A. 
The purpose of the R1 Residence District is as follows:
(1) 
To delineate those areas where predominantly residential development has occurred or will be likely to occur in accordance with the Village Plan.
(2) 
To improve the character of residential areas by requiring standards of land use and lot and building size which accurately reflect existing and desirable development.
(3) 
To protect the integrity of residential areas by prohibiting the intermixture of incompatible nonresidential uses.
B. 
In any R1 District, no building or premises shall be used and no building shall hereafter be erected or altered except for one or more of the following uses:
(1) 
Uses permitted.
(a) 
One- or two-family dwellings.
(b) 
Churches and other places of worship or religious education; convent, parish house or rectory.
(c) 
Schools and libraries, public parks and playgrounds, fire stations.
(d) 
Off-street parking for uses permitted in the R1 Residence District.
(e) 
Accessory uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business, including a private garage for use of the residents of the premises.
(f) 
Medical building.
[Added 3-29-1988]
(g) 
Private swimming pool. Private outdoor swimming pools which are accessory to a principal residential use shall be regulated as follows:
[Added 4-5-1990]
[1] 
Such pool may be erected only on the same lot with the principal structure.
[2] 
Such pool may be erected only in the side or rear yard of such structure and not less than five feet from the side or rear lot line.
[3] 
Such pool shall be surrounded by a fence at least four feet in height, with a maximum clearance to adjoining grade of two inches, to prevent inadvertent entry.
[Amended 9-9-1992 by L.L. No. 4-1992]
[4] 
Such pool shall not adversely affect the character of any residential neighborhood.
[5] 
There shall be no loudspeaker or amplifying devices allowed that project sound beyond the bounds of the lot.
[6] 
Any pool lighting or spotlighting shall be directed away from, shaded or screened from all adjacent residential property.
(2) 
The following uses, subject to approval by the Board of Appeals as a special use:
(a) 
Three- or four-family dwellings in existing structures, provided that parking lot area and residential living area requirements shall be met.
(b) 
Home occupation.
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(2)(c), Private swimming pool accessory to a residential use, was deleted 4-5-1990.
(d) 
Municipal or public utility structure.
(e) 
Funeral home.
(f) 
Cemetery.
A. 
The purpose of the RT Residence Transition District is as follows: to delineate an area or areas which are appropriate for multifamily residences or for business or professional offices, churches, institutions, public schools or public libraries.
B. 
In the RT District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses for which there shall be kept no stock-in-trade and no goods, equipment or machines shall be sold, stored or displayed:
(1) 
Uses permitted.
(a) 
R1 Residence District uses.
(b) 
Three- or four-family dwellings in existing structures, provided that parking lot areas and residential living area requirements shall be met.
(c) 
Multifamily dwellings, condominiums.
(d) 
Business or professional office.
(e) 
Customary accessory uses.
(2) 
The following uses, subject to approval by the Board of Appeals as a special use:
(a) 
Home occupation.
(b) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (b), Private swimming pool, was deleted 4-5-1990.
(c) 
Municipal or public utility.
(d) 
Funeral home.
(e) 
Nursing home.
(f) 
Group home.
(g) 
Day-care center: a structure other than a private residence licensed by the State of New York, which receives for care and supervision more than six children for more than three hours but less than 24 hours per day per child unattended by his/her parent or legal guardian.
[Added 7-28-1993 by L.L. No. 1-1993]
(h) 
Day-care facility: a structure, including a private residence licensed by the State of New York, which receives for care and supervision at least three children but not more than six children for more than three hours but less than 24 hours per day per child unattended by his/her parent or legal guardian.
[Added 7-28-1993 by L.L. No. 1-1993]
A. 
The purpose of the B1 Business District is as follows: to delineate an area where retail stores, personal services andoffices; recreational, institutional and cultural facilities; and municipal buildings and services are provided for the community.
B. 
In any B-1 Business District, no building or premises shall be used and no building shall hereafter be altered or erected except for one or more of the following uses:
(1) 
Uses permitted.
(a) 
Any use permitted in the R1 Residence District.
(b) 
Multifamily dwellings, condominium.
(c) 
Three or four-family dwellings in existing structures, provided that parking lot area and residential living area requirements shall be met.
(d) 
Business, professional and governmental offices.
(e) 
Hotels, motels, tourist homes and rooming houses.
(f) 
Retail stores.
(g) 
Retail outlets for laundry, cleaning, pressing, dyeing or similar businesses.
(h) 
Banks, including drive-in, and other monetary institutions.
