Village of West Carthage, NY Zoning Districts

Industrial, water-related.

Area, yard and height requirements. In Floodplain Districts, development permits for the construction of structures may be granted by the Planning Board in accordance with the procedures of Article VII.

Required lot area. Lots shall be not less than 15,000 square feet in area. The minimum lot width at the front of the building shall be not less than 90 feet.

Percentage of lot coverage. All buildings, including accessory buildings, shall cover not more than 20% of the area of the lot.

Front yards. Each lot shall have a front yard with a minimum depth of 50 feet.

Rear yards. There shall be a rear yard of not less than 40 feet.

Side yards. Each lot shall have two side yards, neither one of which shall be less than eight feet in width at the front and rear building lines. The total side width shall be not less than 24 feet.

Height. Dwelling shall not exceed two stories in height.

Private garage and accessory building regulations. No garage or accessory building shall be placed nearer to a side or rear property line than five feet.

[1]

Editor's Note: See also Ch. 46, Flood Damage Prevention.

§ 91-7 Conservation Districts.

Areas of the Village adjacent to Floodplain Districts which may be subject to flooding in extremely adverse situations shall be considered as buffer zones and indicated as Conservation Districts.

Within Conservation Districts, no use of land is permitted other than as permitted in Residential R-1 Districts, provided that:

No basement or underground storage of any kind is to be constructed.

The level of the first floor should be at least two feet above the elevation of the one-hundred-year flood, as defined by the Federal Insurance Administration and its official Flood Insurance Rate Maps, as revised.

The fill so placed to support the structure shall be highly compacted and adequately protected by riprap or other suitable means to protect the embankment against flooding.

Area, yard, and height requirements. In Conservation Districts, all structures and uses shall be subject to the following regulations.

Required lot area. Lots shall be not less than 15,000 square feet in area. The minimum lot width at the front of the building shall be not less than 90 feet.

Percentage of lot coverage. All buildings, including accessory buildings, shall cover not more than 20% of the area of the lot.

Front yards. Each lot shall have a front yard with a minimum depth of 50 feet.

Rear yards. There shall be a rear yard of not less than 40 feet.

Side yards. Each lot shall have two side yards, neither one of which shall be less than eight feet in width at the front and rear building lines. The total side width shall be not less than 24 feet. No building shall be constructed less than 15 feet from the line that denotes the elevation of the one-hundred-year flood.

Height. Dwellings shall not exceed two stories in height.

Private garage and accessory building regulations. No garage or accessory building shall be placed nearer to a side or rear property line than five feet except when such building will be within 15 feet of the line that denotes the elevation of the one-hundred-year flood.

§ 91-8 Residential R-1 Districts.

In Residential R-1 Districts, only the following buildings, structures and uses shall be permitted:

Single-family dwellings and their accessory uses and buildings.

Public library.

Parks, recreation facilities for public use.

Other uses subject to a special permit approved by the Planning Board are as follows:

Public, parochial and private schools.

Neighborhood grocery stores.

Churches.

Essential services.

Bed-and-breakfast.

[Added 4-11-2011 by L.L. No. 2-2011]

Area, yard and height regulations. In Residential R-1 Districts, all structures and uses shall be subject to the following regulations:

Required lot area. Lots shall be not less than 15,000 square feet in area, and the minimum lot width at the front building line shall be 90 feet.

Percentage of lot coverage. All buildings, including accessory buildings, shall cover not more than 20% of the area of the lot.

Front yards. Each lot shall have a front yard with a minimum depth of 50 feet, except that if there are principal structures fronting on the same street within 300 feet of either or both of the side lines of the lot, the front yard depth shall be equal to the average of the setbacks of the nearest of such structures on each side or to the average of such setback and 50 feet if there is such a structure on one side only, but not less than 20 feet in any case. In the case of a corner lot, there shall be provided on each street a yard equal in depth to the required front yard depth on such street.

Rear yards. There shall be a rear yard not less than 40 feet deep.

Side yards. Each lot shall have two side yards with a total width of not less than 22 feet, neither one of which may be less than eight feet in width at the front and rear building lines. When a lot less than 70 feet in width exists in separate ownership on the date of the enactment of this chapter, the total width of the two side yards may be reduced by one foot for each foot of lot width less than 70 feet, but not to a total width of less than 12 feet. When the total side yard width becomes less than 16 feet, the two side yards shall be of equal width.

Height. Dwellings shall not exceed two stories in height.

