This chapter shall be known as the "Village of Sloan Zoning
Ordinance of 1958."
The zoning regulations and districts hereinafter set forth are
made in accordance with a comprehensive plan for classifying, regulating
and restricting the height, number of stories and size of buildings
and other structures, the percentage of lot that may be occupied,
the size of yards, courts and other open spaces, the density of population
and the location and use of buildings, structures and land for trade,
industry, residence or other purposes; establishing the boundaries
of districts for said purposes; and providing fines and penalties
for violations, so as to promote the health, safety, morals and general
welfare of the Village of Sloan.
[Amended 4-18-1989 by L.L. No. 1-1989]
For the purpose of this chapter, the Village of Sloan is hereby
divided into five classes of districts known as:
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R
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Residential District
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RA
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Multifamily Apartment District
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RC
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Restricted Business District
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M1
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Light Manufacturing District
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M2
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Industrial District
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A.
The boundaries of the aforesaid districts are hereby established
as shown on a map entitled "Village of Sloan Zoning Map," which accompanies
and is made a part of this chapter. The map designations which accompany
said map, except as hereinafter modified by any provision of this
chapter, are hereby declared to be an integral part of said map. Except
where otherwise referenced on said map, the district boundary lines
are intended to follow lot lines or the center lines of streets.
B.
As evidence of the authenticity of the Zoning Map, said map shall
be duly certified by the Village Clerk. The Village Clerk shall show
by such certification the effective date of the Zoning Ordinance,
including said map. Whenever said map is amended, the same form of
authentication shall be duly followed. The Village Clerk shall issue
certified copies of the Zoning Ordinance under such regulations as
shall be established by him.
C.
The Zoning Map and each amendment thereto, when duly certified, shall
be filed in the office of the Village Clerk.
[Added 4-18-1989 by L.L. No. 1-1989]
The following rules of construction of language shall apply
to the text of this chapter:
A.
Words used in the present tense include the future tense.
B.
Words used in the singular include the plural, and words used in
the plural include the singular.
C.
The word "lot" includes the word "plot" or "parcel."
D.
The word "person" includes an individual, firm or corporation.
E.
The word "shall" is always mandatory.
F.
The words "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
G.
A building or structure includes any part thereof.
H.
Any reference to R or M Districts without further specification,
such as R, RA, RC, M1 or M2, shall be interpreted as residence, business
and manufacturing districts as defined in § 455-3, Districts
enumerated; provided, however, that this interpretation in no way
abrogates the intent of Article III, Miscellaneous Provisions, nor
shall it indicate that any district with an R or M prefix permits
the same uses as any other district with the same prefix unless the
use or uses are so listed as a permitted use or uses. This provision
is particularly designed to ensure that the M1 District uses are conducted
within a completely enclosed building.
[Added 4-18-1989 by L.L. No. 1-1989]
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
A use or building customarily incidental and subordinate
to the principal use or building and, except as otherwise provided,
located on the same lot with such principal use or building.
Any change, rearrangement or addition to or any relocation
of a building or structure or any modification in construction or
equipment.
Any area under a roof, with or without a finished floor,
which does not meet other requirements for livable floor area.
As defined in the New York State Uniform Fire Prevention
and Building Code.
Refers to the continuous frontage on one side of a street,
either between side streets or the beginning and end of a street with
frontage uninterrupted by other streets.
A combination of any materials, whether portable or fixed,
having a roof to form a structure affording shelter for persons, animals
or property.
The vertical distance measured from the average elevation
of the proposed finished grade of the building to the highest point
of the roof for flat roofs, to the deckline of mansard roofs (roofs
with a double pitch on all sides) and to the mean height between eaves
and ridge for gable, hip and gambrel roofs. For the purpose of determining
maximum permitted height for principal buildings, such measurement
shall be made from the average finished grade at the front setback.
For the purpose of side yard or rear yard determination, such measurement
shall be made from the average finished grade of the wall extending
along such side yard or rear yard.
A building separated on all sides from the adjacent open
area or from other buildings or other structures by a permanent roof
and by exterior walls or party walls, pierced only by windows or normal
entrances or exit doors.
See "basement."[1]
A building or portion of a building used as the living quarters
for one or more families.
DWELLING UNIT — One or more rooms designed for occupancy
by one family for cooking, living and sleeping purposes.
SINGLE-FAMILY DWELLING — A building containing one dwelling
unit and designed or used exclusively for occupancy by one family.
TWO-FAMILY DWELLING — A building containing two dwelling
units and designed or used exclusively for occupancy by two families
living independently of each other; or two one-family dwellings having
a party wall in common.
MULTIFAMILY DWELLING — A building or portion thereof containing
three or more dwelling units and designed or used for occupancy by
three or more families living independently of each other.
A group of two or more dwellings located on the same lot
and having any yard or open space in common.
An increase in floor area of an existing building or an increase
in size of any existing structure or an increase in the area of land
used for an existing open use.
