Regulations governing lot area and lot width,
front, side and rear yards, building coverage and building height
are specified in Schedule A and in the additional regulations of this
article and are supplemented by the regulations of other sections
of this chapter. Schedule A accompanies and, with all explanatory
matter thereon, is hereby made a part of this chapter.
In any district, a lot to be used for residential
dwelling purposes shall have direct frontage on a public or private
street.
Minimum living areas, measured from exterior
faces of exterior walls, exclusive of garages, cellars and unenclosed
porches, shall be as follows for dwelling units hereafter established:
District
|
Minimum Living Area Per Dwelling Unit
(square feet)
|
---|
R-1 Residence, 1-family
|
|
|
1 story
|
1,000
|
|
More than 1 story
|
1,200
|
[Amended 9-15-2020 by L.L. No. 5-2020; 8-3-2021 by L.L. No. 6-2021
A. Walls and fences.
(1) No walls, fences, or similar structures shall be installed or erected
without first applying for and receiving an approved permit from the
Codes Enforcement Officer. Any fence request over four feet in height
will also require the permission of the Board of Trustee member who
presides over the Code Department, or the Village Board as needed.
The permit application shall be completed and be accompanied with
a sketch showing the proposed location of the fence and the materials
proposed to be used therein.
(2) No walls, fences, or similar structures shall be installed or erected
in the front yard.
(3) No walls, fences or similar structures shall be installed or erected
in the side yard between the building setback line and the street
of a corner lot.
(4) No walls or fences may be erected on the Village rights-of-way.
(5) All walls, fences or similar structures shall not exceed six feet
in height.
(6) All fences, walls or similar structures thereto shall be erected
entirely on the applicant's property and properly supported and braced
with the smooth side facing the neighbor and the constructed side
facing the applicant.
[Amended 10-4-2022 by L.L. No. 2-2022]
(7) All fencing materials shall be approved by the Code Enforcement Officer.
(8) Barbed-wire and electric-charged fencing are prohibited.
(9) When any nonconforming fence is removed or replaced in its entirety,
it must conform to the current zoning regulations.
(10) It is the property owner's responsibility to locate the fence location
on their property and not to encroach on a neighbor's property.
[Added 10-4-2022 by L.L. No. 2-2022]
B. Screening regulations.
(1) Enclosed uses. For any use required by this chapter to be screened
in accordance with this section, the owner shall provide a fence,
screen or landscaping sufficient to obscure such use from view from
abutting properties in residence districts or from the public right-of-way.
(2) Unenclosed uses. Any commercial or industrial use which is not conducted
within a completely enclosed building, including, but not limited
to, junkyards, storage yards and used building materials yards, and
which use is in, abuts or is adjacent to a residence district or fronts
on a public right-of-way shall be screened from view from such residence
districts and public rights-of-way in an effective manner.
(3) Approval by the Zoning Board. Plans and site designs for the installation
of such fencing or screening as is required by this chapter shall
be reviewed and approved by the Zoning Board prior to issuance of
a building permit. Any fencing or screening in accordance with this
section shall be maintained in good order to achieve the objectives
of this section. Failure to maintain fencing, screening or plant material
shall be considered a violation of this chapter.
C. Hedges.
(1) No hedges shall be planted in or on the Village rights-of-way.
(2) No hedges shall be planted so that they obstruct the view of a roadway
or pedestrian path.
A private outdoor swimming pool shall be permitted
as an accessory use to a dwelling unit only in accordance with the
following regulations:
A. Such pool shall be accessory to a principal residential
use and shall be erected only on the same lot as the principal structure.
B. Such pool may be erected or constructed only in the side or rear yard of the lot and shall conform to the yard requirements set forth in §
135-19C of this chapter.
[Amended 9-4-2012 by L.L. No. 4-2012]
C. Refer to the New York State 2017 supplement to the
2015 International Property Maintenance Code, Section 303.
[Amended 3-5-1991 by L.L. No. 1-1991;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. Such pool shall be adequately screened or otherwise
situated so as not to be obtrusive from the public right-of-way or
to present a nuisance to any adjoining use.
