A.
Purpose. The purpose of the AR Agricultural-Residential District
is to protect agricultural lands and uses from incompatible uses and
development; to provide for low density, rural development.
B.
Permitted uses.
(1)
Single-family dwellings, not to exceed one principal structure per
lot.
(2)
Agriculture (farming) as defined herein.
(3)
Storage, packing and sale of field, garden, orchard, nursery, and
vineyard crops, but not including agricultural product processing
facilities or distribution centers.
(4)
Cemeteries subject to the following regulations:
(a)
A new cemetery shall contain at least 10 acres of contiguous
land. An existing cemetery may be increased in size, provided that
the land being added contains a minimum of five acres, is located
adjacent to the existing cemetery and is not separated from the existing
cemetery by a public street, highway or other public right-of-way.
(b)
The lot width shall not be less than 300 feet.
(c)
Each cemetery shall provide a maintenance building for the storage
of all equipment and materials being used for the maintenance an operation
of the cemetery. Mausoleums and chapels that are incidental to the
cemetery shall be permitted as accessory uses. No accessory structures
shall be located closer than 50 feet to any lot line. No crematoria
or caretaker's dwelling shall be permitted within or considered accessory
to a cemetery. No building shall exceed 35 feet in height.
(d)
No internment shall be within 50 feet of any street or lot line.
(e)
Memorials and monuments may not exceed six feet in height.
(f)
A minimum of three off-street parking space shall be provided
for each acre of land.
(g)
Each cemetery shall post the hours of operation and use by the
public, including a telephone number to call for information or to
report an incident.
C.
Permitted accessory uses.
(1)
One private attached or detached garage or carport with a maximum
capacity of 800 square feet for the parking of automobiles or storage
of property belonging to residents on the premises. Garages and carports
shall be located to the rear of the front building line of the principal
building and may be located in a side yard with a minimum side yard
setback in compliance with the setback requirements specified in this
chapter.
(2)
Customary accessory structures serving residential uses, including,
but not limited to, private swimming pools, storage buildings, greenhouses,
barbecues and pet shelters for no more than two pets.
(3)
Customary farm accessory buildings for the storage or packing of
products or equipment, but not including agricultural product processing
facilities or distribution centers.
(4)
The keeping, breeding, and raising of farm animals in association
with a residential use, subject to the following restrictions:
(a)
No stable, similar animal housing or confining areas shall be
allowed on lots of less than two acres.
(b)
No structure housing such animals shall be located closer than
50 feet to any street or property line.
(c)
Not more than one adult or fully grown horse, cow, beef steer,
sheep, goat or other four-legged domestic-type farm animal, or combinations
thereof, may be kept per acre of land in the residential parcel.
(d)
Not more than a total of any combination of 12 adult or fully
grown chickens, ducks, geese or other fowl or birds of any type may
be kept per acre of land in the residential parcel.
(5)
Yard sales, provided that not more than three such sales shall occur
during one calendar year, and that the duration of each such sale
not exceed three consecutive days.
(6)
Off-street parking, fencing and signs in accordance with the provisions
of this chapter.
(7)
Home occupations (as an accessory use only).
(8)
Family day care and group family day care.
(9)
Roadside farm stands, under the following conditions:
(a)
The stand shall be set back not less than 30 feet from the edge
of the right-of-way line.
(b)
Sufficient land area shall be provided to accommodate off-street
parking for not less than three vehicles on site.
(c)
Such stands (including signs associated with such uses) shall
be removed and appropriately stored within 10 days of the end of the
harvest season.
(10)
Other accessory uses not specified herein may be approved, provided
that the Zoning Board of Appeals renders an interpretation indicating
that such uses are clearly accessory to the permitted principal use
and consistent with the purpose and intent of the zone district and
this chapter. Accessory furnace buildings are prohibited.
D.
Uses requiring a special permit issued by the Village Planning Board. (Subject to special permit regulations, Article VII).
(1)
Class A and Class B home businesses (as an accessory use only).
(2)
Riding stables.
(3)
Campgrounds.
(4)
Bed-and-breakfast inns (as an accessory use only).
(5)
Cluster residential development.
(6)
Assembly halls and theaters, excluding movie theaters (as an accessory
use only).
(7)
Essential services and utilities.
(9)
Adult and child day-care centers.
(10)
Veterinarian offices/animal hospitals with indoor facilities
only.
(11)
Alternative energy systems (as an accessory use only).
E.
Specifications.
(1)
(2)
Requirements for single-family residential dwellings:
(3)
Exceptions.
(a)
Where a lot has a width of less than 100 feet, but more than 66 feet
at the time of the enactment of this chapter, the side yard requirements
shall be modified in proportion of the lot width to the required lot
width so that one side yard shall have a width of not less than six
feet and the other side yard shall have a width of not less than 12
feet. Where a lot has a width of less than 66 feet, at the time of
the enactment of this chapter, the side yard requirements shall be
modified in proportion of the lot width to the required lot width
so that one side yard shall have a width of not less than four feet
and the other side yard shall have a width of not less than eight
feet.
(b)
For corner lots with a width of less than 100 feet, there shall be
a yard along the lot line adjacent to the side street having a width
from the right-of-way of not less than 12 feet and extending from
the front right-of-way line to the rear line of the lot.
(c)
Where yards have been established to greater or lesser depths or
widths than required by this section, within 300 feet of the premises
for which a building permit is filed, the Zoning Board of Appeals
may vary the yard depth and width requirements so as to be in harmony
with the character of the development of the neighborhood.
A.
Purpose. The purpose of the R-1 Residential District is to provide
a stable residential environment for single-family residential use
and development, free from incompatible uses.
C.
Permitted accessory uses.
(1)
One private attached or detached garage or carport with a maximum
capacity of 800 square feet for the parking of automobiles or storage
of property belonging to residents on the premises. Garages and carports
shall be located to the rear of the front building line of the principal
building and may be located in a side yard with a minimum side yard
setback in compliance with the setback requirements specified in this
chapter.
(2)
Customary accessory structures serving residential uses, including,
but not limited to, private swimming pools, storage buildings, greenhouses,
barbecues and pet shelters/kennels for not more than two pets.
(3)
Gardens for growing produce, herbs and/or flowers for the exclusive
consumption by or use of the occupants of the dwellings on the parcel.
(4)
Yard sales, provided that not more than three such sales shall occur
during one calendar year, and that the duration of each such sale
not exceed three consecutive days.
(5)
Off-street parking, fencing and signs in accordance with the provisions
of this chapter.
(6)
Other accessory uses not specified herein may be approved, provided
that the Zoning Board of Appeals renders an interpretation indicating
that such uses are clearly accessory to the permitted principal use
and consistent with the purpose and intent of the zone district and
this chapter. Accessory furnace buildings are prohibited.
(7)
Home occupations (as an accessory use only).
(8)
Family day care and group family day care.
D.
Uses requiring a special permit issued by the Village Planning Board. (Subject to special use regulations, Article VII).
(2)
Bed-and-breakfast inns (as an accessory use only).
(3)
Cluster residential development.
(4)
Essential services and utilities.
(5)
Places of worship.
(6)
Senior citizen independent living/assisted living apartment buildings.
(7)
Funeral homes.
(8)
Private schools and preschools.
(9)
Adult and child day-care centers.
(10)
Libraries and museums.
E.
Specifications.
(1)
Requirements for single-family dwellings:
(2)
Exceptions.
(a)
Where a lot has a width of less than 80 feet, but more than 66 feet
at the time of the enactment of this chapter, the side yard requirements
shall be modified in proportion of the lot width to the required lot
width so that one side yard shall have a width of not less than six
feet and the other side yard shall have a width of not less than 12
feet. Where a lot has a width of less than 66 feet, at the time of
the enactment of this chapter, the side yard requirements shall be
modified in proportion of the lot width to the required lot width
so that one side yard shall have a width of not less than four feet
and the other side yard shall have a width of not less than eight
feet.
(b)
For corner lots, there shall be a yard along the lot line adjacent
to the side street having a width from the right-of-way of not less
than 12 feet and extending from the front right-of-way line to the
rear line of the lot.
(c)
Where yards have been established to greater or lesser depths or
widths than required by this section, within 300 feet of the premises
for which a building permit is filed, the Zoning Board of Appeals
may vary the yard depth and width requirements so as to be in harmony
with the character of the development of the neighborhood.
A.
Purpose. The purpose of the R-2 Residential District is to provide
a higher density of development than is permitted in the R-1 District
while maintaining the residential character within the district free
from incompatible uses.
C.
Permitted accessory uses.
(1)
One private attached or detached garage or carport with a maximum
capacity of 800 square feet for the parking of automobiles or storage
of property belonging to residents on the premises. Garages and carports
shall be located to the rear of the front building line of the principal
building and may be located in a side yard with a minimum side yard
setback in compliance with the setback requirements specified in this
chapter.
(2)
Customary accessory structures serving residential uses, including,
but not limited to, private swimming pools, storage buildings, greenhouses,
barbecues and pet shelters/kennels for not more than two pets.
(3)
Gardens for growing produce, herbs and/or flowers for the exclusive
consumption by or use of the occupants of the dwellings on the parcel.
(4)
Yard sales, provided that not more than three such sales shall occur
during one calendar year, and that the duration of each such sale
not exceed three consecutive days.
(5)
Off-street parking, fencing and signs in accordance with the provisions
of this chapter.
(6)
Other accessory uses not specified herein may be approved, provided
that the Zoning Board of Appeals renders an interpretation indicating
that such uses are clearly accessory to the permitted principal use
and consistent with the purpose and intent of the zone district and
this chapter. Accessory furnace buildings are prohibited.
(7)
Home occupations (as an accessory use only).
(8)
Family day care and group family day care.
D.
Uses requiring a special permit issued by the Village Planning Board. (Subject to special use regulations, Article VII).
E.
Specifications.
(1)
Single-family dwellings:
(a)
Requirements.
(b)
Exceptions.
[1]
Where a lot has, at the time of the enactment of this chapter, a
width of less than 70 feet, but more than 66 feet, the side yard requirements
for single-family dwellings shall be modified in proportion of the
lot width to the required lot width so that one side yard shall have
a width of not less than six feet and the other side yard shall have
a width of not less than 10 feet. Where a lot has, at the time of
the enactment of this chapter, a width of less than 66 feet, the side
yard requirements for single-family dwellings shall be modified in
proportion of the lot width to the required lot width so that one
side yard shall have a width of not less than four feet and the other
side yard shall have a width of not less than eight feet.
[2]
For corner lots, there shall be a yard along the lot line adjacent
to the side street having a width from the right-of-way of not less
than 12 feet and extending from the front right-of-way line to the
rear line of the lot.
[3]
Where yards have been established to greater or lesser depths or
widths than required by this section, within 300 feet of the premises
for which a building permit is filed, the Board of Appeals may vary
the yard depth and width requirements so as to be in harmony with
the character of the development of the neighborhood.
A.
Purpose. The purpose of the R-3 Multiple-family Residential District
is to provide more affordable housing by permitting a higher density
of development while maintaining the residential character within
the district free of incompatible uses.
C.
Permitted accessory uses.
(1)
One private attached or detached garage or carport with a maximum
capacity of 800 square feet for the parking of automobiles or storage
of property belonging to residents on the premises occupied by single-family
and two-family dwellings. One private detached garage or carport for
each dwelling on premises for each dwelling in a multiple-family dwellings
for the parking of automobiles or storage of property belonging to
the residents occupying the dwellings. Garages and carports shall
be located to the rear of the front building line of the principal
building and may be located in a side yard with a minimum side yard
setback in compliance with the setback requirements specified in this
chapter.
(2)
Customary accessory structures serving residential uses, including,
but not limited to, private swimming pools, storage buildings, greenhouses,
barbecues and pet shelters/kennels for not more than two pets.
(3)
Gardens for growing produce, herbs and/or flowers for the exclusive
consumption by or use of the occupants of the dwellings on the parcel.
(4)
Yard sales, provided that not more than three such sales shall occur
during one calendar year, and that the duration of each such sale
not exceed three consecutive days.
(5)
Off-street parking, fencing and signs in accordance with the provisions
of this chapter.
(6)
Other accessory uses not specified herein may be approved, provided
that the Zoning Board of Appeals renders an interpretation indicating
that such uses are clearly accessory to the permitted principal use
and consistent with the purpose and intent of the zone district and
this chapter. Accessory furnace buildings are prohibited.
(7)
Home occupations (as an accessory use only).
D.
Uses requiring a special permit issued by the Village Planning Board. (Subject to special use regulations, Article VII).
E.
Specifications for all single-family and two-family dwellings.
(1)
Single-family dwellings.
(a)
Requirements.
(b)
Exceptions.
[1]
Where a lot has, at the time of the enactment of this chapter, a
width of less than 70 feet, but more than 66 feet, the side yard requirements
for single-family dwellings shall be modified in proportion of the
lot width to the required lot width so that one side yard shall have
a width of not less than six feet and the other side yard shall have
a width of not less than 10 feet. Where a lot has, at the time of
the enactment of this chapter, a width of less than 66 feet, the side
yard requirements for single-family dwellings shall be modified in
proportion of the lot width to the required lot width so that one
side yard shall have a width of not less than four feet and the other
side yard shall have a width of not less than eight feet.
[2]
For corner lots, there shall be a yard of not less than 12 feet in
width along the side lot line adjacent to the side street and extending
from the front right-of-way line to the rear line of the lot.
[3]
Where yards have been established to greater or lesser depths or
widths than required by this section, within 300 feet of the premises
for which a building permit is filed, the Zoning Board of Appeals
may vary the yard depth and width requirements so as to be in harmony
with the character of the development of the neighborhood.
F.
Specifications for nontransient multiple-family dwellings and senior
citizen independent living and assisted living apartments.
(1)
(2)
Requirements for senior citizen independent/assisted living apartment
buildings:
A.
Purpose. The purpose of the CBD Central Business District is to provide
for concentration of principally retail and personal service businesses
within short walking distance of each other to serve the needs of
area residents.
B.
Permitted uses.
(1)
Retail sales establishments, including, but not limited to, the following:
(a)
Stores selling groceries, meats, baked goods, and other such
food items.
(b)
Drug stores.
(c)
Stationery, tobacco and newspaper stores and confectionery stores.
(d)
Clothing, millinery and shoe stores.
(e)
General merchandise and variety stores and specialty shops.
(f)
Hardware, appliance, computer, radio and television sales and
service.
(g)
Furniture sales and furniture rental stores.
(h)
Convenience stores without gasoline sales.
(4)
Business and professional offices, including, but not limited to,
the following:
(5)
Indoor recreational, fitness and entertainment businesses, including,
but not limited to, the following:
(6)
Custom printing and photocopying shops.
(7)
Custom shops, including, but not limited to, printing, woodworking,
furniture restoration, reupholstering, and electrical, plumbing and
heating system components, fabrication and sales.
