The regulations set by this chapter shall be the minimum regulations
within each district and shall apply uniformly to each class or kind
of structure or use of land, except as hereinafter provided:
A. No building, structure or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered except in
conformity with all the regulations herein specified for the district
in which it is located.
B. No building or structure shall hereafter be erected or altered which:
(1) Exceeds the height limitation for any structure within a specified
district;
(2) Accommodates or houses a greater number of families;
(3) Occupies a greater percentage of lot area; or
(4) Has narrower or smaller yards or other open spaces than herein required
or in any other manner contrary to the provisions of this chapter
and the requirements of the New York State Uniform Code.
C. No part of a yard or other open space or off-street parking or loading space required or provided in connection with any building or use for the purpose of complying with the regulations set forth herein shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building or use except as provided in Article
XI.
D. No yard or lot existing at the time of enactment of this chapter
shall be reduced in dimension or area below the minimum requirements
set forth herein. Yards or lots created after the effective date of
this chapter shall meet or exceed the minimum requirements established
herein.
In an R-1 Residential District, no building or premises shall
be used, and no building or part of a building shall be erected or
altered which is arranged, intended or designed to be used, in whole
or in part, for any uses except as specified herein:
A. Purpose. The purpose of the R-1 Residential District is to provide
an opportunity for single-family residential development to occur
at medium densities in areas where water and sewer services are available
and in locations where adequate highway facilities exist. Provisions
have been made to permit higher-density residential developments in
areas where such densities will not adversely impact or create a burden
for existing development.
B. Permitted principal uses shall be:
(1) Single-family dwellings, not to exceed one principal structure per
lot.
C. Permitted accessory uses.
(1) Permitted accessory uses shall be:
(a)
One private garage or carport with a maximum capacity of 600
square feet for the parking of automobiles of residents on the premises.
The use of a private garage for the repair of automobiles or other
vehicles for a profit shall not constitute a permitted accessory use.
(b)
Customary accessory structures serving residential uses, including
but not limited to private swimming pools, fences, storage buildings,
toolhouses, greenhouses, tennis courts, pet shelters and fireplaces,
all subject to the following provisions:
[1]
No more than two detached accessory buildings, excluding private
garages, may be located on any single parcel of land. Detached accessory
buildings with less than 50 square feet of floor area shall not be
included in determining the number of accessory buildings on a property.
[2]
The total area of all detached accessory buildings on any single
parcel of land, including buildings with less than 50 square feet
of floor area, shall not exceed 200 square feet in area. The area
of detached private garages shall not, however, be included in determining
the total square footage of detached accessory buildings.
[3]
No detached accessory building shall exceed 12 feet in height,
except for a detached private garage which may be up to 15 feet in
height.
[4]
With the exception of detached private garages, all detached
accessory buildings shall be located behind the rear foundation wall
of the principal building and in accord with the setback requirements
for rear and side yards specified in Schedule I. Detached garages shall be located to the rear of the front
building line of the principal building and may be located in a side
yard in accord with the setback requirements specified in Schedule
I.
(c)
Private swimming pools subject to the provision of Article
XII of this chapter.
(d)
Off-street parking subject to the provisions of Article
XI of this chapter.
(e)
Signs subject to the provisions of Article
XIII of this chapter.
(f)
Antennas or towers.
[1]
Not more than one ground-mounted satellite television dish antenna
not more than 12 feet in diameter and 16 feet in height may be permitted
for each property. The minimum setback of a ground-mounted satellite
television dish antenna from all property lines shall be 16 feet.
A zoning permit issued by the Code Enforcement Officer shall be required
prior to placing a dish in operation. The village may require the
applicant to screen the dish in order to reduce potential nuisance
or disturbances to adjacent properties. Although locations in side
and rear yards shall be encouraged, a ground-mounted satellite television
dish antenna may be located in a front yard if the applicant can demonstrate
to the satisfaction of the Planning Board that locating the dish in
either the side or rear yard would not provide adequate reception.
[2]
Other antennas or towers may be either ground-mounted, mounted
on or attached to a building for support. Such antennas or towers
shall not exceed 15 feet above the maximum height of the building
on which it is mounted or to which it is attached or accessory thereto.
