A.
No building or land shall hereafter be used or occupied
and no building or part thereof shall be erected, moved or structurally
altered unless in conformity with the regulations herein specified
for the district in which it is located.
C.
No part of a yard or other open space required about
any building for the purpose of complying with the provisions of this
chapter shall be included as a part of a yard or other open space
similarly required for another building.
D.
Notwithstanding
any provision to the contrary, any and all dwellings for single-family
occupancy constructed or converted or installed in the Village of
Clyde shall contain a minimum of 1,000 square feet of living space,
excluding carports, garages, porches and nonhabitable basements and
attics. For purposes of this section, the term "living space" shall
mean the gross square footage of space that is intended for human
occupancy, which is finished with walls, floors and ceilings of materials
generally accepted for interior construction, with dimensions and
ceiling heights meeting the requirements of the Building Code, heated
by a permanently installed heating system (not a portable heater)
which generates heat sufficient to make the space suitable for year-round
occupancy, and which is directly accessible from other living areas.
[Added 4-27-2006 by L.L. No. 2-2006; amended 10-24-2018 by L.L. No. 1-2018]
E.
Residential compatibility standards.
[Added 10-24-2018 by L.L.
No. 1-2018]
(1)
The appearance of a new dwelling shall be compatible and similar
to other buildings in the immediate neighborhood. While creativity
and variation in architectural design is encouraged, the purpose of
these requirements is to ensure compatibility of infill development
with the character of nearby existing residential structures. These
residential compatibility standards shall apply only to development
of a new residential use (including attached garages, but not including
detached garages).
(2)
Residential infill development shall meet the design criteria of Subsection E(3) through (8) below, as defined by the predominant character of the existing residential block face. The block face shall consist of all residential properties along both sides of the public or private right-of-way on which the development fronts. The block face shall be measured from intersection to intersection, to the road end, or 200 feet on both sides of the street and in either direction from the development site, whichever is nearest.
(3)
At least three of the following features in Subsection E(3)(a) through (f) must be substantially similar to the majority of the other buildings along the block face:
(a)
Roof pitch.
(b)
Roof material.
(c)
Roof overhang.
(d)
Exterior building material.
[1]
Acceptable exterior building materials shall include horizontal,
vertical, board and batten, or shingle siding, natural or simulated
brick veneer, stone or simulated stone, stucco, and log or simulated
log.
[2]
The use of concrete block, metal, plywood, unfinished precast
or poured-in-place concrete are prohibited on any residential building
facades except for basement foundation walls between the first-floor
sill plate and grade, where concrete, concrete masonry, brick, stone
or stucco is permitted.
(e)
Shape, size and alignment of windows and doors.
(f)
Front porches or porticos.
(4)
Building color.
(a)
Dwellings shall have a minimum of two different colors, not
including the roof color. Fluorescent colors shall be prohibited,
and black shall not be used as the predominant exterior color.
(5)
Building orientation on infill lots shall match the predominant orientation
of other buildings along the block face.
(6)
Unless it is the predominant existing style on the block face, flat,
unadorned roofs shall not be allowed.
(7)
Horizontal facades longer than 30 feet shall be treated to reduce
building mass and visual bulk using at least one of the following
techniques. The applicant shall demonstrate that the selected techniques
are either currently present on the block face or are not substantially
incompatible with existing development.
(8)
Building height restriction. Building heights for new infill development
shall not exceed five feet above the height of the existing abutting
dwelling(s) located on directly abutting parcels to the new infill
development, unless measures are provided to mitigate the impact of
the proposed dwelling(s). Acceptable mitigation measures may utilize
a combination of the following features in order to preserve and protect
the livability of directly abutting properties if demonstrated to
address negative impacts.
(a)
Increased setback. New buildings are to be set back from property
lines an additional one foot for every foot over the maximum height
allowed based upon the height of the directly abutting dwellings.
Where a dwelling consists of a combination of sections of varying
heights or stories, the side yard setback shall be applied to each
building section. In no case shall a building exceed the maximum height
allowed by the underlying zone.
