No building, structure or land shall hereafter be used and no
building, structure or part thereof shall be erected, moved or altered
unless for a use expressly permitted by and in conformity with the
regulations herein specified for the district in which it is located,
except as hereinafter provided.
A.
Building and structure height. No building or structure shall hereafter
be erected or altered to exceed in height the limit designated for
the district in which it is located.
B.
Space and area regulations. No building or structure shall be hereinafter
erected; nor shall any existing building or structure be altered,
enlarged or moved; nor shall any lot, yard, lot width, open space,
loading or parking space required in relation to any building or structure
or use be encroached upon or reduced in any manner not in conformity
with the lot area, lot area per family, lot coverage, open space and
building bulk regulations, yard requirements, and other space and
area regulations designated herein for the district in which it is
located, unless such reduction is by a duly constituted public authority
for a public purpose.
C.
Yard as related to a building or structure. No part of a yard or
other open space required appurtenant to any building or use shall
be included as a part of a yard or other open space required for any
other building on any other lot.
D.
Use of yards. Yards, as required herein, shall not be used for the
storage of merchandise, equipment, building materials, junk, vehicles,
vehicle parts or any other material or for signs except as specific
provision is made therefor.
Except as otherwise provided by this chapter, no building, structure
or land shall be used nor shall any building or structure be built
or altered except for the purposes specified in the following schedules.
A.
Permitted principal uses, buildings and other structures.
B.
Permitted accessory uses, buildings and other structures.
(1)
Accessory use of building as defined herein.
(2)
In a one-family dwelling; the keeping of not more than two roomers
and/or boarders.
(3)
Between the yards of a one-family dwelling; outdoor storage of not
more than one each of the following: boat, boat trailer, camp trailer,
cargo trailer, each of which shall be owned for personal use by a
person visiting or residing on the premises.
(4)
Between the yards of a one-family dwelling, two-family dwelling,
semidetached dwelling, multifamily dwelling, row or townhouse dwelling,
or residential hotel; garages or open parking for operative passenger
vehicles of persons visiting or residing on the premises.
(5)
Between the yards of a one-family dwelling; a playhouse, tool house
or garden house.
(6)
Between the yards of a one-family dwelling; private swimming pool not operated for gain, subject to the additional provisions of § 160-16B(26).
(7)
Off-street parking for commercial vehicles while loading and unloading as required by § 160-16B(18).
(8)
Off-street parking and automobile storage space as required by § 160-16B(17).
(9)
Signs as permitted by § 160-16B(23).
(10)
Temporary structures as permitted by § 160-16B(27).
C.
Uses for which the Board of Appeals may issue a special permit in accordance with the provisions of § 160-14.
(2)
Boardinghouse and/or rooming house.
(3)
Church or parish house on a site of not less than three acres.
(4)
Clinic, dental.
(5)
Clinic, medical.
(6)
Clubhouse.
(7)
Electric substation or gas district governor station.
(8)
Hospital on a site of not less than three acres.
(9)
Mobile home park or house trailer camp conforming to the additional provisions of § 160-16B(14).
(10)
Nursery school on a site of not less than three acres.
(11)
Nursing or convalescent home on a site of not less than three
acres.
(12)
Playground.
(13)
Private or commercial automobile parking lot on land directly
abutting a business district at the side or rear, provided that no
part of such lot extends more than 400 feet beyond the boundary line
of such business district or extends into a front yard or extends
closer to the side line of the lot than 50 feet, and provided that
wherever abutting other than commercial property the parking lot is
to be densely planted to trees and shrubs for a depth of not less
than 25 feet.
(14)
Public use.
(15)
Sanitarium or sanatorium on a site of not less than three acres.
(16)
Tourist home.
D.
Area, yard, coverage and height provisions.
(1)
General. The area, yard, coverage and height provisions established
by this section apply to all permitted uses in R 3,500 Districts for
which special criteria are not established elsewhere in this chapter.
(2)
Area per establishment served by public sewers as defined herein.
The minimum area per establishment served by a public sewer as defined
herein shall be 8,000 square feet.
(3)
Area per establishment not served by a public sewer as defined herein.
The minimum area per establishment not served by a public sewer as
defined herein shall be one acre.
(4)
Area per two-family or semidetached dwelling served by a public sewer
as defined herein. The minimum lot area per two-family or semidetached
dwelling served by public sewer as defined herein shall be 12,000
square feet.
(5)
Area per two-family or semidetached dwelling not served by a public
sewer as defined herein. The minimum lot area per two-family or semidetached
dwelling not served by a public sewer as defined herein shall be one
acre per dwelling unit.
(6)
Area per dwelling unit, multifamily, row or townhouse dwelling served
by public sewer as defined herein. The minimum lot area per dwelling
unit for multifamily, row or townhouse dwelling of three or more dwelling
units served by public sewers as defined herein shall be 12,000 square
feet plus 3,500 square feet per dwelling unit for any dwelling units
in excess of two.
(7)
Area per dwelling unit, multifamily, row or townhouse dwelling not
served by public sewers as defined herein. The minimum lot area per
dwelling unit for multifamily, row or townhouse dwellings not served
by public sewers as defined herein shall be one acre.
(8)
Area per dwelling unit, residential hotels served by public sewers
as defined herein. The area per dwelling unit for residential hotels
served by public sewers as defined herein shall be 3,500 square feet.
(9)
Area per dwelling unit, residential hotels not served by public sewers
as defined herein. The area per dwelling unit for residential hotel
not served by public sewers as defined herein shall be one acre.
(10)
Lot dimensions, interior lots served by public sewers as defined
herein. The minimum width of an interior lot served by public sewers
as defined herein at the front building line shall be 80 feet.
(11)
Lot dimensions, interior lots not served by public sewers as
defined herein. The minimum width of an interior lot not served by
public sewers as defined herein at the front building line shall be
200 feet.
(12)
Lot dimensions, corner lots served by public sewers as defined
herein. The minimum width of a corner lot served by public sewers
as defined herein at the building line parallel to the street considered
to be the front street shall be 94 feet.
(13)
Lot dimensions, corner lots not served by public sewers as defined
herein. The minimum width of corner lot not served by public sewers
as defined herein at the building line parallel to the street considered
to be the front street shall be 214 feet.
(14)
Front yards, interior lots, dwelling structures. No part of
any dwelling building or structure shall extend nearer to the street
line than 30 feet or nearer to the center line of the street than
55 feet, whichever distance requires the greater setback from the
street line.
(15)
Rear yards, interior lots, dwelling structures. There shall be a rear yard of not less than 25 feet, except that in the case of through lots the front yard requirement specified by Subsection D(14) above shall be observed on both streets.
(16)
Side yards, interior lots, single-family dwellings. There shall
be two side yards with a total width of not less than 24 feet for
a single-family dwelling located on an interior lot. The minimum width
of any side yard shall not be less than 1/3 of the total of the two
side yards.
(17)
Side yards, interior lots, two-family dwelling. There shall
be two side yards with a total width of not less than 30 feet for
a two-family dwelling located on an interior lot. The minimum width
of any side yard shall not be less than 1/3 of the total of the two
side yards.
(18)
Side yards, interior lots, semidetached dwellings. There shall
be one side yard of not less than 15 feet for each semidetached dwelling
located on an interior lot.
(19)
Side yards, interior lots, multifamily dwellings or residential
hotels of three or more dwelling units. There shall be two side yards
having a total width of not less than 36 feet plus six additional
feet for each dwelling unit in excess of three contained in the building
for multifamily dwelling buildings or residential hotels located on
interior lots. The width of the narrower of the two side yards shall
not be less than 1/3 of the total width of the two side yards, however,
any side yard in excess of 60 feet accumulated under the above schedule
may be applied as additional width for one or more outer courts which,
to start with, are not less than 35 wide or 35 feet deep.
(20)
Side yards, row or townhouse dwellings. There shall be two side
yards per group of row or townhouse dwellings having a total width
of not less than 36 feet plus six additional feet for each dwelling
in excess of three included in the groups or row located on an interior
lot. The total width of the two side yards shall be equally distributed
between the two side yards.
(21)
Yards, corner lots, dwelling structures. In the case of a corner lot, both yards abutting streets shall be considered front yards and be determined as provided in Subsection D(14). In addition there shall be one rear yard with a minimum width of 25 feet and one minimum side yard specified for the class of dwelling building to be located on the corner lot as specified in Subsection D(16), (17), (18), (19) or (20).
