The regulations set by this chapter shall be
the minimum regulations within each district and shall apply uniformly
to each class or kind of structure or use of land, except as hereinafter
provided:
A. No building, structure or land shall hereafter be
used or occupied and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or structurally
altered except in conformity with all the regulations herein specified
for the district in which it is located.
B. No building or structure shall hereafter be erected
or altered which exceeds the height limitation for any structure within
a specified district, accommodates or houses a greater number of families,
occupies a greater percentage of lot area or has narrower or smaller
yards or other open spaces than herein required or is in any other
manner contrary to the provisions of this chapter and the requirements
of the New York State Uniform Code.
C. No part of a yard or other open space or off-street parking or loading space required or provided in connection with any building or use for the purpose of complying with the regulations set forth herein shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building or use except as provided in Article
XI.
D. No yard or lot existing at the time of enactment of
this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet or exceed the minimum requirements
established herein.
In an R-1 Residential District, no building
or premises shall be used and no building or part of a building shall
be erected or altered which is arranged, intended or designed to be
used, in whole or in part, for any uses except as specified herein:
A. Purpose. The purpose of the R-1 Residential District
is to provide an opportunity for single-family residential development
to occur at medium densities in areas where water and sewer services
are available and in locations with adequate highway access.
B. Permitted principal uses. In the R-1 Residential District,
the permitted principal uses shall be single-family dwellings, not
to exceed one principal structure per lot.
C. Permitted accessory uses. The following shall be permitted
accessory uses:
(1) One private garage or carport with a maximum capacity
of 720 square feet for the parking of automobiles of residents on
the premises. The use of a private garage for the repair of automobiles
or other vehicles for a profit shall not constitute a permitted accessory
use.
(2) Customary accessory structures serving residential
uses, including but not limited to private swimming pools, fences,
storage buildings, toolhouses, greenhouses, tennis courts, pet shelters
and fireplaces.
(3) Except for a detached private garage, detached accessory
buildings shall not exceed 12 feet in height. Detached private garages
shall not exceed 15 feet in height. The Planning Board may, however,
approve a detached private garage up to 18 feet in height if it determines
that such additional height would not burden or inconvenience the
neighborhood.
(4) With the exception of detached private garages, all
detached accessory buildings shall be located behind the rear foundation
wall of the principal building and in accord with the setback requirements
for rear yards specified in Schedule I. Detached garages shall be located to the rear of the front
building line of the principal building and may be located in a side
yard in accord with the setback requirements specified in Schedule
I.
(5) Detached accessory buildings may be located in a side
yard on corner and through lots, provided that they are no closer
to the front lot line than the front building line and in accord with
the side yard setback requirements specified in Schedule I.
(6) Private swimming pools subject to the provisions of Article
XI of this chapter.
(7) Off-street parking subject to the provisions of Article
XI of this chapter.
(8) Signs subject to the provisions of Article
XII of this chapter.
(9) Not more than one ground-mounted satellite television
dish antenna not more than 12 feet in diameter and 16 feet in height
may be permitted for each property. The minimum setback of a ground-mounted
satellite television dish antenna shall be 16 feet from any property
lines. A zoning permit issued by the Zoning Officer shall be required
prior to placing a dish in operation. The Village may require the
applicant to screen the dish in order to reduce potential nuisance
or disturbances to adjacent properties. Although locations in side
and rear yards shall be encouraged, a ground-mounted satellite television
dish antenna may be located in a front yard if the applicant can demonstrate
to the satisfaction of the Planning Board that locating the dish in
either the side or rear yard would not provide adequate reception.
(10)
Other antennae or towers may be either ground-mounted
or mounted on or attached to a building for support. Such antennae
or towers shall not exceed 15 feet above the maximum height of the
building on which it is mounted or to which it is attached or accessory
thereto. A zoning permit issued by the Zoning Officer shall be required
prior to placing a ground-mounted antenna in operation.
(11)
An antenna or tower which is ground-mounted
shall be located in rear yards only. Antennae or towers may be permitted
in the side yard on corner or through lots, provided that they are
no closer to the front lot line than the front building line.
(12)
Antennae or ground-mounted towers shall be set
back from all other structures and all property lines a distance which
is not less than 1 1/2 times the distance between the highest part
of such antenna or tower and the ground. Guy wires, anchors and other
supports for an antenna shall not be closer than 10 feet to any property
line.