[Amended 11-26-2012 by L.L. No. 4-2012]
(8)
Electrical, heating, plumbing sales and service.
(9)
Assembling, converting, altering, finishing, cleaning, or any other
processing of products, provided that:
(a)
Goods so produced or processed are to be sold at retail, exclusively
on the premises;
(b)
Space used for such purposes shall not occupy more than 20%
of the area devoted to retail sales, shall be clearly incidental to
such retail use and shall be fully concealed from any street;
(c)
Not more than two persons shall be engaged in such production/processing
at any one time.
(10)
Machine tool sales, rental or service.
(11)
Business service establishments, including, but not limited
to, accounting, computer services and repairs, and consulting.
(12)
Banks, credit unions, mortgage company offices and similar financial
businesses.
(13)
Bus stations and taxi cab stations.
(14)
Places of worship.
(15)
Libraries.
(16)
Civic and social clubs/membership clubs and lodges.
(17)
Governmental office and services buildings.
(18)
Fire halls and ambulance buildings.
(19)
Other business uses which, in the opinion of the Zoning Board
of Appeals, are similar in nature and scale to those permitted above.
C.
Permitted accessory uses.
(1)
Off-street parking, loading and unloading facilities, signs, fences
and landscaping subject to the provisions of this chapter.
(2)
Private garages and storage buildings which are necessary to store
any vehicles, equipment or materials on the premises and which are
used in conjunction with a permitted business use.
(3)
Restaurants, cafeterias, swimming pools, newsstands, pharmacies,
barbershops, hairdressers, gift shops, and other personal service
shops for the convenience of guests may be permitted as accessory
uses to hotels or motels. With the exception of an identifying sign
for the restaurant, no external evidence of such internal commercial
activities is permitted.
(4)
Other accessory business uses which, in the opinion of the Zoning
Board of Appeals, are similar in nature and scale to those permitted
above. Accessory furnace buildings are prohibited.
D.
Uses requiring a special permit issued by the Village Planning Board (Subject to special permit use regulations, Article VII).
(1)
Drive-in business.
(2)
Essential services.
(3)
Motor vehicle, boat, and recreational vehicle sales and rentals.
(4)
Motor vehicle repair and motor vehicle service shops.
(5)
Pinball and video arcades.
(6)
Gasoline stations or convenience stores with gasoline sales (with
underground fuel storage tanks only).
(7)
Off-street parking lots as an accessory use.
(8)
Residential
dwelling units.
[Added 3-14-2007 by L.L. No. 2-2007]
(9)
Wineries,
microbreweries, distilleries, cideries and meaderies.
[Added 6-23-2014 by L.L. No. 4-2014]
E.
Other provisions and requirements.
(1)
Buffer strip. Commercial structures shall provide a natural buffer
strip to be perpetually maintained so as to provide visual screening
and separation between commercial and residential uses.
(2)
Refuse containers. Commercial structures shall provide a commercial-type
refuse container on site. Such containers shall be placed on concrete
or stone areas and visually screened and shall provide rodent control.
(3)
Residential lot line. No commercial structure shall be permitted
within 50 feet of the nearest lot line of any residential district.
A.
Purpose. The purpose of the GB General Business District is to provide
for retail and personal service business uses in areas that are more
remotely located from residential neighborhoods, that are less accessible
by foot and that are not in close walking distance of each other.
B.
Permitted uses.
(1)
Preexisting single-family and preexisting two-family dwellings. The
construction of new buildings designed exclusively for residential
use is prohibited. Structures used exclusively for one-family and
two-family residential use at the time of the enactment of this chapter
may be altered or enlarged subject to the provisions of the R-2 District.
(2)
Retail sales establishments, including, but not limited to, the following:
(a)
Stores selling groceries, meats, baked goods, and other such
food items.
(b)
Drugstores.
(c)
Stationery, tobacco and newspaper stores and confectionery stores.
(d)
Clothing, millinery and shoe stores.
(e)
General merchandise and variety stores and specialty shops.
(f)
Hardware, appliance, computer, radio and television sales and
service.
(g)
Furniture sales and furniture rental stores.
(5)
Business and professional offices, including, but not limited to,
the following:
(7)
Custom printing and photocopying shops.
(8)
Custom shops, including, but not limited to, printing, electrical,
heating, plumbing, or woodworking.
(9)
Building supply and farm equipment stores.
(10)
Electrical, heating, plumbing or woodworking sales and services.
(11)
Wholesale establishments, provided that all sales activities
are conducted in a completely enclosed building.
(12)
Commercial greenhouses or nurseries.
(13)
Assembling, converting, altering, finishing, cleaning, or any
other processing of products, provided that:
(a)
Goods so produced or processed are to be sold at retail, exclusively
on the premises;
(b)
Space used for such purposes shall not occupy more than 20%
of the area devoted to retail sales, shall be clearly incidental to
such retail use and shall be fully concealed from any street;
(c)
Not more than two persons shall be engaged in such production/processing
at any one time.
(14)
Machine tool sales, rental or service.
(15)
Commercial storage buildings providing space for rent.
(16)
Business service establishments, including, but not limited
to, accounting, computer services and repairs, and consulting.
(18)
Bus stations and taxi cab stations.
(19)
Medical clinics and medical laboratories for humans only.
(20)
Hospitals and convalescent and nursing homes.
(21)
Funeral homes.
(22)
Motor vehicle, boat and recreational vehicle sales and rental.
(23)
Motor vehicle repair and motor vehicle service shops.
(24)
Farm supplies and/or farm equipment sales.
(25)
Places of worship.
(26)
Governmental offices and service buildings, fire halls and ambulance
buildings, libraries.
(27)
Civic and social clubs/membership clubs and lodges.
(28)
Drive-in businesses (excluding gasoline sales).
(29)
Livestock feed stores/feed mills.
(30)
Adult and child day-care centers.
(31)
Other business uses which, in the opinion of the Zoning Board
of Appeals, are similar in nature and scale to those permitted above.
Accessory furnace buildings are prohibited.
C.
Permitted accessory uses.
(1)
One private attached or detached garage or carport with a maximum
capacity of 800 square feet for the parking of automobiles or storage
of property belonging to residents on the premises occupied by single-family
and two-family dwellings. One private detached garage or carport for
each dwelling on premises for each dwelling in a multiple-family dwellings
for the parking of automobiles or storage of property belonging to
the residents occupying the dwellings. Garages and carports shall
be located to the rear of the front building line of the principal
building and may be located in a side yard with a minimum side yard
setback in compliance with the setback requirements specified in this
chapter.
(2)
Customary accessory structures serving residential uses, including,
but not limited to, private swimming pools, storage buildings, greenhouses,
barbecues and pet shelters/kennels for not more than two pets.
(3)
Gardens for growing produce, herbs and/or flowers for the exclusive
consumption by or use of the occupants of the dwellings on the parcel.
(4)
Yard sales, provided that not more than three such sales shall occur
during one calendar year and that the duration of each such sale not
exceed three consecutive days.
(5)
Off-street parking, loading and unloading facilities, signs, fences
and landscaping subject to the provisions of this chapter.
(6)
Private garages and storage buildings which are necessary to store
any vehicles, equipment or materials on the premises and which are
used in conjunction with a permitted business use.
(7)
Restaurants, cafeterias, swimming pools, newsstands, pharmacies,
barbershops, hairdressers, gift shops, and other personal service
shops for the convenience of guests may be permitted as accessory
uses to hotels and motels. With the exception of an identifying sign
for the restaurant, no external evidence of such internal commercial
activities is permitted.
(8)
Family day care and group family day care (in preexisting residential
dwellings).
(9)
Home occupations and Class A and Class B home businesses (in preexisting
single-family residential dwellings).
(10)
Other accessory business uses which, in the opinion of the Zoning
Board of Appeals, are similar in nature and scale to those permitted
above.
D.
Uses requiring a special permit issued by the Village Planning Board. (Subject to special permit use regulations, Article VII).
(1)
Bed-and-breakfast inns (in preexisting single-family residential
dwellings only).
(2)
Outdoor recreational businesses, including, but not limited to, miniature
golf course, golf driving ranges, tennis courts, volleyball courts,
but excluding the use of motorized vehicles.
(3)
Essential services.
(4)
Pinball and video arcades.
(5)
Gasoline stations/convenience store with gasoline sales (with underground
fuel storage tanks only).
(6)
Veterinarian offices/animal hospitals with indoor facilities only.
(7)
Drive-in
businesses.
[Added 5-10-2010 by L.L. No. 3-2010]
(8)
Wineries,
microbreweries, distilleries, cideries and meaderies.
[Added 6-23-2014 by L.L. No. 4-2014]
E.
Other provisions and requirements.
(1)
Off-street parking, loading and unloading facilities shall be subject
to the provisions of this chapter.
(2)
Buffer strip. Commercial structures shall provide a natural buffer
strip to be perpetually maintained so as to provide visual screening
and separation between commercial and residential uses.
(3)
Refuse containers. Commercial structures shall provide a commercial
type refuse container on site. Such containers shall be placed on
concrete or stone areas and visually screened and shall provide rodent
control.
(4)
Residential lot line. No commercial structure shall be permitted
within 50 feet of the nearest lot line of any residential district.
F.
Specifications.
(1)
Business and other nonresidential uses. The minimum dimensional requirements
for lot size, lot width and lot line setback vary according to the
type of use and are set forth in the Dimensional Requirements Table[2] attached hereto and in the special use permit criteria.
[2]
Editor's Note: Said table is included as an attachment to this chapter.
(2)
Residential uses: limited to alterations or expansion of preexisting
residential dwellings:
(a)
(b)
Exceptions.
[1]
Where a lot has, at the time of the enactment of this chapter, a
width of less than 66 feet, the side yard requirements for single-family
dwellings shall be modified in proportion of the lot width to the
required lot width so that one side yard shall have a width of not
less than four feet and the other side yard shall have a width of
not less than eight feet.
[2]
For corner lots, there shall be a yard of not less than 12 feet in
width along the side lot line adjacent to the side street and extending
from the front right-of-way line to the rear line of the lot.
[3]
Where yards have been established to greater or lesser depths or
widths than required by this section, within 300 feet of the premises
for which a building permit is filed, the Zoning Board of Appeals
may vary the yard depth and width requirements so as to be in harmony
with the character of the development of the neighborhood.
A.
Purpose. The purpose of the LI Light Industrial District is to provide
for light manufacturing, assembly, fabrication and storage facilities
that do not produce excessive noise, noxious odors or dust that would
be detrimental or hazardous to the surrounding community.
B.
Permitted uses.
(1)
Any use of an industrial or agri-industrial nature is permitted which
involves only the processing, assembly, or packaging of previously
manufactured, prepared or refined materials or components, provided
that at no time will such use result in or cause:
(a)
Dust, smoke, smog, observable gas, fumes or odors, or other
atmospheric pollution, objectionable noise, glare or vibration shall
not be discernible beyond the property lines of the industry.
(b)
Hazard of fire or explosion or other physical hazard to any
adjacent building or to any plant growth on any land adjacent to the
site of the uses.
(2)
The following industrial uses are indicative of those that are intended
to be permitted:
(a)
Scientific or research laboratories devoted to research, design
and/or experimentation.
(b)
Administration, educational and other related activities and
facilities in conjunction with a permitted use.
(c)
The manufacture or assembly of electric, electronic, optical
or photographic instruments and devices.
(d)
Light manufacturing, assembly, fabrication or packaging of products
from previously prepared materials and/or previously manufactured
components, such as cloth, plastic, paper, cardboard, leather or precious
or semiprecious metals or stones.
(e)
Precision machining and tool and die manufacturing.
(f)
Custom shops, including, but not limited to, printing, electrical,
heating, plumbing, woodworking, machining, welding and/or metal fabrication,
metal finishing, painting and/or polishing.
(g)
The manufacture, assembly or packaging of pharmaceuticals, medical
supplies, medical devices or cosmetics.
(h)
The warehousing or storage of goods and products, such as building
supplies and materials, farm supplies, fruits and produce and the
like, which may be sold from the premises to the general public. The
bulk storage of fuel, petroleum products, nuclear or radioactive products
and toxic chemicals is explicitly prohibited.
(i)
Administrative and support offices for insurance companies,
banks, telemarketing centers, catalog-order call centers and similar
types of businesses.
(j)
Newspaper and book printers.
(k)
Industrial laundries.
(l)
Self-service storage facilities.
(m)
Motor vehicle repair shops and farm equipment sales and repair
shops.
(n)
Commercial greenhouses and farm and garden supply stores.
(o)
Farm equipment sales and service.
(p)
Food processing, canning and/or packaging, commercial bakeries
(see exceptions under prohibited uses below).
(q)
Storage and/or retail sale of domestic or commercial liquid
or gaseous fuels with aboveground or underground storage tanks.
(s)
Other light industrial uses which, in the opinion of the Zoning
Board of Appeals, are similar in nature and scale to those permitted
above.
D.
E.
Provisions and requirements.
(1)
Residential uses shall be prohibited except for a caretaker's residence
on site.
(2)
All manufacturing, assembly, research, engineering, administration,
storage and other related activities shall be conducted wholly within
enclosed buildings.
(3)
Incidental storage out of doors may be permitted, provided that such
materials are shielded from view from public streets and adjacent
off-street parking areas by fencing, landscaping or other appropriate
measures.
(4)
The architectural treatment and general appearance of all buildings
and grounds shall be in keeping with the purpose of this district
and shall be of such quality and design as to be a visual asset to
the area in which they are located as well as to adjacent development.
(5)
All uses permitted shall set aside not less than 20% of the lot area
to be devoted to seeding, planting, retention of tree cover, or other
landscaping. This area shall be used for no other purposes. This area
shall not be used for industrial, storage, or commercial purposes.
(6)
Each use shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard. Off-street loading facilities shall be subject to the additional provisions of § 254-41 of Article VI of this chapter.
(7)
Industrial structures and outdoor storage areas shall be located
a minimum of 75 feet from any nonindustrial district. A natural buffer
strip shall be placed and maintained so as to provide visual screening
and separation between industrial and nonindustrial uses.
(8)
Each use shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard. Parking areas may be located in any of the required yard areas, provided they are not less than 50 feet from a right-of-way line or 30 feet from any other property line. Off-street parking and off-street loading facilities shall be subject to the additional provisions of §§ 254-40 and 254-41 of this chapter.
G.
Prohibited uses.
(1)
Acetylene gas manufacture.
(2)
Oxygen manufacture.
(3)
Celluloid manufacture.
(4)
Disinfectant or insecticide manufacture.
(5)
Asphalt manufacture or refining.
(6)
Coal, tar or petroleum distillation or processing, including manufacture
or treatment.
(7)
Boiler making.
(8)
Steel furnace manufacture.
(9)
Blooming or rolling mill.
(10)
Soap and detergent manufacture.