(b)
Landscaping. Landscaping and fencing that will screen and buffer
the impacts of the new development from immediately abutting properties.
Increased setback is intended to be the primary method used to mitigate
negative impacts between structures. Landscaping (screening and/or
plan materials) may be approved by the Planning Board as an adequate
measure of mitigation on a case-by-case basis, depending on the specific
development proposal.
F.
Cannabis-related land use.
[Added 11-27-2021 by L.L.
No. 2-2021]
(1)
Cannabis-related land uses; including, but not limited to: i) agricultural
(growing, harvesting); ii) Industrial (hemp processing, oil extraction,
product manufacturing); iii) commercial (vape shops, retail CBD stores,
hemp product stores, hookah bars), shall be permitted wherever similar
non-cannabis-related occupancies are allowed, subject to the restrictions
provided herein. Exception: Cannabis-related uses shall not be permitted
as home occupations or no-impact, home-based businesses under any
circumstances.
(2)
Cannabis-related land uses shall be restricted as follows:
(a)
No more than one cannabis-related land use shall be located
on any lot or within one block face of any other cannabis-related
land use. The "block face" shall be defined as all properties along
both sides of any public or private right-of-way on which the cannabis-related
land use abuts. The block face shall be measured from intersection
to intersection, to the road end, or 200 feet on both sides of the
street and in either direction from the cannabis-related land use,
whichever is nearest.
(b)
No cannabis-related land use shall be located within 200 feet
of the lot line of any existing public park, playground, school, library,
athletic field, or place of worship.
A.
Principal uses permitted:
(1)
All agricultural land uses, buildings and activities,
provided that no storage of manure or any other odor or dust-producing
substance be permitted within 150 feet of any property line.
(2)
Nurseries and greenhouses.
(3)
Single-family dwelling, including manufactured homes
in accordance with Appendix C[1] of this chapter.
[Amended 7-9-1998 by L.L. No. 5-1998; 4-27-2006 by L.L. No.
2-2006]
[1]
Editor's Note: Appendix C is included at the end of this chapter.
(4)
Professional offices.
[Added 5-7-1998 by L.L.
No. 2-1998]
(5)
Churches
and parish houses and convents.
(6)
Public parks and public playgrounds.
(7)
Governmental buildings and uses, including police
and fire stations and schools.
(8)
Signs, advertising subject to the restrictions hereinafter
provided.
B.
Permitted accessory uses:
(1)
Home occupations, professions and trades.
(2)
Private garages and parking areas.
(3)
Signs.
(4)
Off-street parking and loading.
(5)
Roadside stands for the sale of products produced
on the premises.
(6)
Accessory farm buildings.
(7)
Other accessory uses and structures customarily appurtenant
to a principal permitted use.
C.
Uses requiring a special permit:
D.
Minimum lot areas: 15,000 square feet.
E.
Minimum lot dimensions: width 90 feet; depth 125 feet.
F.
Maximum building height: in stories 2 1/2; in
feet 35.
G.
Minimum yards:
(1)
Minimum front yards: 50 feet, except those existing
side of streets where there are a majority of the principal structures
fronting on the same street are closer. The minimum front yard depth
shall be equal to the average of the setbacks of the majority of the
principal structures on the same block. In the case of a corner lot,
there shall be provided on each street a yard setback equal to the
depth for the required front yard for that street.
[Amended 9-5-1996 by L.L. No. 5-1996]
(2)
Rear: 40 feet.
(3)
Side: 30 feet total of two, neither one of which shall
be less than 10 feet.
H.
Maximum lot coverage: 25%.
I.
No gasoline service station is permitted within the
district.
A.
Principal permitted uses:
(1)
Single-family dwellings, including manufactured homes
in accordance with Appendix C[1] of this chapter.
[Amended 7-9-1998 by L.L. No. 5-1998; 4-27-2006 by L.L. No.
2-2006]
[1]
Editor's Note: Appendix C is included at the end of this chapter.
(2)
Two-family dwellings, including modular homes in accordance
with Appendix C of this chapter.
