Village of Fair Haven, NY Use Regulations

The following uses are permitted within the R Zone:

Agricultural tilling of the soil.

One-family detached dwelling on a separate lot and occupied by not more than one family.

The following uses are allowed by special permit:

Two-family detached dwelling on a separate lot, the total lot area not being less than the minimum lot required for a one-family detached dwelling for the district.

[Amended 6-9-2014 by L.L. No. 1-2014]

Conversion of one-family dwelling to two-family dwelling. Upon completions of the conversion, the converted dwelling shall meet all requirements of this chapter applicable to two-families.

Multiple-family dwelling subject to the following:

There shall be 15,000 square feet of lot area for the initial three dwelling units with 100 feet of road frontage. The minimum lot area shall be increased by at least 2,000 square feet for each additional dwelling unit over three.

A minimum of 1.8 square feet of landscaped open space shall be required for each square foot of floor area devoted to multiple-family use. A minimum of 0.13 square feet of recreation space shall be required for each square foot of floor area devoted to multiple-family use.

Manufactured home park, subject to the provisions of Chapter 91, Manufactured Homes, of the Code of the Village of Fair Haven.

[Amended 6-9-2014 by L.L. No. 1-2014]

Institutional and educational uses, subject to the following restriction: completely detached buildings on the same lot shall be not less than 20 feet from one another.

(f)

Religious, sectarian and nonsectarian, denominational, private or public school, not conducted as a private gainful business, subject to the following provisions:

The minimum lot size shall be three acres.

All buildings shall be not less than 100 feet from any lot line.

Completely detached buildings on the same lot shall be not less than 20 feet from one another.

(g)

Publicly owned or operated facilities.

(h)

Library.

(i)

Private club.

(j)

Accessory uses, subject to the following:

Customary home occupation for gain:

That is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit.

That is clearly incidental and secondary to the use of the dwelling for residential purposes.

That conforms to the following regulations:

The home occupation shall be carried on wholly indoors and within the principal building or within a building or other structure accessory thereto.

There shall be no use of show windows or displays or advertising visible outside the premises to attract customers or clients other than the home occupation announcement signs as permitted.

There shall be no exterior storage of materials.

[iv]

No external alterations, additions or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation.

[v]

No articles shall be sold or offered for sale except such as may be produced on the premises.

[vi]

No repetitive servicing by truck for supplies and material shall be required.

[vii]

The floor area devoted to home occupation shall not be more than 25% of the ground area of the principal residential structure or 500 square feet.

In particular, a home occupation includes but is not limited to the following: art studio, professional office of a physician, dentist, lawyer, engineer, architect, writer or accountant.

[Amended 4-22-2019 by L.L. No. 2-2019]

[e]

Among the uses that shall not be interpreted to be home occupations are the following: animal hospital, commercial stables and kennels, funeral parlor, antique shop and restaurant.

All accessory uses shall be subject to the off-street parking requirements of this chapter.

All accessory uses shall be subject to the sign requirements of this chapter.

(k)

Accessory buildings, subject to the following:

Minimum yard regulations.

Unattached accessory buildings in residential districts and accessory buildings which are not attached to a principal building shall be erected only in accordance with the following restrictions:

No accessory buildings shall be located closer than 10 feet to the side and rear lot lines.

No accessory building shall be located closer to the street than the street wall of the principal building, bay front property excepted.

No accessory building shall be located closer to a principal building than 10 feet.

Attached accessory buildings in residential districts. When an accessory building is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.

Agricultural/Residential District.

[Amended 6-9-2014 by L.L. No. 1-2014]

The following uses are permitted within the AR Zone:

Agricultural tilling of the soil.

One-family detached dwelling on a separate lot and occupied by not more than one family.

Two-family detached dwelling on a separate lot, the total lot area not being less than the minimum lot required for a one-family detached dwelling for the district, including conversions from a single-family dwelling to two-family dwelling. Upon completions of the conversion, the converted dwelling shall meet all requirements of this chapter applicable to two-family dwellings.