(11)
Chlorine or hydrochloric, nitric, picric or sulfuric manufacture
or the manufacture of other hazardous or pesticides.
(12)
Smelting of copper, tin, zinc, lead, bauxite or iron ores.
(13)
Manufacture of fertilizers or explosives or the storage of explosives
in bulk.
(14)
Glue, size or gelatin manufacture where the process includes
the refining or recovery of products from fish or animal refuse or
offal.
(15)
Processing or packaging of fish, meat, dairy products or fermented
foods.
(16)
Rendering of fats and oils.
(17)
Slaughterhouses.
(18)
Food processing.
(19)
Foundries.
(20)
Forging and stamping plants.
(21)
Heavy equipment manufacturing.
(22)
Junkyard/auto wrecking/auto dismantling.
A.
Purpose. The purpose of the I Industrial District is to provide for
manufacturing, assembly and storage facilities of a larger scale nature
than is permitted in the Light Industrial District and to ensure that
these uses will not be detrimental or hazardous to the surrounding
community.
B.
Permitted uses.
(1)
Any use of an industrial or agri-industrial nature is permitted which
involves only the processing, assembly, or packaging of previously
manufactured, prepared or refined materials or components, provided
that at no time will such use result in or cause:
(a)
Dust, smoke, smog, observable gas, fumes or odors, or other
atmospheric pollution, objectionable noise, glare or vibration shall
not be discernable beyond the property lines of the industry.
(b)
Hazard of fire or explosion or other physical hazard to any
adjacent building or to any plant growth on any land adjacent to the
site of the uses.
(2)
The following industrial uses are indicative of those that are intended
to be permitted:
(a)
Scientific or research laboratories devoted to research, design
and/or experimentation.
(b)
Administration, educational and other related activities and
facilities in conjunction with a permitted use.
(c)
The manufacture or assembly of electric, electronic, optical
or photographic instruments and devices.
(d)
Light manufacturing, assembly, fabrication or packaging of products
from previously prepared materials and/or previously manufactured
components, such as cloth, plastic, paper, cardboard, leather or precious
or semiprecious metals or stones.
(e)
Precision machining and tool and die manufacturing.
(f)
Custom shops, including, but not limited to, printing, electrical,
heating, plumbing, woodworking, machining, welding and/or metal fabrication,
metal finishing, painting and/or polishing.
(g)
The manufacture, assembly or packaging of pharmaceuticals, medical
supplies, medical devices or cosmetics.
(h)
The warehousing or storage of goods and products such as building
supplies and materials, farm supplies, fruits and produce, and the
like, which may be sold from the premises to the general public. The
bulk storage of fuel, petroleum products, nuclear or radioactive products
and toxic chemicals is explicitly prohibited.
(i)
Administrative and support offices for insurance companies,
banks, telemarketing centers, catalog-order call centers, and similar
types of businesses.
(j)
Newspaper and book printers.
(k)
Industrial laundries.
(l)
Self-service storage facilities.
(m)
Motor vehicle repair shops and farm equipment sales and repair
shops.
(n)
Commercial greenhouses and farm and garden supply stores.
(o)
Farm equipment sales and service.
(p)
Food processing, canning and/or packaging, commercial bakeries
(see exceptions under prohibited uses below).
(q)
Storage and/or retail sale of domestic or commercial liquid
or gaseous fuels with aboveground or underground storage tanks.
(s)
Other light industrial uses which, in the opinion of the Zoning
Board of Appeals, are similar in nature and scale to those permitted
above.
C.
Permitted accessory uses.
(1)
Private garages and storage buildings which are necessary to store
any vehicles, equipment or materials on the premises and which are
used in conjunction with a permitted use.
(2)
Off-street parking, loading and unloading facilities and signs, fences
and landscaping subject to the provisions of this chapter.
(3)
Other industrial or commercial uses that, in the opinion of the Zoning
Board of Appeals, are incidental to those permitted above.
D.
Uses requiring a special use permit issued by the Village Planning Board. (Subject to special use regulations, Article VII.)
(1)
Telecommunications facilities.
(2)
Storage and sale of domestic or commercial fuels such as propane
and fuel oil.
(3)
Forges/manufacturing involving the stamping or extrusion of materials.
(4)
Heavy equipment manufacturing.
(5)
Outdoor storage yards (as an accessory use only).
(6)
Trucking and freight terminals/delivery service distribution terminals.
(7)
Classrooms and educational facilities, occupancies and uses for courses
above the 12th grade.
[Added 5-11-2004 by L.L. No. 4-2004]
(9)
Essential
services.
[Added 5-10-2010 by L.L. No. 3-2010]
E.
Provisions and requirements.
(1)
Residential uses shall be prohibited except for a caretaker's residence
on site.
(2)
All manufacturing, assembly, research, engineering, administration,
storage and other related activities shall be conducted wholly within
enclosed buildings.
(3)
Incidental storage out of doors may be permitted, provided that such
materials are shielded from view from public streets and adjacent
off-street parking areas by fencing, landscaping or other appropriate
measures.
(4)
The architectural treatment and general appearance of all buildings
and grounds shall be in keeping with the purpose of this district
and shall be of such quality and design as to be a visual asset to
the area in which they are located as well as to adjacent development.
(5)
All uses permitted shall set aside not less than 20% of the lot area
to be devoted to seeding, planting, retention of tree cover, or other
landscaping. This area shall be used for no other purposes. This area
shall not be used for industrial, storage, or commercial purposes.
(6)
Industrial structures and outdoor storage areas shall be located
a minimum of 75 feet from any nonindustrial district. A natural buffer
strip shall be placed and maintained so as to provide visual screening
and separation between industrial and nonindustrial uses.
(7)
Each use shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard. Parking areas may be located in any of the required yard areas, provided they are not less than 50 feet from a right-of-way line or 30 feet from any other property line. Off-street parking and off-street loading facilities shall be subject to the additional provisions of §§ 254-40 and 254-41 of this chapter.
F.
Specifications.
(1)
(2)
Exceptions.
(a)
Chimneys, water tanks and towers, elevators, silos, ventilators and
other accessory industrial facilities are exempt from the fifty-foot
height restriction.
(b)
Industrial uses abutting a residential district shall have a setback
from the residential district boundary line of not less 50 feet. No
parking lot or accessory facilities may be constructed in the setback
area.
G.
Prohibited uses.
(1)
Acetylene gas manufacture.
(2)
Oxygen manufacture.
(3)
Celluloid manufacture.
(4)
Disinfectant or insecticide manufacture.
(5)
Asphalt manufacture or refining.
(6)
Coal, tar or petroleum distillation or processing, including manufacture
or treatment.
(7)
Boiler making.
(8)
Steel furnace manufacture.
(9)
Blooming or rolling mill.
(10)
Soap and detergent manufacture.
(11)
Chlorine or hydrochloric, nitric, picric or sulfuric manufacture
or other hazardous chemicals or materials.
(12)
Smelting of copper, tin, zinc, lead, bauxite or iron ores.
(13)
Manufacture of fertilizers or explosives or the storage of explosives
in bulk.
(14)
Glue, size or gelatin manufacture where the process includes
the refining or recovery of products from fish or animal refuse or
offal.
(15)
Processing or packaging of fish, meat, dairy products or fermented
foods.
(16)
Rendering of fats and oils.
(17)
Slaughterhouses.
[Amended 9-25-2017 by L.L. No. 7-2017]
A.
Purpose. The purpose of the PRD Planned Residential Development District
is to accommodate, in appropriate locations in the Village, multifamily,
two-family and compact single-family residential dwellings intermixed
in new residential developments that are innovatively designed and
laid out and to accommodate development and to repurpose existing
structures for new residential uses.
B.
Location. The Village Board of Trustees may approve rezoning to PRD
Planned Residential District a parcel or group of parcels located
in the AR Agricultural Residential and the R-1 Single-Family Residential
Districts.
C.
Petition for rezoning.
(1)
Petition. The owners of the subject property, or their duly appointed representatives, shall petition the Village Board of Trustees for rezoning of the subject property(ies) to the PRD Planned Residential Development District by submitting five copies of such petition to the Zoning Enforcement Officer. The petition shall be accompanied by a preliminary site plan prepared in accordance with Article X of this chapter.
(2)
Referral to the Village Planning Board. Upon receipt of the five copies of a complete petition and preliminary site plan, such petition and preliminary site plan shall be referred to the Village Planning Board for review and recommendation in accordance with the provisions of § 254-10 of this chapter.
(3)
Village Planning Board recommendation. The Village Planning Board
may, in its report to the Village Board of Trustees, recommend approval,
conditional approval or disapproval of the rezoning and establishment
of the PRD Planned Residential Development District.
(a)
Recommendation for approval. If the recommendation of the Village
Planning Board is for approval, the Village Planning Board shall state
therein how the proposed zoning amendment and development complies
with the intent and objectives of the Village's Comprehensive Plan
and whether or not adequate utility facilities and services exist
or are proposed to be constructed to serve the proposed development.
(b)
Recommendation for conditional approval. If the Village Planning
Board recommends conditional approval contingent on certain conditions
being met to protect the public health, safety, welfare and environment
and to carry out the intent of the Comprehensive Plan, the Village
Planning Board shall enumerate said conditions in its recommendation.
(c)
Recommendation for denial. If the Village Planning Board recommends
denial, such report shall state clearly the reason(s) for such recommendation
and, if appropriate, identify what modifications the petitioner could
make to the proposed development project for the Village Planning
Board to issue a report recommending approval.
D.
Enactment of zoning amendment. After complying with the public hearing requirements, the State Environmental Quality Review (SEQR) regulation requirements and referral of the proposal to the county Planning Board, if required as set forth in § 254-96 of Article VIII of this chapter, the Village Board of Trustees may enact a local law to approve the rezoning of the subject property(ies) conditioned on the subsequent final site plan approval by the Village Planning Board.
E.
Permitted principal uses - new construction.
(1)
Multifamily structures consisting of townhouses, apartments, garden
apartments or similar residential uses. All types of ownership arrangements
may be permitted, including condominium or other ownership structures
that involve both private and common ownership of land, structures
and interior space.
(2)
Compact single-family dwellings.
(3)
Compact two-family dwellings.
F.
General requirements.
(1)
Density of development.
(a)
The permitted maximum residential density for multifamily dwellings
shall not exceed eight dwelling units per acre.
(b)
The Planning Board may approve a site plan for a portion of
the total planned residential development which includes areas of
higher residential density than the permitted maximum, provided that
the overall density for the entire parcel would not be increased beyond
the specified maximum.
(2)
Minimum and maximum parcel size. The minimum parcel size for a planned
residential development shall be five contiguous acres, the maximum
size shall be 50 contiguous acres.
(3)
Frontage. The property must contain at least 66 feet of road frontage.
(4)
Services and utilities.
(a)
The property shall be served by or proposed to be served by
both public water and public sewer services. All sewage and water
facilities shall comply with all applicable state, county and Village
standards and shall be approved by the same prior to the issuance
of a building permit.
(b)
All utilities (sewer, water, electric, natural gas, cable television,
etc.) shall be provided to the dwellings below grade (underground).
(5)
Landscaping and buffer areas. There shall be provided proper landscaping
for screening from adjacent properties and public streets and roads.
(6)
Maintenance of common areas. Where land, structures or interior space
is proposed to be owned in common by the owners of the individual
residences, adequate provisions shall be made in advance of site plan
approval for the continued maintenance of such common areas. All required
legal agreements and approvals shall be in place before final site
plan approval.
G.
Requirements and specifications for multifamily dwellings.
(1)
Setbacks.
|
Front Yard (from ROW)
(feet)
|
Side Yard
(feet)
|
Rear Yard
(feet)
| |
|---|---|---|---|
|
Principal buildings
|
30
|
15
|
30
|
|
Accessory buildings
|
30
|
10
|
10
|
|
NOTE:
|
|
Every multifamily building shall have a minimum setback of 30
feet from every access road, internal road and parking area.
|
(2)
Maximum building height shall be 35 feet and 2 1/2 stories.
(3)
Minimum distance between multifamily buildings shall be 50 feet.
(4)
Apartment buildings shall contain no more than eight dwelling units.
(5)
Townhouse buildings shall contain no more than six dwelling units.
(6)
Minimum habitable floor area requirements.
(8)
Recreation and open space. One area equal to a minimum of 20% of
the total lot area of the multifamily development shall be designated
as a recreational area to be used in common by all residents of the
multifamily development. Such recreational area shall be in addition
to the required setbacks, parking areas, streets, roads and rights-of-way
as otherwise required by this chapter.
(9)
Access.
(a)
Access to the development shall be through a sixty-six-foot-wide
right-of-way dedicated to the Village of Medina or a sixty-six-foot-wide
portion of the multifamily parcel leading to a public road.
(b)
The access road and any internal roads shall be constructed
to the standards for dedicated roads in the Village of Medina. Pavement
shall be 20 feet wide for both the access road and all internal roads
in the development.
(10)
Every exterior wall of a townhouse building must be constructed
with two lateral offsets of at least two feet, with each offset no
closer than 20 feet to the end of the building.
(11)
All stairways to the second story must be located internally
within the building and not exposed to ambient weather conditions.
(12)
Each dwelling unit must have a storage area within the unit
or in the same building of at least 40 square feet and not less than
four feet wide at the smallest dimension.
(13)
Space shall be provided for safe and sanitary storage of solid
waste and refuse. It shall be screened from view of the residents
of the buildings on the parcel and from adjoining parcels, but easily
accessible to residents of the buildings.
H.
Requirements and specifications for single-family and two-family
residential dwellings.
(1)
Size of house lot, dwelling and required setbacks.
(b)
Minimum lot width: 60 feet.
(c)
Minimum depth of lot: 80 feet.
(d)
Maximum lot coverage by a dwelling and all appurtenant structures
shall not exceed 25% of the lot area.
(e)
The minimum floor area of a dwelling, exclusive of any accessory
structure, shall be 575 square feet.
(f)
Front yard setback: 20 feet (from the right-of-way line).
(g)
Side yard setback: 12 feet.
(h)
Rear yard setback: 15 feet.
(i)
Setback from adjacent zoning district boundaries: 60 feet.
(2)
Streets, roads, parking and drainage.
(a)
All access roads to the compact single-family residential development
shall have a pavement width of at least 20 feet, with five-foot shoulders
on each side.
(b)
All internal streets shall have a pavement width of at least
20 feet, with two-foot shoulders on each side. All streets and roads
shall be paved with blacktop or its equivalent. All streets and roads
shall be properly maintained.
(c)
Each house lot shall have provided an off-street parking area
of at least 400 square feet paved with blacktop. In addition, there
shall be provided a paved common parking area for the parking of guests
and accessory vehicles.
(d)
No unlicensed or unregistered motor vehicles, recreational vehicles,
sport vehicles or parts thereof, junk of any nature or description
shall be parked or stored outdoors within the development.