An increase in the amount of existing floor area used for
an existing use in an existing building.
One or more persons related by birth, marriage or other domestic
bond, occupying a dwelling unit and living as a single housekeeping
unit; provided, however, that temporary gratuitous guests or roomers,
not in excess of the number allowed as an accessory use by this chapter,
may be permitted.
An accessory building or portion of a main building used
for the storage of self-propelled vehicles, including commercial vehicles
having a rated capacity of not more than 3/4 ton, used by the occupants
of the premises, and which may include space for not more than one
vehicle used by others.
ATTACHED GARAGE — A garage which is structurally attached
to a principal building and which may have livable floor area adjoining
not more than one wall of such garage.
INTEGRAL GARAGE — A garage which is structurally attached
to a principal building and which has livable floor area adjoining
one or more walls of such garage.
Any area of land, including structures thereon, that is used
primarily for the sale of gasoline or other motor vehicle fuel. Accessory
uses may include the sale of oil, other lubricating substances or
motor vehicle accessories or facilities for lubricating or for the
incidental replacement of parts or motor service to passenger automobiles
or trucks not exceeding 1 1/2 tons' rated capacity, but
shall not include general repair, rebuilding or reconditioning of
engines, motor vehicles or trailers, or collision service, body repair,
frame straightening, painting, undercoating, vehicle steam cleaning
or upholstering.
Any use customarily conducted entirely within a dwelling
and carried on only by the residents thereof and which is clearly
incidental and secondary to the use of the dwelling for living purposes
and does not change the character thereof, provided that:
Only customary home appliances are used.
There is no exterior evidence of such "home occupation" other
than a permitted identification sign.
No article is sold or offered for sale except such as may be
produced by members of the family residing on the premises.
Any use first permitted and as regulated in the RC or M District
shall not be interpreted as being a home occupation.
See "motel."
A place where junk, waste, discarded or salvaged materials
are bought, sold, exchanged, sorted, baled, packed, disassembled,
handled or abandoned, but not including pawnshops, antique shops or
establishments for the sale, purchase or storage of used furniture,
household equipment, clothing, used motor vehicles capable of being
registered or machinery to be reused for the purpose for which originally
manufactured.
The keeping of more than three dogs that are more than six
months old.
A parcel of land occupied or capable of being occupied by
a principal building or use or a group of principal buildings or uses
that are united by a common interest or customary accessory building
or uses, and including such open spaces to be used in connection with
such buildings or uses. A "lot" may or may not be a lot of record.
A lot at the junction of and fronting on two or more intersecting
streets.
The mean horizontal distance between the front and rear lot
lines.
A lot other than a corner lot.
The property lines bounding the lot. Where any property line
parallels a street and is not coincident with the street line, the
street line shall be construed as the property line for the purpose
of complying with the area and setback regulations of this chapter.
LOT LINE, FRONT — Where a lot abuts upon only one street,
the street line shall be the "front lot line." Where a lot abuts upon
more than one street, the assessment roll of the Village of Sloan
shall determine the "front lot line."
LOT LINE, REAR — Any lot line which is opposite and more
or less parallel to the front lot line. In the case of a lot which
comes to a point at the rear, the "rear lot line" shall be an imaginary
line, 10 feet in length, entirely within the lot, parallel to and
most distant from the front lot line.
LOT LINE, SIDE — Any lot line which is not a front lot
line or a rear lot line.
A lot in which the front lot line and rear lot line abut
a street.
The least horizontal distance across the lot between side
lot lines, measured at the front setback of a main building erected
or to be erected on such lot or at a distance from the front lot line
equal to the required depth of the front yard.
Occupancy of a building in part as a dwelling and in part
for some other use not accessory thereto.
A transportable, single-family dwelling unit suitable for
year-round occupancy and containing the same water supply, waste disposal
and electrical conveniences as immobile housing.
A tract of land owned, operated and maintained by a person,
company or corporation where rental space and utilities are provided
for two or more mobile homes used for living quarters.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing accessory
off-street parking facilities. The term "motel" includes buildings
designated as motor lodges, auto courts and similar appellations and
may include a full-service restaurant.
Any lawful building or structure or any lawful use of land,
premises, building or structure which lawfully existed prior to the
adoption and effective date of this chapter or any subsequent amendment
thereto, but which does not conform to the regulations of this chapter
for the district in which such building, structure or use is located,
by reason of either such adoption and effective date of this chapter,
or as a result of such subsequent amendments thereto, subject to the
requirements of § 455-14 of this chapter.[2]
Any building where persons are housed and lodged and furnished
with meals and nursing care for hire.
Any garage other than a private garage or gasoline service
station and which is used for storage, repair, rental, greasing, washing,
servicing, adjusting or equipping of automobiles or other vehicles.
Replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment, with like or similar
materials or parts, for the purpose of maintenance of such building,
structure, device or equipment.
A temporary storage space for a vehicle waiting for service
or admission.