[Amended 4-27-2006 by L.L. No. 2-2006]
(3)
Professional
offices.
[Added 5-7-1998 by L.L.
No. 2-1998]
(4)
Churches, parish houses and convents.
(5)
Public parks and public playgrounds.
(6)
Public schools and private schools.
(7)
Governmental buildings and uses and public libraries.
(8)
Funeral homes and mortuaries.
[Added 6-1-2002 by L.L. No. 3-2002]
D.
Minimum lot area: 10,000 square feet.
E.
Minimum lot dimension: width 70 feet; depth 100 feet.
F.
Maximum building height: in stories three; in feet
40.
G.
Minimum yards:
(1)
Minimum front yards: 25 feet, except those existing
side of streets where there are a majority of the principal structures
fronting on the same street are closer. The minimum front yard depth
shall be equal to the average of the setbacks of the majority of the
principal structures on the same block. In the case of a corner lot,
there shall be provided on each street a yard setback equal to the
depth for the required front yard for that street.
[Amended 9-5-1996 by L.L. No. 5-1996]
(2)
Rear: 20 feet.
(3)
Side: 10 feet each.
H.
Maximum lot coverage: 30%.
I.
Minimum off-street parking spaces: two for each family
housed in any dwelling.
[Added 6-1-2002 by L.L. No. 3-2002]
A.
Application. The following regulations shall apply
in all Planned Development Districts, which may be created to enable
the unified development of a substantial land area with such combination
of structures and uses as shall be appropriate to an integrated plan
for the area.
B.
Uses permitted. In a Planned Development District,
land and buildings may be used for any purpose or purposes permitted
elsewhere in this chapter, whether such are permitted principal uses,
permitted accessory uses, or uses permitted upon issuance of a special
permit.
D.
District regulations. In a Planned Development District,
the lots and structures shall strictly conform to all dimensions,
locations and regulations designated upon the development plan as
accepted or modified by the Village Board in transferring an area
to the district.
E.
Procedure for establishment of a Planned Development
District:
(1)
Application. Application for the establishment of
a Planned Development District shall be filed with the Village Clerk,
on forms prescribed by the Code Enforcement Officer.
(2)
Referral to Planning Board. Within 30 days of the filing of the application of a Planned Development District with the Village Clerk, the Village Board of Trustees shall refer the application to the Village Planning Board for a report. Only after receipt of such report may the Village Board of Trustees consider the application for a Planned Development District. In the event that the Village Planning Board does not act within 30 days after such referral and any extensions thereof, granted by the Village Board for good cause shown, the Village Board may consider the application in the absence of the Village Planning Board's report. The Village Planning Board shall appropriate opinions from all governmental departments that may be involved and shall not render a decision until receipt of their written recommendations. Any receipt of their written opinion that is not received within 30 days of the request therefor, or any extension within which to submit such written opinion, then the Village Planning Board shall consider the agency failing to submit a written opinion as having no opinion upon the subject matter requested. All actions requiring review by the Wayne County Planning Board shall be referred to the Wayne County Planning Board under §§ 190-75 and 190-76 of this chapter.
(3)
Requirements of the Planning Board. The Village Planning Board may require the applicant to furnish such preliminary drawings and specifications as may be required for an understanding of the proposed development, and shall review the proposed site plans in accordance with § 190-34 of this chapter (Uses requiring site plan review).
(4)
Approval of the Planning Board. Within 30 days of
the referral or any extension thereof, the Village Planning Board
shall approve, approve with modifications, or disapprove such application
and shall report its decision to the Village Board of Trustees.[1]
(5)
Action by the Village Board. Upon receipt of a report
from the Planning Board, or in not less than 60 days, or any extension
or extensions thereof, after referral of the request for the establishment
of a Planned Development District to the Planning Board, in the event
the Planning Board fails to act, the Village Board may arrange for
a public hearing as required by the Village Law for a change in the
Zoning Map, and the Village Board, after public hearing, may amend
the Zoning Map so as to provide for the Planned Development District.