(13)
Other accessory uses not specified herein may
be approved by the Planning Board, provided that the Board determines
that such uses are clearly accessory to the permitted principal use
and consistent with the purpose and intent of the zone district and
this chapter.
D. Dimensional requirements. The dimensional requirements
for this district are specified in Schedule I, which is a part of
this chapter.
E. Special uses. The following uses may be permitted consistent with the provisions of Article
X, provided that a special use permit is approved by the Planning Board:
(1) Essential services, excluding power plants, maintenance
buildings and storage yards.
(2) Cluster residential developments.
(4) Bed-and-breakfast establishments.
(7) The following public and semipublic buildings and uses defined in §
200-10 of this chapter:
(a)
Churches, places of worship, parish houses and
convents.
(b)
Public parks, playgrounds and recreational areas
when authorized or operated by a governmental authority.
(c)
Elementary schools, secondary schools, colleges
or universities having a curriculum approved by the Board of Regents
of the State of New York.
(d)
Public libraries and museums.
In an R-2 Residential District, no building
or premises shall be used and no building or part of a building shall
be erected or altered which is arranged, intended or designed to be
used, in whole or in part, for any uses except as specified herein.
A. Purpose. The purpose of the R-2 Residential District
is to provide for the orderly development of mixed single- and two-family
dwelling units in areas where water and sewer services are available
and in locations with adequate highway access. Higher density residential
developments may be permitted, using planned development guidelines
for multiple-family residences, if it can be determined that such
densities will not adversely impact or create a burden for existing
development.
B. Permitted principal uses. The following shall be permitted
principal uses in the R-2 Residential District:
(1) Single-family dwellings, not to exceed one principal
structure per lot.
(2) Two-family dwellings, including duplexes not to exceed
one principal structure per lot.
C. Permitted accessory uses. The following shall be accessory
uses in the R-2 Residential District:
[Amended 8-26-1996 by L.L. No. 3-1996]
(1) One private garage or carport with a maximum capacity
of 720 square feet for the parking of automobiles of residents on
the premises. The use of a private garage for the repair of automobiles
or other vehicles for a profit shall not constitute a permitted accessory
use.
(2) Customary accessory structures serving residential
uses, including but not limited to private swimming pools, fences,
storage buildings, toolhouses, greenhouses, tennis courts, pet shelters
and fireplaces.
(3) Except for a detached private garage, detached accessory
buildings shall not exceed 12 feet in height. Detached private garages
shall not exceed 15 feet in height. The Planning Board may, however,
approve a detached private garage up to 18 feet in height if it determines
that such additional height would not burden or inconvenience the
neighborhood.
(4) With the exception of detached private garages, all
detached accessory buildings shall be located behind the rear foundation
wall of the principal building and in accord with the setback requirements
for rear yards specified in Schedule I. Detached garages shall be located to the rear of the front
building line of the principal building and may be located in a side
yard in accord with the setback requirements specified in Schedule
I.
(5) Detached accessory buildings may be located in a side
yard on corner and through lots, provided that they are no closer
to the front lot line than the front building line and in accord with
the side yard setback requirements specified in Schedule I.
(6) Private swimming pools subject to the provisions of Article
XI of this chapter.
(7) Off-street parking subject to the provisions of Article
XI of this chapter.
(8) Signs subject to the provisions of Article
XII of this chapter.
(9) Not more than one ground-mounted satellite television
dish antenna not more than 12 feet in diameter and 16 feet in height
may be permitted for each property. The minimum setback of a ground-mounted
satellite television dish antenna shall be 16 feet from any property
lines. A zoning permit issued by the Zoning Officer shall be required
prior to placing a dish in operation. The Village may require the
applicant to screen the dish in order to reduce potential nuisance
or disturbances to adjacent properties. Although locations in side
and rear yards shall be encouraged, a ground-mounted satellite television
dish antenna may be located in a front yard if the applicant can demonstrate
to the satisfaction of the Planning Board that locating the dish in
either the side or rear yard would not provide adequate reception.
(10)
Other antennae or towers may be either ground-mounted
or mounted on or attached to a building for support. Such antennae
or towers shall not exceed 15 feet above the maximum height of the
building on which it is mounted or to which it is attached or accessory
thereto. A zoning permit issued by the Zoning Officer shall be required
prior to placing a ground-mounted antenna in operation.
(11)
An antenna or tower which is ground-mounted
shall be located in rear yards only. Antennae or towers may be permitted
in the side yard on corner or through lots, provided that they are
no closer to the front lot line than the front building line.