(22)
Front yards, interior lots, nondwelling structures. No part
of any nondwelling structure shall extend nearer to the street line
than 50 feet or nearer to the center line of the street than 75 feet,
whichever distance requires the greater setback from the street line.
(23)
Rear yards, interior lots, nondwelling structures. There shall be a rear yard of not less than 35 feet, except that in the case of a through lot the front yard requirement specified in Subsection D(22) shall be observed on both streets.
(24)
Side yards, interior lots, nondwelling structures. Unless otherwise
specified, each nondwelling structure shall have two side yards with
a total width of not less than 60 feet. The width of the narrower
of the two side yards shall not be less than 1/3 of the total of the
two side yards.
(25)
Yards, corner lots, nondwelling structures. In the case of a corner lot, both yards abutting streets shall be considered front yards and be determined as provided in Subsection D(22). In addition, there shall be a rear yard with a minimum width of 35 feet and a side yard with a minimum width of 20 feet.
(26)
Height, dwelling building or structure. For each foot that a
dwelling building or permitted accessory structure exceeds 35 feet,
such building or structure shall be offset one foot from the property
lines in addition to the applicable yard requirements.
(27)
Height, nondwelling structures. For each foot a nondwelling
structure exceeds 35 feet in height, such structure shall be offset
four feet from the property lines in addition to the applicable yard
requirements.
(28)
Coverage, lots served by public sewers as defined herein. The
maximum coverage of lots to be served by public sewers as defined
herein shall be 25%.
(29)
Coverage, lots not served by public sewers as defined herein.
The maximum coverage of lots not served by public sewers as defined
herein shall be 7%.
(30)
Substandard lots. A one-family dwelling may be constructed on a lot existing prior to the date of this enactment not adjoined at the side by other unoccupied land in the same ownership having an area of less than 8,000 square feet, provided that the lot is served by a public sewer as defined herein and that the other requirements of this Subsection D are met.
E.
Location of driveways. No driveway shall intersect a street line
less than 70 feet from the intersection of any two street lines.
F.
Cluster or large-scale development.
(1)
Upon presentation to the Planning Board of a site plan showing the
location of buildings, streets, yards and other open spaces for the
unified residential development of an area, the Planning Board may
waive the heretofore established front yard requirements except along
streets shown on the Master Plan as primary and secondary thoroughfares,
provided:
(a)
The net land area per dwelling unit in a development provided
with public sewers as defined herein is not less than 8,000 square
feet.
(b)
The net land area per dwelling unit in a development not provided
with public sewers as defined herein is one acre.
(c)
The minimum distance between any two buildings or structures
shall not be less than 50 feet.
A.
Permitted principal uses, buildings and other structures.
(1)
Apparel and accessory stores.
(2)
Amusement and recreation services.
(3)
Bank.
(4)
Bar or tavern.
(5)
Boardinghouse and/or rooming house.
(6)
Church.
(7)
Clinic, dental.
(8)
Clinic, medical.
(9)
Clubhouse.
(10)
Credit agencies other than banks.
(11)
Drugstore.
(12)
Eating and drinking establishments.
(13)
Financial establishment.
(14)
Food store.
(15)
Funeral home.
(16)
Furniture store.
(17)
General merchandise store.
(18)
Grocery store.
(19)
Hardware store.
(20)
Home furnishing and equipment store.
(21)
Hotel.
(22)
Insurance carriers, agents, brokers and services.
(23)
Legal services.
(24)
Library.
(25)
Medical and other health services.
(26)
Miscellaneous business services.
(27)
Miscellaneous repair services.
(28)
Miscellaneous retail store, including the making of articles
to be sold at retail on the premises, provided that any such manufacturing
or processing shall be incidental to a retail business and not more
than five persons shall be employed in such manufacturing or processing.
(29)
Miscellaneous services.
(30)
Motel, subject to the additional provisions of § 160-16B(15).
(31)
Motion-picture theater other than drive-in.
(32)
Office, business.
(33)
Office, professional.
(34)
Personal service establishment.
(35)
Place of assembly.
(36)
Real estate establishment.
(37)
Restaurant.
(38)
Security and commodity brokers, dealers and services.
(39)
Theater.
(40)
Tourist home.
B.
Permitted accessory uses, buildings and other structures.
(1)
Accessory buildings and structures customarily associated with the
principal permitted use.
(2)
Off-street parking for commercial vehicles while loading and unloading as required by § 160-16B(18).
(3)
Off-street parking and automobile storage space as required by § 160-16B(17).
(4)
Signs as permitted by § 160-16B(23).
(5)
Temporary structures as permitted by § 160-16B(27).
(6)
Ambulance service.
[Added 5-9-1972 by L.L. No. 1-1972]
C.
Uses for which the Board of Appeals may issue a special permit in accordance with the provisions of § 160-14.
(1)
Automobile sales area.
(2)
Bakery employing not more than five persons.
(3)
Bowling alley or similar recreational establishment entirely enclosed
within a building.
(4)
Drive-in business other than drive-in theaters, subject to the additional provisions of § 160-16B(4).
(5)
Garage, public, subject to the additional provisions of § 160-16B(20).
(6)
Hospital, including nurses' home.
(7)
Laundry, coin-operated, dry cleaner.
(8)
Motor vehicle service station, subject to the additional provisions of § 160-16B(20).
(9)
Nursing or convalescent home.
(10)
Transportation terminal.
(11)
Warehouse.
(12)
Wholesale business.
D.
Bulk, coverage and yard provisions.
(1)
Bulk. The maximum floor area ratio permitted shall be 3:1.
(2)
Coverage. The maximum lot coverage permitted shall be 100% of the
land area as defined herein.
(3)
Yards. All buildings and structures constructed on lots which abut
nonbusiness districts shall be so located as to conform in respect
to the abutting yard width with the side or rear yard requirements
as the case may be for the district against which the lot abuts.
(4)
Corner lots. All buildings and structures constructed on corner lots shall conform to § 160-16B(16).
E.
Fire-resistant construction. All buildings constructed in GB General
Business District shall be of fire-resistant construction as defined
herein.
F.
Location of driveway. No driveway center line shall intersect a street
line less than 70 feet from the intersection of any two street lines.
A.
Permitted principal uses, buildings and other structures.
(1)
Agriculture.
(2)
Animal husbandry.
(3)
Crematorium.
(4)
Forest nurseries, tree seed gathering and extracting and gathering
of gums and barks.
(5)
Forestry service.
(6)
Animal hospital or veterinary clinic.
(7)
Kennel.
(8)
Logging camp.
(10)
Motor freight terminal.
(11)
Public use.
(12)
Public utilities installation, including electric transmission
lines.
(13)
Quarrying of stone, sand and gravel, subject to the additional provisions of § 160-16B(22).
(14)
Radio or television transmission facilities and their customary
appurtenances.
(15)
Sawmills and planing mills.
(16)
Stable, public or private.
(17)
Storage, open.
(18)
Storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable substance, subject to the additional requirements of § 160-16B(25).
(19)
Timber tract.
(21)
Ambulance service.
[Added 5-9-1972 by L.L. No. 1-1972]
B.
Permitted accessory uses, buildings and other structures.
(1)
Accessory buildings and other structures customarily associated with
the principal permitted uses.
(2)
Off-street parking for commercial vehicles while loading and unloading as required by § 160-16B(18).
(3)
Off-street parking and automobile storage as required by § 160-16B(17).
(4)
Signs as permitted by § 160-16B(23).
(5)
Temporary structures as permitted by § 160-16B(27).
C.
Uses for which the Board of Appeals may issue a special permit in accordance with the provisions of § 160-14.
(1)
Carnival, subject to the additional provisions of § 160-16B(8).
(2)
Circus, subject to the additional provisions of § 160-16B(8).
(3)
Drive-in outdoor business, including drive-in outdoor theater, subject to the additional provisions of § 160-16B(4).
(4)
Fair, subject to the additional provisions of § 160-16B(8).
(5)
Junkyard, subject to the additional provisions of § 160-16B(11).
D.
Industrial performance standards, general. Industrial districts are
established to provide for those uses whose activities do not usually
constitute a fire or explosive hazard or emit smoke, glare, noise,
odor or dust or in other way constitute a nuisance or be detrimental
to neighboring properties. For the purposes of this chapter, nuisances
are defined as follows:
(1)
Noise. It shall constitute a nuisance for any person, firm or corporation
to permit the emission of measurable noises as measured at the individual
property lines to exceed 70 decibels during the periods between 6:00
a.m. and 10:00 p.m. or 60 decibels during the periods between 10:00
p.m. and 6:00 a.m., except that if the sound level exceeds these established
levels for a period not to exceed six minutes in any 60 minutes and
then does not exceed these established levels by more than 10% a nuisance
shall not be deemed to exist.
