A.
For every building hereafter erected, altered or changed in use,
there shall be provided parking spaces as set forth below:
(2)
Hotels, motels and tourist homes and boardinghouses: one parking
space, plus one space for every guest room.
(3)
Nursing homes or hospitals: one parking space, plus one space for
every two beds.
(4)
Places of public assembly: one parking space for every 10 seats or
one parking space for every 100 square feet of floor area, whichever
is less.
(5)
Business, professional and medical offices: one parking space, plus
one space for every 200 square feet of office area.
(6)
Commercial and business, in groups over 20,000 square feet of business
floor area: one parking space for every 100 square feet of business
area.
(7)
Commercial and business, individual establishments on separate lots:
one parking space for every motor vehicle used directly in the business,
plus one parking space for every 200 square feet of business area.
(8)
Restaurants and eating and drinking establishments: one parking space
for every five seats.
(9)
Industrial, wholesale, warehouse, storage, freight and trucking uses:
one parking space for every motor vehicle used directly in the business,
plus additional parking as required by the Planning Board.
(10)
Unspecified uses: as required by the Planning Board based upon
use intensity, turnover, customers, employees and vehicles used.
Every building occupied for the purpose of business or industry
shall provide adequate space for the off-street loading and unloading
of vehicles.
The following are minimum landscaping requirements:
A.
Where any land use in a nonresidential district abuts land in any
residential district, a strip of land at least 15 feet wide shall
be maintained by the owner as a landscaped area in front, side and
rear yards which adjoin these other districts.
B.
Where any permitted nonresidential land use or multiple-family development
in a residential district abuts any land use in a residential district,
a strip of land at least 15 feet wide shall be maintained as a landscaped
area in front, side and rear yards which adjoin these uses.
C.
In an industrial or commercial district, each use shall have a strip
of land at least 15 feet wide in any required front yard and at least
five feet wide in any required rear and side yards, which shall be
maintained as a landscaped area.
D.
In a planned development district, landscaping shall be required
by the Planning Board under its powers of site plan review and approval.
E.
Required planting shall be installed and maintained in a healthy,
growing condition and shall take the form of shade trees, deciduous
shrubs, evergreens, well-kept grassed areas and ground cover.
In all districts, uses shall comply with all federal and state
standards related to noise, air pollution and water pollution. The
Planning Board may from time to time adopt additional standards of
performance deemed necessary in order to promote the health, safety
and general welfare of the public, provided that they are not less
stringent than any applicable federal and state standards.
A.
Prohibited signs; signs permitted in all districts.
(1)
Off-premises advertising signs, billboards and roof signs are not
permitted in any district.
(2)
The following signs are permitted in any district:
(a)
Professional residence-office and home occupation signs not
exceeding two square feet.
(b)
One "for rent" or "for sale" sign not exceeding six square feet
in residential districts or 32 square feet in other districts.
(c)
Direction or information signs not exceeding four square feet.
(d)
Signs necessary for public safety or welfare.
(e)
Signs identifying a construction project and the specialists
concerned, not exceeding eight square feet for a dwelling and 16 square
feet for other buildings.
(f)
Signs identifying any permitted nonresidential use in a residential
district, one square foot of sign for each linear foot of building
frontage, but not exceeding a total of 32 square feet.
D.
Traffic hazards, safety and obstruction. Every sign shall be designed
and located in such a manner as to:
E.
Illuminated and flashing signs.
F.
Signs by special use permit. Other signs may be permitted after issuance
of a special use permit, if the Planning Board finds that such a sign:
A.
General provisions. Lawful use of any building or land existing at
the time of enactment or amendment of this chapter may be continued
although such use does not conform to this chapter, except as hereinafter
provided.
B.
Discontinuance. When a nonconforming use has been discontinued for
a period of one year, such use shall not thereafter be reestablished,
and any future use shall be in conformity with this chapter.
C.
Change of use. No nonconforming use shall be changed to other than
a conforming use for the district in which it is situated.
D.
Extension, unsafe structures, restoration and alteration. A nonconforming
use shall not be extended. Extension of a lawful use to any part of
a nonconforming building shall not be deemed extension of such nonconforming
use. A nonconforming structure or part thereof may, by special permit
issued by the Planning Board be:
(1)
Restored to a safe condition.
(2)
Repaired if damaged or destroyed by fire or other causes, provided
that construction starts within a period of one year and that substantial
restoration is made within six months from the date construction is
begun.
(3)
Structurally altered only to the extent of its prior nonconformity.
E.
Nonconforming junkyards. Nonconforming junkyards shall be discontinued
and the site cleared within six months of enactment of this chapter.
