Accessory structures and uses are permitted in any zoning district
in connection with any principal use lawfully existing within such
district provided they are located in the side or rear yard. No accessory
use or structure shall be established or constructed until the primary
use or structure is constructed. Accessory uses and structures deemed
to be similar in nature and appropriate by the Code Enforcement Officer
may also be allowed in the Village.
A. Permitted residential accessory uses and structures.
(1)
Detached residential accessory uses and structures
are permitted provided they meet the following requirements:
(a)
Are located in the side or rear yard only;
(b)
Are clearly incidental and subordinate to the principal
building or use by area, extent, and purpose;
(c)
Are in conformance with the height and setback restrictions
set forth within that district;
(d)
Do not cause the rate of lot coverage to exceed the
maximum rate permitted within that district.
(2)
Such detached accessory uses and structures may include,
but are not limited to:
(a)
Decks, patios, and terraces.
(b)
Detached residential garage or carport.
(c)
Child's playground or playhouse.
(d)
Nurseries, home gardens, or greenhouses.
(e)
Fallout shelters provided that they shall not be
used for any principal or accessory use not permitted in the zoning
district.
(g)
Freestanding radio antennas or dish antennas limited
to one meter or less in diameter.
(h)
Solar energy systems or green infrastructure techniques,
such as rain barrels, rain gardens, or bioswales, when located in
the side or rear yard.
(i)
Enclosed storage structures.
(3)
Attached residential garages, carports, decks and
terraces located in the side or rear yard.
(4)
Fences and walls subject to the provisions of §
95-53.9 of this chapter.
(5)
Handicapped access ramps, installed permanently, provided they are in conformance with Article
53 of this chapter and do not obstruct access to required parking.
(6)
Home occupations subject to the additional requirements specified in §
95-40.15.
(7)
Electric vehicle charging stations when located in
the side or rear yard.
B. Permitted nonresidential accessory uses and structures.
(1)
Commercial vending machines in any commercial district,
but not within the required setbacks. If located within 150 feet of
a residential district, the machine shall be screened from the residential
district.
(2)
Decks, patios, and terraces when associated with
a legal outdoor seating or assembly area.
(3)
Detached garage, but only in the rear yard.
(4)
Dish antennas two meters or less in diameter located
in the rear yard in any commercial district.
(5)
Fences and walls subject to the provisions of §
95-53.9 of this chapter.
(6)
Freestanding radio antennas located in the rear yard.
(7)
Parking lots and parking areas, including electrical vehicle charging stations, subject to the provisions of Article
51 of this chapter.
(8)
Solar energy systems located in the rear yard.
(9)
Wind energy conversion systems located in the rear yard, subject to site plan approval (Article
62).
(10)
Green infrastructure techniques, such as rain barrels,
rain gardens, or bioswales.
(11)
Temporary outdoor display of retail merchandise subject to the requirements for outdoor displays set forth in §
95-40.18.
(12)
Walkup service windows facing any public right-of-way
when accessory to a permitted retail sales and service use.
(13)
Permanently installed handicapped access ramps when located in the side or rear yard, provided that the ramp is in conformance with Article
53 of this chapter and does not obstruct access to required parking.
(14)
Vehicular wheelchair lifts when located so as not
to block windows, force the enclosure of an open front porch, or obstruct
access to required parking.
C. Prohibited accessory uses and structures. The outdoor placement
of accessory commercial vending machines in a residential district
shall be prohibited.
All adult use and entertainment establishments within the Village shall be in accordance with Chapter
31 (the Adult Use and Entertainment Regulation Law) of the Village of Shortsville Code, as well as the regulations set forth in this chapter.
In any residential district, no lot may be used or occupied
and no structure may be erected, maintained or used for the raising,
harboring or housing of bees, pigeons, swine, goats, rabbits, cows,
horses, poultry, foxes, mink, skunks, or any fur-bearing animals or
for the raising of dogs or cats in kennels, unless an application
is made to the Zoning Board of Appeals, subject to such terms and
conditions as may be appropriate in the particular case and in conformity
with the following general provision: The Zoning Board of Appeals
may consider, where it is material in each case and among the other
relevant factors, any danger to the neighboring property of noise
or offensive emission of odors or fumes, any detriment to the health,
safety, morals or the general welfare of the community and whether
such use is appropriate to the particular location.