(2)
Smoke. It shall constitute a nuisance for any person, firm or corporation
to permit the emission of smoke from any source whatever of a density
equal to or greater than that density described as No. 2 on the Ringelmann
Chart as published by the United States Bureau of Mines, except that
if the density of smoke exceeds that described as No. 2 on the Ringelmann
Chart for a period not longer than four minutes in any single period
of 60 minutes, a nuisance shall not be deemed to exist.
(3)
Particulate matter. The rate of emission of particulate matter from
all manufacturing processes within the boundaries of any lot shall
not exceed a net figure of two pounds per hour per acre, of which
no more than 10% by weight of particles larger than 44 microns three-hundred-twenty-five-mesh
shall be allowed.
(4)
Noxious gases. It shall constitute a nuisance for any person, firm
or corporation to permit or cause the escape of such quantities of
noxious acids, fumes or gases in such manner and concentration as
to endanger the health, comfort and safety of any person or cause
or have a tendency to cause injury or damage to property, business
or vegetation.
(5)
Glare. It shall constitute a nuisance for any person, firm or corporation
to permit the edge of the beam of any artificial light source to cross
the boundary line of the lot on which this light source is situated.
For this purpose, the edge of the beam is defined as the surface at
which the intensity of light does not exceed 10% of the luminescence
of the center of the beam.
E.
Area, yard, coverage, height and bulk requirements.
(1)
General. The area, yard, coverage and height provisions established
by this section apply to all permitted uses in M Districts for which
special criteria are not established elsewhere in this chapter.
(2)
Area per establishment. Except as specified otherwise, the minimum
area per establishment shall be three acres.
(3)
Lot dimensions. Except as specified otherwise, the minimum width
of the lot at the front building line shall be 300 feet.
(4)
Front yards. No part of any building or structure shall extend nearer
than 60 feet to the side line of the street or 85 feet from the center
line of the street, whichever requires the greater setback from the
street line. No automobile parking space shall extend closer to the
street line than 20 feet.
(5)
Rear yards. There shall be a rear yard of not less than 35 feet.
(6)
Side yards. There shall be two side yards, each having a width of
not less than 35 feet.
(7)
Height. For each foot a building or structure exceeds 35 feet, such
structure shall be offset from the property line one foot in addition
to the applicable yard requirement.
(8)
Coverage. The maximum coverage shall be 60%.
(9)
Bulk. The maximum floor area ratio shall be 1.8:1.
F.
Entrances or exits upon public streets.
(1)
Spacing. The distance between the center line of any adjacent entrance
to or exit from an establishment shall be not less than 100 feet.
(2)
Width. No entrance or exit shall have a greater width than 50 feet.
(3)
Location. The center line of any entrance or exit shall not intersect
the street line less than 70 feet from the intersection of any two
street lines.
G.
Landscape treatment. A property abutting a nonindustrial or nonbusiness
district at the side or rear shall be planted to shrubs and trees
for a width of 15 feet on such abutting property line.
A.
Permitted principal uses, buildings and other structures.
(1)
Agriculture.
(2)
Athletic field.
(3)
Bathing beach.
(4)
Forest nurseries, tree seed gathering and extracting and gathering
of gums and barks.
(5)
Forestry services.
(6)
Game preserve.
(7)
Golf course.
(8)
Handball court.
(9)
Logging camp.
(10)
Parks, public and private.
(11)
Playground.
(12)
Public use.
(13)
Public utilities installations, including electric transmission
lines.
(14)
Rod and gun clubs.
(15)
Ski tow.
(16)
Swimming pool.
(17)
Storage, open.
(18)
Tennis court.
(19)
Toboggan run.
(20)
Wildlife preserve.
B.
Permitted accessory uses, buildings and other structures.
(1)
Accessory buildings and structures customarily associated with the
principal permitted uses.
(2)
Off-street parking for commercial vehicles while loading and unloading as required by § 160-16B(18).
(3)
Off-street parking and automobile storage as required by § 160-16B(17).
(4)
Signs as permitted by § 160-16B(23).
(5)
Temporary structures as permitted by § 160-16B(27).
C.
Uses for which the Board of Appeals may issue a special permit in accordance with the provisions of § 160-14.
(1)
Carnival, subject to the additional provisions of § 160-16B(8).
(2)
Circus, subject to the additional provisions of § 160-16B(8).
(3)
Fair, subject to the additional provisions of § 160-16B(8).
D.
Area, yard, height and coverage requirements.
(1)
General. The area, yard, coverage and height provisions established
by this section apply to all permitted uses in LC Land Conservation
Districts for which special criteria are not established elsewhere
in this chapter.
(2)
Area per establishment. Except as otherwise specified, the minimum
area per establishment shall be one acre.
(3)
Front yard. There shall be a front yard of not less than 80 feet
in depth, into which space there shall be no encroachment of building
construction or automobile parking.
(4)
Side and rear yards. No building or structure or automobile parking
space shall be placed closer to a side or rear property less than
50 feet.
(5)
Height. For each foot that a building or structure exceeds 35 feet,
such building or structure shall be offset four feet from the property
line in addition to the applicable yard requirements.
(6)
Coverage. The maximum coverage permitted shall be 5%.
E.
Location of driveways. No driveway center line shall intersect a
street line less than 70 feet from the intersection of any two street
lines.
A.
Permitted uses, buildings and other structures.
(1)
General. Provisions for Planned Development Districts are included
herein to permit the establishment of areas in which diverse uses
may be brought together in a unified plan of development. In Planned
Development Districts, land and buildings may be used for any purpose
permitted elsewhere in this chapter.
(2)
Size of district. The minimum size of a Planned Development District
shall be 25 acres.
(3)
Width of district. The minimum width of a Planned Development District
shall be 800 feet.
B.
Procedure for establishment of a Planned Development District.
(1)
Application. Application for the establishment of a Planned Development
District shall be made to the Village Board.
(2)
Referral to Planning Board. The Village Board shall refer the application
for a Planned Development District to the Planning Board for a report.
Only after the receipt of such required report or not less than 30
days after such referral in the event of the Planning Board's
failure to act may the Village Board consider the application for
a Planned Development District.
(3)
Requirements of Planning Board. The Planning Board may require the applicant to furnish such preliminary drawings and specifications as may be required for an understanding of the proposed development. In addition to the standards of Subsection A(4), the Planning Board shall consider, among other things, the need for the proposed use in the proposed location, the existing character of the neighborhood in which the Planned Development is proposed and the safeguard needed to minimize possible detrimental effects of the proposed Planned Development District on adjacent property.
(4)
Approval of Planning Board. Within 30 days of the referral, the Planning
Board shall approve, approve with modifications or disapprove such
application and shall report its decision to the Village Board.
(5)
Action by Village Board. Upon receipt of a report from the Planning
Board or in not less than 30 days after referral of the request for
the establishment of a Planning Development District to the Planning
Board in the event of the Planning Board's failure to act, the
Village Board may arrange for a public hearing as required by § 179
of the Village Law for a change in the Zoning Law. The Village Board,
after public hearing, may amend the Zoning Law so as to provide for
the Planned Development District.
(6)
Effect of Village Board approval of Planned Development District. The effect of granting permission for the establishment of the Planning Development District by the Village Board shall be limited to the specific proposal presented for approval within the area designated and according to the plans and specifications submitted. If, after the passage of one year from the date of approval of a Planned Development District, construction has not started, the approval given under the terms of Subsection B(5) is revoked and the land returned to the classification which it held prior to any action consummated pursuant to the provisions of Subsection B(5).
A.
Procedure.
(1)
Application to the Zoning Enforcement Officer. As provided by § 160-20, application for a zoning permit shall be made to the Zoning Enforcement Officer prior to the commencement of the excavation for or the construction of any building or structure or the use of land. If, upon receipt of such application, the Zoning Enforcement Officer determines that the excavation, construction or use of land for which the application is made, requires the issuance of a special permit, he shall, within five days of its receipt, forward the application to the Board of Appeals.
(2)
Action of the Board of Appeals; report of Planning Board. Upon receipt of an application from the Zoning Enforcement Officer, the Board of Appeals shall, as may be provided by § 179-i of the Village Law, refer such application to the Planning Board for a report. Only after the receipt of such requested report from the Planning Board or not less than 30 days after such referral in the event of the Planning Board's failure to act, and after public hearing, except as provided in § 160-15, may the Board of Appeals authorize the Zoning Enforcement Officer to issue a special permit for buildings, structures or uses of land as provided in this chapter.