F.
Nonconforming signs.
(1)
Nonconforming signs shall be removed by the owner when any use of
property on which the sign is located is discontinued.
(2)
Nonconforming signs may not be enlarged, extended, relocated or altered
in any way, except to make them conform to provisions of this chapter.
This provision shall not restrict routine maintenance of nonconforming
signs, including repair or replacement of structural or electrical
parts and/or repainting.
G.
Residential lots existing prior to amendment of chapter. In residential
districts, nothing shall prohibit use of a single lot, as identified
on the official Village of Green Island Tax Maps, of less area or
less frontage than required for a one- or two-family dwelling in the
district in which the lot is located, when such lot was held under
separate ownership from adjoining lots at time of enactment or amendment
of this chapter.
[Amended 1-26-2009 by L.L. No. 1-2009]
A.
There
shall be only one residential building on a lot unless otherwise approved
under Planned Development District provisions.
B.
Residential
lots shall have at least 20 feet of frontage on a street.
C.
Two- or
three-story buildings originally used as either a single-family or
multifamily residential structure in a zone now designated as commercial
are restricted to a single commercial business use and a single-family
residential dwelling use per floor.
In determining the percentage of building coverage of a lot
or size of yards, all principal buildings, covered porches, garages,
carports and other accessory buildings shall be included.
A.
No space necessary under this chapter to satisfy area, yard or other
open space requirements in relation to any lot, building or use shall
be counted as part of required open space in relation to any other
lot, building or use.
B.
Every part of a required yard shall be open and unobstructed from
the ground to the sky except for ordinary projections of sills, chimneys
and eaves, provided that no such projections extend more than two
feet into the required yard.
C.
Any yard adjoining a street shall be considered a front yard for
purposes of this chapter.
On a corner lot, within the triangular area formed by the intersection
of two street right-of-way lines and a third line joining them at
points 15 feet away from their intersection, there shall be no obstruction
to vision between the height of two feet and 10 feet above grade of
each street.
A.
The Zoning Enforcement Officer may issue a temporary permit, except as provided for in § 169-24, for a period not exceeding one year for incidental nonconforming uses as follows:
B.
Permits shall be conditioned upon agreement by the owner to remove
the use on expiration of the permit.
C.
Permits may be reissued for additional periods of six months.
A.
Nothing herein contained shall be interpreted to limit or restrict
the height of silos, church spires, cupolas or bell, clock, fire and
observation towers and essential public utility structures.
B.
No radio or television antenna tower, water or cooling tower, oil
or gas holder, elevator bulkhead or similar structure may be erected
in excess of district height limits until after issuance of a special
use permit.
Abandoned and junked vehicles must be parked in an enclosed
garage or in a licensed junkyard. For the purposes of this section,
an "abandoned or junked vehicle" shall mean any vehicle which is unlicensed
for a period of more than one year or not in condition for legal use
on the highway.
The surface grade of residential front yards, measured at the
midpoint of the residence front wall, shall be at least one foot above
the elevation of the street center line, unless adequate site drainage
is provided.
There shall be no stabling of horses nor storage of manure or
fertilizer associated with a stable within 100 feet of any lot line.
[Added 7-21-2003 by L.L. No. 1-2003]
A.
Findings.
(1)
It has been determined by the Village Board that the influx of people
to the Village of Green Island in recent years will continue, if not
accelerate, during the coming decade or two and that, due to medical
advances and a higher standard of living, a substantial portion of
the Village's population, both those now residing in the Village
and those expected to arrive in the future, will be over 55 years
of age.
(2)
In many states, special communities commonly called "planned retirement
communities (PRC)" have been erected and special buildings and facilities
designed to accommodate older persons because their needs, habits
and requirements, particularly those who have retired from active
business life, are considerably different from their younger compatriots.
(3)
It appears to the Village Board that such communities are desirable
since they are organized, constructed, signed and planned from the
very outset to serve the needs of older persons, including suitable
and adequate facilities for social, cultural and recreational activities
which are regarded as essential to the well-being of the occupants
and the success of the community. If such planning is not done in
this manner and on a large enough scale to provide adequate room,
light, air and other facilities, such a community may adversely affect
the health, safety and welfare of the occupants.
(4)
Thus, the Village Board deems it imperative that it ensure that any
community so constructed be properly designed for the purposes set
forth above and that such community be safeguarded from deterioration,
and in order to carry out the purposes set forth in this preamble,
the Village Board hereby enacts the following provisions.
B.