Establishment of Special Development District.

Mobile homes, factory-built homes, or manufactured homes, subject to the provisions of Chapter 91, Manufactured Homes, of the Code of the Village of Fair Haven.

The following uses are allowed by special permit:

All uses permitted in the R Zone by special permit are so allowed in the AR Zone, unless otherwise permitted under paragraph B(1).

Bay Front District.

The following uses are permitted in the BF Zone:

All uses permitted in the R Zone.

Bay front recreational businesses.

The bay front recreational business enumerated herein shall be permitted by special permit (see § 150-40):

Marine uses:

Marinas.

Boat and marine engine repair.

Gas docks.

Fishing and boating supplies.

Private club and joint access area, a "joint access area" being a single parcel of land cooperatively owned for the purpose of obtaining access to the bay for recreation.

Seasonal lodging:

Rental cottages.

Motels and hotels.

Bay front recreational businesses shall be established only upon lots no smaller than three acres and having no less than 200 feet of frontage upon the bay.

Such businesses shall demonstrate that the design and materials of the structure and landscaping would be consistent with the natural and man-made surroundings.

Such businesses shall comply with the buffer strip requirements in Subsection D(2).

Additionally, it is desirable to demonstrate that the proposed activity will be compatible with and not made impractical by the natural environment in which it will be located. The applicant shall so demonstrate by providing documentation, where applicable, regarding the relationship between the proposed activity and the following environmental factors:

Physical character of the site:

Slope.

Depth to water table.

Unique or unusual land forms.

Depth to bedrock.

Soil types.

Flooding potential.

Wetlands.

Surface water.

Drainage.

Adjacent land uses.

Other factors set forth by the reviewing agency.

Natural resources:

Plant and wildlife.

Historic resources.

Visual settings.

Air quality.

Water quality.

Open space.

Mineral resources.

Other factors set forth by the reviewing agency.

Socioeconomic:

Transportation patterns.

Unique energy requirements.

Noise.

Drinking water.

Sanitary disposal.

Community growth patterns, including impacts on schools and municipal facilities.

[g]

Other factors set forth by the reviewing agency.

Central Business District.

The following uses are permitted:

All uses permitted in the R Zone.

The following commercial and mercantile uses:

Restaurant, tavern or bar.

Service business, including but not limited to the following: barbershop; beauty shop; laundry or cleaning agency or self-service laundry; tailor, dressmaker or printing shop; photo studio; caterer; repair shop for appliances, bicycles, watches or shoes; and carpentry or plumbing shop.

Private club or lodge for members only and operated not for profit; no buildings shall be closer than 20 feet to any lot line.

Retail business, including but not limited to the following: shops and stores for the sale of books, beverages, confections, drugs, dry goods, flowers, foodstuffs, gifts, hardware, household appliances, jewelry, notions, periodicals, stationery, tobacco, paint, furniture and wearing apparel.

[5]

Office and professional business, including but not limited to the following: personal health services, such as physician, dentist, optometrist, clinic for outpatients; architect; attorney; realtor; insurance; writer; and accountant.

[6]

Automotive business, including the repair of vehicles and sale of gasoline and other products for automobiles, but not including junkyards or parts-reclamation businesses.

All activities, except those required to be performed at fuel pumps, shall be carried on within a completely enclosed building.

Fuel pumps may be located within the front yard area of the lot, but shall be at least 15 feet from any right-of-way.

[7]

Contracting business, including but no limited to the following: electrical, heating, masonry and general construction.

[8]

Hotel, inn, motel or convention center.

[Amended 4-22-2019 by L.L. No. 2-2019]

All uses in Subsection D(1)(b) above shall provide buffers consistent with the following:

A buffer strip no less than 10 feet in width shall be provided by the owner along side and rear property lines when abutting property is not a commercial or industrial use. This buffer strip shall be sufficient to prevent access to adjacent property or to form an immediate screen. It shall be composed of evergreens, evergreen shrubs and/or deciduous shrubs or uniformly finished fences. The maintenance of this area shall be a continuing obligation of the owner of said area.