B.
Standards. Such special permits, however, may be authorized by the Board of Appeals only upon satisfaction of each instance of such conditions as to the general character, height and use of structure or structures; as to the provisions of surrounding open space and the treatment of grounds; as to the general fitness of the structure or use to its proposed location; as to the provisions for automobile parking or storage; and as to street capacity and use, in the opinion of the Board, may be necessary to safeguard public health, comfort, convenience and as may be required for the preservation of the general character of the neighborhood in which such building and/or structure is to be placed or such use is to be conducted. Specifically the standards established by §§ 160-8 through 160-13 and § 160-16 shall be applied as they may be applicable to a specific request for a special permit. To assist the Board of Appeals in its determination, an application for a special permit shall be accompanied by plans and other descriptive matter sufficient to clearly portray the intentions of the applicant, and such plans and other descriptive matter shall become a part of the record.
C.
Disposition of Planning Board Report. The entire report of the Planning Board required by Subsection A(2) shall be read aloud at the meeting at which the request for the special permit is considered by the Board of Appeals and included in the minutes. In any case where the Board of Appeals acts contrary to the recommendations of the Planning Board, the minutes shall include a resolution adopted by the Board of Appeals fully setting forth its reasons for such contrary action.
A.
Procedure.
(1)
Application to Zoning Enforcement Officer. As provided by § 160-20, application for a permit shall be made to the Zoning Enforcement Officer prior to the commencement of the excavation for or the construction of any building or structure or the use of land. If upon receipt of such application the Zoning Enforcement Officer determines that the permit for the excavation, construction or use of land cannot issue without the approval of a site plan by the Planning Board, he shall, within five days of its receipt forward the application for permit to the Board of Appeals.
(2)
Initial action by the Board of Appeals. Upon receipt of the application
from the Zoning Enforcement Officer for a permit requiring site plan
approval by the Planning Board, the Board of Appeals shall forward
such application to the Planning Board for its consideration and report,
which report, insofar as site plan approval is concerned, shall be
binding upon the Board of Appeals.
(3)
Action of the Planning Board.
(a)
Meeting with applicant. Upon receipt of the application, the
Planning Board shall notify the applicant in writing of the place,
date and time of the meeting of the Planning Board at which the application
is to be considered and request the applicant's presence to discuss
the application.
(b)
Disposition of application by Planning Board. Within 30 days
of the receipt of the application and after the applicant has had
the opportunity of meeting with the Planning Board, the Planning Board
shall approve, approve with modifications, or disapprove the site
plan. The decision of the Planning Board shall be expressed in the
report to the Board of Appeals, a copy of which shall be mailed to
the applicant at the address indicated on the application.
(4)
Final action by the Board of Appeals. Upon receipt of the report of the Planning Board, relative to the application for a permit for excavation, construction or use of land which does not require the issuance of a special permit as provided in §§ 160-8 through 160-13, the Board of Appeals shall direct the Zoning Enforcement Officer to issue a permit in accordance with the Planning Board's recommendations. If, according to §§ 160-8 through 160-13, the excavation, construction or use of land for which application for a permit has been made, does require the issuance of a special permit, the Board of Appeals shall hold a public hearing as required by law on the application for a permit as approved by the Planning Board, and after such hearing may authorize the Zoning Enforcement Officer to issue a special permit for the excavation, construction or use of land in accordance with a site plan approved by the Planning Board.
B.
Material to be submitted by applicant.
(1)
Vicinity map. This map shall be drawn at the scale of 2,000 feet
to the inch or larger and shall show the relationship of the proposal
to existing community facilities that may affect or serve it, such
as roads, shopping areas, schools, etc. It shall also show all properties,
subdivisions, streets and easements within 500 feet of the property
on which the use for which application is made is proposed to be situated.
Such a sketch may be superimposed on a United States Geological Survey
map of the area.
(2)
Topographic map. This map of the property on which the use for which
application is made is proposed to be situated shall be drawn at the
scale of 100 feet to the inch or larger and shall show existing topography
at a contour interval of not more than five feet. This map shall also
show the location of pertinent natural features that may influence
the design of the proposed use, such as watercourses, swamps, rock
outcrops and single trees eight or more inches in diameter.
(3)
Site plan. This map of the property on which the use for which application is made is proposed to be situated shall be drawn at the same scale as the topographic map required by Subsection B(2) and shall show the location of all automobile parking and all parking for commercial vehicles while loading and unloading; the location and width of all driveways, exits and entrances; the location of any outdoor storage areas; the location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; provide a description and the location of sewage disposal facilities; show the location and size of all signs; the location of proposed buffer areas; and the design of lighting facilities.
(4)
Elevations and/or sections. The site plan required by Subsection B(3) shall be accompanied by elevations and/or sections at the same or larger scale as required for the site plan drawn in sufficient detail to delineate clearly the bulk and height of all buildings and other structures included in the proposal for which application for a permit is made.
B.
Supplementary regulations with respect to specific buildings, structures
and uses.
(1)
Access of a commercial or industrial use. No driveway or other means
of access for vehicles other than a public street shall be maintained
or used in any residence district for the servicing of any use located
in a business or industrial district.
(2)
Cage-type poultry farm. The following shall apply in addition to
all other regulations with respect to cage-type poultry houses as
defined herein:
(a)
Cage-type poultry houses shall be equipped with odor suppressors
of the hydraulic pit or equivalent type of sufficient capacity as
to permit the lapse of not less than four months between cleansings.
(b)
Cage-type poultry house odor suppression devices shall not be
cleaned during the months of June, July, August or September.
(c)
Cage-type poultry houses containing 5,000 birds or less shall
be erected not less than 1,000 feet from the boundary line of a district
in which permitted as it exists at the time application is made for
a zoning permit and not less than 200 feet from any property line.
For each 1,000 birds in addition to 5,000 the additional offset shall
be 50 feet from any property line.
(3)
Cesspool and septic tanks.
(a)
No cesspool or drilled sink shall be installed.
(b)
Where a public sanitary sewer main is not reasonably accessible
in the opinion of the Planning Board, other proper provisions approved
by the Planning Board shall be made for the disposal of sanitary waste.
Individual septic tanks may be permitted in the case of lots of not
less than one acre in area, provided:
[1]
No such septic tank shall be permitted in low, swampy areas
with a high-water table (permanent, fluctuating or seasonal), areas
with ledge rock or areas that are subject to flooding.
[2]
All septic tank installations shall otherwise conform to the
requirements of the New York State Department of Health.
[3]
The pumping of cesspools and septic tanks shall be permitted,
however, the disposal of the contents thereof shall not be permitted
within the Village of Wolcott except as approved by the Village Board.
(4)
Drive-in business. Plans for the erection or structural alteration
of drive-in business establishments as herein defined shall be submitted
to the Planning Board for approval. The Planning Board may require
such changes therein in relation to yards, driveways, driveway entrances
and exits, and the location and height of buildings and enclosures
as it may deem best suited to ensure safety, to minimize traffic hazards
or difficulties and to safeguard adjacent properties.
(5)
Dump.
(a)
No dump as defined herein shall be permitted within the Village
of Wolcott except as approved by the Village Board.
(b)
No burning of garbage, trash, refuse, junk or waste material
of any kind shall be permitted in the Village of Wolcott except as
approved by the Village Board.
(c)
No manure shall be stored within 200 feet of any residence.
(6)
Dwelling; supplementary regulation relating to dwellings.
(a)
Ground floor space.
[1]
No permit for the erection of a one- or two-family dwelling
will hereafter be granted in the Village of Wolcott unless the minimum
ground floor space per dwelling unit shall be as follows:
|
Number of Stories
|
Minimum Ground Floor Space
(square feet)
| |
|---|---|---|
|
1
|
864
| |
|
1 to 1 1/2
|
720
| |
|
2
|
576
|
[2]
The area mentioned herein does not include open or enclosed
porches, basements, garages or carports. All foundations shall be
continuous and of masonry construction.
(b)
No permit for the erection of a row or townhouse dwelling, multifamily
dwelling or residential hotel shall be granted unless each dwelling
unit has a minimum floor area as follows:
|
Type of Apartment
|
Minimum Floor Area
(square feet)
| |
|---|---|---|
|
Efficiency
|
450
| |
|
One-bedroom
|
550
| |
|
Two-bedroom
|
650
| |
|
Three-bedroom
|
750
| |
|
Over three bedrooms
|
As for 1- and 2- family dwellings
|
(c)
Cellar occupancy prohibited. It shall be unlawful to occupy
all or any part of a cellar for sleeping purposes.