FULL-SERVICE RESTAURANT — An eating establishment where
the products sold are consumed within a completely enclosed building,
where the taking out of food or drink from said building is purely
incidental and where the consumption of food in vehicles on the premises
where the building is located is prohibited.
DRIVE-IN RESTAURANT — An eating establishment whose customers
normally arrive by motor vehicle, are provided quick-service food
and drink and may retire outside to consume their purchases.
The least horizontal distance from any existing or proposed
building or structure to the nearest point in an indicated lot line
or street line.
A "sign" is any structure or part thereof or any device attached
to, painted on or represented on a building or other structure, including
billboards, upon which is displayed or included any letter, number,
work, model, banner, flag, pennant, insignia, decoration, device or
representation used as or which is in the nature of an announcement,
direction, advertisement or other attention-directing device. A "sign"
shall not include a device located within a building, except for signs
within show windows visible on the outside. A motor vehicle or trailer
shall be deemed a "sign" if it is lettered or displayed in such a
fashion so as to attract attention and is utilized to advertise or
otherwise call attention to a business located in or event taking
place in the Village of Sloan.
For the purpose of this chapter, a "sign" does not include:
Flags, pennants, insignias or emblems of a duly constituted
governmental body or agency.
Signs, whether permanent or temporary, placed by or at the direction
of any duly constituted governmental body or agency for the purpose
of regulation, direction or instruction, including but not limited
to traffic control signs, railroad warning signs, parking signs and
legal notices.
Memorial plaques, markers, monuments and tablets.
Any signs otherwise required to be erected, constructed or maintained
by any applicable law, rule, regulation, ordinance or order, provided
that the content and/or size of any such sign does not exceed the
requirements of such law, rule, regulation, ordinance or order.
Signs not exceeding three square feet in total area which convey
information necessary for the safety or convenience of the public,
including but not limited to parking signs, rest room designations
and signs designating loading areas.
Signs, banners, pennants and decorations temporarily displayed,
for a period not to exceed seven days, in connection with local or
national festivities, holidays or similar activities.
Signs which are accessory to churches, schools and civic, social
and fraternal associations and which do not exceed 12 square feet
in total area.
A map or plan showing the proposed development of an area.
It shall be drawn to a scale of not less than one inch equals 50 feet
and shall include or be accompanied by the following:
[Amended 12-11-2007 by L.L. No. 2-2007]
Existing conditions:
A boundary line survey of the property to be developed, bearing
the seal of a licensed surveyor or engineer.
Existing elevations of the property with a contour interval
of not more than two feet.
The location of any buildings or structures to remain and/or
be removed.
The location of all utilities, including sanitary and storm
sewers, water, gas and electric, serving the site.
Streets on or adjacent to the tract, with names, pavement widths,
rights-of-way and pertinent elevations of such items as street pavement
center line, curbs, walks, culverts, etc.
Proposed improvements:
The location of all proposed buildings and structures, showing
ground-floor elevations.
The location of all proposed access drives, pedestrian walks
and off-street parking and/or loading areas.
The location and description of any fences or signs.
A lighting plan, if required by the Village.
A planting or landscape plan.
The proposed sanitary sewage disposal plan approved by the appropriate
Village and/or county agency.
A plan for stormwater and surface drainage, including a revised
grading plan to one-foot contour intervals or, if required under Chapter
390 of this Code, a SWPPP, together with the recommendation of the
SMO to approve, approve with modifications, or disapprove the SWPPP
pursuant to § 390-4B of this Code. If a SWPPP is required
to be submitted, the site plan shall not be approved unless the SWPPP
and site plan comply with the requirements set forth in Chapter 390
of this Code.
An employee or officer designated by the Village to accept
and review stormwater pollution prevention plans, forward the plans
to the applicable municipal employee, officer or board, and inspect
stormwater management practices, as provided in Chapter 390, Stormwater
Management, of this Code.
[Added 12-11-2007 by L.L. No. 2-2007]
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities, as more particularly
described in Chapter 390, Stormwater Management, of this Code.
[Added 12-11-2007 by L.L. No. 2-2007]
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams or girders.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location,
but not including a trailer.
A vehicle used for living or sleeping purposes and standing
on wheels or on rigid supports.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
That portion of a lot extending open and unobstructed from
the ground upward along a lot line.
That portion of a rear yard of a through lot extending along
a street line and from the street line for a depth equal to a required
front yard. Any front yard equivalent shall be subject to the regulations
of this chapter which apply to front yards.
A yard extending the full length of the front lot line between
the side lot lines.
A yard having a depth or width set forth in the applicable
district regulations. Such width or depth shall be measured perpendicular
to lot lines.
A yard extending along a side lot line from the required
front yard to the required rear yard, except that, on a corner lot
where the side lot line abuts a street, the "side yard" shall extend
from the required front yard to the rear lot line.
EXTERIOR SIDE YARD — A side yard extending along a street
line.
INTERIOR SIDE YARD — A side yard extending along a lot
line of an adjoining lot.