(12)
Antennae or ground-mounted towers shall be set
back from all other structures and all property lines a distance which
is not less than one and one-half (11/2) times the distance between
the highest part of such antenna or tower and the ground. Guy wires,
anchors and other supports for an antenna shall not be closer than
10 feet to any property line.
(13)
Other accessory uses not specified herein may
be approved by the Planning Board, provided that the Board determines
that such uses are clearly accessory to the permitted principal use
and consistent with the purpose and intent of the zone district and
this chapter.
D. Dimensional requirements. The dimensional requirements
for this district are specified in Schedule I, which is made a part
of this chapter.
E. Special uses. The following uses may be permitted consistent with the provisions of Article
X, provided that a special use permit is approved by the Planning Board:
[Amended 8-26-1996 by L.L. No. 3-1996]
(1) Essential services, excluding power plants, maintenance
buildings and storage yards.
(2) Cluster residential developments.
(4) Bed-and-breakfast establishments.
(7) The following public and semipublic buildings and uses defined in §
200-10 of this chapter.
(a)
Churches, places of worship, parish houses and
convents.
(b)
Public parks, playgrounds and recreational areas
when authorized or operated by a governmental authority.
(c)
Elementary schools, secondary schools, colleges
or universities having a curriculum approved by the Board of Regents
of the State of New York.
(d)
Public libraries and museums.
(e)
Day-care centers approved by the New York State
Department of Social Services.
(9) Multiple-family developments.
In a G-H Genesee Historic District, no building
or premises shall be used and no building or part of a building shall
be erected or altered which is arranged, intended or designed to be
used, in whole or in part, for any uses except as specified herein.
A. Purpose. The purpose of the G-H Genesee Historic District
is to create a mixed-use area that recalls the unique canal/railroad
history of Cuba Village. A mixture of attractively landscaped residential,
public use and limited-intensity commercial uses are contemplated
to attract additional visitors to the community and to improve the
Village's tourist base.
B. Permitted principal uses. The following shall be permitted
principal uses in the G-H Genesee Historic District:
(1) Single- and two-family dwellings in accord with the
standards and provisions specified for the R-2 Residential District.
(2) The following retail business and personal service
establishments:
(d)
Studios for artists, craftsmen, photographers,
composers, writers and the like.
(4) Bed-and-breakfast establishments.
(5) Other business uses which, in the opinion of the Planning
Board, are similar in nature and scale to those permitted above.
(6) Upon the approval of the Planning Board, a principal
building may contain a combination of residential and business uses,
provided that such residential uses are conducted and located elsewhere
than on the street frontage of the ground floor and having a minimum
habitable area as required in Schedule I.
C. Permitted accessory uses. The following shall be accessory
uses in the G-H Genesee Historic District:
[Amended 8-26-1996 by L.L. No. 3-1996]
(1) One private garage or carport with a maximum capacity
of 720 square feet for the parking of automobiles of residents on
the premises. The use of a private garage for the repair of automobiles
or other vehicles for a profit shall not constitute a permitted accessory
use.
(2) Private garages and storage buildings which are necessary
to store any vehicles, equipment or materials on the premises and
which are used in conjunction with a permitted business or office
use.
(3) Customary accessory structures serving residential
uses, including but not limited to private swimming pools, fences,
storage buildings, toolhouses, greenhouses, tennis courts, pet shelters
and fireplaces.
(4) Except for a detached private garage, detached accessory
buildings shall not exceed 12 feet in height. Detached private garages
shall not exceed 15 feet in height. The Planning Board may, however,
approve a detached private garage up to 18 feet in height if it determines
that such additional height would not burden or inconvenience the
neighborhood.
(5) With the exception of detached private garages, all
detached accessory buildings shall be located behind the rear foundation
wall of the principal building and in accord with the setback requirements
for rear yards specified in Schedule I. Detached garages shall be located to the rear of the front
building line of the principal building and may be located in a side
yard in accord with the setback requirements specified in Schedule
I.
(6) Detached accessory buildings may be located in a side
yard on corner and through lots, provided that they are no closer
to the front lot line than the front building line and in accord with
the side yard setback requirements specified in Schedule I.
(7) Private swimming pools subject to the provisions of Article
XI of this chapter.
(8) Signs subject to the provisions of Article
XII of this chapter.
(9) Access control, off-street parking, loading and unloading facilities, fences and landscaping, subject to the provisions of Article
XI of this chapter.
