No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged,
nor shall any building or land area be used for any purpose other
than those included among the uses listed as permitted uses in each
zone district of this chapter and meeting the requirements set forth
herein. Open space contiguous to any building shall not be encroached
upon or reduced in any manner, except in conformity to the area and
bulk requirements, off-street parking requirements and all other regulations
required by this chapter for the zone district in which such building
or space is located. In the event of any such unlawful encroachment
or reduction, such building or use shall be deemed to be in violation
of this chapter, and the certificate of occupancy or certificate of
compliance, as appropriate, shall become null and void.
A.
No structure shall be built within 50 feet of the bed of a stream
or drainage swale carrying water on an average of three months of
the year, except for:
(1)
Public bridges, public waterworks and other municipal or public utility
facilities.
(2)
Such private bridges, fords, drainage conduits, embankments and similar
structures as are necessary to permit access to a lot or portion thereof
or as are incidental to a lawful use of a lot, provided that such
structure will not have a material adverse effect on the stream, nor
alter the flow of water therein, nor substantially increase the likelihood
of flood or overflow in the area.
B.
No person shall strip, excavate or otherwise remove topsoil for use
other than on the premises from which taken, except in connection
with the approved construction or alteration of a building, swimming
pool or other use or structure on such premises pursuant to the provisions
of this chapter.
C.
No movement of earth or erosion shall be permitted at any time in
any district which adversely affects conditions on any other property.
D.
Whenever natural features such as trees, brooks, drainage channels
and views interfere with the proposed use of property, the retention
of the maximum amount of such features consistent with the intended
use of the property shall be encouraged.
A.
Where two or more adjacent parcels of land are in the same ownership
at the time of the enactment of this chapter, they shall, for the
purposes of this chapter, be considered a single parcel or lot.
B.
Except as specifically provided herein, no lot shall have erected
upon it more than one principal building. No yard or other open space
provided about any building shall be considered to provide a yard
or open space for any other building.
C.
No site preparation or construction shall be commenced until final
subdivision approval has been granted by the Planning Board and the
subdivision map has been filed in the Wyoming County Clerk's
office or site development plan approval has been granted by the Planning
Board and all conditions of said approval have been met. Upon application,
the Planning Board may, in special circumstances, grant approval for
site preparation in advance of final approval. Said application shall
be supported by good and sufficient reasons for starting in advance
of final approval and must contain adequate surety for the performance
of the work.
D.
The surface slope of all surfaces of the front, side and rear yards
of any building shall slope down and away from the foundation walls
on a slope of not less than 1% for a distance equal to at least 1/2
the depth of the required yards.
E.
When a building is located within 200 feet of a public highway or
road, the top of the foundation wall at the front of the building
shall not be less than two feet above the elevation of the center
line of any road which fronts the premises. Buildings proposed within
the L-I Light Industrial District shall be exempt from the provisions
of this subsection.
[Amended 6-3-1996 by L.L. No. 1-1996]
F.
Every building shall have a foundation constructed of masonry and
concrete not less than 10 inches wide, with footings not less than
40 inches below the surface of the ground at the building line. Such
foundation shall be continuous for the outside perimeter of the building,
except for necessary window and door openings, and shall provide for
any chimney. If a structure is built on a concrete slab or treated
wood base, such slab or wood base shall be not less than eight inches
thick.
G.
Chimneys shall be constructed of and supported by fireproof materials
and shall have fire-resistent flue linings.
H.
Accessory buildings attached to a principal building shall comply
with the yard requirements of this chapter for the principal building.
I.
Detached accessory buildings on corner lots may be located in a side
yard subject to the side yard setback requirements of Schedule I.[1] Such accessory buildings shall be no closer to the right-of-way
line than the required front setback line.
[1]
Editor's Note: Zoning Schedule I is included at the end
of this chapter.
J.
The Planning Board may require detached accessory buildings to be
fenced and/or buffered from adjacent properties, consistent with approved
site development plans, in order to protect the value of adjacent
properties.
K.
Every principal building shall have access to a public street improved
to meet village requirements. Access may be direct or by a driveway
or private road approved by the village. Said driveway or private
road shall have a right-of-way width of not less than 30 feet and
a pavement width of not less than 16 feet, improved with a durable
all-weather surface, subject to approval of the Superintendent of
Public Works. All structures shall be so located on lots so as to
provide safe and convenient access for servicing, fire protection
and required off-street parking.
L.
At the intersection of two or more streets, no hedge, fence or wall
(other than a single post or tree) which is higher than three feet
above ground level measured at the edge of the pavement or at the
curb, nor any obstruction to vision, including agricultural crops,
shall be permitted in the triangular area formed by the intersecting
street lines and a line joining each 50 feet distant from said intersection.
This triangular area shall be measured along the edge of the pavement.
M.
Where a building lot has frontage on a street which is proposed for
right-of-way widening, the required front yard setback area shall
be measured from such proposed right-of-way line.