(e)
There shall be adequate drainage to handle runoff of stormwaters
from streets, roads and lots. Such drainage shall not adversely affect
adjacent land owners. All drainage plans shall be prepared by a licensed
engineer.
(3)
Recreation areas and open space. There shall be provided designated
recreational areas of at least 200 square feet for each house lot,
and in no event, less than 5,000 square feet. Such recreational areas
shall not include required yards, roads, streets or parking areas.
(4)
Accessory buildings. Each house lot shall have one accessory building,
which may be preconstructed, not exceeding 100 square feet. Each accessory
building shall be anchored down to a permanent foundation and shall
be located no closer than 10 feet to the side or rear lot lines and
to the rear of the front building line of the principal structure.
(5)
Flooding. No house lot shall occupy an area that is subject to periodic
flooding from water from flows from any adjacent streams, waterways,
drainage swales, or drainage areas and no lot shall be designed so
as to collect or hold standing waters.
(6)
One service structure is permitted for each development. The uses
proposed for such structure shall be specified in the application
for rezoning and approved by the Village Board of Trustees. Such structure
shall be intended primarily to serve residents of the compact residential
development. The parking, setback requirements, etc., shall conform
to the requirements specified in this chapter for the particular use.
I.
Permitted principal uses - existing buildings.
(1)
Conversion of existing structures to multifamily structures. All
types of ownership arrangements may be permitted, including condominium
or other ownership structures that involve both private and common
ownership of land, structures and interior space.
J.
General requirements.
(1)
Services and utilities.
(a)
The property shall be served by or proposed to be served by
both public water and public sewer services. All water and sewage
facilities shall comply with all applicable state, county and Village
standards and shall be approved by the same prior to the issuance
of a building permit.
(b)
All utilities (water, sewer, electric, natural gas, cable television,
etc.) shall be provided to the development below grade (underground)
wherever possible.
(2)
Landscaping and buffer areas. If necessary, as determined by the
Village of Medina Planning Board, there shall be provided proper landscaping
for screening from adjacent properties and public streets and roads.
(3)
Maintenance and common areas. Where land, structures or interior
space is proposed to be owned in common by the owners of the individual
residences, adequate provisions shall be made in advance of site plan
approval for the continued maintenance of such common areas. All required
legal agreements and approvals shall be in place before final site
plan approval.
(6)
Recreation and open space. One exterior area of the development shall
be designated as a recreation area to be used in common by all residents
of the multifamily development. Such recreation area shall be in addition
to required parking areas.
(7)
All stairways to upper stories must be located internally within
the building and not exposed to ambient weather conditions.
(8)
Each dwelling unit must have a storage area within the unit or in
the same building of at least 40 square feet and not less than four
feet wide at the smallest dimension.
(9)
Space shall be provided for safe and sanitary storage of solid waste
and refuse. It shall be screened from view of the residents of the
building on the parcel and from adjoining parcels but easily accessible
to residents of the building.
(10)
All internal streets and drives shall have a pavement width
of at least 20 feet, with two-foot shoulders on each side. All streets
and drives shall be paved with asphalt or its equivalent. Streets
and drives shall be properly maintained.
(11)
No unlicensed or unregistered motor vehicles, recreational vehicles,
sport vehicles or parts thereof, junk of any nature or description
shall be parked or stored outdoors within the development.
(12)
There shall be adequate drainage to accommodate runoff of stormwaters
from streets, drives and parking lots. Such drainage shall not adversely
affect adjacent land owners. All drainage plans shall be prepared
by a licensed engineer.
(13)
One service structure is permitted for each development. The
uses proposed for such structure shall be specified in the site plan
application.
A.
Purpose. The purpose of the MR Maple Ridge Road Overlay District
is to provide for superior design and aesthetics along Maple Ridge
Road, a major highway bordering and serving the Village of Medina.
These regulations are intended to supplement the underlying zoning
regulations to provide for harmony, continuity and aesthetically pleasing
development along Maple Ridge Road.
B.
All uses require site plan approval. All principal, accessory, and
special uses permitted in the underlying zoning district shall be
permitted in the Maple Ridge Road Overlay District, except that all
uses in the Maple Ridge Overlay District shall:
C.
General landscaping requirements.
(1)
A minimum ground area of not less than 10% of the total area to be
developed shall be the landscaped area required.
(2)
The arrangements and location of a landscaped area shall be dispersed
through the development site so as to prevent unsightliness and monotony
of parked cars.
(3)
Landscape treatments shall be designed as an integral part of the
entire development.
(4)
Vegetation shall be compatible with soil conditions on the development
and the regional climate.
(5)
Existing natural features and vegetation shall be preserved and incorporated
in the landscaped area. The primary emphasis shall be on preserving
and integrating into the site design existing trees to the extent
feasible. The preservation of existing trees shall be encouraged.
(6)
Trees shall be planted throughout the developed area at a ratio of
one tree per every 10 parking spaces, with a minimum of six trees
for any site. Trees may be spaced evenly or clustered. Acceptable
trees shall be limited to those trees listed on the Maple Ridge Corridor
District Tree List. This list is available from the office of the
Village Clerk. Substitution of plant material may be approved by the
Village Planning Board.
(7)
The use of plastic or other types of artificial plantings or vegetation
is prohibited.
(8)
All required planting shall be maintained by the property owner in
a healthy and productive condition and shall be routinely examined
and replaced as necessary.
(9)
All utility services shall be underground.
(10)
Permanent outside storage or sales areas shall be screened or
buffered so as to be in harmony with the building design and the appearance
of the development.
D.
Landscaping requirements for parking lots.
(1)
No less than 5% of the interior of a parking lot area designated
for 10 cars or more shall be devoted to the required landscape area.
(2)
Each interior landscaped area shall be at least 100 square feet in
area.
(3)
Each interior landscaped area shall be contain at least one approved
tree.
(4)
Off-street loading areas, where visible from a public street, must
be arranged so as to be screened from view from such public street
by wooden, rock or masonry fences at least eight feet high. All refuse
storage areas shall be completely surrounded by wooden, brick or masonry
fences at least eight feet high.
E.
Parking space and parking lot requirements.
(1)
There shall be at least five parking spaces for every 1,000 gross
square feet of building area. The Village Planning Board may approve
a reasonable reduction of the number of parking spaces required for
a project if it can be demonstrated to the satisfaction of the Village
Planning Board that such a reduction will not create overflow parking
problems, will not adversely impact on the access roads and that the
additional space not required for parking will be used for landscaping
or open space within the site.
(2)
Right-angle parking is preferred. Each parking module consisting
of the length of a parking space, the drive aisle and the second length
of a parking space shall be a minimum of 62 feet wide. Each parking
space shall be a minimum of 10 feet wide. The Village Planning Board
may waive or modify the parking dimension requirements to allow angle
parking.[1]
(3)
All requirements providing for handicap parking shall be met.
F.
Specifications.
(1)
Minimum setback requirements.
(a)
All buildings shall be set back not less than 75 feet from the
street right-of-way line. This seventy-five-foot setback area shall
be landscaped with grass, trees and shrubs and shall be curbed. No
parking or parking lots shall be permitted in this area. Pedestrian
circulation, utility facilities and accessways shall be allowed in
this area.
(b)
All buildings shall be set back not less than 20 feet from the
side and rear lot lines and not less than 50 feet from the lot line
of any residential district.
(c)
Parking areas shall be separated from adjoining properties by
a yard with a width of no less than five feet.
A.
The Village Planning Board may approve a special use permit for manufactured
home parks in the MH Manufactured Home Park Overlay District, provided
the following standards and provisions are maintained:
(1)
MANUFACTURED HOME LOT
MANUFACTURED HOME PARK
MANUFACTURED HOME STAND
SERVICE BUILDING
SEWER CONNECTION
SEWER RISER PIPE
WATER CONNECTION
WATER RISER PIPE
WATER SERVICE PIPE
Definitions. Unless the context otherwise requires, the following
definitions shall be used in the interpretation and administration
of this section:
A lot within a manufactured home park for the placement of
a single manufactured home and for the exclusive use of its occupants.
Any site, lot, field, plot, parcel or tract of land on which
two or more or group of manufactured homes are parked or located and
are occupied or intended for occupancy on the premises, and for which
either the said premises or manufactured home is offered to the public
for a fee of any type, and includes the rental of the premises and/or
the manufactured home.
That part of a manufactured home lot which has been reserved
for the placement of the manufactured home and appurtenant structures
and/or additions.
A structure housing sanitary, operational, office recreational,
maintenance and other facilities within a manufactured home park.
Pipes, fittings and appurtenances from the drain outlet of
the manufactured home to the inlet of the corresponding sewer riser
pipe of the sewer system that services the manufactured home park.
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at a designated point at each
manufactured home lot.
All pipes, fittings and appurtenances from the water riser
pipe to the water inlet pipe of the distribution system within the
manufactured home.
That portion of the water service pipe which extends vertically
to the ground elevation and terminates at a designated point of each
manufactured home lot.
Consists of all pipes, fittings, valves and appurtenances
from the water main of the manufactured home park distribution system
to the water outlet of the distribution system within the manufactured
home park.
(2)
General site conditions.
(a)
Conditions of soil, groundwater level, drainage and topography
shall not create hazards to the property of the health or safety of
the occupants. The site shall not be exposed to objectionable smoke,
noise, odors or other adverse influences, and no portion subject to
unpredictable and or sudden flooding, subsidence or erosion shall
be used for any purpose which would expose persons or property or
hazards.
(b)
Exposed ground surfaces in all parts of every manufactured home
park shall be paved or covered with stone screenings or other solid
material or protected with a vegetative growth that is capable of
preventing soil erosion and of eliminating objectionable dust.
(c)
The ground surface in all parts of every manufactured home park
shall be graded and equipped to drain all surface water in a safe,
efficient manner.
(d)
No part of any manufactured home park shall be used for nonresidential
purposes, except as permitted by this section or this chapter.
(e)
Nothing contained in this section shall be deemed as prohibiting
the sale of a manufactured home located on a manufactured home stand
and connected to the pertinent utilities.
(3)
Dimensional requirements for manufactured home parks:
(a)
The minimum parcel size for a manufactured home park shall be
10 acres.
(b)
All manufactured homes shall be located at least 40 feet from
any manufactured home park boundary line that abuts upon a public
street or highway and at least 20 feet from other manufactured home
boundary lines.
(c)
There shall be a minimum distance of 15 feet between an individual
manufactured home and adjoining pavement of a manufactured home park
walkway, sidewalk, street or common parking area or other common areas.
(d)
All manufactured home parks shall be provided with screening,
such as attractive and well-maintained fences or natural growth along
the property boundary line separating the manufactured home park from
adjacent uses.
(4)
Lot and area requirements.
(a)
No lot in any manufactured home park shall be less than 60 feet
wide and have less than 7,200 square feet of total area, exclusive
of easements and rights-of-way. No structure or manufactured home
or any part thereof shall be located on any lot closer to any front
lot line than 25 feet, or any side lot line than 15 feet nor to any
rear lot line than 20 feet.
(b)
Tapered lots occurring along curvilinear roads and culs-de-sac
shall have an average lot width of 60 feet. The "average lot width"
is defined as the sum of the lengths of the front and back lot lines
divided in half. In no case, however, shall the front lot width on
such tapered lot be less than 35 feet. The minimum requirements for
the total area and yard dimensions as hereinabove stated shall apply
to such tapered lots.
(c)
Any accessory structure which covers an area exceeding 25 square
feet and is attached to a manufactured home or is located within 10
feet of a window in such manufactured home and has an opaque top or
roof that is higher than the nearest window shall be considered a
part of the manufactured home for the purpose of determining its distance
from lot lines.
(5)
Recreation areas.
(a)
In all manufactured home parks that accommodate or are designed
to accommodate five or more manufactured homes, there shall be one
or more recreation areas which shall be easily accessible to all park
residents.
(b)
The combined size of such recreation areas shall be based upon
a minimum of 350 square feet per manufactured home lot. No outdoor
recreation area shall be smaller than 5,000 square feet of area.
(c)
Recreation areas shall be so located as to be free of traffic
hazards and should, where the topography permits, be centrally located.
(d)
Playground equipment shall be installed in each required recreation
area.
(6)
Street system.
(a)
All manufactured home parks shall be provided with safe and
convenient vehicular access from abutting public streets or roads
to each manufactured home lot. Alignment and gradient shall be properly
adopted to topography.
(b)
Access to manufactured home parks shall be designed to minimize
congestion and hazards at the entrances and exists and allow free
movement of traffic on adjacent streets. The entrance road connecting
the streets in the manufactured home park with a public street or
road shall have a minimum road pavement width of 34 feet, where parking
is permitted on both sides, or a minimum road pavement width of 27
feet, where parking is limited to one side. Where the primary entrance
road is more than 100 feet long and does not provide access to abutting
manufactured home lots within such distance, the minimum road pavement
width may be 24 feet, provided parking is prohibited on both sides.
(c)
Internal surfaced roadways shall be of adequate width to accommodate
anticipated traffic and in any case shall meet the following minimum
requirements:
[1]
All streets, except minor streets, shall have a width of 24
feet.
[2]
Minor streets with no parking shall have a width of 18 feet.
This is acceptable only if the street is less than 500 feet long and
serves fewer than 25 manufactured homes or of any length if the street
is one-way and provides access to abutting manufactured home lots
on one side only.
[3]
Dead-end streets shall be limited in length to 1,000 feet and
shall be provided at the closed end with a turnaround having an outside
roadway diameter of at least 60 feet.
(7)
Street illumination. All manufactured home parks shall be furnished
with lighting units so spaced and equipped with luminaries placed
at such mounting heights as will provide the following average of
maintained levels of illumination for the safe movement of pedestrians
and vehicles at night:
(8)
Street construction design standards.
(a)
All streets shall be provided with a smooth, hard and dense
surface which shall be durable and well drained under normal use and
weather conditions. Pavement edges shall be protected to prevent raveling
of the wearing surfaces and shifting of the pavement base. Street
surfaces shall be maintained free of cracks, holes, and other hazards.
(b)
Grades of all streets shall be sufficient to ensure adequate
surface drainage but be not more than 8%. Short runs with a maximum
grade of 10% may be permitted, provided that traffic safety is assured
by appropriate paving, adequate leveling areas and avoidance of lateral
curves.
(c)
Streets shall be at approximately right angles within 100 feet
of an intersection. A distance of at least 150 feet shall be maintained
between center lines of offset intersecting streets. Intersections
of more than two streets at one point shall be avoided.
(9)
Off-street parking.
(a)
Off-street parking areas shall be provided in all manufactured
home parks for the use of park occupants and guests. Such areas shall
be furnished at the rate of at least 1 1/4 parking spaces for
each manufactured home lot.