Private garage and accessory building regulations. No garage or accessory building shall be placed nearer to a side or rear property line than five feet, and for each foot the height of such building exceeds 15 feet, the offset from the side and rear property lines shall be increased by one foot. No detached garage or other outbuilding shall be constructed nearer the front property line than the front of the main building as located on the lot, or, in the case of a corner lot, nearer to the side street line than a distance equal to half the width of the lot. Where a garage is constructed as a structural part of a dwelling, it may extend into an interior side yard, required under this chapter, for a distance not to exceed three feet.

§ 91-9 Residential R-2 Districts.

In Residential R-2 Districts, only the following buildings, structures and uses shall be permitted:

Single-family dwellings and their accessory uses and buildings.

Two-family dwellings and their accessory uses and buildings.

Parks, recreational facilities for public use.

Public library.

Other uses subject to a special permit approved by the Planning Board are as follows:

Public, parochial and private schools.

Neighborhood grocery stores.

Churches.

Essential services.

Bed-and-breakfast.

[Added 4-11-2011 by L.L. No. 2-2011]

Area, yard, and height regulations. In Residential R-2 Districts, all structures and uses shall be subject to the following regulations:

Required lot area. Lots shall not be less than 9,600 square feet, and the minimum lot width at the front building line shall be 75 feet. For two-family dwellings, the required lot area shall not be less than 18,000 square feet and the minimum lot width shall be 100 feet.

Percentage of lot coverage. All buildings, including accessory buildings, shall cover not more than 25% of the area of the lot.

Front yards. Each lot shall have a front yard with a minimum depth of 40 feet, except that if there are principal structures fronting on the same street within 300 feet of either or both of the side lines of the lot, the front yard depth shall be equal to the average of the setbacks of the nearest of such structures on each side or to the average of such setback and 40 feet if there is such a structure on one side only, but not less than 20 feet in any case. In the case of a corner lot, there shall be provided on each street a yard equal in depth to the required front yard depth on such street.

Rear yards. There shall be a rear yard not less than 40 feet deep.

Side yards.

Each lot shall have two side yards with a total width of not less than 16 feet, neither one of which may be less than six feet in width at the front and rear building lines. When a lot less than 60 feet in width exists in separate ownership on the date of the enactment of this chapter, the total width of the two side yards may be reduced by six inches for each foot of lot width less than 60 feet, but not to a total width of less than 10 feet. When the total side yard width becomes less than 12 feet, the two side yards shall be of equal width.

For two-family dwellings the total width of the two side yards shall be increased by 10 feet, neither one of which may be less than 10 feet in width at the front and rear building lines.

Height. Dwellings shall not exceed two stories in height.

§ 91-10 Residential R-3 Districts.

In Residential R-3 Districts, only the following structures and uses shall be permitted:

Multiple-family dwellings if the structure or structures contain more than two dwelling units.

Single-family dwellings if such project contains five or more contiguous lots.

Mobile home parks.

Parks, recreational facilities for public use.

Fire protection and other essential services.

Other uses subject to a special permit approved by the Planning Board are as follows:

Public, parochial and private schools.

Neighborhood grocery stores.

Churches.

Individual mobile homes.

Essential services.

Area, yard, and height regulations. In Residential R-3 Districts, all structures and uses shall be subject to the following regulations:

Required lot area. Lots for single-family dwellings, shall not be less than 9,600 square feet, and the minimum lot width at the front building line shall be 75 feet. For two-family dwellings, the required lot area shall not be less than 18,000 square feet and the minimum lot width shall be 100 feet. Lots for multifamily dwellings shall not be less than 58,000 square feet. Maximum density shall not exceed 10 dwelling units per gross acre.

Percentage of lot coverage. All buildings, including accessory buildings, shall cover not more than 25% of the area of the lot.

Rear yards. There shall be a rear yard not less than 40 feet deep.

Side yards.

For two-family dwellings, the total width of the two side yards shall be increased by 10 feet, neither one of which may be less than 10 feet in width at the front and rear building lines.

For multifamily dwellings, each side yard shall be 25 feet and the distance between structures shall be 25 feet.

Height. Height of structures shall be restricted to 2 1/2 stories, and to ensure adequate provisions for light and air, all buildings or structures other than single- and two-family dwellings shall not extend above any of the planes rising upward over the lot from the front and rear property lines and from each of the side property lines, which planes are inclined at a slope of one foot vertically for each one foot horizontally.

§ 91-11 Central Business Districts.

Central Business Districts indicated on the Zoning Map are, for the most part, those areas of the Village on Bridge Street in the general vicinity of the Main Street intersection. The area east of Bridge Street and north of South Main Street to the Pleasant Lake Creek extension is also zoned Central Business District. Business districts are those areas where certain commercial activities occur which are not adjacent to a main arterial highway. In Business Districts, only the following structures and uses shall be permitted:

[Amended 8-15-2011 by L.L. No. 3-2011]

Retail stores, shops, banks, business offices, personal service establishments, mortuaries and undertaking establishments.

