (1 1/2) square feet or less in area.
(2) 
Any sign not attached to a principal building must be one square foot in area or less.
(3) 
A sign may be illuminated if the light is nonintermittent and produces no glare beyond the property line.
A. 
Junkyards will be permitted in the Planned Commercial District, according to its regulations.
B. 
The following additional restrictions shall apply to junkyards:
(1) 
Conformance with § 119-28.
(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. 
Restrictions.
(1) 
Required off-street parking areas shall not be located within required yard areas in any district.
(2) 
In B-1 Districts, off-street parking or loading areas will not be permitted in front of any principal building.
B. 
All open off-street parking or loading areas shall be visually screened from adjacent residential lots by a wall, fence or hedge at least six feet in height, subject to Zoning Board of Appeals/Planning Board approval.
[Amended 4-21-2015 by L.L. No. 3-2015]
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.
(1) 
Excavations in connection with the construction of a building for which a building permit has been issued shall be permitted in any district.
(2) 
Any excavation must, at all times, be marked, covered or fenced to sufficiently protect public safety at all times during the operation.
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.
A. 
No vibration, odor or glare shall be evident at the lot line. (See § 119-32.)
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.