(b)
Required parking spaces shall be so located as to provide convenient
access to the manufactured home, but shall not exceed a distance of
200 feet from the manufactured home that it is intended to serve.
(c)
Each manufactured home lot shall have not less than two off-street
parking spaces. Such parking spaces shall be connected to the entrance
of the manufactured home by a paved sidewalk having a minimum width
of 36 inches.
(10)
Walkways.
(a)
All manufactured home parks shall be provided with safe, convenient,
all-season, dust-free pedestrian access of adequate width for intended
use, durable and convenient to maintain, between individual manufactured
park homes, the streets and all community facilities provided for
the residents of the manufactured home park. Sudden changes in alignment
and gradient shall be avoided.
(b)
A common walk system separated from the road system by a minimum
of two feet shall be provided and maintained between locations where
pedestrian traffic is concentrated. Such common walks shall have a
minimum width of 3 1/2 feet.
(c)
All manufactured home lots shall be connected to common walks,
to paved streets or to paved driveways or parking spaces connecting
to a paved street. Such individual walks shall have a minimum width
of two feet.
(11)
Landscaping. Trees and shrubs shall be provided along all walks
and streets, around recreation areas and along the outer property
line of the manufactured home park. Trees shall be planted at an interval
of not less than 50 feet where feasible.
(12)
Manufactured home stands. The area of the manufactured home
stand shall be improved to provide adequate foundation for the placement
and tie-down of the manufactured home, thereby securing the superstructure
against uplift, sliding, rotation or overturning.
(a)
The manufactured home stand shall not heave, shift or settle
unevenly under the weight of the manufactured home or due to frost
action, inadequate drainage, vibration, or other forces acting on
the superstructure. The manufactured home stand shall be either drilled
piers, trench footers or concrete slabs in accordance with the specifications
hereinafter set forth:
[1]
Such drilled piers shall be constructed of cast-in-place concrete
having a minimum load-carrying capacity of 3,000 pounds per square
inch; be a diameter of not less than 12 inches; be a depth of not
less than 42 inches; and be spaced at intervals of not more than eight
feet and centered on the manufactured home rails.
[2]
Such trench footers shall be constructed of cast-in-place concrete
having a load-carrying capacity of not less than 3,000 pounds per
square inch; be a width of not less than 16 inches; be a depth of
not less than 42 inches and be spaced at intervals of not more than
eight feet and be of sufficient length to accommodated the width of
the manufactured home rails.
[3]
Such concrete slabs shall be constructed of cast-in-place concrete
having a thickness of not less than six inches and shall be placed
on top of cast-in-place concrete footer constructed along the entire
perimeter of the concrete slab and shall have a width of not less
than 12 inches and a below-grade depth of not less than 42 inches.
(b)
The manufactured home stand shall be provided with anchors and
tie-downs such as cast-in-place "dead men," eyelets imbedded in concrete
foundations or runways, sore augurs, arrowhead anchors or other devices
to secure the stability of the manufactured home.
(c)
Anchors and tie-downs shall be placed at least at each corner
of the manufactured home stand, and each shall be capable of sustaining
a minimum tensile strength of 2,800 pounds.
(13)
Water supply.
(a)
An accessible, adequate, safe and potable supply of water shall
be provided in each manufactured home park. Where a public water supply
of satisfactory quantity, quality and pressure is available, connection
shall be made thereto and its supply used exclusively. When a satisfactory
public water supply is not available, a private water supply system
may be developed and used as approved by the New York State Department
of Health.
(b)
Source of private water supply:
[1]
The water supply shall be capable of supplying a minimum of
150 gallons per day per manufactured home.
[2]
Every well or suction line of the water supply system shall
be located and constructed in such manner that neither underground
nor surface contamination will reach the water supply from any source.
The following minimum distance between wells and various sources of
contamination shall be required:
|
Contamination Source
|
Distance from Well or Suction Line
(feet)
| |
|---|---|---|
|
Building sewer
|
50
| |
|
Septic tank
|
50
| |
|
Disposal field
|
100
| |
|
Seepage pit
|
100
| |
|
Dry well
|
50
| |
|
Cesspool
|
150
|
[3]
No well-casings, pumping machinery or suction pipes shall be
placed in any pit, room or space extending below ground level nor
in any room or space above the ground which is walled in or otherwise
enclosed, unless such rooms, whether above or below ground, have free
drainage to the surface of the ground.
[4]
The treatment of private water supply shall be in accordance
with applicable New York State laws and regulations.
(c)
Storage facilities. All water storage reservoirs shall be covered
watertight and constructed of impervious material. Overflows and vents
of such reservoirs shall be effectively screened. Manholes shall be
constructed with overlapping covers so as to prevent the entrance
of contaminated material. Reservoir overflow pipes shall discharge
through an acceptable air gap.
(d)
Distribution system.
[1]
The water supply system of the manufactured home park shall
be connected by pipes to all manufactured homes, buildings and other
facilities requiring water.
[2]
All water piping, fixtures and other equipment shall be constructed
and maintained in accordance with state and local regulations and
requirements and shall be of a type and in locations approved by the
health authority.
[3]
The water piping system shall not be connected with nonpotable
or questionable water supplies and shall be protected against the
hazards of backflow or back siphonage.
[4]
The system shall be designed and maintained as to provide a
pressure of not less than 20 pounds per square inch under normal operating
conditions at service buildings and other locations requiring potable
water.
(e)
Water risers.
[1]
Individual water riser pipes shall be located within the confined
area of the manufactured home stand at a point where the water connection
will approximate a vertical position.
[2]
Water riser pipes shall extend at least four inches above the
ground elevation. The inside pipe diameter shall be at least 3/4 of
an inch.
[3]
Adequate provisions shall be made to prevent freezing of service
lines, valves and riser pipes and to protect risers from heaving and
thawing actions of the ground during freezing weather. Surface drainage
shall be diverted from the location of the riser pipe.
[4]
A shutoff valve below the frost line shall be provided near
the water pipe riser on each manufactured home lot.
[5]
Underground stop and waste valves shall not be installed on
any water service.
(14)
Sewage disposal.
(a)
An adequate and safe sewage system shall be provided in all
manufactured home parks for conveying and disposing of all sewage.
Such system shall be designed, constructed and maintained in accordance
with state and local laws.
(b)
All sewer lines shall be located in trenches of sufficient depth
to be free of breakage from traffic or other movements and shall be
separated from the park water supply system at a safe distance. Sewers
shall be at a grade which will ensure a velocity of two feet per second
when flowing. All sewer lines shall be constructed of materials approved
by the New York State Health Department, shall be adequately vented
and shall have watertight joints.
(c)
Sewer connections.
[1]
Each manufactured home stand shall be provided with at least
a four-inch diameter sewer riser pipe. The sewer riser pipe shall
be so located on each stand that the sewer connection to the manufactured
home drain outlet will approximate a vertical position.
[2]
The sewer connection shall have a normal inside diameter of
at least three inches, and the slope of any portion thereof shall
be at least 1/4 inch per foot. The sewer connection shall consist
of one pipeline only without any branch fittings. All joints shall
be watertight.
[3]
All materials used for sewer connections shall be semi-rigid,
corrosive-resistant, nonabsorbent and durable. The inner surface shall
be smooth.
[4]
Provision shall be made for plugging the sewer riser pipe when
a manufactured home does not occupy the lot. Surface drainage shall
be diverted away from the riser. The rim of the riser pipe shall extend
at least four inches above the ground elevation.
(d)
Treatment and discharge. Where the sewer lines of the manufactured
home park are not connected to a public sewer, all proposed sewage
disposal facilities shall be approved by the New York State Health
Department prior to construction. Effluents from sewage treatment
facilities shall not be discharged into any waters of New York State,
except with prior approval of the New York State Department of Health.
(15)
Electrical distribution.
(a)
General. Every park shall contain an electrical wiring system
consisting of wiring, fixtures, equipment and appurtenances which
shall be installed and maintained in accordance with codes and regulations
governing such systems.
(b)
Power distribution lines.
[1]
Main power lines not located underground shall be suspended
at least 18 feet above the ground. There shall be a minimum horizontal
clearance of three feet between overhead wiring and any manufactured
home, service building or other structure.
[2]
All direct-burial conductors or cable shall be buried at least
18 inches below the ground surface and shall be insulated and specially
designed for the purpose. Such conductors shall be located not less
than one foot of radial distance from water, sewer, gas or communication
lines.
(c)
Electrical connections.
[1]
Each manufactured home lot shall be provided with an approved
disconnecting device and overcurrent protective equipment. The minimum
service per outlet shall be 120/240 volts AC, 50 amperes.
[2]
Outlet receptacles at each manufactured home stand shall be
located not more than 25 feet from the overcurrent protective devices
in the manufactured home, and a three-hole, four-wire grounding type
shall be used. Receptacles shall be of weatherproof construction,
and configurations shall be in accordance with American Standard Outlet
Receptacle C-73.1.
[3]
The manufactured home shall be connected to the outlet receptacle
by an approved type of flexible cable with connectors and a male attachment
plug.
[4]
Where the calculated load of the manufactured home is more than
50 amperes, either a second outlet receptacle shall be installed.
(d)
Grounding. All exposed non-current-carrying metal parts of manufactured
homes and all other equipment shall be grounded by means of an approved
grounding conductor with branch circuit conductors or other approved
method of grounded metallic wiring. The neutral conductor shall not
be used as an equipment ground for manufactured homes or other equipment.
(16)
Community service facilities.
(b)
Every manufactured home park shall be provided with the following
emergency sanitary facilities: For each 100 manufactured home lots,
there shall be one flush toilet, one lavatory and one shower for each
sex. The building containing such emergency sanitary facilities shall
be accessible to all manufactured homes. Such facilities and the structure
housing the same shall be constructed and operational not later than
30 days following the occupancy of each 100 lots in any such park.
(c)
Structural requirements.
[1]
All portions of the structure shall be properly protected from
damage by ordinary uses and by decay, corrosion, termites and other
destructive elements. Exterior portions shall be of such materials
and be so constructed and protected as to prevent entrance or penetration
of moisture and weather.
[2]
All rooms containing sanitary or laundry facilities shall:
[a]
Have sound-resistant walls extending to the ceiling
between male and female sanitary facilities. Walls and partitions
around showers, bathtubs, lavatories and other plumbing fixtures shall
be constructed of dense, nonabsorbent, waterproof material or covered
with moisture-resistant material.
[b]
Have at least one window or skylight facing directly
to the outdoors. The minimum aggregate gross area of windows for each
required room shall be not less than 10% of the floor area served
by them.
[c]
Have at least one window which can be easily opened
or a mechanical device which will adequately ventilate the room.
[d]
Toilets shall be located in separate compartments
equipped with self-closing doors. Shower stalls shall be of the individual
type. The rooms shall be screened to prevent direct view of the interior
when the exterior doors are open.
[4]
Hot and cold water shall be furnished to every lavatory, sink,
bathtub, shower and laundry fixture and cold water shall be furnished
to every water closet and urinal.
(d)
Cooking shelters, barbecue pits, fireplaces and wood-burning
stoves shall be so located constructed, maintained and used as to
avoid fire hazards and smoke nuisance both on the property on which
used and on neighboring property. No open fire shall be left unattended.
No fuel shall be used and no material burned which emits dense smoke
or objectionable odors. No refuse shall be burned at any time.
(17)
Garbage, rubbish and refuse.
(a)
The storage, collection and disposal of refuse in the manufactured
home park shall be so conducted as to create no health hazards, rodent
harborage, insect breeding areas, accident or fire hazards or air
pollution.
(b)
All refuse shall be stored in flytight, watertight, rodent-proof
containers, which shall be located not more than 150 feet from any
manufactured home lot. Containers shall be provided in sufficient
number and capacity to properly store all refuse.
(c)
Refuse collection stands shall be provided for all refuse containers.
Such container stands shall be so designed as to prevent containers
from being tipped, to minimize spillage and container deterioration
and to facilitate cleaning around them.
(d)
All refuse containing garbage shall be collected at least twice
weekly. Where suitable collection service is not available from municipal
or private agencies, the manufactured home park operator shall provide
this service. All refuse shall be collected and transported in covered
vehicles or covered containers.
(e)
Where municipal or private disposal service is not available,
the manufactured home park operator shall dispose of the refuse by
transporting it to the Village disposal site.
(f)
Refuse incinerators shall be operated only when attended by
some person specifically authorized by the owner or operator of the
manufactured home park.
(18)
Insect and rodent control.
(a)
Grounds, buildings and structures shall be maintained free of
insect and rodent harborage and infestation. Extermination methods
and other measures to control insects and rodents shall conform to
the requirements of the New York State Department of Health and the
Orleans County Department of Health.
(b)
Parks shall be maintained free of accumulations of debris, which
may provide rodent harborage or breeding places for flies, mosquitoes
and other pests.
(c)
Storage areas shall be so maintained as to prevent rodent harborage.
Lumber, pipe and other building materials shall be stored at least
one foot above the ground.
(d)
Where the potential for insect and rodent infestation exists,
all exterior openings in or beneath any structure shall be appropriately
screened with wire mesh or other suitable materials.
(e)
The growth of brush, weeds and grass shall be controlled to
prevent harborage of ticks, chiggers and other noxious insects. Parks
shall be so maintained as to prevent the growth of ragweed, poison
ivy, poison oak, poison sumac and other noxious weeds considered detrimental
to health. Open areas shall be maintained free of heavy undergrowth
of any description.
(19)
Fuel supply and storage.
(a)
Natural gas system.
[1]
Natural gas piping systems shall be installed and maintained
in accordance with applicable codes and regulations governing such
systems.
[2]
Each manufactured home lot provided with piped gas shall have
an approved manual shutoff valve installed upstream of the gas outlet.
The outlet shall be equipped with an approved cap to prevent accidental
discharge of gas when the outlet is not in use.
(b)
Liquefied petroleum gas systems.
[1]
Liquefied petroleum gas systems shall be installed and maintained
in accordance with applicable codes and regulations governing such
systems.
[2]
Systems shall be provided with safety devices to relieve excessive
pressures and shall be arranged so that the discharge terminates at
a safe location.
[3]
Systems shall have at least one accessible means for shutting
off gas. Such means shall be located outside the manufactured home
and shall be maintained in effective operating condition.
[4]
All liquefied petroleum gas piping outside of the manufactured
home shall be well supported and protected against mechanical injury.
Undiluted liquefied petroleum gas in liquid form shall not be conveyed
through piping equipment and systems in manufactured homes.
[5]
Liquefied petroleum gas containers installed on a manufactured
home lot shall be securely but not permanently fastened to prevent
accidental overturning. Such containers shall not be less than 12
nor more than 60 United States gallons' gross capacity.
[6]
No liquefied petroleum gas vessel shall be stored or located
inside or beneath any storage cabinet, carport, manufactured home
or any other structure, unless such installation is approved by the
health authority.
(c)
Fuel oil supply systems.