A conditional waiver or modification of this buffer strip requirements can be obtained by special permit solely with the consent of adjacent property owners.

Central Business District Regulations.

[Added 4-22-2019 by L.L. No. 2-2019[1]]

Purpose. The purpose of the Central Business District (CBD) regulations is to provide appropriately scaled commercial uses while maintaining and enhancing the historic character and development pattern in downtown Fair Haven. Commercial uses in this district should provide goods and services for residents and support the local tourism economy. New development in this district will be regulated in accordance with the design standards herein which have been established to ensure that all new buildings, substantial remodels, and new uses are compatible with the surrounding character of the district, balances growth, and protects the quality of life for both residents and visitors.

Building siting for new development. Nonresidential development. For all new construction projects the following requirements shall be met.

Placement.

Each parcel shall be assigned a primary frontage, to be approved by the Planning Board. Parcels on a corner shall also have a secondary frontage.

A build-to line shall be established for each primary frontage and secondary frontage by the Planning Board. In general, the build-to line shall align with the front facade of adjacent buildings on adjacent parcels. The Planning Board has established the build-to line for each block in the CBD based on the location of existing buildings at the time of adoption of this section of the Zoning Law.

For large lot development where there is a desire and ability to place the building back a significant distance from the build-to line, the Planning Board may approve an alternate building placement.

On corner lots, the building shall be located near the corner, at the intersection of the build-to line of the primary frontage, and the build-to line of the secondary frontage, unless specific site circumstances, such as utility easements, topography, or street design standards preclude such a location. If such circumstances exist, the building shall be located as close as practical to the corner along the primary frontage while still maintaining a clear sight triangle for vehicular traffic.

Massing.

Height. Buildings shall have a maximum height of 35 feet.

Square footage. Buildings with a ground floor area (footprint) of 4,000 square feet or more are required to obtain a special use permit from the Planning Board. In granting a special use permit for a building with a ground floor area (footprint) over 4,000 square feet, the Planning Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to ensure that any proposed developments will secure substantially the objectives of this section. These conditions may include but are not limited to the following:

Increasing the required lot size or yard dimension.

Limiting the height, size, or location of buildings.

Controlling the location and number of vehicle access points.

Increasing the number of required off-street parking spaces.

[e]

Limiting the number, size, location, and lighting of signs.

[f]

Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property.

[g]

Designating sites for open spaces.

Buildings with primary frontage of 70 feet or longer shall be constructed in a series of bays to appear as more than one building. Each of these bays shall be no wider than 35 feet and each bay shall have a functional entrance.

150 Bldgs Primary Frontage_This_left.tif

150 Bldgs Primary Frontage_Not This_right.tif

Orientation.

Buildings shall be oriented so that their main entrances are accessible from the primary frontage (not on the side or to the rear), thus maintaining the pedestrian experience and access in the Central Business District.

Buildings on corners shall have storefront windows on both sides facing each street and shall have at least one entrance on the primary frontage. Buildings with entrances from each street are encouraged.

150 Bildgs on corners_Not This_right.tif

For large lot development where there is a desire and ability to place the building back a significant distance from the build-to line, the Planning Board may approve an alternate building orientation.

Public space. Property owners are encouraged to provide public pedestrian spaces along their commercial storefronts. These types of spaces include but are not limited to outdoor seating or cafe space; additional landscaping; benches; and bike racks, etc.

Parking. Off-street parking spaces/lots provided by property owners, whether private or public, shall meet the following requirements:

Parking spaces/lots shall be located to the rear or the side of the building and shall be screened from view along the public right-of-way on the primary street frontage in accordance with the requirements in § 150-8E(2)(g)[1].

