Village of Minoa, NY Residential Districts

Uses permitted. The following uses and no others, except as hereinafter provided, are permitted in Residential B Districts:

(1)

All uses permitted in Residential A districts upon the conditions specified for such districts, except as otherwise prescribed in this section.

(2)

Two-family dwellings.

(3)

Home occupations.

(4)

Churches or similar places of worship, public schools, parochial schools, public libraries, municipal buildings and public parks or playgrounds, provided that there shall be a front yard depth of 20 feet. There shall be no building within 20 feet of any adjoining lot used, or zoned and available, for dwelling purposes, nor within five feet of any other adjoining lot, and there shall be screening, landscaping and/or fencing along or adjacent to the line of any adjoining lot used, or zoned and available, for dwelling purposes approved by the Planning Board upon findings that such screening, landscaping and/or fencing is necessary and adequate reasonably to protect and preserve the residential use and character of such lot.

(5)

Farms, provided that no odor- or dust-producing use, including the storage of manure, takes place within 100 feet of the nearest lot line.

Special permit uses.

[Amended 1-21-1997 by L.L. No. 1-1997; 3-20-2000 by L.L. No. 1-2000; 2-20-2013 by L.L. No. 3-2013]

(1)

The following uses may be permitted upon approval of the (Zoning) Board of Appeals, or, as to owner-proprietor occupied neighborhood business ("OPONB"), the Village Board of Trustees, subject to procedures set forth in this chapter:

(a)

Cemeteries.

(b)

Hospitals.

(c)

Bed-and-breakfast businesses, so long as all of the following requirements are met:

[1]

The bed-and-breakfast business shall be located in an owner-occupied dwelling and shall be the sole business use at such residence;

[2]

Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes;

[3]

Such use shall be carried on solely by the owner(s) of the dwelling and his, her or their family members, which family members shall also reside at the residence of the owner;

[4]

Such use shall not change the character of the dwelling and there shall be no external evidence of such use; provided, however, that a nonilluminated sign not to exceed two square feet may be constructed at the premises to identify such bed-and-breakfast business, so long as such sign complies with all other requirements of this chapter;

[5]

No parties or receptions shall be held except for traditional household events;

[6]

Breakfast shall be the only meal served to lodgers;

[7]

In addition to all other parking requirements, at least one on-site parking space shall be provided for each available room, and all such parking shall be located behind the front yard setback line; and

[8]

The dwelling in which the bed-and-breakfast business will be operated shall be located on a lot which shall contain at least one acre.

(d)

Owner-proprietor occupied neighborhood business, provided:

[1]

All of the following criteria and requirements are met or otherwise satisfied:

[a]

Such establishment shall be located in the business owner-proprietor owned or leased (as lessee) dwelling, shall be the sole such business use at such residence, such property owner or lessee shall own and actually reside there and be substantially involved in business operations and such operations shall be fully otherwise conducted by such owner's immediate family members. On-premises employees shall be limited to four at any one time and with not more than two employees being other than such owner or residential occupant of the premises, or his or her immediate family.

[b]

Such use shall be incidental and secondary to the main use of the dwelling for dwelling purposes, shall not change the character of the dwelling or parcel it is situate on, there shall be minimal external evidence of such use; provided, however, that a nonilluminated sign not to exceed two square feet may be constructed at the premises to identify such business, so long as such sign complies with all other requirements of this chapter, and certain uses requiring small-scale patron and service entrances and/or windows may be permitted to have same, provided the Village Board determines that permitting the same will not otherwise violate the general criteria and obligations at Subsection B(1)(d)[1][f] and [i] hereof.

[c]

In addition to all other parking requirements, such driveway/parking area(s) shall be situate thereon providing at least one on-site parking space for each nonfamily/resident employee, as well as (as determined by the Board of Trustees) such parking for customers, clients and patrons, as shall strike a balance between the need for same, public safety and maintaining neighborhood character, and all such parking shall be located behind the front yard building line.

[d]

The dwelling in which the business will be operated shall be located on a lot which shall contain at least 1/3 acre. Interior floor space of any building regulated hereunder shall not exceed 350 square feet for interior space open to the public such as for ordering, purchasing, seating, pickup and the like, and shall not exceed 500 square feet for product preparation, performing of professional or business services, storage "back offices" type work, and all other aspects of the business.

[e]

Specially permitted uses hereunder shall be professional, general business and certain retail services and/or product sale uses intended to serve local neighborhood and nearby customers and generally compatible within neighborhoods, and which are not otherwise permitted in the applicable zoning district under other sections of the Village Zoning Code. In any event, retail convenience-type stores, with or without gas pumps, liquor or alcoholic beverage sale, recycling or redemption centers and was causing uncharacteristically high volumes of noise, pedestrian or vehicle traffic or potentially noxious uses or effects shall not be permitted.