[1]
All fuel oil supply systems shall be installed and maintained
in accordance with applicable codes and regulations governing such
systems.
[2]
All piping from outside fuel storage tanks or cylinders to manufactured
homes shall be permanently installed and securely fastened in place.
[3]
All fuel oil storage tanks or cylinders shall be securely fastened
in place and shall not be located inside or beneath any manufactured
home or less than five feet from any manufactured home exit.
[4]
Storage tanks located in areas subject to traffic shall be protected
against physical damage.
(20)
Fire prevention.
(a)
The manufactured home area shall be subject to fire prevention
ordinances which may be adopted by the Village.
(b)
Manufactured home parks shall be kept free of litter, rubbish
and other flammable materials.
(c)
Portable fire extinguishers of a type approved by the fire prevention
authority shall be kept in service buildings and at all other locations
designated by such fire prevention authority and shall be maintained
in good operating conditions.
(d)
Fires shall be made only in stoves, incinerators and other equipment
intended for such purposes.
(e)
Fire hydrants.
[1]
Fire hydrants shall be installed if the park water supply system
is capable of serving them in accordance with the following requirements:
[a]
The water supply system shall permit the operation
of a minimum of two one-and-one-half-inch hose streams.
[b]
Each of two nozzles, held four feet above the ground,
shall deliver at least 75 gallons of water per minute at a flowing
pressure of at least 30 pounds per square inch at the highest elevation
point of the park.
[2]
Fire hydrants, if provided, shall be located within 500 feet,
measured along or through roads or other open public areas, of any
manufactured home, service building or other structure of the park.
(21)
Responsibilities of park management.
(a)
The person to whom a license for a manufactured home park is
issued shall operate the park in compliance with this section and
regulations issued hereunder and shall provide adequate supervision
to maintain the park, its facilities and equipment in good repair
and in a clean and sanitary condition.
(b)
The park management shall notify park occupants of all applicable
provisions of this section and inform them of their duties and responsibilities
under this section and regulations issued hereunder.
(c)
The park management shall supervise the placement of each manufactured
home on its manufactured home stand, which includes securing its stability
and installing all utility connections.
(d)
The park management shall maintain a register containing the
names of all park occupants. Such register shall be available to any
authorized person inspecting the park.
(e)
The park management shall notify the State Health Department
immediately of any suspected communicable or contagious disease within
the park.
(22)
Responsibilities of park occupants.
(a)
The park occupants shall comply with all applicable requirements
of this section and regulations issued hereunder and shall maintain
their manufactured home lots, facilities and equipment in good repair
and in a clean and sanitary condition.
(b)
The park occupant shall be responsible for proper placement
of his manufactured home on its manufactured home stand and proper
installation of all utility connections in accordance with the instruction
of the park management.
(c)
No owner or person in charge of a dog, cat or other pet animal
shall permit it to run at large or to commit any nuisance within the
limits of any manufactured home lot.
(23)
Conditions required prior to occupancy. A manufactured home
shall not be occupied for dwelling purposes unless it is properly
placed on a manufactured home stand and connected to water, sewerage
and electrical utilities.
(24)
License required. It shall be unlawful for any person to construct,
alter or extend any manufactured home park within the Village of Medina
or to locate a manufactured home therein without a valid license issued
by the Zoning Enforcement Officer. Licenses are issued and valid for
a twelve-month period, but may be renewed as provided for in this
section.
(25)
Preexisting manufactured home parks. Manufactured home parks
operating under a valid license issued prior to the effective date
of this chapter may continue to operate under the terms of such license
until the expiration of such license. Before renew of the license,
such manufactured home park shall be brought into compliance with
the provisions of this section.
(26)
License application requirements.
(a)
All applications for licenses or for renewal of licenses shall
be submitted to the Zoning Enforcement Officer and shall contain the
following:
[1]
The name and address of the applicant; if the applicant is a
partnership, the names and addresses of the partners; and if the applicant
is a corporation, the names and addresses of the officers and directors.
[2]
The name and address of the owner of the property.
[3]
A copy of a current lease agreement between the applicant and
the owner of the property if the applicant is not the property owner.
[4]
The location and legal description of the manufactured home
park.
[5]
Plans and specifications for the water supply and refuse and
sewage disposal facilities to be constructed, altered or extended
within the manufactured home park.
[6]
Plans and specifications for all buildings to be constructed,
altered or extended within the manufactured home park.
[7]
All applications for licenses or renewals or licenses shall
be accompanied by application fee which shall be set from time to
time by a resolution of the Village Board of Trustees.
(b)
Upon review of the application and evidence that the manufactured
home park meets the minimum requirements of the New York State Department
of Health and subject to the Village Planning Board approving a special
use permit, the Zoning Enforcement Officer shall issue or renew a
license when a review of the application and inspection of the site
demonstrates that the proposed or existing manufactured home park
satisfies the requirements of this chapter and any provisions imposed
by the Village Planning Board as conditions to the approval of the
special use permit.
(27)
Inspections.
(a)
The Zoning Enforcement Officer is hereby authorized and directed
to make such inspections as are necessary to determine satisfactory
compliance with this chapter.
(b)
The Zoning Enforcement Officer shall have the power to enter
at reasonable times upon any private or public property for the purpose
of inspecting and investigating conditions relating to the enforcement
of this chapter.
(c)
The Zoning Enforcement Officer shall have the power to inspect
the register containing a record of all residents of the manufactured
home park.
(28)
Revocation of licenses. Any license for a manufactured home
park may be revoked when it is found to be in violation of the provisions
of this section.[1]
(a)
Should the Zoning Enforcement Officer find a violation of any
provision of this chapter or the special use permit, the Zoning Enforcement
Officer shall give notice, in writing, to the licensee, that unless
such violations are corrected within 10 days, the license shall be
revoked.
(b)
If, at the end of the 10 days, a further inspection reveals
that the violation(s) have not been corrected, the Zoning Enforcement
Officer shall revoke the license and give notice of such revocation,
in writing, to the licensee. Upon notice of revocation, the licensee
shall cease operation of the manufactured home park.
(29)
Appeals.
(a)
Petition. Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this section
or of any regulation adopted pursuant thereto may request and shall
be granted a hearing on the matter before the Village Board of Trustees,
provided such person shall file in the office of the Village Clerk
a written petition to request such hearing and setting forth a brief
statement of the grounds therefore within 10 days after the notice
was served. The filing of the request for a hearing shall operates
as a stay of the notice and suspension, except in the case of an order
issued in accord with Subsection F of this section. Upon receipt of
such petition, the Village Board of Trustees shall set a time and
place for such hearing and shall give the petitioner written notice
thereof.
(b)
Hearing. At such hearing, the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
The hearing shall be held not later than 10 days following the day
on which the petition was filed, provided that, upon application of
the petitioner, the governing body may postpone the date of the hearing
for a reasonable time beyond such ten-day period when, in the judgment
of the governing body, the petition has submitted good and sufficient
reasons for such postponement.
(c)
Order of the Village Board of Trustees. After such hearing,
the Village Board of Trustees shall make findings as to compliance
with the provisions of this section and regulations issued hereunder
and shall issue an order to sustain, modify or withdraw the notice
of violation, which shall be served in writing on the petitioner.
Upon failure to comply with any order sustaining or modifying the
notice of violation within 10 days following the service of said order,
the license of the manufactured home park affected by the order shall
be revoked.
(30)
Emergency conditions. Whenever the Zoning Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health, the Zoning Enforcement Officer may, without notice or hearing, issue an order reciting the existence of such emergency and require that such action be taken as the Zoning Enforcement Officer may deem necessary to address or remedy the emergency, including the suspension of the license. Notwithstanding any other provisions of this section, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Village Board of Trustees, shall be afforded a hearing as soon as its is practicable for the Village Board of Trustees to schedule such hearing. The provisions of Subsection A(29) of this section shall be applicable to such hearing and the order issued thereafter.
(31)
Higher standards to prevail. In any case where a provision of
this section is found to be in conflict with a provision of any other
ordinance or code of the Village of Medina existing on the effective
date of this section, the provision which establishes the higher standard
shall prevail.
An Adult Entertainment Business Overlay District is hereby established in portions of the Light Industrial District as identified on the Zoning Map. All such uses shall require a special use permit and shall comply with the provisions of Chapter 55, Adult Businesses, of the Code of the Village of Medina.
A.
Purpose. The purpose of the WDO Waterfront Development Overlay District
is to enable property owners to take advantage of the Erie Canal and
Glenwood Lake as tourist generators by allowing for the development
of tourist and tourist-related businesses on property that abuts or
is in close proximity to the Erie Canal or Glenwood Lake.
C.
Permitted accessory uses. All accessory uses permitted by the underlying
zoning district, subject to the requirements of the underlying zoning
district.
D.
Conditional uses requiring a special use permit:
(1)
Any use allowed with a special use permit in the underlying zoning
district.
(2)
Hotels and motels.
(3)
Campgrounds.
(5)
Restaurants other than drive-in and fast food restaurants.
(6)
Boat marinas, boat rental businesses and charter boat services.
(7)
Public or semipublic tourist facilities, such as rest rooms, information
centers, museums, places of public assembly.
(8)
Neighborhood businesses and professional offices that are enhanced
by a waterfront location and proximity to water-dependent uses, including,
but not limited to, the following:
(9)
Other uses as determined by the Village Planning Board to be consistent
with the intents and purpose of this section.
F.
Dimensional specifications. Dimensional specifications are stated
in the requirements of the underlying zoning district, unless specific
requirements area included in the criteria for individual special
use permit uses.
A.
Purpose. It is hereby declared as a matter of public policy that
the protection, enhancement and perpetuation of landmarks, buildings,
properties and historic districts is necessary to promote the economic,
cultural, educational and general welfare of the public. In as much
as the identity of a people is founded on its past, and in as much
as the Village of Medina has many significant landmarks, buildings
and properties as well as historic, architectural and cultural resources
which constitute its heritage, the purpose of this section is to preserve
historic and architecturally significant structures and sites within
the Village of Medina by establishing historic preservation districts
and identifying historic and architecturally significant landmarks,
buildings and properties in order to:
(1)
Protect and enhance landmarks, buildings and properties significant
to the historic and cultural heritage of the Village of Medina.
(2)
Stabilize and improve property values.
(3)
Foster civic pride in the accomplishments of the past.
(4)
Strengthen the economy of the Village of Medina.
(5)
Promote educational and cultural opportunities for the inhabitants
of the Village of Medina.
(6)
Protect and enhance historic landmarks, buildings and properties
to promote tourism for the stimulus and support thereby provided to
local business.
(7)
Ensure the harmonious, orderly and efficient growth and development
of the Village of Medina.
B.
ALTERATION
BUILDING
BUILDING PERMIT
CERTIFICATE OF APPROPRIATENESS
EXTERIOR FEATURE
HISTORIC PRESERVATION DISTRICT
(1)
(2)
(3)
LANDMARK
(1)
(2)
(3)
(4)
(5)
LANDMARK AND HISTORIC PRESERVATION DISTRICT MAP
LANDMARK SITE
MATERIAL CHANGE OF APPEARANCE
(1)
(2)
(3)
(4)
(5)
STRUCTURE
STYLES OF ARCHITECTURE
(1)
(2)
(3)
(4)
(5)
(6)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any act or process which changes one or more of the exterior
architectural features or elements of a structure designated as a
landmark or any structure or building in an historic preservation
district.
A structure wholly or partially enclosed within exterior
walls, or within exterior or party walls and a roof, affording shelter
to persons, animals or property.
A permit issued by the Code Enforcement Officer which is
necessary before any work may be started which will occasion a material
change in the use or appearance of a landmark or a structure or a
site within an historic preservation district.
A document evidencing approval by the Village of Medina Planning
Board of a proposal to make a material change of appearance, which
document must be obtained before a building permit may be issued.
The Village Board of Trustees shall, from time to time, establish
by resolution a fee for such certificate.
The design and general arrangement of the exterior of a structure
open to view from a public way, public property or any exterior element
of a public building, including kind, color and texture of building
materials, number, proportion, type and spacing of windows, doors,
walls, roofs, murals, projections and signs. Exterior features shall
also include all earthworks, sidewalks, driveways, fences, trees,
landscaping and other features visible from a public way, public property
or any part of a public building.
An area which contains landmarks, structures and or sites
which:
Cause such area, by reason of such factors, to constitute a
distinct section of the Village of Medina.
Have special character or special historical or aesthetic interest
or value.
Represent one or more periods or styles of architecture typical
of one or more eras in the history of the Village of Medina.
Any place, structure or building of historical value or aesthetic
interest by reason of its antiquity or uniqueness of architectural
design or as part of the development, heritage or cultural characteristics
of the Village, and which meets the criteria for listing on the New
York State and or National Register of Historic Places, and which
is deemed worthy of preservation by reason of its value to the Village
of Medina as:
One of the few remaining examples of a past architectural style
that embodies the characteristics of said style; or
An example of the work of a designer who has significantly influenced
an age; or
An outstanding example of a structure or site representative
of its era; or
A place where an historical event of significance to the Village
of Medina, the region, state or the nation or representative activity
of a past era took place or any structure or site which has a special
character, special historical or aesthetic interest and value as part
of the development, heritage and cultural characteristics of the Village
of Medina; or
A unique location or singular physical characteristic which
represents an established and familiar visual feature of a neighborhood
or area.
A map to be prepared and maintained by the Building Department,
identifying the location of all landmarks, landmark sites and historic
preservation districts.
A parcel on which is situated a landmark, and which may include
all structures, features or archaeological resources within the parcel
boundary and any abutting parcel or part thereof constituting part
of the premises on which the landmark is situated.
Includes:
Any change in the appearance of a structure or land.
Change, reconstruction or alteration of the size or external
appearance of a structure or site.
Demolition of part or all of a structure.
Commencement of excavation.
Commencement of or change in the location of advertising on
the external part of any structure.
Any assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
Style recognized by one of the following organizations:
The National Register of Historic Places.
The Historic American Buildings Survey.
The Historic American Engineering Record, U.S. Department of
the Interior, National Parks Service.
The Bureau of Historic Preservation Field Services, New York
State Office of Parks, Recreation and Historic Preservation.
The National Trust for Historic Preservation.
The Society of Architectural Historians.
C.
Administration. This section shall be administered by the Village
of Medina Planning Board.
D.
Historic preservation districts established. The following historic
preservation districts are established:
(1)
The Main Street District. All those structures abutting the east
and west sides of Main Street, bounded on the south by the railroad
tracks and on the north by the intersection of Main Street and Eagle
Street; all those structures abutting the north and south sides of
Center Street, bounded on the west by West Avenue and on the east
by Church Street; and those structures abutting the east side of Proctor
Place, bounded on the north by Pearl Street and on the south by Center
Street.
E.
Powers and duties.
