A.
Stripping of topsoil. No person, firm or corporation
shall strip, excavate or otherwise remove topsoil for sale or for
use other than on the premises from which the same shall be taken
except in connection with the construction or alteration of a building
on such premises and excavation or grading incidental thereto.
B.
Natural production uses. There shall not be permitted
in any district the excavation for sale of sand, gravel, clay, shale
or other natural mineral deposit or the quarrying of any kind of rock
formation.
A.
Height exceptions. The height limitation of this chapter
shall not apply to church spires, belfries, cupolas not used for human
occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads,
antennas less than 10 feet in height over the roofline, similar features
and necessary mechanical appurtenances usually carried above the roof
level.
B.
Ornamental features. The provisions of this chapter
shall not apply to prevent the erection above the building height
limit of a parapet wall or cornice for ornament (and without windows)
extending above such height limit not more than five feet.
A.
Reduced lot area. No lot shall be so reduced in area
that any required open space will be smaller than that prescribed
in the regulations for the district in which said lot is located.
B.
Visibility at intersections. On a corner lot in any
residential district where streets intersect at an angle of less than
135º, no fence, wall, hedge or other similar planting more than
3 1/2 feet in height shall be erected, placed or maintained within
the triangular areas formed by the intersecting street lines and a
straight line joining said street lines at points which are 30 feet
distant from the point of intersection, measured along said street
lines.
A.
Terraces and decks. A paved terrace, patio or deck
shall not be considered in the determination of yard size or lot coverage;
provided, however, that they are unroofed and without walls, parapets
or other form of enclosure. Such terrace, patio or deck, however,
may have an open guardrailing not over three feet six inches and shall
not project into any yard to a point closer than four feet to any
lot line.
B.
Porches. Any open or enclosed porch shall be considered
a part of the building in the determination of the size of yard or
lot coverage.
C.
Projecting architectural features. The space in any
required yard shall be open and unobstructed except for the ordinary
projections of windowsills, belt courses, cornices, eaves and other
architectural features; provided, however, that such features shall
not project more than two feet into any required yard.
D.
Bay windows. Bay windows, including their cornices
and eaves, may project into any required yard not more than two feet;
provided, however, that the sum of such projections on any wall does
not exceed 1/3 the length of said wall.
E.
Fire escapes. Open fire escapes may extend into any
required yard not more than four feet six inches.
F.
Front yard depth. In any residential district each
dwelling hereafter erected shall have a front yard not less than the
average depth of the front yards of the lots immediately adjacent
thereto on either side.
G.
Reduction in rear yards. When a lot is less than 100
feet deep at the time of the passage of this chapter, such rear yard
depth may be decreased; provided, however, that no rear yard shall
be less than 20 feet in depth.
A.
The minimum site area in square feet per dwelling
unit in multifamily districts, unless a larger area is required in
a specific district, shall be as follows:
|
Number of Bedrooms per dwelling unit
|
0 to 1
|
2
|
3
|
4 or more
| |
|---|---|---|---|---|---|
|
Minimum site area per dwelling (square feet)
|
3,500
|
5,000
|
7,000
|
8,000
|
B.
In the event that there is a conflict between the
provisions herein stated and any other requirements of this chapter,
those provisions requiring the largest site area shall govern.
A.
Corner lot transition. On every corner in a residential
district there shall be provided on the side street a side yard equal
in depth to the required front yard depth on said side street. The
rear yards shall be no less than 10 feet in depth.
B.
Side yard and rear yard transition. Where a lot in
a business district abuts a lot in a residential district, there shall
be provided along such abutting lines a yard equal in width or depth
to that required in the residential district.
C.
Front yard transition. Where the frontage on one side
of a street between two intersection streets is zoned partly as residential
and partly as business, the front yard depth in the business district
shall be equal to the required front yard depth of the residential
district for a distance of 200 feet into the business district.
D.
Industrial transition. Where a lot in an industrial
district abuts lots in a residential district or a business district,
there shall be provided along such abutting lines a yard of sufficient
width or depth to provide an appropriate buffer between the industrial
use and the residential or business district. The width or depth shall
be determined by the Planning Board as part of the site plan review
process after taking into consideration the type of use, character
of the appropriate neighborhoods and other material factors, but in
no event shall such yard be less than the width or depth of any abutting
residential lot.
E.
Garage entrances. In a nonresidential district, no
public or private garage for more than five motor vehicles nor any
gasoline service facility shall have an entrance or exit for motor
vehicles within 50 feet of a residential district.