(d)
Basement occupancy. Any basement area used for sleeping purposes
shall have not less than two means of egress, at least one of which
shall be a door giving access to an open area whose service is at
least eight inches below the level of the basement floor. Each basement
room used for living purposes shall have a window area opening to
the outside, equal to not less than 1/10 of the floor area of such
room.
(e)
Slope of yards. No building containing dwelling units shall
henceforth be constructed, nor shall any existing building be altered
so as to contain dwelling units unless the surface grade of the front
yard at the front wall of such building be more than one foot above
the established grade of the sidewalk. Where a sidewalk grade has
not been established, the surface grade of the front at the front
wall of the dwelling shall not be less than one foot above the center
line of the street measured at the midpoint between the side lot lines
of the lot. Where there is unusual difficulty in meeting this provision,
the Zoning Enforcement Officer may accept a substitute gradient, provided
that no minus gradient is established within 15 feet of the front
wall or within six feet of either side wall of the building.
(7)
Educational institution.
(a)
Location. No special permit shall be granted for the construction
or expansion of an educational institution unless such institution
has a minimum of 400 feet of frontage on a road designated as a primary
or secondary road on the Master Plan.
(b)
Place of assembly. No sports arena or other place of assembly
having a capacity of more than 1,000 persons shall have entrances
or exits on other than streets that have been designated as primary
or secondary streets in the Master Plan. Where feasible, entrances
and exits should be on primary streets and not on streets intended
for predominantly residential use.
(8)
Fair, carnival, circus. In districts where permitted by §§ 160-8 through 160-13, or on the premises of a building occupied by a church, civic organization or similar nonprofit group in any district, a permit may be issued under the terms of § 160-14 for a fair, carnival or circus for a period not to exceed six days in any calendar year.
(9)
Frontage on public street.
(a)
No dwelling shall be erected on a lot which does not abut on
at least one street for a distance of not less than 40 feet.
(b)
No dwelling may be built or erected directly behind another
dwelling having access on the same street and within 200 feet thereof.
The phrase "directly behind another dwelling" means with more than
1/2 the width of the structure so placed.
(c)
No building in the rear of a main building on the same lot may
be used for residential purposes, except for domestic employees of
the occupants of the main building.
(10)
Fur farm.
(a)
Site plan. Application for the establishment of a fur farm shall
be accompanied by a site plan showing the location of all facilities
and improvements.
(b)
Location of buildings housing animals. No building or other
structure housing animals shall be located less than 1,000 feet from
any district boundary line in which the establishment of fur farms
is not permitted or less than 200 feet from any property line.
(11)
Junkyards.[1]
(a)
Location. No junkyard as here defined shall be located less
than 500 feet from a district boundary line in which junkyards are
not a permitted use.
(b)
Regulations. No zoning permit for a junkyard shall be issued until after compliance with § 160-14. If, after a public hearing before the Board of Appeals, the Board of Appeals authorizes the Zoning Enforcement Officer to issue a zoning permit, the Zoning Enforcement Officer shall refer the application to the Village Board for action under the provisions of the Junkyard Ordinance[2] of the Village of Wolcott.
(12)
Migrant labor camp.
(a)
Where permitted under the terms of this chapter, migrant labor camps shall comply with Chapter 1, Part 15 of the State Sanitary Code.
(b)
In addition to the requirements of Subsection B(12)(a), the following shall apply to migrant labor camps:
[1]
No zoning permit for a migrant labor camp shall be issued for
other than seasonal occupancy as defined herein.
[2]
No zoning permit shall be issued for any migrant labor camp
that uses buses or other vehicles, whether or not operative, other
than mobile homes as defined herein, as space for living, sleeping,
cooking, eating or sanitary facilities.
[3]
No zoning permit shall be issued for any migrant labor camp
which includes buildings or structures of over two stories in height.
[4]
No zoning permit shall be issued for any migrant labor camp
wherein any building or structure appurtenant thereto is less than
150 feet from any property line, 500 feet from any permanent dwelling
unit or 200 feet from any structure or enclosure used as quarters
for livestock or poultry, or building or structure used for the processing
or distribution of commercial food products.
[5]
No zoning permit shall be issued for any migrant labor camp
wherein the following spaces between buildings are not observed:
[6]
No zoning permit shall be issued for any migrant labor camp
in which the coverage exceeds 5%.
[7]
No zoning permit shall be issued for any migrant labor camp
unless parking space as defined herein is provided at the rate of
one space for each family quarters and 1/2 space for each individual
quarters contained in the camp.
(13)
Mobile home or house trailer. The following shall amend other
regulations of the Village of Wolcott with respect to mobile homes:
(14)
Mobile home park or house trailer camp.
(a)
Procedure. No zoning permit for a mobile home park or house trailer camp shall be issued until after compliance with § 160-14. If, after public hearing before the Board of Appeals, the Board of Appeals authorizes the Zoning Enforcement Officer to issue a zoning permit, the Zoning Enforcement Officer shall refer the application to the Village Board for action under the provisions of the Mobile Home or House Trailer Ordinance[5] of the Village of Wolcott, New York.
(15)
Motel. Motor courts or motels, where allowable under this chapter,
shall conform to the following requirements:
(a)
Each rental structure shall contain at least eight rental units.
(b)
Automobile parking space to accommodate not less than one car for each rental unit plus one additional space for every two persons regularly employed on the premises shall be provided. In addition, if the motel includes restaurants, taverns or meeting rooms as accessory uses, parking for these uses shall be provided as required by Subsection B(17) and (18).
(c)
Each rental unit shall be supplied with hot and cold running
water and equipped with a flush toilet. All such fixtures and those
of any accessory uses shall be properly connected to the Village water
and sewer systems, or other arrangements for water supply and sewage
disposal made which are approved by the New York State Health Department.
(16)
Obstruction of vision. In all districts, on a corner lot, within
the triangular area formed by the center lines of streets from their
intersection, as shown on the schedule below, there shall be no obstruction
to vision between the height of 31/2 and the height of 10 feet above
the average grade of each street at the center line thereof. The requirements
of this section shall not be deemed to prohibit the construction of
any necessary retaining wall.
|
Sight Distance for Various Street Widths
| ||
|---|---|---|
|
Street Right-of-Way
(feet)
|
Distance From Intersection
(feet)
| |
|
80 or more
|
120
| |
|
70 to 79
|
110
| |
|
60 to 69
|
100
| |
|
50 to 59
|
90
| |
|
40 to 49
|
80
| |
|
Under 40
|
70
| |
(17)
Off-street parking and automobile storage.
(a)
General provisions.
[1]
Permanent off-street automobile storage, parking or standing
space shall be provided as set forth below at the time of the erection
of any building or structure; at the time any building or structure
is enlarged or increased in capacity by adding dwelling units, guest
rooms, seats or floor area; or before conversion from one zoning use
or occupancy to another. Such space shall be deemed to be required
open space associated with the permitted use and shall not thereafter
be reduced or encroached upon in any manner. Except in a driveway,
no required front yard or portion thereof in any residential district
shall be utilized to provide parking space required in this chapter.
[2]
If the vehicle storage space or standing space required by this
chapter cannot be reasonably provided on the same lot on which the
principal use is conducted, the Board of Appeals may permit such space
to be provided on the other off-street property, provided such space
lies within 400 feet of the main entrance to such principal use. Such
vehicle parking space shall be deemed to be required open space associated
with the permitted use and shall not thereafter be reduced or encroached
upon in any manner.
[3]
Vehicle parking or storage space maintained in connection with
an existing and continuing principal building, structure or land use
on the effective date of this chapter shall be continued and may not
be counted as serving as a new building, structure, addition or land
use; nor shall any required parking space be substituted for an off-street
loading and unloading space, nor any required loading and unloading
space be substituted for parking space.
[4]
The required parking space for any number of separate uses may
be combined in one lot, but the required space assigned to one use
shall not be assigned to another use at the same time, except that
1/2 of the parking space required for churches, theaters or assembly
halls whose peak attendance will be at night or on Sunday may be assigned
to a use which will be closed at night or on Sunday.
[5]
No off-street automobile parking or storage space shall be used
or designed, arranged or constructed to be used in a manner that will
obstruct or interfere with the free use of any street, alley or adjoining
property.