[f]

The permitted location shall be transitional in nature such that adjacent and nearby premises consist of areas zoned for or comprised of similar neighborhood business, commercial or mixed uses, or other nonresidential uses, or relatively spacious vacant, park or recreational areas it being the intent of this requirement that this specially permitted use not be an isolated business operation situate wholly within an area surrounded only by residential uses.

[g]

The use as permitted must be found to not be likely to cause excessive noise, vehicle or pedestrian traffic, loitering or other objectionable assemblages of persons especially during early or late hours of the day, trash, refuse or incidences of vandalism, issues with storm or sanitary drainage sewages, nor excessive lighting adversely affecting nearby properties and residents or otherwise not in character with the neighborhood or district. The permitted use shall have such natural or constructed screening or buffering, by landscape, fencing and/or similar permitted improvements, so as to effect as much as reasonably possible, a screening or buffering of the permitted premises from neighboring residential properties.

[h]

All proposed structures, equipment and material shall be readily accessible for fire and police protection.

[i]

Any other conditions or criteria as may be established and considered by the Village Board in its capacity as a legislative body, generally under § 160-50D(1) through (10), and, in addition, in this particular instance of review for the purpose of ensuring that the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties, compatibility with nearby properties, the neighborhood and community generally and protecting the health, safety and welfare of Village residents.

[j]

In connection with the special permit issued under this section, and except to the extent waived by the Village Board of Trustees, the applicant shall be required to submit an application, survey map and site plan with such detail as set forth at Village Code § 127-9 governing site plan review and including building elevation drawings showing all detail of the site, any intended improvements, materials and colors. Any special permit issued shall be specific to those plans and detail, subject however to any additional requirements or conditions, not violative of the special permit, as imposed in connection with any required site plan approval.

[2]

Waiver. In connection with its review and approval of OPONBs, the Village Board of Trustees may grant a waiver, in whole or in part, of any requirement under § 160-10B(1)(d)[1]. The Village Board is hereby authorized to waive any of the foregoing standards for the approval, approval with modifications or disapproval of special permits submitted for approval and including any requirements relative to the detail and sufficiency of any application for special permit or related site plan, and which waiver shall be binding upon the Planning Board to the extent conducting site plan review. Any such waiver may be exercised as long as the Village Board determines such waiver reasonable, and that such individual standards are found not to be requisite in the interest of the public health, safety or general welfare or are otherwise inappropriate to a particular special permit.

[3]

Exercise of police powers. This provision of the Village Code respecting the issues of special permits for OPONBs has been enacted specifically pursuant to the Village's zoning and planning authority, and as well as its police powers. Thus any permit considered or issued may take into account and also condition aspects of business operations such as (without limitation) hours of operation and other matters consistent with the Village's authority to safeguard the health, safety and welfare of its residents.

[4]

Proceedings for OPONB special permit. Applications for a special permit shall be processed and reviewed in accordance with Village Law § 7-725-b and Article XIV of Chapter 160 of the Village Code, however, with the Village Board having jurisdiction over the proceeding. Notwithstanding any other provision hereof or of Chapter 160 of the Village Code generally, all special permit review and issuance jurisdiction within any zoning district of the Village shall be that of the Village Board. In the event of any confusion, conflict or dispute as to the applicable procedural or substantive requirements, the Village Board shall determine same conclusively by adoption of an appropriate resolution. On application and after public notice and hearing, the Village Board may authorize the issuance of a special permit in the district in which such use is proposed to be located. The Village Board shall review an application's conformity with the individual standards for special permits contained herein and shall also have the authority to impose such reasonable conditions and restrictions as are directly related or incidental to the proposed special permit. In approving any such use, the Village Board shall further the express intent of this chapter and the accomplishment of the objectives stated herein. Applications for a special permit shall not require site plan, except that the Village Board shall refer the application to the Planning Board not less than 30 days prior to the public hearing. This shall permit the Planning Board to provide such input and public comment as it may see fit at the public hearing. The Village Board shall first deem that the special permit application is complete prior to the scheduling and conduct of any public hearing on the application. The Village Board shall conduct a public hearing within 62 days from the day a complete special permit application is received. Public notice of said hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the date thereof. The applicant shall cause the posting of a notice on the subject property indicating the date, time, and location of the public hearing, and a brief description of the action being considered, at least 10 days prior the public hearing date. The public hearing notice published and posted by the Village shall be sufficient for such purpose. One notice shall be posted along each property line adjoining a road and shall be clearly visible from said road. Notices shall be affixed securely and protected from the elements by transparent covering on a four-foot-high stake or other sign post and shall be periodically checked by the applicant to ensure its substantially continuous posting. Said notice shall be removed following the close of the public hearing. The applicant shall deliver to the Village an affidavit attesting to the continuous or substantially continuous posting of the notice as required hereunder, however, the failure, notwithstanding the applicant's good faith efforts, of the notice to be posted as required hereunder shall not cause the application or proceeding to be defective and shall not, in and of itself, bar the Village from issuance of a special permit. The special permit hereunder shall be issued with such conditions and provisions as the Village Board of Trustees may impose based upon its review of the application and applicable criteria.