[Amended 8-16-1995 by L.L. No. 4-1995]
A.
General restrictions. Lots, structures and uses existing
in compliance with all applicable laws immediately prior to the effective
date of chapter or any amendments to this chapter, but which are not
permitted as a matter of right by the terms of this chapter or any
such amendments, are deemed to be lawfully nonconforming. Prior lawful
nonconforming lots, structures and uses are continued. Lawful nonconforming
lots, structures and uses may continue to be used, repaired and maintained.
B.
Subject to Subsection C, below, an increase in the floor space, cubic space or size, above or below grade, of a lawful nonconforming structure is permitted only when:
(1)
The proposed use conforms to this chapter as a matter
of right;
(2)
The proposed increase in the floor space, cubic space
or size, otherwise conforms to this chapter except for the structure's
lawful nonconforming status;
(3)
The proposed increase in the floor space, cubic space
or size will otherwise comply with all applicable laws; and,
(4)
Upon qualifying for and obtaining a special permit
from the Planning Board.
C.
Notwithstanding Subsection B above, no special permit is required for a proposed increase in floor space, cubic space or size of a lawfully nonconforming structure when:
D.
A nonconforming use shall not be expanded.
E.
Whenever a nonconforming use has been discontinued
for a period of one year, such use shall not thereafter be reestablished
and any future use shall be in conformity with this chapter and all
applicable laws. Subject to the foregoing, discontinuance of use of
a lot or structure shall not impair the legal nonconforming status
of the lot or structure.
F.
Certification of legal nonconformity. The Village Board of Trustees may determine whether or not any lot, structure or use existing on the effective date of this chapter or any amendments to this chapter is lawfully nonconforming in accordance with § 187-14A above. The facts stated in any such determination shall be conclusive in all subsequent proceedings unless additional evidence is presented to the contrary. All such determinations shall be in writing and on a document, entitled "Certificate of Legal Nonconformity." Such certificates shall be transmitted to the property owner and kept on file in the office of the Village Clerk.
G.
Any disagreement with a determination by the Village
Board under the preceding subsection may be appealed to the Zoning
Board of Appeals. Application for such appeal must be filed with the
Codes Enforcement Officer within 60 days of the later of filing of
such determination with the Village Clerk, mailing of such determination
to the applicant of record or mailing of such determination to the
owner of the property in question at the last known address shown
on the Village tax roles for said property owner. If, prior to the
rendering of such decision, the property owner has delivered to the
Village Clerk a writing signed by the owner, referencing this subsection
and directing the use of a different address, such different address
shall be used.
H.
Lots, structures and/or uses which exist in compliance
with this chapter pursuant to a variance duly issued by the Zoning
Board of Appeals are deemed to be legally nonconforming.
A.
The following minimum number of parking spaces and
adequate access shall be provided and satisfactorily maintained by
the owner of the property for each building which, after the date
when this provision becomes effective, is constructed for any of the
following uses:
(1)
Dwelling: two parking spaces for each dwelling unit
in the building or buildings.
(2)
Hotel, motel or tourist home: one parking space for
each rentable room or sleeping unit and one additional parking space
for each employee.
(3)
Auditoriums, theaters and other places of public assembly
or worship: at least one parking space for each four fixed seats,
based on maximum seating capacity, or five parking spaces for every
100 square feet or fraction thereof of seating area where there are
no fixed seats, plus one additional space for each employee.
(4)
Restaurants, eating establishments and bars: one parking
space for each three seats or one parking space for each 45 square
feet or fraction thereof of customer area, whichever is more restrictive,
plus one additional space for each employee.
(5)
Hospitals, nursing homes and other health-related
institutions: one parking space for each two beds, plus one parking
space for each employee.
(6)
Funeral homes: space for 25 visitors' cars, plus parking
for all employee and resident personnel cars.
(7)
Home occupation: in addition to the parking spaces required in Subsection A(1) above, one additional parking space, plus one additional space if there is a nonresident employee.
(8)
Physicians, dentists, osteopaths, chiropractors and
other health-related professionals not conducting their profession
as a home accessory use: one parking space per each employee, plus
four additional spaces per practitioner.
(9)
Office: one parking space for each 275 square feet
or fraction thereof of gross floor area.
(10)
Retail stores: one parking space for each 200
square feet or fraction thereof of gross floor sales area.