A zoning permit issued by the Code Enforcement Officer shall be required
prior to placing a ground-mounted antenna in operation.
[3]
An antenna or tower which is ground-mounted shall be located
in rear yards only. Antennae or ground-mounted towers shall be set
back from all other structures and all property lines a distance which
is not less than one and 1/2 times the distance between the highest
part of such antenna or tower and the ground. Guy wires, anchors and
other supports for an antenna shall not be closer than 10 feet to
any property line.
(2) Other accessory uses not specified herein may be approved by the
Planning Board, provided that the Board determines 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.
D. Dimensional requirements. The dimensional requirements for this district
are specified in Zoning Schedule I, which is a part of this chapter.
E. Special uses. The following uses may be permitted, consistent with the provisions of Article
X, provided that a special use permit is approved by the Planning Board:
(1) Essential services, excluding power plants, maintenance buildings
and storage yards.
(2) Cluster residential developments.
(5) Public and semipublic uses and buildings.
In an R-2 Residential District, no building or premises shall
be used, and no building or part of a building shall be erected or
altered which is arranged, intended or designed to be used, in whole
or in part, for any uses except as specified herein.
A. Purpose. The purpose of the R-2 Residential District is to provide
for the orderly development of mixed single- and two-family dwelling
units in established residential neighborhoods in the village. Higher-density
residential developments may be permitted if it can be determined
that such densities will not adversely impact or create a burden for
existing development.
B. Permitted principal uses shall be:
(1) Single-family dwellings, not to exceed one principal structure per
lot.
(2) Two-family dwellings, including duplexes, may be permitted upon approval
by the Planning Board, provided that the following standards and provisions
are maintained:
(a)
The minimum lot size, frontage and setback requirements shall
conform to the specifications set forth in Schedule I of this chapter.
(b)
Each residential unit shall be served with separate utility
meters, shutoff valves and heating systems.
(c)
In cases where eight or more duplex structures are planned for
a subdivision, the Planning Board shall carefully consider the need
for two access points to the subdivision and require them, if needed.
(d)
Each structure shall have its own individual driveway access
to a public street.
(e)
Each dwelling unit shall have not less than two off-street parking
spaces. At least one of these off-street parking spaces shall be provided
for in an enclosed garage.
(f)
The minimum living area to be provided in each residential unit
shall equal or exceed the minimum area required for single-family
dwellings.
(g)
Each structure shall be landscaped to effectively screen dissimilar
uses from one another and to protect and enhance the overall quality
of the existing neighborhood.
(h)
The Planning Board shall determine that the neighborhood character
of the site proposed for the development of two-family dwellings is
appropriate for such use and that plans for water supply, sewage disposal
and storm drainage are capable of serving the proposed use.
(i)
The Planning Board shall determine that the street system serving
the site is adequate to carry the anticipated traffic flows and that
the proposal will not create a burden or nuisance for adjoining property
owners.
(j)
The Planning Board shall review and approve the amount and location
of landscaping and buffer screening to be provided.
(k)
No site preparation or construction shall commence until final
site development plan approval has been granted and permits issued
by all governmental agencies involved.
(3) Residential conversions, which provide for the conversion of an existing
structure for occupancy by up to two families living as separate and
independent housekeeping units, may be permitted upon approval by
the Planning Board, provided that the following standards and provisions
are maintained:
(a)
Any building proposed to be converted to create additional living
units shall have not less than 2,000 square feet of gross floor area.
(b)
The conversion shall comply with the requirements of the Uniform
Code and this chapter.
(c)
For each dwelling unit proposed to be created by a conversion,
the minimum lot size shall exceed the minimum for a single-family
dwelling by 10%.
(d)
The minimum bulk requirements and setbacks for structures proposed
for residential conversions shall comply with the standards specified
in Schedule I of this chapter.
(e)
The minimum habitable floor area for living units shall be 550
square feet for efficiency units; 650 square feet for one-bedroom
units; 900 square feet for two-bedroom units; and 1,000 square feet
for three-bedroom units.
(f)
The Planning Board shall determine that water supply and sanitary
sewer services are adequate to support the additional density.
(g)
The Planning Board shall determine that the street system serving
the site is adequate to carry the anticipated traffic flows and that
the proposal will not create a burden or nuisance for adjoining property
owners.