(6)
Effect of Village Board approval of a Planned Development
District. The effect of granting permission for the establishment
of a Planned Development District by the Village Board shall be limited
to the specific proposal presented for approval within the area designated,
and according to the plans and specifications submitted. If, after
the passage of one year from the date of approval of a Planned Development
District, construction has not started, the approval given under the
terms of this section shall be revoked and the land returned to the
classification which it held prior to any action consummated pursuant
to the provisions of this section.
F.
Development plan. The Village Planning Board may recommend
approval of a proposal for a Planned Development District designation
upon findings that the plan, considering the structures, uses, regulations
and layout comprises:
(1)
An area of at least 15 acres; or which, if less than
15 acres, is of sufficient acreage to constitute a large planning
unit having special attributes for integrated development.
(2)
An appropriate development of the area, in view of
its natural features, location and suitability for particular uses.
(3)
A combination of structures and uses which are in
reasonable association and proportion to make a harmonious unit and
likely to continue to be compatible with one another.
(4)
A project adequately serviced by the necessary public
utilities and services, existing or proposed.
(5)
A project consistent with an appropriate development
of adjacent areas and which is not reasonably detrimental to existing
structures and uses in adjacent areas.
(6)
An appropriate evolution of the Master Plan for the
Village of Clyde.
G.
Special regulations. In approving a detailed development plan, the Planning Board may impose such regulation of yards, open spaces, lot coverage, density and height as are reasonably necessary to permit the findings required by Subsection F. Uses specified elsewhere in this chapter shall be subject to all other applicable regulations. In cases where the development plan includes residential buildings, the following requirements shall also apply:
(1)
Maximum residential density. For residential uses
the maximum density shall not be greater than 10 dwelling units per
acre.
(2)
Arrangement of buildings. Adequate provision shall
be made for light, air, access and privacy in the arrangement of buildings
to each other. Walls containing main window exposures or main entrances
shall be oriented as to insure adequate light and air exposures. Each
dwelling unit shall have a minimum of two exterior exposures. No exterior
wall shall exceed 100 feet in length unless there is a lateral of
at least 10 feet in its alignment.
(3)
Stairways and fire escapes. All stairways to the second
or higher floor shall be located inside the building. External stairways
and fire escapes shall not be located in the front of the building.
A.
Principal permitted uses:
C.
Uses requiring a special permit:
(1)
Hotels and motels.
(2)
Automobile services and filling stations.
(3)
Railway or bus passenger stations.
(4)
Assembly hall, billiard parlor and bowling alley.
(5)
Stores and shops for the conduct of any wholesale
business.
(6)
Used car sales lot.
(7)
Planned commercial development groups.
(8)
Manufactured
home parks in accordance with Appendix C[1] of this chapter.
[Added 4-27-2006 by L.L. No. 2-2006]
[1]
Editor's Note: Appendix C is included at the end of this chapter.
D.
Minimum lot area: 2,000 square feet.
E.
Minimum lot dimension: width 20 feet.
F.
Maximum building height: in stories four; in feet
50.
G.
Minimum front yards: 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 minimum front
yard depth shall be equal to the average of the setbacks of the nearest
such structures on each side, or to the average of such set back and
50 feet, if there is such a structure only on one side, 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.
H.
Maximum coverage: 80%.
I.
Minimum off-street parking spaces: as hereinafter
required.
J.
Minimum off-street loading: as hereinafter required.
[Added 5-15-1997 by L.L. No. 5-1997;
amended 5-7-1998 by L.L. No. 2-1998; 10-18-1999 by L.L. No. 3-1999]
A.
This zone
shall follow these provisions:
(1)
To
build a cohesive, similar theme to evoke the Old Erie Canal and promote
the historic integrity of the Village’s Commercial District.
(2)
To
guide the rehabilitation and construction of the Commercial District
in a manner which allows for the individuality of business owners,
yet promote a consistent positive image of the overall streetscape,
including but not limited to buildings, signs, awnings, landscaping
and street furniture.
(3)
To
encourage restoration or renovation effects which will return portions
or features of building to its original design in a practical and
business friendly manner.