E. Such pool shall not adversely affect the character
of any residential neighborhood, and all lighting or other appurtenances
shall be so arranged as not to interfere with neighboring uses.
F. In addition, a swimming pool to be constructed or
installed as an accessory use to a motel, tourist or like accommodation
or as part of any commercial or club facility shall be permitted after
application to and issuance of a permit therefor by the enforcement
officer. Such swimming pool shall be so located as not to cause a
hazard or nuisance and shall be designed and located in accord with
acceptable engineering standards and any applicable county or state
requirements.
G. In respect to the maintenance for the regular use
as a swimming pool and the fence, it shall be required that the fence
shall be of sturdy construction and shall be maintained in a sturdy
workmanlike construction with all fence posts and other materials
to be sound and all posts to be securely placed into the ground. In
the event that the pool is not being used during any time of the year,
it shall have a proper cover manufactured by a swimming pool manufacturer
and shall be securely tied down at all times. The intent of this section
is to ensure that if a pool is used seasonally, it should be fully
covered the balance of the year, and the intent is also that if a
pool is not being used seasonally, it shall be covered throughout
the year. Pools that do not continue to meet the standards of the
New York State Uniform Fire Prevention and Building Code and become
in disrepair shall be properly closed and filled in with the proper
material to fully protect the public and to keep from being unsightly
or a health hazard due to the lack of insect control or other health
reasons.
[Added 3-5-1991 by L.L. No. 1-1991]
H. Upon written specific notice by certified mail, the
Village may require existing pool owners to also abide by these rules
and regulations throughout this section. This section shall provide
that the Village, through its Zoning Enforcement Officer, will inspect
all existing swimming pools of an outdoor nature, either aboveground
or below-ground, and shall make specific recommendations pursuant
to this section to the property owner; but if the Zoning Enforcement
Officer feels that an existing pool satisfies the clear intent of
this section, the Zoning Enforcement Officer shall be able to approve
the existing pool for continued occupancy and use even though various
pools may differ somewhat in their present construction or state of
repair. The intent of this section is to make sure that all pools
comply with a safe standard for use and occupancy but at the same
time to give the Zoning Enforcement Officer the discretion to approve
pools he believes to be safe for the use of the homeowner and the
homeowner's invited guests, provided that they basically conform to
this chapter. In the event that, after being issued a violation notice,
the owner does not agree, the owner may appeal to the Zoning Board
of Appeals for an appropriate variance pursuant to law.
[Added 3-5-1991 by L.L. No. 1-1991]
The following regulations shall apply to all
dish- or tower-type antennas:
A. No dish- or tower-type antennas shall be erected,
altered or reconstructed without the issuance of a building permit
by the Zoning Enforcement Officer.
B. Application for such permit shall include construction
drawings showing the proposed method of installation, structural engineering
analysis and a site plan depicting structures and plantings on the
property and all contiguous properties. At the request of the Zoning
Enforcement Officer, documentation of a maintenance program may be
required.
C. All towers and antennas and tower-type antennas shall have setbacks
from any lot line two times the height of the proposed structure.
[Amended 10-3-2017 by L.L. No. 4-2017]
D. Distance of any guy anchorage or similar device shall
conform to the minimum setbacks and/or yard requirements established
for the zoning district in which the structure is proposed.
E. Suitable protective anticlimb fencing and a landscape
planting screen shall be provided and maintained around the structure
and accessory attachments.
F. The applicant shall present documentation of the possession
of any required federal or state license.
G. No structure shall exceed the height limitations established
for the zoning district in which it is proposed.
H. Only one such structure shall exist at any one time
on any lot or parcel.
I. The owner of such structure shall assume complete
liability in case of personal or property damage.
J. No dish- or tower-type antennas shall be placed in
any front or side yard.
K. Tower-type antennas or antenna arrays shall be erected only in Planned
Development Districts, and they shall meet all zoning requirements
of the zoning district in which they are located.
[Added 10-3-2017 by L.L.
No. 6-2017]
[Amended 3-2-1993 by L.L. No. 1-1993; 9-4-2012 by L.L. No.