Areas which are available for public parking and not designated solely for residential units shall be properly signed and marked.

Curb cuts into parking lots shall be no wider than 24 feet and each parcel shall have only one curb cut per street.

(f)

Accessory buildings and uses. Accessory buildings and uses, including, but not limited to, dumpsters or other refuse storage units, storage sheds, mechanical equipment, commercial vehicle storage/parking, and loading docks or access areas shall be located at the rear of the property or building and screened from view from the public right-of-way on the primary street frontage in accordance with the screening requirements in § 150-8E(2)(g)[1].

(g)

Landscaping and screening. Property owners are encouraged to provide landscaping on their property in the form of grass areas, planter boxes, shrubs, trees, etc. in addition to the landscaping provided by the Village in the public right-of-way on the primary street frontage (street trees). Property owners shall maintain and not remove any landscaping installed by the Village or required by this section without prior written consent from the Village Board.

Parking lots and accessory structures. Property owners shall provide screening for parking lots and accessory structures as follows:

Parking lots shall be screened from view along the public right-of-way on the primary street frontage. Screening shall be a minimum of three feet in height using evergreen landscape material at the time of planting and spaced three feet on center. Street trees, if provided in addition to the evergreens, shall be a minimum two-inch caliper (diameter) at breast height at the time of planting and spaced 40 feet on center.

All buildings shall screen dumpsters and refuse storage areas from view from the public right-of-way on the primary street frontage with an enclosure which complements the main building in both material and color (unpainted concrete block is prohibited), built to a height of at least one foot above the height of the dumpster or refuse storage unit. Property owners may choose to construct a combination of year-round opaque vegetation and a wrought iron-style fence built to a height of at least one foot above the height of the dumpster or refuse storage unit as an alternative to a masonry wall enclosure.

Existing buildings shall screen their dumpsters in compliance with the above regulations for new buildings within two years of the adoption of the Zoning Amendment, Local Law No. 2 of 2019, on April 22, 2019.

Modifications or variances from any of the above requirements may be approved by the Planning Board on a case by case basis in areas where these requirements cannot be met.

Commercial development adjacent to residential uses. A buffer strip no less than 10 feet in width shall be provided by the owner of a commercial building along the side and rear property lines when abutting an existing residential use. This buffer strip shall be sufficient to prevent access to the adjacent property and to form an immediate screen. It shall be composed of evergreens, evergreen shrubs, and/or deciduous shrubs; and may also include a uniformly finished fence. The maintenance of this area shall be a continuing obligation of the owner of said area.

(3)

Building siting for new development. Residential development, single-family dwellings. For all new construction projects the following requirements shall be met.

Placement.

Each parcel shall be assigned a primary frontage, to be approved by the Planning Board.

For large lot development where there is a desire and ability to place the dwelling back a significant distance from the build-to line, the Planning Board may approve an alternate building placement.

Orientation.

Single-family dwellings shall be oriented so that the front of the dwelling faces the primary frontage, thus maintaining the pedestrian experience in the Central Business District.

For large lot development where there is a desire and ability to place the dwelling back a significant distance from the build-to line, the Planning Board may approve an alternate building orientation.

Landscaping and screening. Property owners are encouraged to provide landscaping on their property in the form of grass areas, planter boxes, shrubs, trees, etc. in addition to the landscaping provided by the Village in the public right-of-way on the primary street frontage (street trees). Property owners shall maintain and not remove any landscaping installed by the Village without prior written consent from the Village Board.

(4)

Design standards. The purpose of the following design standards for the Central Business District is to regulate new development in a manner which maintains and enhances the Village's small, historic, pedestrian-oriented downtown identity and character in harmony with the vision and goals of the Village of Fair Haven Comprehensive Plan. For the purpose of determining the architectural style that new development shall emulate, the significant historical period for the Central Business District is 1860 to 1950.

Nonresidential development.