Automotive service stations or repair shops and gasoline stations
shall comply with the following:
A. Any such use shall be buffered from adjacent uses by no
less than 10 feet. The buffer area shall minimally consist either
of fencing, evergreen shrubbery, coniferous trees, or any combination
thereof that prevents the unwanted transmission of headlight glare
across the property line.
B. The entire site area that is traveled by motor vehicles
shall be hard surfaced (i.e., asphalt, concrete, or any other surface
that does not release dust or debris).
C. Landscaping (Article
54), signage (Article
52), and lighting (Article
55) shall meet the requirements of their respective sections. In no case shall the perimeter landscaping be less than 10 feet in width along the street frontage(s).
D. Sufficient screening shall be provided along all lot lines
abutting or adjacent to residentially zoned or developed property
to block any view of operations from all points on such residential
property when viewed from ground level.
E. No outdoor storage of materials, merchandise and equipment
shall be permitted during nonbusiness hours.
F. Repair shops and service stations shall comply with the
following regulations:
(1)
The number of vehicles that can be accommodated on
site for repair and storage is to be determined by the Planning Board;
(2)
Repair garages shall not be used for the storage,
sale, rental or display of automobiles, trucks, trailers, mobile homes,
boats, snowmobiles or other vehicles;
(3)
All maintenance, service, and repairs of motor vehicles
shall be performed fully within an enclosed structure. No motor vehicle
parts, partially dismantled motor vehicles, or unlicensed motor vehicles
shall be stored outside of an enclosed structure for more than 48
hours; and
(4)
A spill prevention plan shall be provided.
G. Gasoline stations shall comply with the following regulations:
(1)
In addition to the information required for site
plan review, the plan shall also indicate the location, number, capacity,
and type of fuel storage tanks, the number of pumps to be installed,
and the depth to the tanks;
(2)
No gasoline station or automotive repair shop shall
have an entrance or exit for vehicles within 200 feet, as measured
along the public street, in which there exists an educational institution,
public playground, religious institution, chapel, convent, hospital
or public library, and such access shall be not closer to any intersection
than 125 feet.
(3)
Gas stations may include retail sales of food, convenience
items, and minor automotive supplies or liquids provided that the
sales of such items are within an enclosed structure and are an accessory
use. Sales areas outside of the primary structure may be displayed
on the pump islands or the building island only;
(4)
Gasoline stations shall be under the control of an
attendant at all times during the hours of operation;
(5)
All oil drainage pits and hydraulic lifts shall be
located within an enclosed structure and shall be located no closer
than 50 feet to any property line.
(6)
Fuel pumps shall be located no closer than 30 feet
from the public right-of-way or 50 feet from any other property lines;
(7)
All storage facilities for fuel, oil, gasoline or
similar substances shall be underground and shall be at least 30 feet
from any property line. Tanks shall be installed and maintained in
accordance with all state and federal laws and standards; and
(8)
Tanks shall be located at least 500 feet from a place
of public assembly as defined by the New York State Uniform Fire Prevention
and Building Code.
In order to protect the residential character of the district
in which it is located, a bed-and-breakfast facility shall be limited
by the following criteria and/or any other conditions as determined
by the Planning Board:
A. A bed-and-breakfast shall only be permitted as a specified
use in a single-family, detached dwelling;
B. The residential character of the dwelling shall be preserved
and no structural alterations, construction features, or site features
of a nonresidential nature shall be incorporated. No accessory buildings
shall be used for bed-and-breakfast activities;
C. The owner/operator of the bed-and-breakfast shall live
full-time on the premises;
D. A bed-and-breakfast shall have a maximum of three guest
rooms with no more than two guest rooms sharing a single bath and
no more than six adult guests at one time. For the purpose of this
section, "adult" means any person over the age of 18;
E. The maximum length of stay for any guest is 14 consecutive
days;
F. Parking shall be provided in accordance with Article
51. The Planning Board shall approve the location and screening of said parking spaces; and
G. There shall be no change in the outside appearance of the building or premises that detracts from the residential character of the dwelling or from the residential character of the neighborhood, or other visible evidence of the conduct of such bed-and-breakfast other than one sign that shall be in accordance with Article
52 of this chapter, Sign Regulations.