Permitted uses. In the Planned Retirement Community Residence District,
no building, structure or premises shall be used or occupied and no
building or part thereof or structure shall be erected or altered,
unless otherwise provided in this chapter, except for the following
uses:
(1)
Residential accommodations, including units in apartment houses,
garden apartments and townhouses, but not including motels, rooming
houses or tourist homes. Dwelling units may have one bedroom or two
bedrooms. In no event, however, shall a dwelling unit have more than
two bedrooms.
(2)
Accessory uses: necessary accessory buildings and uses, including
facilities for maintenance, administration, sales office, off-street
parking, storage facilities, professional and medical offices where
the service to be rendered is primarily for the benefit of the residents
of the community and those facilities necessary to the operation of
utility systems serving the community.
C.
The planned retirement community shall be limited to persons who
are 55 years of age or over, with the following exceptions:
(1)
A husband or wife under the age of 55 years who is residing with
his or her spouse who is 55 years of age or over.
(2)
Children and grandchildren residing with their parents or grandparents
where one of said parents or grandparents with whom the child or children
or grandchild or grandchildren is/are residing is 55 years of age
or older, provided that said child or children or grandchild or grandchildren
are over the age of 19 years.
(3)
Adults under 55 years of age may be admitted as permanent residents
if it is established to the satisfaction of the Village Board that
the presence of such person is essential for the physical care and
economic support of eligible older persons.
D.
The Planned Retirement Community Residence District shall be subject to all the provisions of this Chapter 169 with a Planned Development District.
E.
It shall
be the responsibility of every owner, manager and agent of a planned
retirement community residence to ascertain the age of every person(s)
desiring to rent, lease or occupy any planned retirement community
residence prior to renting, leasing, or permitting or suffering occupancy
therein and to provide proof of age of all such persons to the Village
Board of Trustees.
[Added 10-24-2005 by L.L. No. 2-2005]
[Added 8-16-2010 by L.L.
No. 1-2010]
A.
Height regulated. It shall be unlawful for any owner, lessee or occupant,
or any agent, servant, representative or employee of any such owner,
lessee or occupant, having control of any occupied or unoccupied lot
or land or any part thereof in the Village, to permit or maintain
on any such lot or land or on or along the sidewalk, street or alley
adjacent to the same between the property line and the curb or middle
of the alley or for 10 feet outside the property line if there be
no curb, any growth of weeds, grass or other rank vegetation to a
greater height than nine inches on the average, or any accumulation
of dead weeds, grass or brush.
B.
Poisonous plants prohibited. It shall also be unlawful for any such
person or persons to cause, suffer or allow poison ivy, ragweed or
other poisonous plants or plants detrimental to health to grow on
any such lot or land in such manner that any part of such ivy, ragweed
or other poisonous or harmful weed shall extend upon, overhang or
border any adjacent property, or allow the seed, pollen or other poisonous
particles or emanations therefrom to be carried through the air into
any adjacent property.
[Added 8-16-2010 by L.L.
No. 1-2010]
It shall be the duty of every owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 169-49, provided that cutting and removing such weeds, grass and vegetation at least once in every two weeks between May 15 and September 15 shall be deemed to be a compliance with this section.
[Added 8-16-2010 by L.L.
No. 1-2010]
If the provisions of §§ 169-49 and 169-50 are not complied with, the Zoning Enforcement Officer of the Village of Green Island may elect to do one of the following:
A.
Serve written notice, either personally or by mail, upon the owner, lessee or occupant or any person having the care and/or control of any such lot or land to comply with the provisions of §§ 169-49 and 169-50. If the person upon whom the notice is served fails, neglects or refuses to cut and remove or to cause to be cut and removed such weed, grass or other vegetation within 15 days after receipt of such notice, or if no person can be found in the Village who either is or claims to be the owner of said lot or land or who represents or claims to represent such owner, the Zoning Enforcement Officer shall cause such weeds, grass and/or other vegetation to be cut and removed. The actual cost for such cutting and removal, plus 25% for inspection and other additional costs in connection therewith, shall be certified by the Zoning Enforcement Officer to the Village Treasurer and shall there upon become and be a lien upon the property and shall become and form a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
B.
Said notice shall also contain the date, time, and location at which
the Village will conduct a public hearing to determine whether the
conditions upon the subject property constitute a public nuisance.
Said notice shall state that the property owner, his/her agent, lessee
or occupant is entitled to be heard at such hearing and present evidence
or testimony. The date of such public hearing must be at least 10
days after service or mailing of the notice of violation. Notice of
the public hearing shall be published in a paper of general circulation
in the Village at least five days prior to the date of the public
hearing.
C.
Nothing contained herein shall require notice as a prerequisite to
the issuance of a summons or appearance ticket for a violation of
this chapter.