Apartments contained in business structures.

Other uses subject to a special permit approved by the Planning Board are as follows:

Restaurants, bars, theaters, and recreational establishments operated for profit.

Gas stations.

Private clubs.

Multiple-family dwellings.

Essential services.

Area, yard, and height regulations. In Central Business Districts, all structures and uses shall be subject to the following regulations:

Minimum lot size. Minimum lot size shall be 12,000 square feet. Lot width shall be a minimum of 90 feet.

Percentage of lot coverage. All structures, including accessory structures, shall cover not more than 40% of the area of the lot.

Front yards. Required front yards shall be 40 feet, but there may be on-site parking in the front yard except within 10 feet of the property line.

Rear yards. Each lot shall have a rear yard not less than 20 feet in depth, except that if a lot abuts a residential district or is occupied by a structure used wholly or partly for dwelling purposes other than by one person acting as a janitor or caretaker, it shall have a rear yard not less than 40 feet in depth.

Side yards.

For structures to be used wholly or partially for dwelling purposes other than by one person acting as a janitor or caretaker, side yards shall be the same as required for Residential R-3 Districts.

For structures designed wholly for nonresidential use, the total of the two side yards shall be 16 feet minimum, with one yard as small as zero feet except, that when a lot in a Central Business District adjoins a lot in a residential district at the side, a side yard shall be provided on the residential side of the business lot, with a width not less than that of the narrowest yard required in the adjoining residential district.

Height. Height shall be restricted to two stories.

Private garages and accessory buildings. Such structures must be five feet from side and rear lot lines and comply with the front yard requirements of the principal building.

§ 91-12 Arterial Service Districts.

[Amended 8-15-2011 by L.L. No. 3-2011]

Arterial Service Districts are indicated on the Zoning Map as, for the most part, those areas of the Village on either side of Broad Street from Bridge Street to Champion Street. Uses of shared driveways will be promoted whenever possible. In Arterial Service Districts only the following structures and uses shall be permitted:

Retail stores, shops, banks, business offices, personal service establishments, mortuaries and undertaking establishments.

Pet shops, veterinary establishments.

Commercial bus facilities.

Hotel/motel.

Other uses subject to a special permit approved by the Planning Board are as follows:

Restaurants, bars, theaters, and recreational establishments operated for profit.

Fast-food establishments, convenience stores, malls, shopping centers.

Gasoline stations and automobile-related services.

Automobile sales, used-car sales facilities, sales or storage of marine uses, recreational vehicles, trailers, mobile homes, manufactured housing and agricultural implements sales.

Essential services.

(f)

Adult entertainment. (See § 91-26.)

(g)

Hotel/motel.

Area, yard, and height regulations. In Arterial Service Districts, all structures shall be subject to the following regulations:

Minimum lot size. Minimum lot size shall be 35,000 square feet, and lot width shall be a minimum of 150 feet.

Percent of lot coverage. All structures, including accessory structures, shall cover not more than 25% of the area of the lot.

Front yards. The required front yard shall be a minimum depth of 60 feet. The front yard shall be measured from the edge of the right-of-way of the main highway.

Rear yards. The minimum rear yard shall be 40 feet.

Side yards. The minimum side yard shall be 25 feet.

Height. Height of structures shall be limited to not more than two stories unless total automatic sprinkler protection, smoke vents and a minimum of 20% openings are provided in walls facing opposite buildings, in which case a maximum height of four stories is then permitted.

§ 91-13 Industrial Districts.

Industrial Districts indicated on the Zoning Map are, for the most part, those areas along the Black River from Liberty Street to the northern edge of the Village, including the industrial park bounded by Route 26 and the Twin Village Sewage Treatment Facility. Residential uses are prohibited. This Zoning Chapter provides that, in Industrial Districts, permitted structures and uses shall be by special permit only.

Industrial buildings.

Warehouses.

Offices.

Industrial retail stores, building materials stores, agricultural supply stores.

Auto repair facilities.

Drive-in theaters.

Kennels.

(8)

Construction or industrial equipment rental or sales establishments.

(9)

Rail.

(10)

Trucking firms.

(11)

Essential services.

Regulations and performance standards. In Industrial Districts, all structures and uses shall be subject to the following regulations:

Minimum lot size shall be one acre.

Percentage of lot coverage. All structures, including accessory structures, shall cover not more than 40% of the area of the lot.

Yards.