(10)
Business uses in the G-H Genesee Historic District
may be permitted to have building-mounted satellite television dish
antennae upon the approval of the Planning Board if it can be demonstrated
that a ground-mounted location is not appropriate or would not provide
adequate reception. No building-mounted television dish shall exceed
four feet in diameter and extend more than six feet above the height
of the building to which it is attached.
(11)
Residential uses in the G-H Genesee Historical
District may be permitted to have not more than one ground-mounted
satellite television dish antenna not more than 12 feet in diameter
and 16 feet in height for each property. The minimum setback of a
ground-mounted satellite television dish antenna shall be 16 feet
from all property lines. A zoning permit issued by the Zoning Officer
shall be required prior to placing a dish in operation. The Village
may require the applicant to screen the dish in order to reduce potential
nuisance or disturbances to adjacent properties. Although locations
in side and rear yards shall be encouraged, a ground-mounted satellite
television dish antenna may be located in a front yard if the applicant
can demonstrate to the satisfaction of the Planning Board that locating
the dish in either the side or rear yard would not provide adequate
reception.
(12)
Other antennae or towers may be either ground-mounted
or mounted on or attached to a building for support. Such antennae
or towers shall not exceed 15 feet above the maximum height of the
building on which it is mounted or to which it is attached or accessory
thereto. A zoning permit issued by the Zoning Officer shall be required
prior to placing a ground-mounted antenna in operation.
(13)
An antenna or tower which is ground-mounted
shall be located in rear yards only. Antennae or towers may be permitted
in the side yard on corner or through lots, provided that they are
not closer to the front lot line than the front building line.
(14)
Antennae or ground-mounted towers shall be set
back from all other structures and all property lines a distance which
is not less than 1 1/2 times the distance between the highest
part of such antenna or tower and the ground. Guy wires, anchors and
other supports for an antenna shall not be closer than 10 feet to
any property line.
(15)
Other accessory uses which, in the opinion of
the Planning Board, are similar in nature and scale to those permitted
above and appropriate to serve the principal use.
D. Dimensional requirements. The dimensional requirements
for this district are specified in Schedule I, which is a part of
this chapter.
E. Special uses. The following shall be special uses
in the G-H Genesee Historic District:
(1) Essential services, excluding power plants, maintenance
buildings and storage yards.
(3) Business and professional offices, including but not
limited to medical, legal, engineering, architectural, planning, real
estate and insurance offices, and banks. Banks with drive-in facilities
shall be permitted, provided that at least five car-length spaces
are provided in the approach drive within the property line of the
lot for each drive-in teller's window. Such spaces shall be exclusive
of required off-street parking spaces.
(4) Public and semipublic buildings and uses as defined in §
200-10 of this chapter except for schools with a curriculum approved by the state, administrative office buildings operated by public agencies and fire, ambulance, public safety and public works buildings.
F. Other provisions and requirements for uses in the
G-H District.
(1) No nonresidential use shall be established by the
conversion of any structure or premises originally designed for residential
use unless the existing residential character of the building shall
be retained.
(2) No design or structural changes, additions or extensions
shall be made to the front or sides of any existing residential structure
in order to accommodate a proposed change in use from residential
to nonresidential use except as may be necessary to provide necessary
egress, light and ventilation.
(3) Any structure associated with a nonresidential use
shall be set back a distance of not less than 20 feet from every lot
line contiguous to any lot used for residential use. In addition to
the required setback, the Planning Board may require the installation
of buffer screening to protect the privacy and residential enjoyment
of the adjacent property. The Planning Board shall determine the size
and type of buffer screening needed to ensure visual and auditory
privacy on the residential lot.
(4) No exterior lighting shall be erected, operated or
maintained in such a manner as to create an annoyance to surrounding
properties or so as to create a hazard to traffic circulation.
(5) All nonresidential uses shall set aside a minimum
of 20% of the lot area to be devoted to seeding, planting, retention
of tree cover or other landscaping. This area shall not be used for
any other purpose.
(6) Although parking may be permitted in the front yard,
all nonresidential properties fronting on Genesee Street shall include
a landscaped strip of not less than 20 feet in depth extending across
the entire Genesee Street frontage from the front property line. This
twenty-foot strip of landscaping shall be used for no other purpose
except for access to the property.
In a C-B Central Business District, no building
or premises shall be used and no building or part of a building shall
be erected or altered which is arranged, intended or designed to be
used, in whole or in part, for any uses except as specified herein.