[6]
The parking spaces provided, along with their necessary driveways
and passageways, shall be paved in a manner adequate to eliminate
dust and mud problems. Plans for such parking spaces are to be included
with the plans for the construction of buildings and other structures
and are to be presented to the Zoning Enforcement Officer at the time
application for zoning permits are to be filed. Such parking areas
are kept free of obstructions and unsightly objects. Intersections
of parking areas with sidewalks or street pavements must be made in
an approved manner. Provisions must be made for the adequate drainage
of parking areas.
[7]
No commercial motor vehicle of more than one-ton capacity shall
be parked or stored overnight on the street in any residential district.
(b)
Detailed provisions.
[1]
Amusement facilities: one parking space for every five customers
computed on the basis of maximum servicing capacity at any time, plus
additional space for every two persons regularly employed on the premises.
[2]
Apartment houses (multifamily dwellings, row or townhouses and
apartment hotels): One and one-fourth parking spaces for each dwelling
unit.
[3]
Auditorium: one parking space for every five seats occupied
at maximum capacity.
[4]
Boardinghouse: one parking space for each sleeping room occupied
by roomers or boarders plus one parking space for each dwelling unit
on the premises, plus one additional space for every two persons regularly
employed on the premises.
[5]
Bowling alleys: as required in Subsection B(17)(b)[1].
[6]
Churches: as required in Subsection B(17)(b)[3].
[7]
Civic centers: parking or storage space for all vehicles used
directly in the operation of such establishment, plus four parking
spaces for the first 1,000 square feet of total floor area and one
additional space for every additional 150 square feet of floor area.
[8]
Clubhouses and permanent meeting places of veterans, business,
civic, fraternal, labor and other similar organizations: one parking
space for every 50 square feet of aggregate floor area in an auditorium,
assembly hall and dining room of such building, plus one additional
space for every two persons regularly employed on the premises.
[9]
Colleges (educational institutions): one parking space for every
five seats occupied at maximum capacity in the assembly hall, auditorium,
stadium or gymnasium of greatest capacity on the campus. If the institution
has no assembly hall, auditorium or gymnasium, one parking space shall
be provided for each person regularly employed at such institution,
plus five additional spaces for each classroom.
[10]
Dental clinics: three parking spaces for each
doctor or dentist, plus one additional space for every two regular
employees.
[11]
Dormitories: one parking space for every two beds computed on the basis of the maximum bed capacity of the structure. This requirement is in addition to the parking space as set forth in Subsection B(17)(b)[9].
[12]
Eating establishments: one parking space for every
100 square feet of total floor area.
[13]
Electrical shops: parking or storage space for
all vehicles used directly in the conduct of the business, plus one
parking space for each two persons regularly employed on the premises.
[14]
Fraternity houses: as required in Subsection B(17)(b)[11].
[15]
Freight terminals: parking or storage space for
all vehicles used directly in the business, plus one parking space
for each two persons regularly employed on the premises.
[16]
Funeral homes: parking or storage space for all
vehicles used directly in the conduct of the business, plus one parking
space for every two persons regularly employed on the premises and
one space for every six seats in the auditorium or chapel at such
establishment. If the establishment does not have a chapel or auditorium,
the additional parking to be required for funeral visitors shall be
determined by the Board of Appeals based on the number of funerals
that can be handled at one time, the size of the facilities and other
relevant factors.
[17]
Hospitals: one parking space for every two beds
intended for patients, excluding bassinets.
[18]
Hotels: one parking space for each sleeping room
offered for tourist accommodations, plus one for each dwelling unit
on the premises and one additional space for every two persons regularly
employed on the premises.
[19]
Indoor retail or service business: parking or
storage space for all vehicles used directly in the conduct of such
business, plus four parking spaces for the first 1,000 square feet
of total floor area and one additional space for every additional
150 square feet of floor area.
[20]
Industrial plants and facilities: parking or storage
space for all vehicles used directly in the conduct of such industrial
use, plus one parking space for every three employees on the premises
at the maximum employment on a single shift.
[21]
Junior high schools (secondary): one parking space
for every five seats occupied at maximum capacity in the assembly
hall, stadium or gymnasium of greatest capacity on the school grounds
or campus. If the school has no assembly hall, auditorium, stadium
or gymnasium, one parking space shall be provided for each person
regularly employed at such school, plus two additional spaces for
each classroom.
[22]
Libraries: as required in Subsection B(17)(b)[7].
[23]
Medical clinics: as required in Subsection B(17)(b)[10].
[24]
Mobile homes: one parking space for each mobile
home.
[27]
Museums: as required in Subsection B(17)(b)[7].
[28]
Nurses' home: one parking space for every two beds computed on the basis of the maximum bed capacity of the structure. This requirement is in addition to the parking space requirements for hospitals set forth in Subsection B(17)(b)[17].
[29]
Offices: one parking space for every 200 square
feet of office space.
[30]
Outdoor retail business: parking or storage space
for all vehicles used directly in the conduct of such business, plus
one parking space for every two persons employed on the premises in
maximum seasonal employment and such additional space as may be required
by the Board of Appeals based on the nature of the business and other
related factors.
[31]
Plumbing shops: as required in Subsection B(17)(b)[13].
[32]
Post offices: as required in Subsection B(17)(b)[7].
[33]
Private schools: as required in Subsection B(17)(b)[21].
[34]
Public assembly: as required in Subsection B(17)(b)[3].
[35]
Public school (elementary): one parking space
for each person regularly employed at such school, plus one additional
space for each classroom.
[36]
Public garage, motor vehicle repair: indoor or
outdoor parking or storage space for all vehicles used directly in
the conduct of such business, plus three parking spaces for each person
regularly employed on the premises.
[37]
Recreational centers and facilities: as required in Subsection B(17)(b)[1].
[38]
Repair shops: as required in Subsection B(17)(b)[13].
[39]
Residences (one-family, two-family and semidetached
dwellings): one parking space for each dwelling unit; dwelling unit
with home occupation: four parking spaces.
[40]
Restaurants: as required in Subsection B(17)(b)[12].
[41]
Roofing shops: as required in Subsection B(17)(b)[13].
[42]
Rooming houses: as required in Subsection B(17)(b)[4].
[43]
Self-service laundries and/or dry-cleaning plants:
one parking space for every two washing machines or two dry-cleaning
machines.
[44]
Senior high school (secondary): as required in Subsection B(17)(b)[21].
[45]
Service establishment: as required in Subsection B(17)(b)[19].
[46]
Service station, motor vehicle: parking or storage
space for all vehicles used directly in the conduct of the business,
plus one parking space for each gas pump, three spaces for each grease
rack and one space for every two persons employed on the premises
at maximum employment on a single shift.
[47]
Skating rink: as required in Subsection B(17)(b)[1].
[48]
Sorority house: as required in Subsection B(17)(b)[11].
[49]
Stadium: as required in Subsection B(17)(b)[3].
[50]
Swimming pool: as required in Subsection B(17)(b)[1].
[51]
Tavern: as required in Subsection B(17)(b)[12].
[52]
Theater: as required in Subsection B(17)(b)[3].
[53]
Tourist court: as required in Subsection B(17)(b)[26].
[54]
Tourist home: as required in Subsection B(17)(b)[18].
[55]
Trailer park (house): as required in Subsection B(17)(b)[25].
[56]
Transportation terminal: one parking space for
every 100 square feet of waiting room space, plus one additional space
for every two persons regularly employed on the premises.
[57]
Trucking terminal: as required in Subsection B(17)(b)[15].
[58]
Undertaking establishment: as required in Subsection B(17)(b)[16].
[59]
University: as required in Subsection B(17)(b)[9].
[60]
Warehouse: as required in Subsection B(17)(b)[15].
[61]
Wholesale business: parking or storage space for
all vehicles used directly in the conduct of such business, plus one
parking space for each two persons employed on the premises based
on maximum seasonal employment.
(18)
Off-street parking for commercial vehicles while loading and
unloading.
(a)
General provisions. On the same premises with every building
or structure or part thereof hereafter erected and occupied for the
purpose of business, trade or industry, there shall be provided and
maintained adequate space for the parking of commercial vehicles while
loading and unloading off the street or public alley. Such space shall
have access to a public alley, or if there is no alley, to a street.
Off-street loading and unloading space shall be in addition to and
not considered as meeting a part of the requirements for off-street
parking space. Off-street loading and unloading space shall not be
used or designed, intended or constructed to be used in a manner to
obstruct or interfere with the free use of any street, alley or adjoining
property. Off-street loading and unloading space shall be provided
as set forth at the time of erection of any building or structure
and/or at the time any building or structure is enlarged or increased
in capacity.
(b)
Detailed provisions.