B.
This zone shall include:
(1)
Glasgow Street (both sides) from the south end of
Glasgow Street to the municipal parking lot entrance on the east side
and from the south end of Glasgow Street to and including 128 Glasgow
Street on the west side of Glasgow Street.
(2)
Columbia Street (both sides) from Glasgow Street to
Sodus Street.
(3)
Sodus Street east side from Columbia Street to South
Park Street.
(4)
South Park Street south side from Sodus Street to
Glasgow Street.
(6)
North
Park Street corner of North Park and Glasgow Streets.
C.
Principal permitted uses:
(1)
All structures shall have a store front or professional
office on the first floor. Upper floors shall be permitted to be used
for businesses and/or dwelling units.
[Amended 4-27-2006 by L.L. No. 1-2006]
(2)
Dwelling units shall be permitted to have one, two,
three, or four bedrooms.
[Amended 4-27-2006 by L.L. No. 1-2006]
(3)
For new construction and conversions, not more than
a total of four bedrooms or sleeping areas shall be permitted within
any building. Preexisting dwelling units shall conform to the Property
Maintenance Code of New York State.
[Amended 4-27-2006 by L.L. No. 1-2006]
(4)
The maximum occupancy of dwelling units shall otherwise
conform to the Property Maintenance Code of New York State.
[Amended 4-27-2006 by L.L. No. 1-2006]
(5)
Storefronts as principal permitted uses are limited
to stores and shops for the conduct of any retail business, banks,
offices, theaters, restaurants and similar community services.
(6)
Storefronts must be maintained in their original style
and/or restored to their earlier style.
(7)
Any exterior color or color scheme shall be consistent
with the theme of "Clyde on the Erie" with a commercial area consistent
with the early 1900s and shall be approved by the Planning Board.
(8)
Any floors deemed unsuitable for occupancy shall have
closed shutters to cover the windows.
(9)
Windows shall be maintained consistent with the above theme and no signs, designs, photos, light source, sound speakers or any other object shall be allowed to be placed in nor protrude from any windows except as specified in § 190-54E(1).
E.
Uses requiring a special permit:
F.
Minimum lot area: 2,000 square feet.
G.
Minimum lot dimension: width 20 feet.
H.
Maximum building height: in stories three; in feet
35.
I.
Minimum front yards: 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 minimum front
yard depth shall be equal to the average of the setbacks of the nearest
such structures on each side, or to the average of such set back and
50 feet, if there is such a structure only on one side, 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.
J.
Maximum coverage: 80%.
K.
Minimum off-street parking spaces: as hereinafter
required.
L.
General provisions:
(1)
Each
building has been divided into two horizontal zones. The first and
most important zone is the pedestrian streetscape within the first
10 feet of vertical height. This zone should be strictly monitored.
The second zone includes everything above the first 10 feet of height.
This zone may be addressed under a different and more lenient time
frame.
(2)
All
effects shall be made to maintain or restore the historic character
of a building. Existing materials shall be retained wherever possible
by repairing or matching them with compatible new materials. Missing
architecture elements shall be recreated wherever feasible.
(3)
New
buildings constructed in the historic district shall conform to the
intent and spirit of the Commercial District; i.e.: "Clyde on the
Erie." This includes, but is not limited to, gas stations, laundromats,
fast-food stores, convenience stores, video stores, and similar occupancies.
Applicants shall demonstrate conformance with these guidelines to
the Planning Board before approval is given for construction or reconstruction.
New structures shall evoke, through style, color, materials and texture,
the theme.
M.
Primary
façade:
(1)
The
primary facade shall not be covered or screened with materials, which
obscure any of the building’s original materials and details.
(2)
Different
architecturally styled buildings shall be renovated such that each
conforms to its own unique architectural style. For example, different
architecturally styled buildings should not be painted the same color
in order to make them appear homogenous.
(3)
It
is recommended to restore any features of a facade or roof where feasible.
Removal of stucco parging, and asphalt shingle siding where encountered,
is recommended; remove paint chemically without sandblasting.