A. Purpose. The purpose of the C-B Central Business District
is to provide a variety of retail and service uses to satisfy the
needs of individual consumers and households as well as to meet the
requirements of other businesses, industries and institutions. The
proximity to nearby residences requires that commercial operations
be conducted at a scale commensurate with nearby residential development
and possess a minimum of characteristics and effects which may be
detrimental or create a nuisance to nearby residences.
B. Permitted principal uses. The following shall be permitted
principal uses in the C-B Central Business District:
(1) Retail business establishments such as but not limited
to the following:
(a)
Stores selling groceries, meats, baked goods
and other such food items.
(c)
Stationery, tobacco and newspaper stores and
confectionery stores.
(d)
Clothing, variety and general merchandise stores.
(e)
Hardware, appliance, radio and television sales
and service.
(g)
Office supplies and equipment.
(h)
Furniture and home furnishings.
(2) Personal service establishments such as but not limited
to the following:
(a)
Barber- and beauty shops.
(b)
Shoe repair and fix-it shops.
(c)
Business and professional offices, including
but not limited to medical, legal, engineering, architectural, planning,
real estate and insurance offices, and banks. Banks with drive-in
facilities shall be permitted, provided that at least five car-length
spaces are provided in the approach drive within the property line
of the lot for each drive-in teller's window. Such spaces shall be
exclusive of required off-street parking spaces.
(d)
Dry-cleaning stores and laundromats.
(5) Assembly halls and theaters, excluding drive-in theaters.
(6) Newspaper printing, including incidental job printing.
Such operations shall be limited to having not more than 15 full-time
persons engaged therein at any one time and using not more than 30
horsepower in electric motor power.
(8) Assembling, converting, altering, finishing, cleaning
or any other processing of products, provided that:
(a)
Goods so produced or processed are to be sold
at retail, exclusively on the premises;
(b)
Space used for such purposes shall not occupy
more than 20% of the area devoted to retail sales, shall be clearly
incidental to such retail use and shall be fully concealed from any
street;
(c)
Except in connection with newspaper printing,
electric motor power not exceeding a total of 10 horsepower shall
be used exclusively. An installation of 10 horsepower or less using
fuel other than electricity may be used upon a finding by the Zoning
Officer that said installation is expected to be free of nuisance
characteristics and will have no adverse effect on neighboring uses;
and
(d)
Not more than two persons shall be engaged in
such production/processing at any one time.
(10)
Other business uses which, in the opinion of
the Planning Board, are similar in nature and scale to those permitted
above.
(11)
Upon the approval of the Planning Board, a principal
building may contain a combination of residential and business uses,
provided that such residential uses are conducted and located elsewhere
than on the street frontage of the ground floor and having a minimum
habitable area as required in Schedule I.
C. Permitted accessory uses. The following shall be permitted
accessory uses in the C-B Central Business District:
(1) Private garages and storage buildings which are necessary
to store any vehicles, equipment or materials on the premises and
which are used in conjunction with a permitted business use.
(2) Access control, off-street parking, loading and unloading facilities, fences and landscaping subject to the provisions of Article
XI of this chapter.
(3) Signs subject to the provisions of Article
XII of this chapter.
(4) Satellite television dish antennae subject to the provisions of §
200-30C(9); however, a building-mounted antenna may be permitted upon approval of the Planning Board if it can be demonstrated that a ground-mounted location is not appropriate or would not provide adequate reception. No building-mounted television dish shall exceed four feet in diameter and extend more than six feet above the height of the building to which it is attached.
(5) Other accessory uses which, in the opinion of the
Planning Board, are similar in nature and scale to those permitted
above.
D. Dimensional requirements. The dimensional requirements
for this district are specified in Schedule I, which is a part of
this chapter.
E. Special uses. The following shall be allowed as special
uses in the C-B Central Business District:
(1) Essential services, excluding power plants, maintenance
buildings and storage yards.
(2) Public and semipublic buildings and uses as defined in §
200-10 of this chapter except for schools with a curriculum approved by the state.
F. Other provisions and requirements for uses in the
C-B District. Except as otherwise provided herein, all permitted uses,
whether principal or accessory, including all storage, shall be carried
on in a fully enclosed building. Such provisions shall not apply to
parking of registered vehicles, outdoor loading or other service activities.
In a G-B General Business District, no building
or premises shall be used and no building or part of a building shall
be erected or altered which is arranged, intended or designed to be
used, in whole or in part, for any uses except as specified herein.