(1)
The Village Planning Board shall have the powers and duties granted
herein in this subsection and shall have the power to recommend places,
sites, structures or buildings for designation as landmarks, historic
preservation districts or as additions to an existing historic preservation
district, subject to the approval of the Village Board of Trustees.
(2)
In addition, the Village Planning Board shall have the power to retain
consultants, including, but not limited to, technical experts, engineers,
architects and historians to advise in the preparation of any plans
or projects to fulfill the duties of this section. Any contract to
retain such consultants, which involves the expenditure of Village
funds, shall be subject to the approval of the Village Board of Trustees.
The Village Planning Board shall also have the power to retain such
consultants as part of an applicants site plan or permit review, the
cost of which shall be paid by the applicant.
(3)
The Village Planning Board shall also draft rules necessary for the
conduct of its business subject to this section.
(4)
The Village Planning Board shall adopt criteria for the identification
of significant historic, architectural and cultural landmarks and
for the delineation of historic preservation districts.
(5)
The Village Planning Board may, in the course of its duties, conduct
surveys of significant historic, architectural and cultural landmarks
and historic preservation districts.
(6)
The Village Planning Board shall increase public awareness of the
value of historic, cultural and architectural preservation by developing
and participating in public education programs.
(7)
The Village Planning Board shall make recommendations to Village
government concerning the utilization of state, federal or private
funds to promote the preservation of landmarks and historic preservation
districts within the Village of Medina.
(8)
The Village Planning Board may recommend acquisition of historic
properties by the Village government where its preservation is essential
to the purposes of this section and where private preservation is
not possible.
(9)
The Village Planning Board shall approve or disapprove applications
for certificates of appropriateness pursuant to this section.
F.
Meetings.
(1)
Frequency of meetings. The Village Planning Board shall meet at least
monthly to conduct the business of this section, but meetings may
be held at any time on written request of any two Village Planning
Board members or on the call of the Chairman or the Mayor.
(2)
Quorum. For the transaction of the business of this section, not
less than a majority of the full-authorized Board membership shall
constitute a quorum.
G.
Designation of landmarks.
(1)
Upon recommendation of the Village Planning Board, the Village Board of Trustees may designate an individual property, structure, building or site as a landmark if it meets the definition of a "landmark" set forth in Subsection B of this section.
(2)
Notice of the proposed designation shall be sent by certified mail,
at least 10 days prior to a hearing, to the owner of the property
proposed for designation, describing the property proposed and announcing
a public hearing by the Village Planning Board to consider the designation.
Notice shall also be published once in the official newspaper of the
Village of Medina at least 10 days prior to the hearing. Once the
Village Planning Board has issued notice of a proposed designation,
no building or demolition permits shall be issued by the Code Enforcement
Officer until the Village Board of Trustees has made its final decision.
(3)
The Village Planning Board shall hold a public hearing prior to recommendation
for designation of any landmark. The Village Planning Board, property
owners and any interested parties may present testimony or documentary
evidence at the hearing which will become part of a record regarding
the historic, cultural or architectural importance of the proposed
landmark. The record may also contain staff reports, public comments
or other evidence offered outside of the hearing.
(4)
Notification of landmark designation.
(a)
Within 10 days of a public hearing to consider recommendation
for landmark designation, the Village Planning Board shall notify
the owner of its decision by certified mail. Such notification shall
list all obligations the owner shall adhere to regarding the landmark
designation status.
(b)
The Village Planning Board shall then submit the landmark designation
recommendation and the property record to the Village Board of Trustees.
The Village Board of Trustees shall hold a public hearing to consider
granting landmark status at a duly constituted meeting with proper
notice. The Board shall then either accept or deny the landmark status
based upon previous proceedings and the property record. Upon acceptance
of the property as a landmark, the Village Board of Trustees shall
order the landmark designation to be recorded at the Village Clerk's
office.
(c)
Upon recording of said landmark designation, the owner has the
obligation to conform to the terms imposed by this section.
(d)
The recording of said landmark designation at the Village Clerk's
office binds not only the parties thereto but their heirs, grantees
and successors in interest.
(5)
Requests for landmark designation. The Village Planning Board may initiate recommendation of a property for landmark status or the owner of any property may apply for landmark status by making a written request with a duly authorized signature to the Village of Medina Village Planning Board that such property be considered for landmark status. The request by the property owner shall include documentation that the property meets the criteria for designation. Upon determination that the request is complete, the Village Planning Board shall then hold a public hearing to consider the proposed designation and proceed as per Subsection G of this section with all required review, recommendation and notification.
H.
Designation of historic preservation districts.
(1)
Upon recommendation of the Village Planning Board, the Village Board of Trustees may designate a group of properties as an historic preservation district if the proposed district meets the definition of an "historic preservation district" as set forth in Subsection B of this section.
(2)
The Village Planning Board shall specify in detail the boundaries
of any proposed historic preservation district. Notice of a proposed
designation shall be sent by certified mail, at least 10 days prior
to a hearing, to the owner of any property included in such proposal,
describing the property proposed and announcing a public hearing by
the Village Planning Board to consider the designation. Notice shall
also be published once in the official newspaper of the Village at
least 10 days prior to a hearing.
(3)
The Village Planning Board shall hold a public hearing prior to recommendation
for designation of any district. The Village Planning Board, property
owners and any interested parties may present testimony or documentary
evidence at the hearing which will become part of a record regarding
the historic, architectural or cultural importance of the proposed
historic preservation district. The record may also contain staff
reports, public comments or other evidence offered outside of the
hearing.
(4)
The Village Planning Board shall notify, by certified mail, the owner
of any property located in a proposed historic preservation district
that the Village Planning Board has found the area worthy to be recommended
for designation as an historic preservation district.
(5)
The Village Planning Board shall then make a written recommendation
to the Village Board of Trustees. The Village Board of Trustees shall
then hold a public hearing to consider the recommendation at a duly
constituted meeting with proper notice. The Board shall then either
accept or deny the historic preservation district status based upon
previous proceedings and the record presented at the public hearing.
(6)
If accepted, detailed specifications of the boundaries of the historic
preservation district so designated shall be filed in the Village
Clerk's office.
I.
Certificate of appropriateness required. No person shall carry out
any exterior alteration, restoration, reconstruction, demolition,
new construction, painting or moving of a landmark, building or property
within an historic preservation district, or any designated landmark
not within an historic preservation district, nor shall any person
make any material change in the appearance of such property, its light
fixtures, signs, sidewalks, fences, steps, paving or other exterior
elements visible from a public street or alley which affect the appearance
and cohesiveness of the historic preservation district or designated
landmark without first obtaining a certificate of appropriateness
from the Village of Medina Village Planning Board.
J.
Criteria for approval of a certificate of appropriateness.
(1)
In passing upon an application for a certificate of appropriateness,
the Village Planning Board shall not consider changes to interior
spaces.
(2)
The Village Planning Board's decision shall be based on the following
principles:
(a)
Architectural features that contribute to the character of historic
buildings and properties that contribute to the character of the historic
preservation district shall be retained, with their historic features
altered as little as possible.
(b)
Any alteration of existing properties shall be compatible with
their historic character, as well as the surrounding district or area.
(c)
New construction shall be compatible with the district in which
it is located.
(3)
In applying the principle of compatibility, the Village Planning
Board shall consider the following factors:
(a)
The general design, character and appropriateness to the property
of the proposed alteration or new construction.
(b)
The scale of proposed alteration or new construction in relation
to the property itself, surrounding properties and the neighborhood.
(c)
Texture, materials and color and their relation to the property
itself, surrounding properties and the neighborhood.
(d)
Visual compatibility with surrounding properties, including
proportion of the property's front facade, proportion and arrangement
of windows and other openings within the facade, roof shape and the
rhythm of spacing of properties on streets, including setback.
(e)
The importance of historic, architectural or other features
to the significance of the property.
K.
Application procedure for a certificate of appropriateness.
(1)
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such a certificate
with the Code Enforcement Officer who shall immediately forward the
application to the Village Planning Board. The application shall contain:
(a)
The name, address and telephone number of the applicant.
(b)
The location and photographs of the property.
(c)
Elevation drawings of proposed changes, if applicable.
(d)
Perspective drawings, including relationship to adjacent properties,
if applicable.
(e)
Samples of materials and or colors to be used.
(f)
Where the proposal includes signs or lettering, a scale drawing
showing the type of lettering to be used, all dimensions and colors,
description of materials to be used, method of illumination, if applicable,
and a plan showing the sign's location on the property.
(g)
Any other information which the Village Planning Board may deem
necessary in order to visualize the proposed work.
(2)
No zoning permit, building permit or demolition permit shall be issued
for such proposed work until a certificate of appropriateness has
first been issued by the Village Planning Board. The certificate of
appropriateness required by this section shall be in addition to and
not in lieu of any zoning, building or demolition permit that may
be required by any other local law of the Village of Medina.
(3)
The Board shall approve, deny or approve with modifications the application
for the certificate of appropriateness within 45 days of receipt of
a complete application. Any such application shall be deemed received
for purposes of this section when a complete application is first
presented to a duly called meeting of the Village Planning Board.
The Village Planning Board may hold a public hearing on the application
at which all persons interested in the application shall be heard.
(4)
All decisions of the Village Planning Board shall be in writing.
A copy shall be sent to the applicant by certified mail and a copy
filed in the Village Clerk's office for public inspection. The Village
Planning Board's decision shall state the reasons for denying or modifying
any application.
L.
Criteria for relief due to hardship.
(1)
An applicant whose certificate of appropriateness for a proposed
demolition has been denied may apply for relief to the Village Planning
Board on the ground of hardship. In order to prove the existence of
hardship, the applicant shall establish that:
(a)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
(b)
The property cannot be adapted for any other use, whether by
the current owner or by a purchaser, which would result in a reasonable
return; and
(c)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(2)
An applicant whose certificate of appropriateness for a proposed
alteration has been denied may apply to the Village Planning Board
for relief on the ground of hardship. In order to prove the existence
of hardship, the applicant shall establish that the property is incapable
of earning a reasonable return, regardless of whether that return
represents the most profitable return possible.
M.
Hardship application procedure.
(1)
After having received written notification from the Village Planning
Board of the denial of a certificate of appropriateness, an applicant
may commence the hardship process. The applicant shall file a petition
seeking relief due to hardship, stating the grounds for such relief,
within 20 days of the date of the mailing of the decision from which
the applicant seeks relief. Such application shall be heard at the
next regular meeting of the Village Planning Board; provided, however,
that the applicant for good cause shown maybe granted reasonable postponements
to prepare for such hearing. No building permit or demolition permit
shall be issued unless the Village Planning Board makes a finding
that a hardship exists.
(2)
The Village Planning Board may hold a public hearing on the hardship
application at which an opportunity will be provided for proponents
and opponents of the application to present their views. Notice of
such public hearing shall be published in the official newspaper of
the Village at least 10 days prior to such hearing.
(3)
The applicant shall consult in good faith with the Village Planning
Board, local preservation groups and interested parties in a diligent
effort to seek an alternative that will result in preservation of
the property.
(4)
All decisions of the Village Planning Board shall be in writing.
A copy shall be sent to the applicant by certified mail and a copy
filed in the Village Clerk's office for public inspection. The Village
Planning Board's decision shall state the reasons for granting or
denying the hardship application. If the application is granted, the
Village Planning Board shall approve only such work as is necessary
to alleviate the hardship.
N.
Enforcement. All work performed pursuant to a certificate of appropriateness
issued under this section shall conform to any requirements included
therein. It shall be the duty of the Code Enforcement Officer to inspect
periodically any such work to assure compliance. In the event that
work is found that is not being performed in accordance with the certificate
of appropriateness, or upon notification of such fact by the Village
Planning Board, the Code Enforcement Officer shall issue a stop-work
order, and all work shall immediately cease. No further work shall
be undertaken on the project as long as the stop-work order is in
effect. It shall be the duty of the Code Enforcement Officer to enforce
all provisions of this section.
O.
Maintenance and repair required.
(1)
Nothing in this section shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
landmark or a property within an historic preservation district, which
does not involve a change in design, color, material or outward appearance.
(2)
No owner or person with an ownership interest in real property designated
as a landmark or included within an historic preservation district
shall permit the property to fall into a serious state of disrepair
so as to result in the deterioration of any exterior architectural
feature which would in the judgment of the Village Planning Board,
produce a detrimental effect upon the character of the historic preservation
district as a whole or the life and character of the property itself.
(3)
Examples of such deterioration include:
(a)
Deterioration of exterior walls or other vertical supports.
(b)
Deterioration of roofs or other horizontal members.
(c)
Deterioration of exterior chimneys.
(d)
Deterioration or crumbling of exterior stucco or mortar.
(e)
Deterioration of exterior paint.
(f)
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows and doors.
(g)
Deterioration of any feature so as to create a hazardous condition
that could lead to the claim that demolition is necessary for the
public safety.
P.
Historic property exemption.
(1)
In order to encourage alteration and rehabilitation that will result
in the preservation of designated historic properties, the Village
of Medina will delay the imposition of new property taxes attributable
to such improvements. Historic property shall be exempt from taxation
to the extent of any increase in value attributable to such alteration
or rehabilitation pursuant to the following schedule:
|
Year of Exemption
|
Percent of Exemption
| |
|---|---|---|
|
1 through 5
|
100%
| |
|
6
|
80%
| |
|
7
|
60%
| |
|
8
|
40%
| |
|
9
|
20%
| |
|
10
|
0%
|
(2)
No such exemption shall be granted for such alterations or rehabilitation
unless:
(a)
Such property exists within a designated historic preservation
district or has been designated as a landmark.
(b)
Alterations or rehabilitation must be made for means of historic
preservation.
(c)
Such alterations or rehabilitation of historic property must
meet the requirements and review standards of this section.
(d)
Such alterations or rehabilitation of historic property are
approved by the Village Planning Board prior to commencement of work.
(3)
Such exemption shall be granted only by application of the owner
or owners of such historic real property on a form prescribed by the
Village Clerk. The application shall be filed with the Village Clerk
to assess property for taxation on or before the appropriate taxable
status date of the Village.
(4)
Such exemption shall be granted where the Code Enforcement Officer is satisfied that the applicant is entitled to an exemption pursuant to this section. The Code Enforcement Officer shall approve such application, and such property shall thereafter be exempt to the extent mentioned in Subsection P(1) of this section from Village of Medina taxation and special ad valorem levies above as herein provided commencing with the assessment roll prepared on the basis of the taxable status date referred to in Subsection P(3) above. The assessed value of any exemption granted pursuant to this section shall be entered by the Village Clerk on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.
Q.
Civil proceedings. Any person who demolishes, alters, constructs
or permits a designated property to fall into a serious state of disrepair
in violation of this section shall be required to restore the property
and its site to its appearance prior to the violation. Any action
to enforce this subsection shall be brought by the Village Attorney.
This civil remedy shall be in addition to and not in lieu of any criminal
prosecution and penalty.