(4)
Reveal
original brick whenever possible. Where brick is considered for use,
use molded brick to resemble existing adjacent brick units. Never
sandblast brick since it removes the water-resistant glaze.
(5)
Do
not use contemporary, manufactured wrought iron (open design) porch
columns or plain four inches by four inches treated porch columns,
as they are not in keeping with the historical context. Use fiberglass
or wood Doric, Ionic or Corinthian columns as appropriate for the
historic building style.
(6)
Do
not apply Texture 1-11 plywood, aluminum, plastic, applied flagstones,
sheet metal, vinyl, or other inappropriate material to a historic
building.
(7)
Do
not cover or destroy original architectural features, including but
not limited to metal columns and storefronts, cornices, brick dentils,
original transom window openings, brick, etc.
(8)
Encourage
the display of historic, period artifacts to help inculcate a sense
of theme and place.
N.
Color
of exterior finish, such as paint:
(1)
Use
approved Commercial District colors, such as the primary colors of
blue, green, mauve, and beige, which evoke the "Clyde on the Erie"
theme. Secondary historic colors, such as white, light brown, gray,
red and black may be used. Nonconforming corporate colors painted
on buildings, pumps and pavilions will not be allowed. An application
for a special permit may be submitted for consideration. Refer to
Appendix A and its attached brochure, which represents the approved
colors for the Commercial District.[4]
[4]
Editor's Note: Appendix A is on file in the Village office.
(2)
Color
schemes on block buildings shall be consistent across the entire front
facade.
(3)
Do
not leave wood unpainted, especially pressure-treated lumber.
(4)
Each
building should be appreciated for its own style; do not paint or
construct exterior finishes of differently architecturally styled
buildings the same color in order to make them appear the same.
O.
Windows/doors:
(1)
Wherever
feasible, windows and doors shall be maintained in their original
size, shape, configuration and material.
(2)
Replacement
windows may be clad wood windows that contain thermopane glass conforming
to the NYS Energy Code. The use of applied glass dividers provided
by most manufacturers is encouraged to resemble smaller panes where
appropriate.
(3)
Use
gray, clear glass for all windows; tinted glass is not allowed.
(4)
Do
not use exterior mounted storm windows; use interior type storm windows
when remodeling.
(5)
Shutters
of wood or other materials will be allowed if they are aesthetically
pleasing. All shutters shall have the appearance of wood-like material.
(6)
Any
floors deemed unsuitable for occupancy shall have closed shutters
to cover the windows; do not paint over second and third story windows.
Either restore windows or provide closed wood shutters; shutters should
be operable.
(7)
Avoid
ranch-type, modern style exterior doors and screen doors. Paneled
hollow metal insulated doors may be used; install paneled exterior
wood doors with half-light glass in keeping with the original doors.
(8)
It
is recommended to provide a rear customer entrance to any commercial
establishment whenever feasible.
(9)
In-filling
a window and door opening may be considered so long as in-fill material
matches the exterior wall material in type, color and size.
P.
Awnings.
(2)
Any
awnings on the secondary facade shall match in color and shape to
any awning installed on the primary facade.
(3)
When
feasible, awnings may have the building’s name and/or address
on them.
(4)
The
use of shed type awnings is encouraged to unify the pedestrian streetscape
where modern buildings abut older buildings. All awnings should project
out from the building the same dimension as the next building. In
no case shall the awning project out more than eight feet from the
building. Awnings shall be canvas, or resemble canvas, not plastic.
(5)
The
fabric and shape of the awning shall be historically consistent with
the building type and style. Barrel type awnings should be avoided.
Q.
Signs:
(1)
Colors
of signs shall be historically appropriate to the building’s
type and style. It should also compliment the facade color of the
building.
(2)
Signs
should not normally contain more than three different colors.
(3)
Avoid
plastic, backlighted store signs. Use carved solid wood signs or painted
signs suspended from or flush mounted on the building. Light from
above onto the sign is recommended. Lettering styles should be in
keeping with historic lettering types, such as Times Roman lettering,
shadowed, raised or painted; no plastic letters.