4-2012]
A. Intent. It is the intent of the Village of Yorkville that signs contribute
to the aesthetic character of the Village and do not adversely affect
such character.
B. General regulations state that a permit is required from the Codes
Enforcement Officer for the erection, alteration or reconstruction
of any business or advertising sign except where noted. One principal
and one accessory sign shall be permitted for any separate and distinct
business. The principal sign shall not exceed three square feet in
gross surface area per linear foot of the building frontage for illuminated
signs and six square feet per linear foot of the building frontage
for nonilluminated signs, and the accessory sign shall not exceed
50% of the area of the principal sign.
[Amended 10-4-2022 by L.L. No. 3-2022]
C. Sign measurement. The area of a sign enclosed in frames or cabinets
is determined by measuring the outer dimensions of the frame or cabinet
surrounding the sign face.
(1) Sign area does not include foundations or supports.
(2) For signs constructed of individual pieces attached to a building
wall, the cumulative area of the sign shall be determined by calculating
the area in the form of a perimeter around each individual piece.
(3) Signs shall be constructed of wood, plastic, metal, glass, foam or
stone.
D. No sign shall contain flashing, intermittent, rotating or moving
lights nor consist of pennants, banners, ribbons or streamers; however,
temporary advertising devices, including but not limited to inflatables,
banners, ribbons or streamers, may be employed on an occasional or
temporary basis, not more than three times per year, for periods of
up to two weeks to call attention to special business or related events.
Only one such device shall be allowed per business.
E. Mobile or portable signs or attracting devices are prohibited.
F. Signs on buildings shall be placed flat against the exterior wall
and shall not project more than eight inches from the wall to which
they are fixed. No sign shall project beyond the top or side of the
wall to which it is fixed. In any district, no sign shall be placed
to extend over where it may cause danger to a pedestrian or interfere
with circulation or in such a position that will cause danger to traffic
on a street by obscuring the view.
G. No sign shall have more than two sides.
H. Not more than one freestanding sign shall be permitted per site except
for directional signs that do not exceed four square feet in sign
area and which are limited to such texts as "entrance," "exit," "no
parking," etc. For the purposes of this provision, a single business
or activity shall include all businesses or activities subordinate
to or integrated with that business or activity located on the same
premises as that business or activity.
I. If freestanding signs are used to identify two or more uses in a
single structure or per site, the total square footage of a freestanding
sign, only, shall be allowed to be doubled per side.
(1) Freestanding signs shall be placed at a minimum of five feet from
the front property line measured from the leading edge of the sign
and in accordance with all other setback restrictions of the principal
use, but in no case obstruct the vision of motorists entering and
leaving the premises and shall otherwise not interfere with pedestrian
traffic nor interfere with the use and enjoyment of the adjoining
properties.
J. No sign shall have a source of illumination directed toward a public
street or adjacent property.
K. No sign, other than an official traffic sign or public notice, shall
be erected within the right-of-way line of any public street.
L. No billboard or sign advertising functions, uses, products or services
not pertaining to the premises on which it is located shall be permitted.
M. Signs allowed to deteriorate or signs that represent a use no longer
in existence for a period of three months or longer shall be removed.
N. Signs not requiring a permit. The following signs shall not require
a permit:
(1) Signs advertising the sale or rental of the premises upon which the
sign is located; this shall be limited to one per realtor.
(2) Signs denoting the architect, lending institution, engineer or contractor
where construction, repair or renovation is in progress, which shall
be limited to one sign per property.
(3) Professional and trade nameplates and home business signs. Such signs
may be illuminated by external light only and shall be limited to
one per person or business.
(4) Signs which mark property boundaries; give directions for roads or
trails; prohibit trespassing, hunting, fishing or off-road vehicles;
or warn of hazards.
(5) Signs up to two square feet in size, giving the name of the residents
of a dwelling or its address. Such signs may be illuminated by external
light and shall be limited to one per dwelling.
O. Amortization of existing signs. Signs not in compliance with this
chapter must be brought into compliance within 10 years of the date
of enactment of this chapter.