N.
No business establishment shall place or display goods for purposes
of sale or permit any coin-operated vending machine of any type to
be placed in any location which would infringe upon the required yard
areas specified in this chapter.
O.
No manure, odor- or dust-producing substances shall be permitted
to be stored within 100 feet of any lot line.
P.
For the purpose of regulating the location of buildings on corner
lots and on lots extending through between two parallel streets, all
portions of a corner lot or a through lot which fronts on a public
street shall be subject to the front yard requirements of the zone
district in which said corner lot or through lot is located.
Q.
Except for parking on driveways, no front yard shall be used to store
boats, vehicles, travel trailers, snowmobiles, snowmobile trailers
and other similar equipment on a residential lot. Such equipment may
be stored on the side of the building but no closer than 10 feet to
the rear or side lot line.
R.
When a new lot is formed so as to include within its boundaries any
part of a former lot on which there is an existing building or use,
the subdivision must be carried out in such a manner as will not infringe
upon any of the provisions of this chapter either with respect to
any existing structures or use and any proposed structures or use
or setbacks.
S.
Nothing in this chapter shall restrict the construction, use or maintenance
of public buildings, structures or facilities, parks or other publicly
owned properties or the installation and maintenance of such public
utilities as may be required to service any district. All facilities
shall be subject to the yard requirements of this chapter and to site
development plan review.
T.
Fences erected in the village shall adhere to the following standards:
(1)
No fence in a front yard of a residential district shall be erected,
altered or reconstructed to a height exceeding 48 inches above ground
level.
(2)
Fences in any rear or side yard of a residential district may be
erected, altered or reconstructed to a height of up to six feet above
ground level.
(3)
Fencing used to enclose a tennis court may be permitted up to 10
feet in height, provided that such fencing is not less than 25 feet
from either the side or rear property line.
(4)
These restrictions shall not be applied so as to restrict the erection
of a wall for the purpose of retaining earth.
(5)
Fences in nonresidential districts may be up to eight feet in height,
except that they shall not exceed 48 inches in height in any front
yard.
(6)
No fence shall be erected to encroach on any property line or upon
a public right-of-way and shall be set back not less than one foot
from any sidewalk.
(7)
The face side of all fences erected shall be located so as to face
the adjoining lot.
(8)
No fence shall be erected in a special flood hazard area.
U.
If the use of any lot or building involves the disposal of sewage
or wastewater and public sewers are not available, an adequate sanitary
disposal system for the same shall be installed in accordance with
regulations and standards promulgated by the Wyoming County Department
of Health and at all times maintained on such lot or in lawful connection
therewith. The minimum lot area otherwise required shall be increased
where necessary to the extent required to provide such disposal system.
Certification of approval for the installation of on-site sewage disposal
systems shall be obtained from the Department of Health and submitted
to the village prior to the start of construction.
V.
No lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Village Board. Duly approved individual sewage disposal systems shall be excepted from this provision. Village Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the Department of Health and/or New York State Department of Environmental Conservation. The Village Board may require the submission of any documents necessary to make the foregoing finding. Consistent with the provisions of Subsection O above, this regulation shall not prohibit the storage of animal waste upon any farm.
W.
Discharges from individual sewage disposal systems shall be in accordance
with approved plans and the procedures and standards of the New York
State Department of Environmental Conservation and the Wyoming County
Department of Health.
X.
All construction plans shall include consideration of stormwater
drainage needs. Whenever possible, site grading shall direct water
away from buildings and structures to the natural drainageway.
Y.
Any structure which has been vacant or which has had utility service
disconnected for 12 consecutive months shall not be used for any purpose
without obtaining a new certificate of compliance.
Z.
Any structure destroyed sufficiently by a fire so as to be declared
unsafe by the Fire Marshal shall require a new building permit before
any reconstruction is started. A new certificate of occupancy shall
also be required.
AA.
Any structure partially destroyed by fire shall be rebuilt in accordance
with this chapter and the following additional provisions:
(1)
No permit shall be required to restore/replace any portion of
a structure to its same condition prior to its being damaged.
(2)
Any change in a structure damaged by fire, including but not
limited to the size of the building, bearing walls, entranceways and
building materials, shall require a new building permit, and said
reconstruction shall meet or exceed the Uniform Code requirements
and the provisions of this chapter.
BB.
No more than one antenna and no more than one television satellite
reception dish shall be permitted on any lot in any district.
CC.
The dumping of refuse, waste material and other substances shall be prohibited in all districts as set forth in Chapter 90 of this Code. This is not, however, to be construed as prohibiting filling to establish grades following the issuance of a permit by the Code Enforcement Officer. Materials used as fill to establish grades shall consist solely of clean dirt, gravel and other clean fill. All materials applied shall be leveled and covered with at least four inches of clean dirt and subject to approval of the Code Enforcement Officer.
DD.
No dwelling units shall be allowed to keep more than four dogs and
four cats which are more than six months of age.