A. Purpose. The purpose of the G-B General Business District
is to provide sufficient space in appropriate locations for a wide
variety of business, commercial and miscellaneous service activities,
particularly along certain existing major thoroughfares. It is the
further purpose of this district to provide for attractive and efficient
retail shopping facilities of integrated design in appropriate locations
which are laid out and developed as a unit.
B. Permitted principal uses. The following shall be permitted
principal uses in the G-B General Business District:
[Amended 8-26-1996 by L.L. No. 3-1996]
(1) Retail business establishments such as but not limited
to the following:
(a)
Stores selling groceries, meats, baked goods
and other such food items.
(c)
Stationery, tobacco and newspaper stores and
confectionery stores.
(d)
Clothing, variety and general merchandise stores.
(e)
Hardware, appliance, radio and television sales
and service.
(g)
Office supplies and equipment.
(h)
Furniture and home furnishings.
(2) Personal service establishments such as but not limited
to the following:
(a)
Barber- and beauty shops.
(b)
Shoe repair and fix-it shops.
(c)
Business and professional offices, including
but not limited to medical, legal, engineering, architectural, planning,
real estate and insurance offices, and banks. Banks with drive-in
facilities shall be permitted, provided that at least five car-length
spaces are provided in the approach drive within the property line
of the lot for each drive-in teller's window. Such spaces shall be
exclusive of required off-street parking spaces.
(d)
Dry-cleaning stores and laundromats.
(3) Drive-in restaurants and eating establishments where
a substantial percentage of sales are to take out customers, provided
that such uses shall not be closer than 200 feet to a residential
district.
(6) Assembly halls and theaters, excluding drive-in theaters.
(7) Newspaper printing, including incidental job printing.
Such operations shall be limited to having not more than 15 full-time
persons engaged therein at any one time and using not more than 30
horsepower in electric motor power.
(9) Assembling, converting, altering, finishing, cleaning
or any other processing of products, provided that:
(a)
Goods so produced or processed are to be sold
at retail, exclusively on the premises;
(b)
Space used for such purposes shall not occupy
more than 20% of the area devoted to retail sales, shall be clearly
incidental to such retail use and shall be fully concealed from any
street;
(c)
Except in connection with newspaper printing,
electric motor power not exceeding a total of 10 horsepower shall
be used exclusively. An installation of 10 horsepower or less using
fuel other than electricity may be used upon a finding by the Zoning
Officer that said installation is expected to be free of nuisance
characteristics and will have no adverse effect on neighboring uses;
and
(d)
Not more than two persons shall be engaged in
such production/processing at any one time.
(11)
Printing, publishing and engraving establishments.
(12)
Electrical, heating, plumbing or woodworking
shops.
(13)
Wholesale establishments, provided that all
sales activities are conducted in a completely enclosed building.
(14)
The sale of new and used automobiles, provided
that:
(a)
Such sales shall be conducted in a fully enclosed
building located on the same lot and having a building area of not
less than 1,000 square feet devoted to the sales and services of automobiles.
(b)
Accessory to such building, the sale of new
and used automobiles may be carried on in an unenclosed area, provided
that:
[1]
Such area is on the same or an adjacent lot
to such building. If the enclosed area is on an adjacent lot, the
lot shall be not more than 200 feet from the lot with the building
and shall further be in the same ownership as said building, be in
a G-B General Business District and be used for no other purpose.
[2]
Such unenclosed area shall be paved, shall be
suitably drained and shall be maintained in a neat and orderly manner
and in good order and condition.
[3]
All exterior illumination shall be approved
by the Planning Board and shall be shielded to reduce the glare that
may negatively impact on surrounding properties and streets.
[4]
Suitable landscaping and/or fencing of such
unenclosed area shall be required.
[5]
A minimum area of 200 square feet shall be provided
on the lot for each automobile displayed, parked or stored in any
unenclosed area. Each automobile stored or displayed therein shall
be placed or parked parallel to each other facing in the same direction
toward the street upon which such lot fronts, and such automobiles
shall be arranged in an orderly manner in such spaces.
(15)
Material storage yards in connection with retail
sales of products where storage is incidental to the approved occupancy
of a store or other permitted use, provided that all products and
materials used or stored are in a completely enclosed building or
enclosed by a masonry wall fence or hedge not less than six feet in
height. The storage of all materials and equipment shall not exceed
the height of the wall.
(16)
Commercial storage buildings providing space
for rent.
(17)
Veterinary animal clinics or offices with interior
operations only.