[1]
Freight terminals: one off-street loading and unloading space
at least 12 feet by 55 feet by 14 feet high for every 5,000 square
feet of total floor area.
[2]
Hotels: one off-street loading and unloading space at least
12 feet by 35 feet by 14 feet high.
[3]
Hospitals: one off-street loading and unloading space at least
12 feet by 35 feet by 14 feet high in addition to any necessary emergency
unloading space for ambulances.
[4]
Indoor markets: one off-street loading and unloading space at
least 12 feet by 55 feet by 14 feet high for every 7,500 square feet
or less of total floor area.
[5]
Industrial plants: one off-street loading and unloading space
at least 12 feet by 55 feet by 14 feet high for every 10,000 square
feet of total floor area or as required by the Board of Appeals.
[6]
Retail business: as required in Subsection B(18)(b)[4].
[7]
Service establishments: as required in Subsection B(18)(b)[4].
[8]
Trucking terminals: as required in Subsection B(18)(b)[1].
[9]
Warehouse: as required in Subsection B(18)(b)[1].
[10]
Wholesale storage facilities: as required in Subsection B(18)(b)[1].
(19)
Public garage and motor vehicle service station.
(a)
No public garage or motor vehicle service station or private
garage for more than five cars shall have a vehicular entrance closer
than 200 feet to an entrance to a church, school, theater, hospital,
public park, playground or fire station. Such measurement shall be
taken as the shortest distance between such entrances across the street
if the entrances are on opposite sides of the street, and along the
street frontage if both entrances are on the same side of the street
or within the same square block.
(b)
All motor vehicle service stations shall be so arranged as to
require all servicing on the premises and outside the public way;
and no gasoline pump shall be placed closer to any side property line
than 50 feet or closer to any street line than 10 feet.
(c)
No inoperative motor vehicle shall be kept on the premises of
a motor vehicle service station for longer than 60 days except as
required by public authority.
(d)
All waste material shall be stored within a structure or enclosed
within fencing at least eight feet high and not be visible at any
property line of the establishment.
(e)
On any streets which provide access to gasoline pumps, all repair
facilities shall be at least 15 feet further from the street line
than the side of the gasoline pumps furthest from the street line.
(20)
Quarry, sand and gravel pits, topsoil removal and major excavating,
grading or filling.
(a)
Rock and stone crushing and mixing stone or gravel with asphaltic oils or other binders shall be prohibited in all districts. However, the above shall not prevent issuance by the Board of Appeals of a temporary permit, under Subsection B(25), for a mixing plant in connection with a particular construction project for the period of its construction.
(b)
A quarry for the removal of stone in bulk without crushing, a sand or gravel pit and topsoil removal may be authorized by the Board of Appeals where permitted by §§ 160-8 through 160-13 as a special exception under the conditions set forth in § 160-14, provided:
[1]
No permit shall be issued for an excavation covering an area
of more than five acres.
[2]
No permit shall be issued for a period of more than three years, except that upon application and after the procedure described in § 160-14 has been reinitiated and completed, a permit may be issued for one additional three-year period or portion thereof.
[3]
No permit shall be issued unless the applicant provides a plan
of reclamation to be effected before termination of operations meeting
with the approval of the Board of Appeals. Such plan shall provide
for the restoration of the premises through grading, seeding, sodding
and other means to the end that the premises are left in a safe and
attractive condition. Insofar as is practical, the plan will provide
for the return of the premises to natural slopes and eliminate gullies
and holes. Operations shall not be permitted below the water table,
however, in the event that ponds are created during operations, care
will be exercised that these do not become public nuisances. Insofar
as it is possible, operations will not be permitted to disturb the
natural drainage pattern of the area, however, if such does occur,
the plan of reclamation shall provide for the restoration of the natural
drainage pattern of the area. To assist the Board of Appeals in its
deliberations the applicant shall provide a topographic survey prepared
by a licensed professional engineer or a licensed land surveyor showing
the existing contours and the contours proposed to be established
at the conclusion of the operation, such contours to be shown at a
two-foot interval.
[4]
No permit shall be issued unless a performance bond payable
to the Village of Wolcott satisfactory to the Village as to the form
and manner of execution and in an amount estimated by the Board of
Appeals necessary to effect the plan described in Subsection B(19)(b)[3]
above has been posted with the Village Clerk. Said bond shall not
be released until a certificate of completion has been issued by the
Zoning Enforcement Officer certifying that the plan of restoration
described in Subsection B(19)(b)[3], including any conditions imposed
by the Board of Appeals, has been executed.
[5]
Existing quarries, sand or gravel pits.
[a]
Not more than six months after the enactment of
this chapter, any owner and/or operator of a quarry, sand or gravel
pit existing at the time of the enactment of this chapter shall file
with the Zoning Enforcement Officer a plan for the restoration of
the quarry, sand or gravel pit as provided by Subsection B(19)(b)[3]
above and post a performance bond with the Village Clerk as provided
by Subsection B(19)(b)[4] above.
[b]
Any quarry, sand or gravel pit existing at the
time of the enactment of this chapter shall be discontinued within
three years from the date of the adoption of this chapter, however,
upon the expiration of this period, application may be made to the
Board of Appeals for a permit as provided by Subsections B(19)(b)[1]
through [4], inclusive.
[c]
In the event that a plan for restoration is not
filed with the Zoning Enforcement Officer within six months after
the enactment of this chapter provided by Subsection B(19)(b)[5][a]
above, operations of the quarry, sand or gravel pit shall be stopped
and thereafter be permitted to continue only in accordance with the
terms of this chapter after conforming with the procedures described
in Subsections B(19)(b)[1] through [4], inclusive.
(c)
In the operation of any quarry, sand or gravel pit the following
shall be observed:
[1]
No excavation, blasting or stockpiling of materials shall be
located within 300 feet of any public road or other property line.
[2]
No power-activated sorting machine shall be located within 600
feet of any public road or other property line and all such machinery
shall be equipped with satisfactory dust elimination devices.
[3]
All excavation slopes in excess of 50% shall be adequately fenced
as determined by the Zoning Enforcement Officer.
[4]
Extension of a nonconforming quarrying operation shall not be
permitted.
[5]
Major excavating, grading or filling as herein defined shall
not be permitted except with the approval of the Planning Board.
(21)
Signs and billboards.
(a)
General provisions. Signs are an accessory use only. Signs are
not permitted as a principal use. Wherever located and whatever their
nature, signs and billboards shall conform to the following:
[1]
No attached sign shall extend within a street or road property
line unless said line is the building line, in which case a sign may
extend over the street or road property line for a distance not exceeding
four feet.
[2]
No freestanding sign larger than eight square feet shall have
less than three feet of open space at the bottom, extending its entire
length.
[3]
No sign shall exceed 10 feet in height or extend above the facade
of the building to which it is attached.
[4]
In matters of setback from the street or road, required yards
and other such respects, freestanding signs larger than eight square
feet shall be regarded as buildings within the meaning of this chapter.
(b)
Rules for measuring signs.
[1]
Back-to-back signs, identical signs arranged back to back or
diverging by less than 30° from a common line or point may be
counted as one sign.
[2]
The area of a sign consisting of insignia or other device, but
without background, shall be calculated as the smallest polygon or
circle possible of enclosing the insignia.
(c)
Design and lighting of signs.
[1]
The use of moving signs, self-illuminated signs (other than
those with bulbs concealed behind translucent glass, plates or similar
material) or the use of flashing or intermittent lighting in connection
with signs shall not be permitted.
[2]
Floodlights for the illumination of signs shall be so located
and/or shielded as not to interfere with the enjoyment of residential
use or detract from the safety of motorists. This shall require that
the edge of the beam of any artificial light source shall not cross
any property line of a lot on which the sign is situated. For this
purpose, the "edge of the beam" is defined as the surface at which
the intensity of the light does not exceed 10% of the luminescence
of the center of the beam.
(d)
Nonconforming signs to be removed.
[1]
Nonstructural signs.
[a]
A nonconforming sign which is portable in nature
(for example, banners, pennants, spinners, portable signs, etc.) shall
be removed within 90 days of the effective date of this chapter.
[b]
Any nonconforming sign painted, pasted or otherwise
applied to a fence, wall or facade of a building shall not be repainted,
restored or replaced.
(e)
Permitted signs.
[1]
In a land conservation district.
[a]
A sign of an appropriate nature but not larger
than 20 square feet identifying any building or use permitted under
this chapter.
[b]
A real estate sign not larger than 12 square feet
only when placed on property for sale or rent.