(4)
Signs
on awning valances are encouraged.
(5)
Lettering
should be compatible with the style of the building.
(6)
Messages
should be brief and as simple as possible.
(7)
Signs
shall be made of historically appropriate material.
(8)
Signs
shall not be internally illuminated. Any illumination used shall be
external and directed downward toward the sign.
(9)
Neon
window signs shall not be permitted except in Modern Broad Front,
Art Deco and any post 1950s where they shall be limited to two square
feet.
R.
Other
guidelines and recommendations:
(1)
Utilize
lighting fixtures consistent with the theme. Avoid colonial carriage
lights; Clyde was founded 50 years after the colonial era ended. (The
only colonial building in Clyde is the Blockhouse.) If in doubt, use
a simple global fixture. A gaslight era type fixture is more appropriate
for Clyde.
(2)
All
vacant lots must be level, clean and empty.
(3)
Chain
link fences are not allowed; use simple wood fencing or vertical wrought
iron style pickets.
(4)
Gates
shall be simple, utilitarian design and not detract or dominate from
the building’s features and details.
(5)
Where
feasible, provide handicapped accessibility to Commercial District
buildings. All new structures shall be handicapped accessible.
(6)
Sidewalks
shall continue over driveways or shall be properly designated as pedestrian
right-of-way, such as painted lines.
(7)
All
central HVAC systems, dumpsters, garbage receptacles, fuel tanks and
other similar equipment located at ground level should be screened
from adjoining properties and rights-of-way by an opaque-type fence
or shrubbery/tree (evergreen) wall not less than four feet in height,
or be located in an enclosed structure.
[1]
Editor's Note: See also Appendix B, Zoning Incentives for
Development in C-2 District, which is included at the end of this
chapter.
A.
Principal permitted uses:
(1)
Lumber, building materials and other similar storage
yards but not salvage or junkyards.
(2)
Manufacturing, business, storage or wholesaling activities
which do not usually constitute a fire or explosive hazard or emit
smoke, glare, noise, odor or dust or in other ways constitute a nuisance
or be detrimental to neighboring properties defined as follows:
(a)
Noise. It shall constitute a nuisance for any
person, firm or corporation to permit the emission of measurable noises
as measured at the individual property lines to exceed 70 decibels
during the periods between 6:00 a.m. and 10:00 p.m. or 60 decibels
during the periods between 10:00 p.m. and 6:00 a.m., except that if
the sound level exceeds these established levels for a period not
to exceed six minutes in any 60 minutes and then does not exceed these
established levels by more than 10%, a nuisance shall not be deemed
to exist.
(b)
Smoke. It shall constitute a nuisance for any
person, firm or corporation to permit the emission of smoke from any
source whatever of a density equal to or greater than that density
described as No. 2 on the Ringelmann Chart as published by the United
States Bureau of Mines, except that if the density of smoke exceeds
that described as No. 2 on the Ringelmann Chart for a period not longer
than four minutes in any single period of 60 minutes, a nuisance shall
not be deemed to exist.
(c)
Odor. It shall constitute a nuisance for any
person, firm or corporation to permit the emission of any odor that
as measured at the individual property line offensively affects the
sense of smell.
(d)
Particulate matter. The rate of emission of
particulate matter from all manufacturing processes within the boundaries
of any lot shall not exceed a net figure of two pounds per hour per
acre, of which no more than 10% by weight of particles larger than
44 microns (325) measured shall be allowed.
(e)
Noxious gases. It shall constitute a nuisance
for any person, firm or corporation to permit or cause the escape
of such a manner and concentration as to endanger the health, comfort
and safety of any person or cause to have a tendency to cause injury
or damage to property, business or vegetation.
(f)
Glare. It shall constitute a nuisance for any
person, firm or corporation to permit the edge of the beam of any
artificial light source to cross the boundary line of the lot on which
this light source is situated. For this purpose the edge of the beam
is defined as the surface at which this intensity of light does not
exceed 10% of the luminescence of the center of the beam.