(i) 
Restaurants where no alcoholic beverage is served.
(j) 
Service shops, such as barber- or beauty shop, shoe repair, tailor, photographer, optician, florist.
(k) 
Radio and television and household appliance shops.
(l) 
Tailoring, dressmaking, millinery, bakery, confectionery and similar shops, provided that all goods made or processed are sold at retail on the premises.
(m) 
Theaters, indoor.
(n) 
Billiard parlor.
(o) 
Clubs, lodges, social and recreational buildings.
(p) 
Laundromats.
(q) 
Funeral home.
(r) 
Municipal or public utility building or structure.
(s) 
Musical studios.
(t) 
Storage garages.
(2) 
The following uses, subject to approval by the Board of Appeals as a special use:
(a) 
Gasoline station.
(b) 
Public garages.
(c) 
Drive-in food services.
(d) 
Restaurant or other place serving food and alcoholic beverages, or alcoholic beverages only.
(e) 
Musical studios.
(f) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (f), Private outdoor swimming pool accessory to a residential use, was deleted 4-5-1990.
(g) 
Public outdoor swimming pool accessory to a hotel or motel.
(h) 
Marquees and canopies over a public walk or drive.
A. 
The purpose of the OD Overlay Design Review District is as follows: to encourage preservation of important business, public, semipublic and transitional residential areas of the village, including the preservation of buildings of architectural or historical importance and the appropriate and compatible location and design of new or altered structures and signs.
B. 
Jurisdiction. The design review area for buildings and structures shall be an overlay zone as delineated on the Zoning Map which is a part of this chapter.
C. 
Application. All applications for a zoning permit for all exterior construction and/or alteration or for demolition of any building, structure or sign in Overlay Design Review Districts shall be referred to the Planning Board. The Planning Board shall, in discharging its duties under this design review process, consult with such advisers as may be appropriate on a particular project, including planners, historians, architects, landscape architects and artists.
D. 
Procedures shall be as follows:
(1) 
Upon application for a zoning permit in accordance with Subsection C above, two copies of a plan shall be submitted showing the dimension of the lot, proposed bulk and height of the building, proposed elevation, description of exterior materials, landscaping and other aspects of the site plan, the size, color, lighting and lettering for any sign and such other materials as may be required by the Planning Board for its review of the project.
(2) 
The Planning Board shall review the proposal according to those requirements of lot size and dimension, required front, side and rear yard, bulk, height and location of the building, adequacy of parking and other facilities according to those regulations specified for the respective districts in Schedules A and B.[1]
[1]
Editor's Note: Schedules A and B are included at the end of this chapter.
(3) 
In addition, the Planning Board shall consider the following guidelines in determining the acceptability of the proposed project:
(a) 
Appropriateness of exterior additions and alterations to the architectural character of the existing structure and overall character of the Village.
(b) 
The exterior construction materials and color, their contribution to the appearance of the Design Review District and their relationship to adjoining uses.
(c) 
The size, location and graphics of all signs and displays.
(d) 
Site and landscaping improvements, including parking and service requirements, and their relationship to the Village Master Plan.
(4) 
The Planning Board shall, within 30 days from the date of application, make recommendation to the Village Board as to the acceptability of the plan for the area in question according to the procedure and the guidelines established herein, upon which recommendation the Village Board will authorize the Enforcement Officer to issue or deny the permit or to allow the approved proposal to be taken before the Zoning Board of Appeals for a variance or special permit, whichever is appropriate.
E. 
Existing signs.
[Added 5-14-2002; amended 5-28-2002]
(1) 
For any permanent business signs in the Overlay District, business owners will be allowed to change prices on permanent signs without prior review or approval.
(2) 
All permanent signs in the Overlay District may remain as is without further action by the Planning Board, Village Board and Zoning Board of Appeals.
A. 
The purpose of the B2 Business District is as follows: to delineate an area for commercial uses which generally require large lots, buildings and structures with appropriate access to highway transportation, and uses which are intended for service to vehicles or for nonretail commercial uses.
B. 
In any B2 Business District, no building or premises shall be used and no building shall hereafter be erected or altered except for one or more of the following uses:
(1) 
Uses permitted.
(a) 
Any use permitted in B1 District, § 200-14B(1), except that in Subsection B(1)(l), the requirement "that all goods made or processed are sold at retail on the premises" shall be eliminated.
(b) 
Printing, heating, plumbing, electrical shops and similar uses.
(c) 
Establishments for storage and sale of lumber, wood, plumbing supplies, feed, fertilizer, solid fuel and similar products.