Car washes shall be allowed by special use permit provided they
comply with the following regulations:
A. All washing facilities shall be completed within an enclosed
building;
B. Vacuuming facilities may be outside of the building but
shall not interfere with the free flow of traffic on or off the site;
C. The entire site area that is traveled by motor vehicles
shall be hard surfaced (i.e., asphalt, concrete, or any other surface
that does not release dust or debris).
D. Landscaping (Article
54), signage (Article
52), and lighting (Article
55) shall meet the requirements of their respective sections. In no case shall the perimeter landscaping be less than 10 feet in width along the street frontage(s).
E. A solid masonry wall, fencing, landscaping or any combination
thereof shall screen all lot lines abutting or adjacent to residential
districts or uses. Said screening shall not be less than four feet
but no more than six feet in height;
F. Where gasoline stations are either a principal use with
or an accessory use to the car wash, the requirements of the gasoline
station shall also be adhered to; and
G. In the event a car wash is abandoned, as determined by
the Building Official, the owner shall immediately remove any outdoor
vacuums, and all signs. The owner shall also provide adequate protection
against unlawful entry into the building and onto the property and
shall close all vehicular entrances to the property. A car wash shall
be considered abandoned if it is inactive for a period of 12 consecutive
months.
Drive-through facilities may be allowed as stand-alone facilities
or as an accessory use to "fast food" restaurants, pharmacies, banks,
and other permitted or specially permitted uses provided such facilities
comply with the following regulations:
A. No drive-through facility shall be permitted in the Village
Center District;
B. Each drive-through facility and its associated use shall
provide ingress and egress so as to minimize traffic congestion;
C. Drive-through facilities, including any protective canopies,
signage, drive-through travel lanes, or other associated elements,
shall meet the setback requirements for the property;
D. Drive-through facilities with an amplified audio/visual
system shall be setback a minimum of 30 feet from the property line.
These facilities shall not be located adjacent to residential uses
or districts; and
E. Stacking space for these facilities shall not impede on-
or off-site traffic movements. The stacking space shall be delineated
from other internal areas through the use of pavement markings that
are identifiable during all seasons. The minimum numbers of stacking
or queuing spaces required by drive-through activity type are provided
in Table 40-1 below.
Table 40-1: Minimum Stacking Requirements
|
---|
Activity Type
|
Spaces
|
Measured From
|
---|
1. Automated teller machine
|
3
|
Teller or window
|
2. Bank teller lane
|
4
|
Teller or window
|
3. Car wash stall, automatic
|
9
|
Entrance
|
4. Car wash stall, self-service
|
3
|
Entrance
|
5. Gasoline pump island
|
2
|
Pump island
|
6. Pharmacy
|
4
|
Window
|
7. Restaurant drive-through
|
6
|
Order box
|
8. Restaurant drive-through
|
4
|
Order box to pickup window
|
9. Oil change and quick lube
|
3
|
Per bay
|
10. Other
|
Determined by Planning Board
|
Eating and drinking establishments shall provide ingress and egress so as to minimize traffic congestion. Eating and drinking establishments that are adjacent to residential uses or districts shall be buffered or screened to minimize visual and auditory impacts in a method approved by the Planning Board and in accordance with the regulations set forth in Part
5; including, but not limited to, landscaping (Article
54), signage (Article
52), lighting (Article
55), and parking (Article
51).
The construction, installation and operation of exterior furnaces,
outdoor solid-fuel heating devices and outdoor wood-burning furnaces
are hereby prohibited within the Village of Shortsville.
For go-cart tracks, electric or gasoline-powered go-cart rides,
similar vehicular tracks and miniature golf courses, the following
restrictions shall apply:
A. The sale or use of alcoholic beverages shall be prohibited.
B. Adequate toilet facilities for employees and customers
shall be provided on site.