(h)
Not less than two off-street parking spaces shall be provided
for each independent housekeeping unit.
(i)
The Planning Board shall review and approve the amount and location
of landscaping and buffer screening to be provided.
C. Permitted accessory uses shall include:
(1) All uses, provisions and regulations specified for the R-1 Residential
District.
D. Dimensional requirements. The dimensional requirements for this district
are specified in Zoning Schedule I, which is made a part of this chapter.
E. Special uses. The following uses may be permitted consistent with the provisions of Article
X, provided that a special use permit is approved by the Planning Board:
(1) All uses, provisions and regulations specified for the R-1 Residential
District.
(2) Bed-and-breakfast establishments.
(3) Multiple-family developments.
[Added 9-16-1996 by L.L. No. 3-1996]
A. Purpose. The purpose of this district is to provide suitable areas
for the location of professional and administrative offices and related
nonretail activities which provide employment opportunities and/or
broaden the tax base. Restricted business uses generally have low
volumes of traffic compared to commercial and industrial uses. They
are further typified by limited hours of operation and low noise characteristics.
B. Permitted principal uses.
(1)
Offices of architects, engineers, accountants, real estate brokers,
insurance agents, financial planners, lawyers, travel agents or manufacturer's
representatives.
(2)
Offices and clinics of New York State licensed health-care professions,
including but not limited to dentists, chiropractic, optical, physicians,
veterinarians or other health-care professions, excluding overnight
occupancy, provided that there are no more than four professionals
per office or clinic.
(4)
Data processing or computer service centers which do not include
retail sales.
(5)
Offices for public service utility companies, excluding any
warehouse, garage or storage areas.
(6)
Subject to the approval of the Planning Board, other types of
professional offices which are consistent with the purpose of this
district.
C. Permitted accessory uses.
(1)
A restaurant or cafeteria within the principal building for
supplying meals only to employees and guests of the principal use.
(2)
An assembly hall for meetings incidental to the business of
the principal use, provided that there be available off-street parking
space for all persons in attendance at any such meeting.
(3)
Pharmacies when included within a medical services building.
(4)
Storage facilities incidental to the principal use, provided
that all storage of materials and equipment is enclosed and secured
from adverse weather.
(5)
Subject to the approval of the Planning Board, dish antennae.
D. Dimensional requirements.
(1)
For all sites that are less than 40,000 square feet in area,
the dimensional requirements of the R-2 Zone shall apply.
(2)
For all sites that are equal to or greater than 40,000 square
feet in area, the following dimensional requirements shall apply:
(a)
Principal structures shall not exceed two stories nor shall
they exceed 35 feet in height.
(b)
All building or structures shall be set back from the front
street line a minimum of 100 feet.
(c)
Each side yard in this district shall have a minimum width of
not less than 50 feet.
(d)
The rear yards in this district shall have a minimum depth of
not less than 50 feet.
(e)
When a side or rear yard abuts a residential district, such
side or rear yard shall be screened by a solid wall, fence or evergreen
hedge approved by the Planning Board.
(f)
Principal structures shall not exceed 30% coverage of the total
lot area.
(g)
Total lot coverage, including structures, parking areas and
other impervious surfaces shall not occupy more than 75% of the total
lot area. The remainder of the lot shall be landscaped area.
E. Additional conditions and requirements.
(1)
Site plan approval shall be secured from the Planning Board as required in Article
III of this chapter.
(2)
No use shall be permitted to be established or maintained which,
by reason of its nature or manner of operation, is or may become noxious
or offensive by reason of odor, dust, smoke, cinders, gas, fumes,
noise, glare, vibration, refuse or water-carried waste.
(3)
No outside storage of material or merchandise shall be permitted.
(4)
There shall be a minimum of one parking space for each 200 feet
of gross floor area or fraction thereof of the principal structure.
(5)
Signs within the Restricted Business (RB) District shall conform to §
163-85B (Residential districts).
(6)
The front yard of all lots and the exterior side of a corner
lot shall be landscaped and shall include the provision of vegetation
of suitable levels of maturity to enhance the overall quality of the
environment. In the case of lots where the real or side yard is visible
from a public highway or residential area, the Planning Board, through
its site plan review authority, may impose a similar requirement where
appropriate.