(18)
Other business uses which, in the opinion of
the Planning Board, are similar in nature and scale to those permitted
above.
(19)
Upon the approval of the Planning Board, a principal
building may contain a combination of residential and business uses,
provided that such residential uses are conducted and located elsewhere
than on the street frontage of the ground floor and having a minimum
habitable area as required in Schedule I.
C. Permitted accessory uses. The following shall be permitted
accessory uses in the G-B General Business District:
[Amended 8-26-1996 by L.L. No. 3-1996]
(1) Private garages and storage buildings which are necessary
to store any vehicles, equipment or materials on the premises and
which are used in conjunction with a permitted business use.
(2) Access control, off-street parking, loading and unloading facilities, fences and landscaping subject to the provisions of Article
XI of this chapter.
(3) Signs subject to the provisions of Article
XII of this chapter.
(4) Satellite television dish antennae subject to the provisions of §
200-30C(9); however, a building-mounted antenna may be permitted upon approval of the Planning Board if it can be demonstrated that a ground-mounted location is not appropriate or would not provide adequate reception. No building-mounted television dish shall exceed four feet in diameter and extend more than six feet above the height of the building to which it is attached.
(5) Other accessory uses which, in the opinion of the
Planning Board, are similar in nature and scale to those permitted
above.
D. Dimensional requirements. The dimensional requirements
for this district are specified in Schedule I, which is a part of
this chapter.
E. Special uses. The following shall be allowed as special
use in the G-B General Business District:
(1) Essential services, excluding power plants.
(2) Motor vehicle service stations, including filling
stations and auto repair shops.
(3) The following public and semipublic buildings and uses defined in §
200-10 of this chapter may be permitted in this district:
(a)
Fire, ambulance and public safety buildings.
(b)
Hospitals and nursing homes.
(5) Planned business centers.
In an L-I District no building or premises shall
be used and no building or part of a building shall be erected or
altered which is arranged, intended or designed to be or used, in
whole or in part, for any uses except as specified herein.
A. Purpose. The purpose of the L-I Light Industrial District
is to provide for the establishment of industrial uses essential to
the development of a balanced economic base in an industrial environment
and to regulate such development so that it will not be detrimental
or hazardous to the surrounding community and to the general health,
safety and well-being of Cuba Village.
B. Permitted principal uses. The following shall be permitted
principal uses in the L-I Light Industrial District:
(1) Any use of a light industrial nature is permitted
which involves only the processing, assembly, compounding or packaging
of previously prepared or refined materials, provided that at no time
shall such use result in or cause:
(a)
Dissemination of dust, smoke, smog, observable
gas, fumes or odor or other atmospheric pollution, objectionable noise,
glare or vibration that will be evident beyond the property line.
(b)
Hazard of fire or explosion or other physical
hazard to any adjacent building or any land area adjacent to the site
of the use.
(c)
Violation of applicable standards or regulations
adopted and enforced by any federal, state, county or Village environmental
or health agency or legislative body. Violation of such standards
shall result in the revocation of an existing certificate of occupancy
and/or certificate of compliance and the immediate cessation of operations.
The correction of the violation and new certificates shall be a prerequisite
to the resumption of such industrial operations.
(2) The following uses are indicative of those which are
intended to be permitted:
(a)
Manufacture of machinery such as cash registers,
sewing machines, typewriters, calculators and other office machines.
(b)
Fabrication of metal products such as baby carriages,
bicycles, metal foil, tin, aluminum, gold, etc., metal furniture,
musical instruments, sheet-metal products and toys.
(c)
Fabrication of paper products such as bags,
book bindings, boxes and packaging materials, office supplies and
toys.
(d)
Fabrication of wood products such as bolts,
boxes, cabinets and woodworking, furniture and toys.
(e)
Food and associated industries such as bakeries,
bottling of food and beverages, food and cereal mixing and milling,
food processing, food sundry manufacturing, ice cream manufacturing
and manufacturing of spirituous liquor.
(f)
The warehousing or storage of goods and products
such as building materials, farm supplies and the like, which may
be sold from the premises to the general public. The bulk storage
of fuel for resale is specifically excluded from the intent of the
above.
(3) Office buildings for executive, engineering and administrative
purposes.
(4) Scientific or research laboratories devoted to research,
design and/or experimentation and processing and fabricating incidental
thereto.
(5) The compounding and processing of pharmaceutical and
cosmetic products.
(6) Building supply and farm equipment stores.
(7) Agribusiness uses, including the processing of farm
products.