C. Operating hours shall be limited to the hours between 10:00
a.m. though 10:00 p.m. Sunday through Thursday and 10:00 a.m. through
11:00 p.m. on Friday and Saturday.
D. Gasoline or electric-powered go-cart rides, similar vehicular
tracks.
(1)
No person shall cause or permit the establishment
of a go-cart track or similar vehicular track within 500 feet of any
residentially zoned district or within 500 feet of any religious institution,
educational institution, park, playground or existing go-cart track,
similar vehicular track or miniature golf course. For the purposes
of this section, measurements shall be made in a straight line, without
regard to intervening structures or objects, from the nearest portion
of the property used as a part of the premises for the track and/or
course to the nearest property line of a residentially zoned district,
religious institution or educational institution or to the nearest
boundary of a park or playground;
(2)
A solid wall having a minimum height of six feet,
incorporating noise-absorbing material on the inside, shall be placed
on all sides of the facility that abut residentially occupied property.
Noise levels shall be limited to 65 dB as measured 75 feet outside
the wall. The remaining sides of the property shall be fenced in with
a fence having a minimum height of four feet;
(3)
Only operator-owned go-carts or other vehicles shall
be allowed. No individually owned go-carts or other vehicles shall
be allowed; and
(4)
Parking requirements for go-carts and other vehicles
are three parking spaces for every one go-cart or similar vehicle.
E. Miniature golf course uses. A miniature golf course shall
be fenced with a fence having a minimum height of four feet.
Outdoor storage shall be allowed only in nonresidential districts and shall be subject to the following requirements. This section does not affect the storage of trailers, motor homes, recreational vehicles, and watercraft as regulated in §
95-40.25.
A. Village Center and Neighborhood Commercial Districts.
(1)
Outdoor storage shall not be allowed in the front
yard;
(2)
Outdoor storage shall not occupy more than 10% of
the entire lot area;
(3)
All outdoor storage shall be fully screened to ensure
the area is not visible from the public right-of-way or adjacent residential
districts or uses;
(4)
Screening shall be of sufficient height and density
to completely hide storage from public view, including from streets
and other public accessways; and
(5)
All screening shall be maintained in such a manner
as to present a neat and orderly appearance at all times.
B. General Commercial and Industrial Districts.
(1)
Outdoor storage shall not be allowed in the front
yard;
(2)
All outdoor storage shall be fully screened to ensure
the area is not visible from the public right-of-way or adjacent residential
districts or uses;
(3)
Screening shall be of sufficient height and density
to completely hide storage from public view, including from streets
and other public accessways;
(4)
All screening shall be maintained in such a manner
as to present a neat and orderly appearance at all times; and
(5)
Contractor material and equipment storage must be
a minimum of 200 feet from a residential or open space district.
Public utility installations shall be subject to site plan review by the Planning Board in accordance with Article
62 of this chapter. In addition to the landscaping (Article
54), signage (Article
52), lighting (Article
55), and parking (Article
51) regulations of this chapter, public utilities shall also comply with the following:
A. Such facility shall not be located on a residential street
unless no other site is available and shall be so located as to draw
a minimum of vehicular traffic to and through such streets. Additionally,
the location, design, and operation of such facility shall not adversely
affect the character of the surrounding residential area;
B. Such facility shall be surrounded by a fence approved by
the Planning Board;
C. Such facility shall be landscaped in a manner approved
by the Planning Board;
D. To the extent practicable, equipment shall be stored so
as not to be visible from surrounding properties; and
E. Any additional requirements determined to be necessary
to protect the public's health, safety, and welfare by the Planning
Board through site plan review.
Dumping or burning of refuse, waste material and other substances
is hereby prohibited in all districts. This is not, however, to be
construed as prohibiting filling to establish grades if a permit therefor
is obtained from a Code Enforcement Officer, provided that the material
used therefore shall consist solely of clean dirt, gravel and other
clean fill and that said material must be leveled off and covered
with at least four inches of clean dirt, subject to such other requirements
as may be required by the Board of Trustees.