(d) 
Automobile, recreational vehicle or farm machinery sales building.
(e) 
Garage for repair or storage of automobiles and other vehicles.
(f) 
Laundry and dry-cleaning establishments.
(g) 
Greenhouse, nursery.
(h) 
Bowling alley, dance hall, skating rink or similar place of recreation or amusement.
(2) 
The following uses, subject to approval by the Board of Appeals as a special use:
(a) 
Special permit uses as listed for B1 Business District under § 200-14B(2).
(b) 
Vehicular sales lot or parking lot for five or more vehicles.
(c) 
Drive-in service other than banking.
(d) 
Auto wash.
(e) 
Mobile home sales.
(f) 
Municipal or public utility shop or storage yard.
(g) 
Small machine shop.
[Added 7-9-1986]
A. 
The purpose of the M1 Municipal District is as follows:
(1) 
To delineate those areas best suited for industrial use because of location, transportation, topography, existing facilities and relation to other land uses.
(2) 
To preserve the integrity of the manufacturing areas by excluding uses which are incompatible with industry.
B. 
In any M1 Manufacturing District, no building shall be erected or extended and no land or building or part thereof shall be used except for any of the following purposes:
(1) 
Uses permitted.
(a) 
Any nonresidential use permitted in B2 Districts, § 200-16B(1), with the exclusion of Subsection B(1)(a).
(b) 
Industrial uses, including food processing, employing electric power or other unobjectionable motor power or utilizing hand labor for fabrication or assembly and which cause or emit no objectionable odors, fumes, dirt, vibration, glare, electrical interference or noise beyond the immediate site of the building in which such uses are conducted.
(c) 
Wholesale storage and warehouses.
(d) 
Municipal or public utility shop or storage yard.
(e) 
Food locker.
(f) 
Mobile home sales.
(2) 
The following uses, subject to approval by the Board of Appeals as a special use:
(a) 
Bulk storage of flammable liquids above ground for commercial and/or industrial purposes.
(b) 
Buildings and/or yard used by a contractor for storage and repair of heavy-duty trucks and earthmoving equipment.
(c) 
Restaurants where no alcoholic beverage is served.
(d) 
Drive-in food service.
(e) 
Auto wash, gasoline station.
A. 
Purpose. The regulations hereinafter set forth in this section are intended to provide a means for the development of a residential, business, commercial, manufacturing, recreational or park area, or a combination thereof, in a manner which will permit flexible and imaginative design concepts to be utilized and, by means of adequate supervision and control by the Board of Trustees and the Planning Board, to ensure that the spirit and intent of this Zoning Chapter will be preserved. No specific requirements with respect to minimum lot sizes within the district, lot coverage, building height, yard dimensions, off-street parking or density of residential use are made, although, so far as is practicable within the overall scheme of a planned development district, the requirements of Schedules A and B[1] of this chapter should be considered as a guide in determining reasonable requirements for compatible uses within a planned development district, except that the minimum residential living area requirements for interior space in dwelling units as established elsewhere in this chapter shall be met. No limitations upon permitted uses within the planned development district are intended to be made, nor is it intended to limit the areas within the village in which a planned development district may be created.
[1]
Editor's Note: Schedules A and B are included at the end of this chapter.
B. 
Procedure for establishment of planned development districts.
(1) 
Application for establishment of a planned development district shall be made to the Board of Trustees at a regular Village Board meeting and shall include:
(a) 
Petition for change of zoning to PD Planned Development District.
(b) 
Basic site data pertaining to the boundaries (including a metes and bounds description) of the proposed district, existing zoning, proposed residential density and residential living area for all proposed dwelling units, topography and subsoil conditions.
(c) 
A plat showing such preliminary plans as may be required for an understanding of the proposed development.
(d) 
A completed short environmental assessment form (EAF) to comply with the provisions of the State Environmental Quality Review process (SEQR).
(2) 
Creation of a PD District is an amendment of the Zoning Chapter and may therefore be subject to the State Environmental Quality Review process (SEQR). Village Board should identify the type of action the zone change is according to SEQR regulations. Depending on the size of the zone change and several other factors, it may be a Type 1 or an unlisted action. To make a decision, the Board should consult 6 NYCRR 617. If it is determined that an environmental impact statement will be prepared for the proposal in question, all time frames and deadlines are delayed until a draft environmental impact statement has been filed. An application is not complete, and therefore the review clock does not start, until a determination of no significance has been made or until a draft environmental impact statement is completed.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(3) 
Within 15 days after the receipt of such application, the Board of Trustees shall refer the application to the Village Planning Board and County Planning Department.
