A.
The Village of Woodridge is hereby divided into the following types
of districts:
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RR
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Residential Resort
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R-1
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Low Density Residential
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R-2
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Moderate to High Density Residential
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VC
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Village Commercial
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BLI
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Business and Light Industrial
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B.
Floodplain Overlay and PUD Planned Unit Development Districts are
also provided for hereunder.
The location and boundaries of said districts are hereby established
as shown on the Official Zoning Map of the Village of Woodridge, as
amended this date or hereafter, which is attached hereto and made
a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
[Amended 4-20-2015 by L.L. No. 1-2015]
A.
Zoning district boundary lines are intended generally to follow or
connect the center lines of rights-of-way; existing lot lines; the
mean water level of rivers, streams and other waterways; or Village
boundary lines all as shown on the Zoning Map; but where a district
boundary line does not follow such a line, its position is shown on
said Zoning Map by a specific dimension or relationship to such a
line.
B.
When the specific location of a zoning district boundary line cannot
be ascertained, the Building Inspector shall request the Planning
Board to render an interpretation which shall then be used as the
basis for applying zoning standards. Should an applicant disagree
with such interpretation, an appeal may be taken to the Zoning Board
of Appeals.
[Amended 4-20-2015 by L.L. No. 1-2015]
A.
The restrictions and controls intended to regulate development in
each district are set forth in the following Schedule of District
Regulations[1] which is then supplemented by other sections of this chapter
and other laws of the Village of Woodridge.
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
B.
Any use identified on the Schedule of District Regulations as a principal
permitted use shall be permitted as a matter of right upon application
to the Building Inspector, provided the proposed use is in compliance
with these regulations.
C.
Special uses identified on the Schedule of District Regulations are
also subject to site plan review and, specifically, Planning Board
approval before the Building Inspector shall issue a permit for their
establishment.
D.
Accessory uses identified on the Schedule of District Regulations
are ancillary activities or uses permitted to accompany or precede
principal permitted and special uses. Such uses shall also be permitted
as a matter of right, and permits for these uses shall be issued directly
by the Building Inspector.
A.
Whenever any owner or occupant of any property in the Village of
Woodridge shall for any purpose or in any manner establish a new use;
commercially clear, excavate or grade more than 10,000 square feet
of land or any land for purposes of making permanent structural improvements
to a property that would otherwise require a permit hereunder; change
an existing use; make permanent structural improvements to a property
that would require a permit under the Uniform Fire Prevention and
Building Code; erect a new building; move, alter, add to or enlarge
any existing land use or building; such owner or occupant shall first
comply with the requirements of this chapter and obtain any approvals
and permits required under this chapter, unless specifically exempted
from such requirements by this chapter. An approval from the Building
Inspector and the Planning Board, as the case may be for such uses
under the Schedule of District Regulations, shall be required whenever
a change in land use occurs, regardless of whether or not any new
construction is involved hereunder excepting agricultural activities
and single-family home construction. A simple change of ownership
shall not require such approval. Changes of occupants where the use
category is the same (e.g., a change from one retail store to another
in the same category) shall also not require a change of use permit
from the Building Inspector, provided there are no site or structural
alterations involved.
[Amended 4-20-2015 by L.L. No. 1-2015]
B.
If a proposed use is not specifically listed in any category of uses
or within any zoning district on the Schedule of District Regulations,[1] the Planning Board shall render a formal determination
as to whether or not the use is permitted in a given district, and
if the use is permitted, it shall then process the application as
a special use. The Planning Board shall make its determination on
the basis of similarities of the use to other specifically listed
uses within various districts, taking into consideration the impacts
of the use on the community and the neighborhood in which it is proposed.
This shall not permit the Planning Board to reclassify uses which
are already listed nor shall the Planning Board allow any use which
is not listed in a particular district if that use is already permitted
in another district.
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
C.
Any use which is noxious, offensive or objectionable, by reason of
the emission of smoke, dust, gas, odor or other form of air pollution
or by reason of the deposit, discharge or dispersal of liquid or solid
wastes in any form in a manner or amount as to cause permanent damage
to the soil and stream or to adversely affect the surrounding area
or by reason of the creation of noise, vibration, electromagnetic
or other disturbance or by reason of illumination by artificial light
or where light reflection emanates, or which involves any dangerous
fire, explosive, radioactive or other hazard or which causes injury,
annoyance or disturbance to any of the surrounding properties or to
their owners and occupants, and any other process or use which is
unwholesome and noisome and may be dangerous or prejudicial to health,
safety or general welfare is prohibited. Further, except as may herein
be provided, the following uses and activities are expressly prohibited:
(1)
Dumps. No dump or deposit of rubbish, or garbage or tires where vermin,
flies or mosquitoes may breed, from which offensive odors may be emitted
or where a smoldering fire may burn shall be permitted except for
municipal transfer stations.