R.
Appeals. Any person aggrieved by a decision of the Village Planning Board relating to hardship or a certificate of appropriateness under this § 254-37 may, within 15 days of the filing of the decision in the Village Clerk's office, file a written application with the Village Board of Trustees for review of the decision. Reviews shall be conducted based on the same record that was before the Village Planning Board and using the same criteria. After review, the Village Board of Trustees may reverse or affirm or modify and affirm the action of the Village Planning Board.
S.
Mural
regulations.
[Added 2-22-2021 by L.L. No. 1-2021]
(1)
Purpose
and intent: The purpose of this subsection is to set forth the Village
of Medina requirements regarding the establishment, permitting and
location or exterior murals in a way that promotes original works
of art while preserving the natural historic architectural features
of buildings in the Downtown Historic District, fostering a positive
community identity and appearance and attracting tourism in the Village
of Medina.
(2)
BUILDING
DISREPAIR
GRAFFITI
HISTORIC PRESERVATION DISTRICT
(a)
(b)
(c)
MURAL
STRUCTURE
Definitions.
As used in this subsection, the following terms shall have the meanings
indicated:
For the purpose of this chapter and section only, any structure
built for the support, shelter, or enclosure of persons, animals,
or movable property of any kind.
Poor condition of a mural, building or structure due to neglect;
this is to include but not be limited to peeling, cracking, fading,
graffiti and building repairs.
Writing or drawings scribbled, scratched, or sprayed illicitly
on a wall or other surface in a public place.
An area which contains landmarks, structures and or sites
which:
Cause such area, by reason of such factors, to constitute a
distinct section of the Village of Medina.
Have special character, special historical or aesthetic interest
or value.
Represent one or more periods or styles of architecture typical
of one or more eras in the history of the Village of Medina.
A visual depiction and/or works of art including mosaic,
painting, fresco, or graphic art technique applied, painted or placed
directly onto the exterior of any wall of a building or structure.
Such depictions shall not contain words, logos, emblems, trademarks
or other similar devices which identify or advertise any product,
service or business. A mural shall not be considered an accessory
or nonaccessory sign; a mural shall comply with the applicable standards
set forth in the following chapter and sections.
Anything constructed with a fixed location, including, but
not limited to, walls, fences, bridges and billboards.
(3)
Design
standards:
(a)
Murals shall be an original work of art.
(b)
Murals shall be designed and constructed under the supervision of
a qualified artist/muralist or other qualified professional who has
sufficient knowledge in the design and execution of such projects,
as well as with the application of the selected medium.
(c)
Murals must exhibit excellence in design, content, material, and
application while incorporating high-quality materials that will enhance
the overall development and appearance of the site.
(d)
Murals materials shall be securely attached to the building or structure
to which it is applied.
(e)
Mural materials shall be durable and weather-resistant to prevent
premature deterioration or other unintended change in appearance.
(f)
Mural materials must be appropriate for its outdoor location and
climate, with special considerations for longevity, and if possible
graffiti-resistant.
(g)
Murals must stay within the confines of the building or structure
and must not protrude outside or above the height of any building
or structure.
(h)
Mural materials used may be, but are not limited to, paint and other
artistic mediums such as tile or mosaic.
(i)
Mural design, location, scale and content should be in keeping with
and enhance the building, wall, windows, fence or other surface on
which it is located, as well as the local environment, and mural imagery
shall be appropriate for viewing by all audiences.
(j)
Window openings with glass panes may not be covered over by any mural
nor may any window pane be removed to be replaced with wood and/or
brick to be painted over to accommodate such a mural.
(k)
No murals may be placed over any exhaust vents.
(l)
The mural artist's signature may appear, provided that it is not
so prominent as to detract from the mural display.
(4)
Prohibitions:
(a)
Murals shall not be applied to any surface that was unlawfully established.
(b)
Murals shall not be on any sandstone or any other type of natural
stone.
(c)
Murals shall not obscure or detract from the significant architectural
features of the said structure or have an adverse effect on adjacent
properties or facing properties, nor shall the building's architecture
be altered to accommodate any mural.
(d)
Murals shall not compromise the proper function of any building or
use or diminish public safety.
(e)
Murals shall not contain logos, emblems or trademarked symbols.
(f)
Murals shall not include commercial text or products displaying,
mimicking or construed as symbolizing a specific brand.
(g)
Murals shall not incorporate recognized signs of hatred or discrimination
against any race, color, sex, age, national origin, disability, religion,
ancestry, marital status, familial status, gender identity or expression,
or sexual orientation.
(h)
Murals shall not consist of any reproduction, copy or mass- produced
work of visual art of any type.
(i)
Murals shall be located in a manner that is visually and physically
accessible to the public.
(j)
No murals may consist of, or contain, electrical or mechanical components,
or changing images (moving structural elements, flashing or sequential
lights, lighting elements, or other automated methods that result
in movement, the appearance of movement, or change of mural image
or message, not including static illumination turned off and back
on not more than once every 24 hours).
(5)
Vintage
or original art murals:
(a)
Any vintage original art mural installed prior to the effective date
of this subsection shall have legal preexisting nonconforming status
until such time the existing mural is either removed or replaced with
another, at which time the new mural must follow the current regulations
set forth.
(6)
Schedule:
(a)
All murals must be completed within six months of the final design
application approval. In the event that a mural is not completed within
the six-month time frame, it is at the discretion of the Code Enforcement
Officer to either grant an extension or cancel the existing permit.
A one-time request for an extension of an additional 60 days may be
granted if a renewal form is filed with the Code Enforcement Officer
along with the appropriate fee. In the event that the work is not
completed or an extension is not granted, the unfinished work will
be covered over by the artist and/or owner, who shall incur all associated
expenses.
(7)
Maintenance:
(a)
Routine maintenance of an artwork becomes the responsibility of the
building owner where the artwork is located. As part of the contractual
requirements, the artist shall develop a maintenance program in cooperation
with the building owner or manager for the proper long-term care of
the artwork.
(b)
if, for whatever reason, the mural fails into disrepair, the building
owner will be notified in writing and required to make necessary repairs
within 30 days.
(8)
Application
process:
(a)
An application must be obtained from the Code Enforcement Officer.
(b)
A signed permission form is required from the building owner.
(d)
All documents must be turned in to the Code Enforcement Officer,
with the appropriate fee, who will then submit to the Village of Medina
Planning Board for approval. Documents must be deemed as complete
and submitted at least 10 days prior to the Planning Board meeting.
(e)
Color pictures or renderings of the proposed mural must be submitted.
(9)
Decommissioning.
(a)
When a mural is at the end of its life span, or if mural is to be
removed without a replacement mural, the surface of the building or
structure must be restored and repainted with appropriate colors to
the Historic Preservation District, which must be approved in advance
by the Village of Medina Planning Board. Upon such approval, a certificate
of appropriateness will be issued, after which time work may begin.
(10)
Penalties for offenses.
(a)
Any person, firm, corporation or group who violates, disobeys, neglects
or refuses to comply with any provision of this subsection, including
any terms or requirements stipulated by the Village Planning Board
as conditions issued by such Board or any terms or requirements stipulated
by the Village Board of Trustees as conditions on any murals authorized
by such Board, shall be guilty of an offense, and upon conviction
thereof, shall be subject to a fine not less than $125 and not more
than $250 per day as long as the violation exists.
T.
Building
facade lighting standards.
[Added 2-22-2021 by L.L. No. 2-2021]
(1)
Purpose
and intent.
(a)
All exterior up-light illumination design proposals, including but
not limited to landscape lighting, in-ground, and all similar sources
of lighting, shall be subject to review and approval of the Village
Planning Board.
(b)
Structures having symbolic (i.e., churches and/or public buildings)
or historical significance in the community may be considered for
illumination.
(c)
An illumination design proposal shall be submitted where an outdoor
lighting plan is required for all new outdoor lighting installations
or other types of projects as necessary.
(2)
Plan
content. An outdoor lighting plan shall include at least the following:
(a)
Manufacturer specification sheets, cut sheets or other manufacturer-provided
information for all proposed outdoor lighting fixtures to show fixture
diagrams and light output levels.
(b)
The proposed location, mounting height and aiming point of all outdoor
lighting fixtures.
(c)
If building elevations are proposed for illumination, drawings for
all relevant building elevations showing the fixtures, the portions
of the elevations to be illuminated, the luminance level of the elevations,
and the aiming point for any remote light fixture,
(3)
Additional
information.
(a)
If needed to review the proposed outdoor fighting fixture installation,
the Planning Board may require additional information following the
initial outdoor lighting plan submittal, including a written narrative
to demonstrate the objectives of the lighting, photometric data, and
other descriptive information on the fixtures, computer-generated
photometric grid showing foot-candle readings every 10 feet within
the property or site and 10 feet beyond the property lines (an iso
footcandle contour line style plan may be acceptable) and/or landscaping
information to describe potential screening.
(4)
Exterior
up-light illumination requirements. All exterior up-light illumination
shall meet the following provisions:
(a)
Lighting fixtures shall be shielded and directed onto the building
facade. Lighting fixtures shall not be directed toward adjacent streets,
roads or properties.
(b)
Lighting fixtures mounted on the building and designed to "wash"
the facade with light are recommended.
(c)
To the extent practicable, lighting fixtures shall be directed downward
(i.e., below the horizontal) rather than upward.
(d)
The use of RGB, color-changing LED lights, and color filters are
prohibited.
(e)
Color temperature of all lighting shall fall in the range of 2,700
K to 3,000 K max.
(f)
Applicant shall provide all necessary specifications for both the
proposed fixture and installation, as well as a rendering illustrating
the proposed illumination in context.
(5)
Facades
of buildings without symbolic or historical significance may be illuminated
if approved by the Village Planning Board subject to the following
criteria and meeting the performance standards contained in this section.
(6)
In
applying the principle of compatibility, the Village Planning Board
shall consider the following factors:
(a)
The general design, character and appropriateness to the property
of the proposed lighting.
(b)
The scale and effect of proposed lighting in relation to the property
itself, surrounding properties and the neighborhood.
(c)
Visual compatibility with surrounding properties, including proportion
of the property's front facade and general character of the building.
(d)
The importance of historic, architectural or other features to the
proposed lighting design.
(e)
The Village Planning Board reserves the right to require substantial
design alterations to the lighting designs that it deems to be inconsistent
with the design guidelines or is otherwise inappropriate to the general
aesthetic character of the neighborhood.
[Added 8-28-2007 by L.L. No. 4-2007]
A.
Purpose. The purpose of the MSO Medical Services Overlay District
is to allow the development of health care facilities in the vicinity
of the existing hospital to provide expanded services to the residents
of the Village of Medina and the surrounding area.
C.
Permitted accessory uses.
(1)
All accessory uses permitted in the underlying zoning district, subject
to the requirements of the underlying zoning district.
D.
Conditional uses requiring a special use permit.
F.
General development standards.
(1)
The design of improvements and landscaping along the boundaries of
the overlay district should be visually harmonious and functionally
compatible with adjoining residential areas. Extensive parking areas,
service areas and other features likely to have adverse effects on
surrounding property due to noise, lights and view shall be screened
against impact on the surrounding properties.
(2)
Landscaping shall provide screening between properties with visual,
noise and air quality factors considered. Trees to be planted shall
include both deciduous and coniferous species in adequate density
and design to provide year round benefit of such plantings. Trees
shall be of numerous species to minimize the impact and spread of
disease.
(3)
Exterior wall surfaces of buildings shall be of masonry, wood, glass
or metal or a combination of these materials. Exterior wall facings
and mansard roofs shall not include asbestos or corrugated metal products.
Any side or rear wall facing a street, residential property or semipublic
area shall consist of the same facing material as the building front.
(4)
New public and private utilities and those relocated or replaced
shall be generally underground.
(5)
Pedestrian connection between parking areas and buildings shall be
along walkways to the extent necessary to assure pedestrian safety.
(6)
Parking facilities shall be designed with careful regard to orderly
arrangement, topography, landscaping and ease of access and shall
be developed as an integral part of an overall site design.
(7)
Any abovegrade loading facility shall be screened from public view
to the extent necessary to eliminate unsightliness and should be separate
from private vehicles and pedestrians where feasible.
G.
Signs.
(1)
Freestanding signs in the overlay district shall be limited to traffic
and pedestrian directional and control signs and street signs.
(2)
Pole signs shall be prohibited in the overlay district.
(3)
One identification sign shall be permitted for each nonresidential
use, identifying the use on the premises as permitted on the site
plan, of not more than 20 square feet, not projecting from the building
and designed as an integral part of the site plan.
(4)
Any illuminated sign visible from any public street or from adjoining
property used for residential purposes shall be so shaded, shielded,
directed or maintained at a sufficiently low level of intensity and
brightness that it shall not adversely affect neighboring premises
nor the safe vision of operators of vehicles moving on public streets.
[Added 9-25-2017 by L.L.
No. 6-2017]
A.
Purpose. The purpose of the CBDO Central Business District Overlay
is to create a contiguous, walkable expansion of the existing CBD
through identified uses of principally low-impact retail and personal
service businesses while preserving the municipality's historic character
and the integrity of the neighborhood through adaptive reuse of existing
structures to serve the needs of area residents.
B.
C.
Permitted accessory uses.
(1)
Off-street parking, loading and unloading facilities, signs,
fences and landscaping subject to the provisions of this chapter and
other applicable regulations of the Village of Medina.
(2)
Private garages and storage buildings which are necessary to
store any vehicles, equipment or materials on the premises which are
used in conjunction with a permitted business use.
(3)
Other accessory business uses which, in the opinion of the Zoning
Board of Appeals, are similar in nature and scale to those permitted
above. Accessory furnace buildings are prohibited.
D.
Other provisions and requirements.
(1)
Setback and other dimensional requirements shall be those of
the underlying zoning district.
(2)
Buffer strip. Structures used for a commercial purpose shall
provide a natural buffer strip to be perpetually maintained so as
to provide visual screening and separation between commercial and
residential uses.
(3)
Refuse containers. Commercial uses shall provide a commercial-type
refuse container on site. Such containers shall be placed on concrete
or stone areas, visually screened, and shall provide rodent control.
E.
Certificate of appropriateness required.
(1)
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction, painting or moving of
a landmark, building or property within the Central Business District
Overlay, nor shall any person make any material change in the appearance
of such property, its light fixtures, signs, sidewalks, fences, steps,
paving or other elements visible from a public street or alley which
affect the appearance and cohesiveness of the Overlay or designated
landmark without first obtaining a certificate of appropriateness
from the Village of Medina Planning Board.
(2)
Criteria for approval of certificate of appropriateness shall
be the same as that required for the HPD — Historic Preservation
District.
(3)
The application procedure for a certificate of appropriateness
in the Central Business Overlay District shall be the same as that
required for the HPD — Historic Preservation District.