(4) 
The Village Planning Board shall, within 45 days or such greater period, not to exceed an additional 45 days, as the applicant may consent to in writing, after referral to it by the Board of Trustees of such application, either grant tentative approval of the application as submitted or grant tentative approval of the application subject to specified conditions not included in the application as submitted or deny tentative approval of the application. Failure of the Planning Board to act within 45 days or such longer period as may be consented to shall be deemed to be a grant of tentative approval of the plan as submitted. In the event that tentative approval subject to conditions is granted, the applicant may, within 10 days after receiving a copy of the Planning Board's decision, notify the Board of Trustees in writing of his or her refusal to accept all such conditions, in which case the Planning Board shall be deemed to have denied tentative approval of the application. In the event that the applicant does not notify the Board of Trustees within said period of his or her refusal to accept all said conditions, tentative approval of the application subject to such conditions shall stand as granted.
(5) 
In considering the application for the creation of a planned development district, the Planning Board may require such changes in the preliminary plans and specify such additional requirements as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote and protect the orderly growth and sound development of the community. In reaching its decision on the proposed development and changes, if any, in the preliminary plans, the Planning Board shall consider, among other things, the following:
(a) 
The need for the proposed land use in the proposed location.
(b) 
The existing character of the neighborhood.
(c) 
The location of principal and accessory buildings on the site in relation to one another and in relation to buildings and uses on properties adjoining the proposed district.
(d) 
The pedestrian circulation and open space in relation to structures.
(e) 
The traffic circulation features within the site, and the amount, location and access to automobile parking areas.
(f) 
The height and bulk of buildings, their relation to other structures in the vicinity and the residential living area within dwelling units.
(g) 
The proposed location, type and size of signs, driveways, loading areas and landscaping.
(h) 
The safeguards provided to prevent possible detrimental effect of the proposed use on adjacent properties and the neighborhood in general.
(i) 
Storm drainage and sanitary waste disposal in and adjacent to the area.
(j) 
The compatibility of uses proposed for such district where a combination of uses is proposed.
(6) 
The decision of the Planning Board shall be in the form of a written resolution which shall include findings of fact and shall set forth the reasons for granting or denying tentative approval, specifying with particularity in what respects the proposal contained in the application would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:
(a) 
In what respects the plan is or is not consistent with the statement of purpose set forth in Subsection A of this section.
(b) 
The extent to which the proposal departs from zoning and subdivision regulations[3] otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
[3]
Editor's Note: See Ch. 182, Subdivision of Land.
(c) 
The nature and extent of the common open space in the planned development district, the reliability of the proposal for maintenance and conservation of such open space and the adequacy or inadequacy of the amount and function of the open space in terms of the densities of residential uses and the types thereof where residential uses are proposed.
(d) 
The plat of the proposal and the manner in which such plat does or does not make adequate provision for public services, control of vehicular traffic and the amenities of light and air and visual enjoyment.
(e) 
The relationship, beneficial or adverse, of the proposed planned development district upon the neighborhood in which it is proposed to be established.
(f) 
In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect the interests of the public and the residents of the district in the integrity of the plan.
(7) 
The County Planning Department shall have 30 days from receipt of the application to complete such review as that Department deems necessary. The county review shall be advisory in nature unless referral is mandatory pursuant to General Municipal Law, in which case the county review shall have the full force of that law.
(8) 
The Planning Board resolution required by Subsection B(5) of this section and the County Planning Department review, if any, shall be filed with the Village Clerk and shall be available during regular office hours for inspection by any interested person.
(9) 
Upon the filing of the Planning Board resolution with the Village Clerk, the Board of Trustees shall, within 30 days, hold a public hearing on said proposal after giving the requisite public notice required by law.
(10) 
The Board of Trustees may thereafter amend this Zoning Chapter and Map so as to establish the proposed planned development district and define the boundaries thereof. Such action shall have the effect only of establishing a planned development district for the uses proposed by the applicant. Such amendment of the Zoning Chapter shall not constitute or imply a permit for construction or final approval of plans.
(11) 
Upon amending this Zoning Chapter so as to establish a planned development district, the Board of Trustees shall, by resolution, resubmit the application to the Planning Board for review of plans and final approval of the proposal. In passing on such application, the Planning Board may require as a condition to final approval the posting of an undertaking sufficient to assure the completion of all requirements of the Planning Board, including the dedication, maintenance and completion of all streets, easements and open space or recreational areas, creation or extension of special districts or improvement areas, construction of storm and sanitary sewers, landscaping and such other improvements as may be required.