(2)
Junkyards as defined herein.
(3)
Construction and demolition (C & D) dumps.
(4)
Commercial stripping of topsoil. To strip or otherwise remove topsoil
for sale or for other use other than on the premises from which the
same shall be taken shall be prohibited, except in connection with
the construction or alteration of a building on such premises and
excavating or grading incidental thereto, and then only with a special
use permit from the Planning Board. Commercial stripping of topsoil
shall not be construed to apply to the sale of sod.
(5)
Permanent installation or use of any mechanical, electrical or other
sound-amplifier device. To install or use any mechanical, electrical
or other sound-amplifier device or similar device for magnifying sound
whereby the sound is audible beyond the premises on which it is installed
or located shall be prohibited. This prohibition shall not apply to
or infringe on the right of freedom of speech or of worship, inhibit
the announcement of necessary public information nor limit the use
of a public address system in a summer colony or camp for the purpose
of making announcements, provided that the same is reasonable and
necessary.
(6)
Artificial lights as traffic hazards. No artificial lights or reflecting
devices shall be located or otherwise displayed where such lights
or devices interfere with, compete for attention with or may be mistaken
for traffic signals or divert the attention of operators of motor
vehicles or otherwise create traffic hazards.
(7)
Blinking and flashing signs. Except for traffic signals regulated
and approved by the appropriate state, county or Village transportation
agency, blinking and/or flashing signs are prohibited.
A.
Minimum development standards. The development standards contained
herein are minimums and shall apply to each dwelling unit unless otherwise
specifically provided. A two-family dwelling shall, for example, require
the equivalent of two minimum sized lots insofar as lot area, as will
any two dwelling units on the same property.
B.
Corner lots. No obstruction to vision (other than an existing building,
post, column or tree) exceeding 30 inches in height above the established
grade of the street at the property line shall be erected or maintained
on any lot within the triangle formed by the street lot lines of such
lot and a line drawn between points along such street lot lines 75
feet distant from their points of intersection.
C.
Through lot requirements. A through lot shall be considered as having
two street frontages, both of which shall be subject to the front
yard requirements of this chapter.
D.
Minimum lot frontage. All residential lots shall have a front lot
line, along the right-of-way, with a minimum length of 50 feet. Flag
lots shall, nonetheless, be permitted where a single driveway is used
to provide access to two lots, one along the front lot line and the
other to the rear of such lot, provided a right-of-way of no less
than 25 feet in width is provided for the drive and the owners have
submitted a joint maintenance agreement or deed covenant providing
for the shared maintenance of such drive.
E.
Regulations applicable where a residential district abuts a nonresidential
district.
(1)
Ingress or egress to business and industrial sites. Where a residential
district (RR, R-1 or R-2) is bounded by a portion of a business or
industrial district (VC or BLI), then any street extending through
such residential district shall not be used for any business or industrial
purpose, including ingress or egress, unless approved by the Planning
Board. The business structure erected in said business district shall
front and have the building entrances upon the street set aside for
business purposes. All means of ingress to or egress from the site
shall be approved by the Planning Board.
(2)
Garages entrances. No public garage for more than five motor vehicles
shall have an entrance or exit for the same vehicles within 50 feet
of a residential district.
A.
General application. No building or structure shall exceed in building
height the number of feet permitted as a maximum on the Schedule of
District Regulations[1] for the district where such building or structure is located.
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
B.
Permitted exceptions. Height limitations stipulated elsewhere in
this chapter shall not apply to church spires, belfries, cupolas,
domes, monuments, water towers, chimneys, smokestacks, flagpoles,
radio and transmission towers, farm buildings or similar noninhabited
structures under 150 feet in height. Structures over 150 feet in height
may be permitted as special uses, provided they are sufficiently set
back from adjoining properties to avoid any safety hazard connected
therewith and meet all state and federal air safety and electronic
communications standards. Other height exceptions may also be granted
as special uses where fire-fighting capacity will not be threatened
and buffers and setbacks are also proportionally greater.
A.
Side yard exception. Where the side wall of a building is not parallel
with the side lot line or is irregular, the side yard may be varied
at the discretion of the Planning Board. In such case, the average
width of the side yard shall not be less than the otherwise required
minimum width; provided, however, that such yard shall not be narrower
at any point than 1/2 the otherwise required minimum width.
B.
Front yard exception. When an unimproved lot is situated adjacent
to or between improved lots already having a principal building within
the required front yard, the front yard for the unimproved lot may
be reduced to the average depth of the front yards for the two nearest
adjoining improved lots, but not less than 30 feet from the center
line. The illustration below depicts how the front yard exception
shall apply.
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C.
Provision of yard or other open space. No yard or other open space
provided about any buildings to comply with the provisions of this
chapter shall be considered as providing a yard or open space for
any other building, and no yard or other open space on another lot
shall be considered as providing a yard or open space for a building
on any other lot.