P. Video display signs, electronic graphic display signs, changeable copy signs and electronic changeable copy signs shall be permitted in a C-2 and M-1 Zone only. In addition to the regulations of Subsections
D,
E and
F, the Zoning Board of Appeals of the Village of Yorkville shall review each application on an individual basis, and said application shall be subject to its discretion in accordance with the following regulations:
(1) Brightness. The sign must not exceed a maximum illumination of 5,000
nits (candelas per square meter) during daylight hours and a maximum
illumination of 280 nits (candelas per square meter) between dusk
and dawn as measured from the sign's face at maximum brightness.
(2) Dimmer control. Electronic graphic display signs must have an automatic
dimmer control to produce a distinct illumination change from a higher
illumination level to a lower level for the time period between 1/2
hour before sunset and 1/2 hour after sunrise.
(3) Audio or pyrotechnics. Audio speakers or any form of pyrotechnics
are prohibited in association with an electronic graphic display sign.
(4) Images or messages shall be static in nature, not streaming or scrolling.
(5) No image or message may be displayed for fewer than six seconds.
(6) Transition time shall be instantaneous.
(7) Spacing. If more than one CEVMS sign face is visible to a driver
at the same time on either side of the highway, signs must be placed
at least 5,000 feet apart.
(8) Signs of this nature shall not be permitted as wall-mounted signs
or on buildings in general.
Q. Prohibited locations.
(1) Within an interchange. An "interchange" is defined as a system of
interconnecting roadways providing for traffic movement between two
or more highways that do not intersect at grade. Acceleration/deceleration
lanes are considered part of the interchange measured along a highway
from the beginning or ending of pavement widening at the exit from
or entrance to the main-traveled way. If auxiliary lanes are present
between two consecutive interchanges, CEVMS may not be located within
800 feet of the gore areas between the two interchanges as measured
from the physical nose of each gore area.
(2) Within an intersection at grade. Turning lanes are considered part
of the intersection measured along a highway from the beginning of
pavement widening at the exit from or entrance to the main traveled
way.
Off-street parking space shall be required for
all buildings constructed or substantially altered after the effective
date hereof. Each off-street space shall consist of at least 180 square
feet, with a minimum width of nine feet. In addition, space necessary
for aisles, maneuvering and drives shall be provided. Required off-street
parking areas shall be so arranged and regulated as not to interfere
with pedestrian or motor traffic on the public street or highway,
and no parking or maneuvering incidental to off-street parking shall
be on any right-of-way or walkway. Parking requirements are specified
in Schedule B, which is hereby made a part of this chapter.
A. For uses not specified, the Board of Appeals shall,
on appeal and after recommendation of the Zoning Board of Appeals,
establish parking requirements in specific cases consistent with those
specified in Schedule B.
B. For any building having more than one use, parking
space shall be required for each use pursuant to Schedule B.
C. In residence districts, the required off-street parking
established in Schedule B shall be located only in the side or rear
yard of the lot and not between the street and the principal building.
All off-street parking required by Schedule B shall be limited to
a designated driveway.
[Amended 12-7-2021 by L.L. No. 8-2021]
D. Required off-street parking in commercial or industrial districts shall be located within 250 feet of the commercial or industrial use but not in any residence district; and if such parking area abuts a dwelling or a residence district, the parking area shall be screened in accordance with §
135-22.
E. Floor areas for the purpose of computing parking requirements
shall be the sum of the horizontal area within exterior walls of the
several floors of a building, excluding basement, cellar and attic
areas used primarily for storage or service.
F. No travel trailer, boat or boat trailer or recreational
vehicle shall be parked or stored in any residential district except
in the side or rear yard. No travel trailer or recreational vehicle
shall be used for any residential, commercial or industrial purpose
on the premises for a period exceeding two weeks annually. No travel
trailer, boat or boat trailer or recreational vehicle shall be located
within 10 feet of any property line unless parked in the designated
driveway. For a single property, no more than one unit of each type
shall be placed on the property at any given time.
[Amended 5-17-2011 by L.L. No. 3-2011]
G. Overnight parking or storage out of doors in any residence
district of any vehicle licensed for commercial purposes in excess
of 26,000 pounds shall be prohibited.