(12) 
Within 60 days of the submission to it of a proposal for final approval, the Planning Board shall either grant such approval, grant approval subject to specified conditions or deny final approval and forthwith file its decision with the Village Clerk and notify the applicant of its decision. Thereupon within 90 days the applicant shall file with the County Clerk the final plat of any subdivision proposed and shall make application for a zoning permit or permits in accordance with the proposal as finally approved.
(13) 
No zoning permit shall be granted for the construction of any building or structure other than as approved by the Planning Board and no building or structure shall be erected at variance with the proposal as finally approved, except that a changed application may be submitted to the Board of Trustees pursuant to Subsection B(15) below.
(14) 
The applicant for final approval may appeal a Planning Board decision denying final approval or granting final approval subject to conditions with which the applicant is unwilling to comply. Such appeal shall be made to the Board of Trustees and must be made within 30 days after the Planning Board has filed its decision with the Village Clerk.
(15) 
Nothing herein shall prevent an applicant from changing the nature of the application subsequent to rezoning. However, in the event an applicant makes such changes, the changed application shall be submitted to the Board of Trustees, which body may, by resolution, resubmit to the Planning Board for review of final plans and final approval pursuant to Subsection B(10) of this section, provided that the Board of Trustees finds that the changes are minimal in their impact. If major changes are requested by the applicant, the Board of Trustees may submit the changed application to the Village Planning Board and County Planning Department for the reviews pursuant to Subsection B(4), (5) and (6) of this section or, by resolution, reject the changed application. The Board of Trustees may, after receipt and consideration of such reviews, hold a new public hearing on the proposal and may adopt a resolution resubmitting the application to the Planning Board for review of changed final plans and final approval pursuant to Subsection B(10) of this section.
(16) 
Final approval of the application shall run with the land and shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area. Approval of the application shall bind the applicant and all heirs in title or interest to constructing the project only in accordance with the application as approved.
(17) 
If construction work in the approved project is not begun within time limits specified by the zoning permit, or if any such work is not completed within the period of time specified by such permit, the Code Enforcement Officer shall so notify the Board of Trustees, Planning Board and applicant. Unless the Board of Trustees, for good cause, authorizes an extension to the time limits, final approval of the application shall then become null and void and all rights therein shall cease. The applicant shall, however, retain the right to reapply for approval pursuant to the regulations governing a changed application in Subsection B(15) of this section.
(18) 
If the applicant has not applied for a zoning permit within one calendar year from the date of final approval of the application, or if the application shall remain null and void for a period of one calendar year pursuant to Subsection B(17) of this section, the Code Enforcement Officer shall so notify the Board of Trustees, Planning Board and applicant. The Board of Trustees shall then, on its own motion, introduce a Zoning Map amendment returning the planned development district to its former zone district pursuant to this chapter.
The following additional standards and guidelines shall be used in the consideration of PM Districts:
A. 
Access to individual mobile homes shall be via internal roadways having a minimum right-of-way of 50 feet and a minimum pavement of 22 feet.
B. 
All dead ends shall have appropriate turnarounds.
C. 
Utility connections to individual mobile homes and to the village systems shall conform to applicable codes and be as approved by the Village Superintendent.
D. 
Each mobile home shall be enclosed from the floor to the ground with a metal, wood or other approved skirting, properly ventilated, within 60 days after location.
E. 
All accessory structures, freestanding or attached, such as carports, porches, ramadas, storage units and similar, shall be as located and approved by the Planning Board.
F. 
Service facilities, including laundry, storage and recreation, shall be provided on the site as approved by the Planning Board. If lots are individually owned, these facilities must be provided for each lot or by a neighborhood association or other entity satisfactory to the Planning Board.
G. 
A minimum of 10% of the project land area shall be common open space designated for recreation.
H. 
Screening and landscaping shall be required to provide a satisfactory residential environment and to prevent detrimental impact on adjacent properties.
I. 
Yards: minimum of 20 feet between buildings, and a minimum of 30 feet between buildings and a district boundary line or public street.
J. 
Building coverage: maximum 50% of any single lot.
K. 
Parking and loading: in accordance with the off-street parking and loading section of this chapter, Article VII.
A. 
The purpose of the OF Overlay Flood Area District is as follows: to delineate special flood hazard areas defined by the Federal Emergency Management Agency (FEMA) Flood Hazard Boundary Maps.