D.
Waterfront yards. Any yard which borders on a New York State Department
of Environmental Conservation classified lake, stream or body of water
shall be not less than 100 feet in depth except for boathouses and
docks.
The location, limitation and coverage of accessory buildings
shall be as follows:
A.
No permitted accessory building shall be placed in any required side
or front yard except as provided in this article.
B.
The aggregate ground area covered by any accessory buildings in any
rear yard shall not exceed 50% of the rear yard area.
C.
Accessory structures not attached to a principal structure shall:
(1)
Be located not less than 10 feet from any side or rear lot line or
in such a fashion as to prevent emergency fire-fighting access or
to shade a residential structure on an adjoining lot.
(2)
Be no closer to the street than any principal structure on the lot.
Accessory buildings to principal structures located more than 100
feet from a lot line shall be exempt. Accessory structures may, in
these situations, be located in front of residences but not in required
front yard areas.
D.
Accessory structures of more than one story in height within required
side or rear yards shall be subject to special use review.
E.
Storage trailers, railroad cars, bulk containers or retired mobile
home units and recreational vehicles shall not be used for purposes
of accessory structures in connection with any nonagricultural use,
provided that, where such units are already in use, they shall be
permitted to continue so long as the structures or units are maintained
in clean, neat and usable condition and good repair (e.g., no peeling
paint rust damage), and further provided that such uses may be permitted
in nonresidential districts as special uses subject to conditions
regarding enclosures, maintenance, removal and other mitigation of
any impacts on neighboring property or the general public.
[Amended 4-20-2015 by L.L. No. 1-2015]
F.
Swimming pools.
(1)
Swimming pools, whether permanent or portable, that are accessory
to single-family dwellings, shall be located not closer than 20 feet
to a side or rear or within 40 feet of any residence on an adjoining
lot line, and not in any required front yard. These regulations shall
not apply to portable pools that do not exceed two feet in height
or six inches in depth.
(2)
Swimming pools that are part of a nonresidential use, whether commercial
or noncommercial, such as hotels, motels, clubs, campgrounds, day-use
recreational facilities or institutions, shall be of permanent construction
and shall be located not closer than 100 feet to any lot line or within
120 feet from any residence on an adjoining lot.
(3)
All fencing associated with swimming pools shall comply with the
New York State Uniform Fire Prevention and Building Code requirements
for the same.
G.
Fences and walls. Except as otherwise required herein or approved
by the Planning Board as part of a site plan, fences and walls:
(1)
Shall not exceed six feet in height when erected in required side
or rear yards and shall not exceed four feet in height when erected
in the required front yard;
(2)
Shall conform to corner lot requirements contained herein;
(3)
Shall be measured from the ground level at the base of the fence
or wall, except that where there is a retaining wall the height shall
be measured from the average of the ground levels at each end of the
retaining wall; and
(4)
In the case of retaining walls over four feet high, require site
plan review by the Planning Board and a building permit.
(5)
Fences shall consist of post and rail, wooden stockades or similar
material. Other chain link fences and other wire fences where flexible
wire or wire mesh are stretched between posts may be permitted subject
to Planning Board review. Poultry wire and similar materials shall
not be permitted except for purposes of small animal or garden enclosures
in rear yards with setbacks of no less than 20 feet from any property
line.
[Added 4-20-2015 by L.L.
No. 1-2015]
H.
Garages and storage of recreation vehicles in residential zones.
(1)
Garage accessory to single-family detached dwelling. Garages accessory
to a single-family detached dwelling used for vehicle storage shall
not exceed 25 feet by 50 feet in area with a maximum wall height of
12 feet.
(2)
Garage accessory to two-family or multifamily dwellings. Garages
accessory to two-family or multifamily dwellings used for vehicle
storage shall not exceed 25 feet by 50 feet in area with a maximum
wall height of 12 feet. Garage space may be provided for each family
for which such residence is arranged. Space in a garage accessory
to a multifamily residence shall be used solely by occupants of the
premises.
(3)
Storage of recreation vehicles. The outdoor storage of one operable
state-inspected recreation vehicle (travel trailer) or one operable
boat of more than 15 feet in length is permitted for every 20,000
square feet of lot area, provided that such trailer or boat is unoccupied
and not stored between the street line and the front building line,
except that one such vehicle or boat may be stored in a driveway.
Under no circumstance may such a vehicle or boat be stored within
15 feet of a street line or closer to a property line than the minimum
distance permitted for an accessory structure.
(4)
Storage and parking of commercial vehicles. In residential zones,
no more than one commercial vehicle under 18,000 pounds and none over
that size shall be permitted on a continuing basis (more than seven
days in any given month). Outdoor storage of more than one commercial
vehicle is allowed by special use permit in the RR, VC and BLI Districts.
Commercial vehicles or auxiliary engines may not be left running in
residential zones.