[Amended 10-4-2022 by L.L. No. 4.2022]
H. Off-street parking lots for five or more cars or trucks
shall be designed with careful regard to orderly arrangement, topography,
landscaping, ease of access, pedestrian walkways, ingress and egress
and shall be developed as an integral part of an overall site design,
and the plan shall be submitted to and approved by the Zoning Board
of Appeals.
I. Off-street parking shall be provided as follows:
Schedule B
Off-Street Parking
|
---|
Use
|
Spaces Required
|
---|
Dwellings
|
1 for each dwelling unit
|
Apartments
|
1 1/2 for each dwelling unit
|
Motels, hotels or rooming houses
|
1 for each guest room
|
Fraternities, sororities or dormitories
|
1 for each resident
|
Offices
|
1 for each 400 square feet of floor space in
excess of 2,000 square feet
|
Funeral homes
|
15, plus space for all employee and resident
personnel
|
Churches or temples
|
1 for each 8 seating spaces in main assembly
room
|
Schools:
|
|
Elementary
|
2 for each classroom
|
High
|
4 for each classroom
|
Colleges or universities
|
1 for each 5 students
|
Theaters or other places of assembly
|
1 for each 5 seating spaces
|
Hospitals or nursing or convalescent homes
|
1 for each 3 beds, plus 1 for each employee
|
Retail stores
|
1 for each 300 square feet of floor space devoted to retail
or customer use
|
Shopping centers [Amended 9-4-2012 by L.L. No. 4-2012]
|
1 for each 300 square feet of floor space devoted
to retail or customer use
|
Clubs or restaurants
|
1 for each 100 square feet of floor space
|
Bowling alleys
|
5 for each alley
|
Wholesale, storage or freight terminals
|
1 for each employee on the maximum shift. Parking
area shall not be less than 25% of the building floor area.
|
Industrial or manufacturing uses
|
1 for each 4 employees on the maximum working
shift
|
Home occupations
|
Off-street parking space for all customers,
patients, clients and residents
|
Auto washes
|
1 for each bay, plus space for all employee
cars and stacking space for 4 cars per bay
|
J. Residential
driveways.
[Added 12-7-2021 by L.L. No. 8-2021]
(1) For
every single residential dwelling there shall be one driveway allowed.
(2) The
driveway shall be located only in the side or rear yard of the lot
and not between the street and the principal building.
(3) The
driveway shall be a minimum of nine feet in width.
(4) The
driveway shall be a maximum of 24 feet in width at the curb cut or
edge of public street. The curb cut is to be a maximum of two feet
more than the driveway width.
(5) A
permit shall be required for any new construction or any alteration
of an existing driveway, except resurfacing and seal coating. Failure
to obtain a driveway permit will result in a penalty of double the
fee.
(6) All
driveways are subject to on-site inspection and final determination
by the Code Enforcement Officer and the Highway Superintendent as
needed.
(7) In
no instance shall existing concrete sidewalks be paved over. Existing
concrete sidewalks may be removed but must be replaced with new concrete
as per Village of Yorkville specifications.
Off-street loading facilities shall be provided
for each commercial or industrial establishment hereafter erected
or substantially altered and shall be so arranged as not to interfere
with pedestrian or motor traffic on the public street or highway and
shall be adequately screened if adjacent to a dwelling or a residential
area. Such off-street loading space shall be logically and conveniently
located for bulk pickups and deliveries, scaled to delivery vehicles
expected to be used and accessible to such vehicles when required
off-street parking spaces are filled. Required off-street loading
space is not to be included as off-street parking space in computation
of required off-street parking space. Any required off-street loading
berth shall have a clear area not less than 12 feet in width by 25
feet in length.
[Added 11-5-2007 by L.L. No. 4-2007]
No application for approval of a land development activity shall be considered until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the NYS SPDES General Permit for Construction Activities GP-02-01 and the specifications set forth in Chapter
114, Stormwater Management, and until the SWPPP is reviewed and approved by the NYS DEC.