B. 
General Process. The Flood Area District is an overlay. The uses in the underlying districts are permitted, subject to Planning Board review. Upon referral of a proposed action, the Planning Board shall determine whether or not the proposal is within the one-hundred-year floodplain. This determination shall be based on the FEMA Flood Hazard Boundary Map as delineated on the Village Zoning Map as the Flood Area Overlay District, or on other recognized professional hydrologic data. If it is determined that the proposal is within the one-hundred-year floodplain, then compliance with this section is required.
C. 
Procedures for action in floodplain areas.[1]
(1) 
Review criteria. In passing upon such applications, the Board may consider all relevant factors specified in other sections of this chapter and:
(a) 
The danger to life and property due to increased flood heights or velocities caused by encroachments.
(b) 
The danger that materials may be swept onto other lands or downstream to the injury of others.
(c) 
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
(d) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(e) 
The importance of the services provided by the proposed facility to the community.
(f) 
The requirements of the facility for a waterfront location.
(g) 
The availability of alternative locations not subject to flooding for the proposed use.
(h) 
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(i) 
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
(j) 
The safety of access to the property in times of flood by ordinary and emergency vehicles.
(k) 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(l) 
Such other factors as are relevant to the purposes of this chapter.
(2) 
Standards for flood-prone area uses.
(a) 
All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment or other use may be allowed which, acting alone or in combination with existing or future uses, unduly affects the capacity of the floodplain or unduly increases flood heights. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream.
(b) 
Fill.
[1] 
Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof shall be not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials.
[2] 
Such fill or other materials shall be protected against erosion by riprap, vegetation cover or bulkheading.
(c) 
Structures (temporary or permanent).
[1] 
Whenever possible, structures shall not be designed for human habitation.
[2] 
Structures shall have a low flood-damage potential.
[3] 
The structure or structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters.
[a] 
Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and
[b] 
So far as practicable, structures shall be placed approximately on the same flood-flow lines as those of adjoining structures; and
[c] 
Structures shall be firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or river; and
[d] 
Service facilities, such as electrical and heating equipment, shall be constructed at or above the regulatory flood-protection elevation for the particular area or floodproofed.
(d) 
Storage of material and equipment.
[1] 
The storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.
[2] 
Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
(3) 
Possible conditional requirements. Upon consideration of the factors listed above and the purpose of this chapter, the Planning Board may attach such conditions to the granting of permits as it deems necessary to further the purposes of this chapter. Among such conditions, without limitation because of specific enumeration, may be included:
(a) 
Modification of waste disposal and water supply facilities.
(b) 
Limitations on periods of use and operation.
(c) 
Imposition of operational controls, sureties and deed restriction.
(d) 
Requirements for construction of channel modifications, dikes, levees and other protective measures.
(e) 
Floodproofing measures such as the following shall be designed consistent with the flood-protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces and other factors associated with the regulatory flood. The Board may require that the applicant submit a plan or document, certified by a registered professional engineer, that the floodproofing measures are consistent with the regulatory flood-protection elevation and associated flood factors for the particular area. The following floodproofing measures may be required, without limitation because of specific enumeration:
[1] 
Anchorage to resist flotation and lateral movement.
[2] 
Installation of watertight doors, bulkheads and shutters or similar methods of construction.
[3] 
Reinforcement of walls to resist water pressures.
[4] 
Use of paints, membranes or mortars to reduce seepage of water through walls.
[5] 
Addition of mass or weight to structures to resist flotation.
[6] 
Installation of pumps to lower water levels in structures.
[7] 
Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
[8] 
Installation of pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures.
[9] 
Construction to resist rupture or collapse caused by water pressure or floating debris.
[10] 
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices.
[11] 
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by the regulatory flood.
[12] 
Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will assure that the facilities are situated at elevations above the height associated with the regulatory protection elevation or are adequately floodproofed to prevent flotation of storage containers or damage to storage containers which could result in the escape of toxic materials into floodwaters.
(4) 
Nonconforming uses. A structure or use of a structure or premises which was lawful before the passage or amendment of this chapter which is located in the defined floodplain but which is not in conformity with the provisions of this section may be continued, subject to the provisions of Article VIII of this chapter and the following conditions:
(a) 
If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50% or more of its value, it shall not be reconstructed except in conformity with the provisions of this chapter. Reconstruction may be permitted, provided that adequate and safe floodproofing is completed in conformity with Subsection C(3) of this section.
[1]
Editor's Note: See also Ch. 107, Flood Damage Prevention.