Horizontal distances between buildings shall be as follows:

	Stories	Minimum Horizontal Separation Distance (feet)
	1	25
	2	32
	3	40
	4	50

Minimum front yard shall be 50 feet. Minimum rear yard shall be 60 feet. Side yard shall be 25 feet, or 50 feet from adjacent structure.

Height. Maximum building height shall be two stories unless total automatic sprinkler protection, smoke vents and a minimum of 20% openings are provided in walls facing adjacent buildings, in which case a maximum height of four stories is then permitted.

§ 91-14 Planned Development Districts.

General intent and objectives.

From time to time, Planned Development Districts may be established in the Village and designated as specific locations on the Zoning Map. The purpose for establishing such districts is to allow compatible development of a variety of uses (e.g., residential, commercial, recreational, historical, etc.) and to vary the strict application of these regulations.

It is the intent of this Planned Development District (PDD) section to provide flexible land use and design regulations through the use of performance criteria so that small-to-large scale neighborhoods or portions thereof may be developed within the Village that incorporate a variety of residential types and nonresidential uses and contain both individual building sites and common property which are planned and developed as a unit. Such a planned unit is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood. This section specifically encourages residential development so that the growing demands for housing at all levels may be met by greater variety in type, design and siting of dwellings and by the conservation and more efficient use of land in such developments. Planned developments do not require a mix of residential and nonresidential uses to be considered for Planned Development District status.

This section recognizes that while the standard land use functions (use and bulk) are appropriate for the regulation of land in some areas or neighborhoods, these controls represent a type of regulatory strictness which may be detrimental to the innovative techniques of quality land development contained in the Planned Development District concept. Further, this section recognizes that a rigid set of space requirements along with bulk and use specification would frustrate the application of this concept. Thus, where PDD techniques are deemed appropriate through the rezoning of land to a Planned Development District by the Village Board, the use and dimensional specifications found elsewhere in these regulations are herein replaced by an approval process based upon the performance criteria outlined in this section, Article V and conditions prescribed by the Planning Board and the Village Board.

General requirements and review criteria. The following are a list of the requirements that a proposal must meet to be considered for PDD status:

Minimum area. The district must comprise at least 10 acres of contiguous land.

Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.

Location of PDD. The PDD shall be applicable to any area of the Village where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this section.

Permitted uses. The following are descriptions of residential and nonresidential uses permitted in the PD District. These uses may be mixed, separated or the development may accommodate only one type of use (i.e., residential or nonresidential).

Residential uses. Residences may be of any variety or type, including single-family dwellings, two-family dwellings and multiple dwellings. No mobile home will be permitted.

Accessory, commercial, business, recreational, historic, service and other nonresidential uses. Nonresidential uses shall include retail and wholesale commercial operations, theaters, places of amusement and recreation, cultural and historic facilities, public and private parks, home occupations, community facilities, restaurants, tourist facilities, marine uses. All such uses shall be in keeping with the residential character of the proposed district and adjacent areas:

[1]

The nonresidential uses of a commercial or business nature may be in separate buildings or incorporated within two-family or multifamily structures or in suitable combinations of these alternatives.

[2]

Customarily accessory or associated uses, such as private garages, storage spaces, community activities, churches and schools shall also be permitted as appropriate to the PDD.

Common property in the PDD. Common property is not required to be considered for PDD status; however, it is often characteristic of such proposals. Common property in a PDD is a parcel or parcels of land, with or without the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites. When common property exists in private ownership, satisfactory arrangements must be presented for the improvement, operation and maintenance of such common property and facilities, including private street, drives, service and parking areas and recreational and open space areas.

The Planning Board shall use the site plan review general performance criteria as outlined in Article V as criteria for reviewing all Planned Development Districts.

Procedure. The following are procedural steps that shall be followed when applying for PDD status:

Application for establishment of a Planned Development District shall be made to the Village Board by the owner(s) of property proposed to be included in the district.

The Village Board shall refer such application to the Planning Board for consideration within seven working days of receipt of such an application.

When reviewing the application, the Planning Board shall use the site plan review procedure as outlined in Article V.

After the Planning Board's review process is complete, it shall transmit its recommendation for approval, approval with modifications or disapproval to the Village Board within 10 days.

It is the Village Board's authority to review the Planning Board recommendations and make the final decision on approval. Within 45 days of receipt of the recommendations, the Village Board must, following public notice, hold a public hearing on the proposal. The Village Board shall approve, approve with modifications or deny the rezoning after the public hearing.

If such an amendment is enacted, the permitted development must be confined to the specific designated area and adhere to the approved development plan and program. Anything different from this constitutes a violation of these regulations. The Zoning Map shall be amended to show the change and an article shall be added to this text stating the requirements approved for that specific district. Each PDD shall be numbered consecutively as part of its name.