(11)
Industrial: one parking space for each employee
on the maximum working shift and one additional parking space for
each vehicle used in the operation of the business, plus five additional
visitor parking spaces.
(12)
Unspecified uses or uses which are a combination
of those listed: sufficient off-street parking consistent with the
nature of the operation as may be required by the Planning Board as
part of the site plan review process.
B.
No parking shall be located in any front yard or within
five feet of any side or rear lot line, except in driveways. For the
purposes of this section, the term "front yard" shall mean the area
between the roadway edge and that part of the principal building which
is nearest to the roadway edge.
[Amended 11-26-2007 by L.L. No. 3-2007]
C.
Controlled access. Adequate controlled access shall
be provided in all parking areas as may be determined by the Planning
Board, except in R-1 and R-2 Districts, which shall be determined
by the Codes Enforcement Officer.
Existing land uses are subject to the following:
B.
Modifications or conversions of existing uses shall
require an addition or reduction in spaces as follows: If the use
as modified or converted requires more spaces than the original use,
spaces equal in number to the difference shall be provided; if such
modification results in a reduction, existing spaces may be reduced
but not below the number required for the modified use.
Parking spaces for any use may be joint with
any other use, including a municipal parking lot, provided that a
special permit is granted by the Planning Board, provided further
that:
A.
There will exist no substantial conflict in the principal
hours or period of peak demand of the uses for which the joint space
is provided.
B.
Such spaces shall not be located further than 500
feet from any of the principal uses which they serve.
C.
A parking covenant is executed and delivered to the
Planning Board, except in the case of joint use with a municipal parking
lot.
[Added 10-15-2002 by L.L. No. 7-2002]
A.
Properties smaller than 10,000 square feet located
in the R-1, R-2, R-3 or R-B Residential District shall be allowed
no more than one entry from a public road for a driveway.
B.
Properties larger than 10,000 square feet located
in the R-1, R-2, R-3 or R-B Residential District shall be allowed
no more than two entries from a public road for a driveway.
C.
No driveway, turnaround or portion thereof located
in the R-1, R-2, R-3 or R-B residential district shall cover more
than 25% of each yard area adjoining a public road. For purposes of
this section, each yard adjoining a public road shall be deemed a
front yard.
D.
The relocation, enlargement or modification of an
existing driveway located in the Village of Fayetteville or the addition
of an entry from a public road for a driveway shall require the approval
of either the Village of Fayetteville Department of Public Works or
the applicable Town, County or State Department of Transportation
and site plan review and approval as set forth in the site plan review[1] and zoning chapters of the Village Code.
[Amended 10-24-2005 by L.L. No. 3-2005]
E.
No entry from a public road for a driveway shall be
located closer than 60 feet to the center line of a street intersecting
the street containing the entry.
[Added 3-14-2005 by L.L. No. 2-2005]
A.
As a matter of original jurisdiction, the Village
Board of Trustees, subject to the procedures, standards and limitations
set out, hear, review and finally decide applications authorizing
the development of museums, art galleries, public community centers
and libraries as special permitted uses.
B.
Special permit uses for museums, art galleries, public
community centers and libraries require a careful review of their
location, design, configuration and special impact to determine, against
fixed standards, the desirability of permitting their establishment
on any given site. They are uses which may or may not be appropriate
in a particular location depending on a weighing, in each case, of
the public need and benefit against the local impact and effect.
C.
Notwithstanding anything to the contrary within the
Code of the Village of Fayetteville, museums, art galleries, public
community centers and libraries shall be an allowed use within all
zoning districts of the Village but only upon issuance of the following:
D.
MUSEUM
PUBLIC COMMUNITY CENTER
RELATED FACILITIES
For purposes of this section, the following terms
shall have the meanings described herein:
An institution, building, room or specified indoor or outdoor
area and related facilities for preserving, exhibiting, demonstrating
or interpreting art, history, culture, or nature or scientific objects
or ideas.
Includes a building or structure and related facilities operated
by a governmental agency, the primary function of which is available
to public for civic, cultural, educational, philantrophic, recreational
or social purpose.
Include accessory structures or uses which are:
(1)
Subordinate to and serve the principal building
or use;
(2)
Contribute to the comfort, convenience or necessity
of the occupants, business or activity in the principal structure
or principal use served;
(3)
Subordinate in purpose to the principal structure
or principal use served; and
(4)
Located either on the same lot or on a separate
lot located in the immediate area of the principal structure or principal
use served.