[5]

Renewal; past violations. Such permit issued shall be reviewed annually and renewed unless a material condition(s) or provision(s) of the Village Code relating to the use or district has (have) been violated during the past permit year. In said event (i.e., if such violation(s) has occurred during the past permit year) then the Village Board may resolve to not renew the permit, suspend same for a period of time, including until the premises are brought into compliance, further condition the permit to address the violative condition and ensure it does not occur in the future, or assess an enhanced renewal fee as a combined penalty and administrative fee for the violation not to exceed $500. The Village Board may likewise consider the nature of the violation, its persistence, incidences of other violations, failure to timely cure, the overall condition of the premises and conduct of the business thereon, the permittee's history of compliance and cooperation, and any other aggravating and mitigating factors in determining the status of a renewal where a violation has occurred. Where the Codes Enforcement Officer finds that the applicant is in noncompliance with the special permit, or that complaints have been lodged against the applicant, than such renewal shall require Village Board approval and may be granted only following due public notice and hearing. Renewal may be withheld upon a determination by the Village Board that such conditions as may have been prescribed by the Village Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.

[6]

Existing violations. No special permit shall be issued for property where the Codes Enforcement Officer has found a violation of this chapter, and where such violation has not been corrected, unless the granting of such special permit and site plan approval will result in the correction of said violation.

[7]

Area variance. Where a proposed special permit contains one or more features which do not comply with the zoning regulations, application shall be made to the Zoning Board of Appeals for an area variance. Same being made without the necessity of a decision or determination of an administrative official charged with enforcement of the zoning regulations.

[8]

Deemed to be conforming. Any use for which a special permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted. The expansion of any special use shall require reapproval of the special permit by the Village Board. For purposes of this subsection, expansion shall be interpreted to mean an increase in the area allocated to the special use, an increase in development coverage; or an increase in the intensity of use, e.g., an increase in traffic or need for on-site parking, or increase in design or use of improvements, interior or exterior, including to accommodate service of increased volumes of customers or clientele.

[9]

Expiration of special permits. A special permit shall be deemed to have expired if said use ceases operation for a time period equal to or greater than 12 consecutive months for any reason or if construction, in accordance with the conditions of a special permit, is not completed within six months from the date of issuance. In addition, the special permit shall be deemed to have expired if all improvements are not maintained and all conditions and standards complied with throughout the duration of the special permit.

[10]

Inspections. In connection with the issuance of a special permit, the Village Board may establish a schedule of inspection to be conducted by the Codes Enforcement Officer to determine continued compliance with this chapter and any conditions of the special permit.

[11]

Fees. Application for a special permit or for its renewal shall be accompanied by a fee to be established in the fee schedule duly adopted by the Village Board.

Accessory uses. Accessory uses are as follows:

(1)

Accessory use and accessory building, provided that such use or building, if accessory to a dwelling, does not include any activity commonly recognized as a business except a home occupation.

Additional regulations. The following additional regulations shall apply in Residential B Districts:

(1)

Building height limit. No structure, other than a church or school, shall be erected or altered to a height in excess of 35 feet.

(2)

Required lot area. Where there are both a public water and sewer system, the minimum lot area for a single-family dwelling shall be 6,000 square feet and the minimum lot width shall be 50 feet. Where there is a public water system but no sewer system, the minimum lot area for a single-family dwelling shall be 9,000 square feet and the minimum lot width shall be 70 feet. The minimum lot area for a two-family dwelling shall be 10,000 square feet and the minimum lot width shall be 85 feet, regardless of sewer facilities.

(3)

Required area of dwelling. The minimum building area of a single-family dwelling shall be 720 square feet. The minimum building area of a one-story, two-family dwelling shall be 1,200 square feet. The minimum building area of a two-family dwelling of more than one story shall be 720 square feet per story.

(4)

Yards required.

(a)

Each lot, except a lot upon which is located a two-family dwelling of more than one story, shall have front, side and rear yards not less than the following depths or widths:

[1]

Front yard depth: 20 feet.

[2]

Each side yard width: five feet.

[3]

Rear yard depth: 20 feet.

(b)

Each lot upon which is located a two-family dwelling of more than one story shall have front, side and rear yards not less than the following depths or widths:

[1]

Front yard depth: 20 feet.

[2]

Each side yard width: 10 feet.

[3]

Rear yard depth: 20 feet.

(5)

Storage prohibited. Machinery, equipment, motor vehicles commonly used in a business, or unregistered motor vehicles shall not be stored out of doors.

[Amended 3-20-2000 by L.L. No. 1-2000]