Applicability. The standards below shall apply to all newly constructed buildings. The standards shall also apply to existing buildings where the improvements that are being made fall into one or more of the following categories: Replacement of exterior building materials, doors, windows, etc. totaling 50% or more of the surface area of one or more building facades; or the building envelope is expanded by 50% or more of the total square footage of the existing building.

Ground floor facades. In order to maintain a pedestrian oriented commercial street-frontage, the first floor of all nonresidential buildings in the Central Business District shall look and function like a commercial storefront (retail and office uses are both acceptable). Specific requirements for ground floor facades include:

Window style/treatment.

Windows and doors shall occupy at least 50% of the building ground floor facade and be of a size and scale appropriate to the overall building.

Window sashes and mullions shall not be clad in reflective unpainted metal, but rather painted the same trim color as the rest of the trim on the building.

Windows shall have a solid base (bulkhead) under them (between the sidewalk and the window base) a minimum of 18 inches high but no more than 30 inches high.

Commercial entrances.

Entry doors shall be recessed from the building facade where historically accurate to the building.

Entry doors shall be a minimum of 50% glass and may include a transom over the door.

Entry doors shall be constructed of clad wood, steel (must have a painted nonreflective finish), fiberglass or painted wood; and shall have a minimum twelve-inch bottom style or base.

[iv]

Entrances may have an awning or canopy over them, subject to the specific requirements in § 150-8E(4)(a)[6].

Building materials. For new buildings the following materials are prohibited on building facades: metal siding, smooth face concrete block, and split-face concrete block. For renovations or additions to existing buildings, the property owner may use similar matching materials to those currently used on the existing building facade upon approval by the Planning Board.

Building corners. Where feasible, building corners should incorporate prominent features to create a focal point for pedestrians, such as a diagonally cut entrance on the corner of the building with a view into the commercial space. In order to provide safe pedestrian and vehicular movement there shall be no projections from the building (including signage), freestanding signs, furniture, or other items which encroach into the vehicular sight triangle at the corner intersection.

[5]

Roofs. Roofs may be sloping or flat and similar roof styles and heights shall be used to create a visually cohesive and interesting streetscape. Flat roofs must incorporate a parapet wall along the primary facade and on all primary streets. Roof types and heights shall be appropriate to the historical architectural character of the building.

Corrugated metal and wood shake roofs are prohibited. Standing seam metal roofs shall be permitted so long as they do not have a reflective metallic finish.

[6]

Awnings and canopies. Property owners are encouraged to include awnings or canopies over individual doors and storefronts on the ground floor facades of buildings in the Central Business District. Awnings and canopies shall not extend over the entire length of a building facade and shall only occur over individual entrances and windows on the ground floor facade. Awnings and canopies shall be constructed to replicate traditional, historic storefront awnings which are appropriate to the architectural period and style of the building; and shall be made of weather/fade resistant and fire retardant fabric stretched over a metal frame. Metal, plastic, glass and any other shiny or reflective materials are prohibited. Awnings and canopies must be colored in a complementary color scheme as the building. Any signage, writing, or symbols used on an awning or canopy shall not cover the entire surface of the fabric and shall also complement the overall color scheme for the building.

(5)

General maintenance. None of the guidelines or standards in this document shall prohibit the general maintenance and cleaning of buildings, including cleaning masonry or painting building facade elements. All activities not deemed to be general maintenance activities shall be subject to the requirements in this section.

(6)

Color. Buildings in the Central Business District shall have a color scheme of at least two colors. Building color schemes shall consist of a main body color, plus one or more trim colors, plus one (optional) accent color.

(7)

Signage. Projecting signs and signage on the windows of storefronts is encouraged, but shall not be distracting, hazardous (to pedestrians or project so far out from the building to interfere with traffic, trees, or utility lines), or cover up a single storefront window or door. In addition to the signage regulations in § 150-18, specific requirements for the Central Business District are listed below:

"Open" flags are encouraged on storefronts, however, other nonflag type moving, spinning or air blown moving signage is prohibited.