(8) Commercial storage buildings.
(10)
Motor vehicle service stations, including filling
stations and auto repair shops.
[Added 8-26-1996 by L.L. No. 3-1996]
(11)
Other uses which, in the opinion of the Planning
Board, are similar in nature and scale to those permitted above.
C. Permitted accessory uses. The following shall be permitted
accessory uses in the L-I Light Industrial District:
(1) Private garages and storage buildings which are necessary
to store any vehicles, equipment or materials on the premises and
which are used in conjunction with a permitted use.
(2) Access control, off-street parking, loading and unloading facilities, fences and landscaping subject to the provisions of Article
XI of this chapter.
(3) Signs subject to the provisions of Article
XII of this chapter.
(4) Other accessory uses which, in the opinion of the
Planning Board, are similar in nature and scale to those permitted
above.
D. Dimensional requirements.
(1) The dimensional requirements for this district are
specified in Schedule I, which is a part of this chapter.
(2) When an industrial use is proposed to abut a residential
district, there shall be a buffer of not less than 50 feet between
the residential district and any activity associated with the proposed
industrial use.
[Added 8-26-1996 by L.L. No. 3-1996]
E. Special uses. The following shall be allowed as special
uses in the L-I Light Industrial District:
(1) Essential services, excluding power plants.
(4) Junkyards, subject to the provisions and requirements of Chapter
120, Junkyards, of the Cuba Village Code.
(5) Adult bookstores and adult entertainment establishments subject to the requirements and provisions of §
200-35G.
F. Other provisions and requirements for uses in the
L-I Light Industrial District.
(1) Residential uses shall be prohibited except for a
caretaker's residence on-site.
(2) The manufacturing of all goods, including but not
limited to the processing, assembly, compounding and packaging of
materials, shall be performed in a fully enclosed building.
(3) Incidental storage out of doors may be permitted,
provided that such materials are shielded from view from public streets
and adjacent residential districts by fencing, landscaping or other
appropriate measures determined by the Planning Board.
(4) Each use shall provide truck loading and unloading
areas in an amount sufficient to permit the transfer of goods and
products in other than a public street, off-street parking area or
front yard.
(5) Parking areas may be located in any of the required
yard areas, provided that they are not less than 50 feet from a right-of-way
line or 20 feet from a property line.
(6) As an exception to Subsection
F(5) above, no industrial activities associated with an approved use, including off-street parking, loading or outdoor storage, shall be located within 50 feet of an adjacent residential district.
(7) The development of industrial areas shall be designed
so as to minimize the interference of electrical transmissions to
nearby properties.
G. Adult bookstores and adult entertainment establishments.
Adult bookstores and adult entertainment establishments, as defined
herein, may be approved in the L-I Light Industrial District by the
Village Board following a public hearing and provided that the standards
and provisions specified below are maintained:
(1) The proposed use shall be operated in a manner that
is consistent with the New York State Penal Law relating to exposure,
obscenity or lewdness.
(2) An adult bookstore or adult entertainment establishment
use shall not be operated within 1,000 feet of:
(a)
A church, synagogue or place of worship.
(b)
A public or private elementary or secondary
school, day care, preschool or other uses of a similar nature.
(c)
A boundary of any residential district.
(d)
A public park, municipal building or community
center.
(3) An adult bookstore or adult entertainment establishment
shall not be operated within 1,000 feet of another adult bookstore
or adult entertainment establishment or on the same lot or parcel
of land.
(4) An adult bookstore or adult entertainment establishment
shall not be operated in the same building, structure or portion thereof
containing another adult bookstore or adult entertainment establishment.
(5) For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structures as part of the premises where an adult bookstore or adult entertainment establishment is conducted to the nearest property line of the premises of any of the uses specified in Subsection
G(2)(a) through
(d) identified above or to another adult bookstore or adult entertainment establishment.
(6) All adult bookstores or adult entertainment establishments
shall be conducted in an enclosed building, regardless of location
or distance.
(7) No exterior sign shall contain any photographic or
artistic representation of the human body.
(8) All building openings, entries, windows, doors, etc.,
associated with an adult bookstore or adult entertainment establishment
shall be located, covered or screened in such a manner as to prevent
a view into the interior of the building from any public right-of-way
or adjacent property.
(9) No adult bookstore or adult entertainment use shall
be established in any building which is used, in part, for residential
purposes.
(10)
No residential use shall be established in any
building which contains an approved adult bookstore or adult entertainment
use.