[c]
Sign necessary for the identification, operation
or protection of a public utility installation.
[d]
Sign incident to a legal process or necessary to
the public welfare.
[2]
In a residential district.
[a]
Any sign permitted in land conservation districts.
[b]
One bulletin board not exceeding eight square feet
in area for a church or other institutional use.
[c]
One home occupation sign not exceeding two square
feet in area per dwelling.
[d]
Temporary special event signs on the premises of
a special event sponsored by a church or other nonprofit institution
not exceeding eight square feet in combined area.
[4]
In a business district.
[a]
Signs as permitted in agricultural districts.
[b]
Business or identification sign not exceeding one
square foot in area for every two linear feet of street frontage occupied
by an establishment but not exceeding 60 square feet for any sign
parallel to and flat against the facade of a building or 15 square
feet for any other sign.
[c]
Signs not larger than 60 square feet and not more
than one per establishment within a highway distance of two miles
advertising a place of business (not a product) located within a distance
of 12 highway miles.
(22)
Special building setback line established. On the streets and
roads listed below, no building or part of a building other than steps,
eaves and similar fixtures shall extend nearer to the center line
of the street or road than the distance specified. And where a front
yard is required under this chapter, the depth of the required front
yard shall be measured from the setback from the center line specified
below instead of from the side line (property line) of the street
or road. However, in no instance shall the above require placing a
main building more than 10 feet back of the front main wall of an
adjacent building already existing within 50 feet of and on the same
side of the street with the building or part of the building to be
erected.
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Street
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Setback from Center Line
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(Reserved)
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(23)
Storage of flammable liquids. The storage of alcoholic, gasoline,
crude oil, liquefied petroleum gas or any other highly flammable liquid
in aboveground tanks in an amount greater than 550 gallons shall be
permitted only when such tanks up to and including 10,000 gallons'
capacity are placed not less than 50 feet from all property lines
and unless all such tanks of more than 10,000 gallons' capacity
are placed not less than 100 feet from all property lines. Any such
storage having a capacity greater than 550 gallons shall be properly
dyked with earthen dykes having a capacity not less than 11/2 times
the capacity of the tank or tanks surrounded.
(24)
Swimming pool, private; regulations relative to accessory use. A private swimming pool installed or maintained as an accessory use where permitted in §§ 160-8 through 160-13 shall meet the following requirements:
(b)
Any such pool shall be completely enclosed by a security fence
not less than four feet in height, with all gates or doors opening
through such enclosure equipped with self-closing and self-latching
devices designed to keep and be capable of keeping such gates or doors
securely closed at all times when not in actual use, of a type approved
by the Zoning Enforcement Officer.
(c)
Such pool shall be maintained in a manner sufficient to meet
the bacterial standards established by the provisions of the New York
State Sanitary Code relating to public swimming pools.
(d)
Such pool shall be equipped with an integral filtration system
and filter pumps or other mechanical devices which shall be so located
and constructed as not to interfere with the peace, comfort and repose
of the occupants of any adjoining property.
(e)
No permission shall be granted for the installation of any swimming
pool until the owner has filed with the Zoning Enforcement Officer
a statement by a professional engineer, licensed by the State of New
York, or other person duly appointed by the Village Board, that provisions
for the drainage of such pool are adequate and will not interfere
with the public water supply system or existing sanitary facilities.
(25)
Temporary uses and structures. A temporary permit may be issued
by the Zoning Enforcement Officer for a period not exceeding one year
for a nonconforming use incident to housing and construction projects,
including such structures and uses as storage of building materials
and machinery, the processing of building materials, and a real estate
office located on the tract being offered for sale, provided such
permits are conditioned upon agreement by the owner or operator to
remove the structure or structures or use upon expiration of the permit.
Such permits may be renewed yearly upon application to the Zoning
Enforcement Officer for an additional period of one year.
(26)
Yard exceptions for private garages on steep slopes. Where the
topography is such that the slope of the land exceeds 15% and, therefore,
access to a private garage built back of the front building line as
required by this chapter is impracticable, it shall be permissible
to place such building, not exceeding 12 feet in height, within the
front yard space but not closer to the street line than 18 feet.
A.
General. The lawful use of any land, building or structure, or a
part thereof, existing at the time that this chapter or any amendment
thereto becomes effective may be continued, although such use does
not conform to the provisions of this chapter, except as otherwise
provided in this section.
B.
Termination of nonconforming use.
(1)
Discontinuance. When a nonconforming use of land or a building or structure has been discontinued for a period of not less than one year, it shall not thereafter be reestablished, and the future use of the land, building or structure shall be in conformity with the terms of this chapter; except that if such discontinuance shall be caused by reason of the death of the last user, such condition shall be considered an unnecessary hardship as defined in § 160-21C.
(2)
Automobile wrecking and junkyards. Notwithstanding any other provision
of this chapter, any nonconforming automobile wrecking yard other
junkyard in existence at the time of the adoption of this chapter
or an amendment thereto shall be discontinued within three years from
the date of such adoption or amendment.
C.
Change of nonconforming use. No nonconforming use shall be changed
to other than a conforming use for the district in which it is situated.
D.
Maintenance of a nonconforming use. A nonconforming use is hereby
required to be maintained in such condition as will not constitute
a danger to the safety, health or general welfare of the public. Alterations
and extensions of the nonconforming use, in order to comply with the
provisions of this section are permitted, provided that such alteration
or extension shall not tend to increase the inherent nuisance, nor
shall such alteration or extension violate any provision of this chapter
regarding yards, lot area or lot coverage for the district in which
it is situated, or increase any existing violation of such provision.
E.
Damage to nonconforming use.
(1)
Damage to a building or structure containing nonconforming use.
(a)
Fifty-percent damage or more. Any building or structure containing
a nonconforming use which is damaged by fire, flood, wind or other
act of God or man to the extent of 50% or more of its fair sales value
immediately prior to damage shall not be reoccupied, reused and/or
reconstructed except in conformity with the provisions of this chapter.
(b)
Damage more than 25% but less than 50%. Any building or structure
containing a nonconforming use which is damaged by fire, flood, wind
or other act of God or man to the extent of more than 25% but less
than 50% of its fair sales value immediately prior to damage shall
not be repaired or reconstructed except in conformity with this chapter
unless such reconstruction is completed within 12 months of the damage.
(2)
Damage to nonconforming building or structure.
(a)
Fifty-percent damage or more. Any nonconforming building or
structure which is damaged by fire, flood, wind or other act of God
or man to the extent of 50% or more of its fair sales value immediately
prior to damage shall not be repaired or reconstructed except in conformity
with the provisions of this chapter.
(b)
Damage more than 25% but less than 50%. Any nonconforming building
or structure which is damaged by fire, flood, wind or other act of
God or man to the extent of 25% or more but less than 50% of its fair
sales value immediately prior to damage shall not be repaired or reconstructed
except in conformity with this chapter unless such reconstruction
is completed within 12 months following the damage.
F.
Nonconforming use under construction.
(1)
Nonconforming use under construction at the time of this enactment of subsequent amendment. No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered unless construction, reconstruction or alteration is already underway at the time of the enactment or subsequent amendment of this chapter and is being diligently prosecuted so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter, and unless the provisions of Subsection F(2) are observed.
(2)
Permit to continue nonconforming use under construction at the time
of this enactment. Not more than 30 days after the enactment of this
chapter, a permit shall be obtained from the Zoning Enforcement Officer
for each building or structure under construction as of the date of
enactment of this chapter. Irrespective of whether such construction
conforms to the terms of this chapter, any structure so permitted
shall be allowed to be completed in accordance with plans filed at
the time of the application for the permit. After filing of plans
with the Zoning Enforcement Officer, alteration or additions to such
plans except as may be in conformity with the terms of this chapter
shall not be permitted.
(3)
Failure to obtain permit to continue nonconforming use under construction at the time of this enactment. Construction of buildings or structures under construction at the time of the enactment of this chapter for which permits are not obtained as provided in Subsection F(2) shall be stopped 30 days after the enactment of this chapter and thereafter be permitted to continue only in accordance with the terms of this chapter after the securing of a zoning permit as hereinafter provided.
G.
Exemption of dwelling buildings and structures. The limitations of Subsection E shall not apply to a building or other structure utilized as a dwelling or commercial or industrial building which is nonconforming only in respect to yard space or area per dwelling or commercial or industrial building, except that no dwelling or commercial or industrial building shall be altered, added to or reconstructed to extend further into an already deficient yard space or to reduce an already deficient amount of land area per dwelling or commercial or industrial building.