Freestanding signage in the public right-of-way on the primary street frontage and in the vehicular sight triangle at corners, unless it is NYS DOT approved directional or safety signage, is prohibited. However, sandwich board signs are permitted so long as they do not block pedestrian access on the sidewalk.

Editor's Note: This ordinance also renumbered former Subsections E and F as Subsections F and G, respectively.

Special Development Districts.

Requirements.

Upon compliance with all provisions of this subsection, this district shall be established by amendment of this chapter by the Village Board.

This district shall be established only within those areas designated as an "AR Zone" at the time of application for said establishment.

The nature of activities likely to be carried on under authority of this section requires the application of safeguards in order to ensure the safety and best use of property in nonresidential use.

Therefore, the following performance requirements shall be met by an applicant for a permit under authority of this subsection. Such requirements are designed to prevent a condition which is noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration or similar substance or condition.

The applicant shall demonstrate that the following standards are met:

All applicable building and fire codes[2] have been or can be complied with prior to issuance of occupancy permit.

Editor's Note: See Chapter 46, Building Construction and Fire Prevention.

Glare from direct or indirect lighting shall not cause illumination in excess of 0.5 footcandle from the source when measured at a residential line adjourning the site.

Toxic substances, materials which are capable of carrying injury to living organisms by chemical means when present in relatively small amounts, shall not be used, stored, processed, transported or in other ways incorporated into the industrial operations of the applicant in any manner which threatens the safety of the residents, property or resources of the Village of Fair Haven.

Smoke emitted form any stack, vent chimney or combustion process shall not be of a shade in excess of Ringelmann No. 1, except for a total of three minutes in an eight-hour period, where such shall not exceed Ringlemann No. 3. The Ringelmann Chart is published by the United States Bureau of Mines.

[5]

Odor shall be measured by the Standard Method for Measurement of Odor in Atmosphere (ASRM DI391-57) or its equivalent. Odor releases shall not exceed the odor threshold concentration at or beyond the district boundary line measured either at ground level or habitable elevation.

[6]

Dust and particulates shall not exceed levels set forth by the American Conference of Government Industrial Hygienists.

[7]

All business servicing, manufacturing and processing and storage within 50 feet of a residential boundary shall be effectively screened by a solid wall, fence or planting or combination of such so that material or activity shall not be visible from the residential property.

[8]

A minimum lot size of three acres shall be required for the establishment of any use under this subsection.

[9]

No more than 75% of the lot shall be built upon or developed for accessory uses.

[10]

Physical character of the site:

Slope.

Depth to water table.

Unique or unusual land forms.

Depth to bedrock.

Soil types.

Flooding potential.

Wetlands.

Drainage.

Adjacent land uses.

Other factors set forth by the reviewing agency.

Natural resources:

Plants and wildlife.

Historic resources.

Visual settings.

Air quality.

Water quality.

Open space.

Mineral resources.

Other factors set forth by the reviewing agency.

Socioeconomic:

Transportation patterns.

Unique energy requirements.

Noise.

Drinking water.

Sanitary disposal.

Community growth patterns, including impacts on schools and municipal facilities.

[vii]

Other factors set forth by the reviewing agency.

Permitted uses.

Upon compliance with all provisions of this subsection and § 150-40, Article VIII, the uses permitted within said created districts shall be limited to those set forth by the Village Board as an amendment to this chapter.

Public Recreation District.

The following uses are permitted in the PR Zone:

Recreational activities and programs undertaken by a public agency or its designated agent upon lands owned or otherwise controlled by a public agency or its designated agent.

The construction, erection and/or maintenance of buildings, structures and/or other appurtenances required or desirable for the provision of recreational services to the public agency or is designated agent.

The following describes the categories of uses as outlined in Table 1: Use Table.

[Added 4-22-2019 by L.L. No. 2-2019]

Uses permitted-by-right. (Denoted by "P.")