(7)
Off-street parking may be permitted in front yards as long as
that parking is set back no less than 25 feet from the front lot line
and is located in a paved area designed for that purpose.
In a C-B Central Business District, no building or premises
shall be used, and no building or part of a building shall be erected
or altered which is arranged, intended or designed to be used, in
whole or in part, for any uses except as specified herein.
A. Purpose. The purpose of the C-B Central Business District is to provide
a variety of retail and service uses to satisfy the needs of individual
consumers and households as well as to meet the requirements of other
businesses, industries and institutions. The proximity to nearby residences
requires that commercial operations be conducted at a scale commensurate
with nearby residential development and possess a minimum of characteristics
and effects which may be detrimental or create a nuisance to nearby
residences.
B. Permitted principal uses shall be:
(1) Retail business establishments such as but not limited to the following:
(a)
Stores selling groceries, meats, baked goods and other such
food items.
(c)
Stationery, tobacco and newspaper stores and confectionery stores.
(d)
Clothing, variety and general merchandise stores.
(e)
Hardware, appliance, radio and television sales and service.
(g)
Office supplies and equipment.
(h)
Furniture and home furnishings.
(2) Personal service establishments such as but not limited to the following:
(a)
Barber- and beauty shops.
(b)
Shoe repair and fix-it shops.
(c)
Business and professional offices, including but not limited
to medical, legal, engineering, architectural, planning, real estate
and insurance offices and banks. Banks with drive-in facilities shall
be permitted, provided that at least five car-length spaces are provided
in the approach drive within the property line of the lot for each
drive-in teller's window. Such spaces shall be exclusive of required
off-street parking spaces.
(d)
Dry cleaning stores and laundromats.
(5) Assembly halls and theaters, excluding drive-in theaters.
(6) Newspaper printing, including incidental job printing. Such operations
shall be limited to having not more than 15 full-time persons engaged
therein at any one time and using not more than 30 horsepower in electric
motor power.
(7) The sale of new and used automobiles, provided that:
(a)
Such sales shall be conducted in a fully enclosed building located
on the same lot and having a building area of not less than 3,000
square feet devoted to the sales and services of automobiles.
(b)
Accessory to such building, the sale of new and used automobiles
may be carried on in an unenclosed area, provided that:
[1]
Such area is on the same or an adjacent lot to such building.
If the enclosed area is on an adjacent lot, the lot shall be not more
than 200 feet from the lot with the building and shall further be
in the same ownership as said building; be in a C-B Central Business
District; and be used for no other purpose.
[2]
Such unenclosed area shall be paved, shall be suitably drained
and shall be maintained in a neat and orderly manner and in good order
and condition.
[3]
All exterior illumination shall be approved by the Planning
Board and shall be shielded to reduce the glare that may negatively
impact on surrounding properties and streets.
[4]
Suitable landscaping and/or fencing of such unenclosed area
shall be required.
[5]
A minimum area of 200 square feet shall be provided on the lot
for each automobile displayed, parked or stored in any unenclosed
area. Each automobile stored or displayed therein shall be placed
or parked parallel to each other facing in the same direction toward
the street upon which such lot fronts, and such automobiles shall
be arranged in an orderly manner in such spaces.
(c)
As used in this section, the sale of new automobiles shall be
deemed to mean only the sale of such automobiles under a franchise
granted to the person, firm or corporation conducting such business
by an automobile manufacturer. Used automobiles shall be sold only
in connection with the sale of new automobiles.
(d)
No establishment for the sale of new and used automobiles shall
be opened, conducted or maintained except as provided above. None
of the provisions of this section, however, shall be deemed to prohibit
the continuance of the present use of any property for the sale of
new and used automobiles, provided that any change in the nature of
said use shall be subject to the provisions of this section. Plans
for any changes required to bring about such conformance shall be
submitted to and approved by the Planning Board before any such change
shall be made. The Planning Board may approve, modify or disapprove
such plans and may impose reasonable and appropriate conditions to
such approval so that the spirit of this chapter shall be observed.
(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)
Except in connection with newspaper printing, electric motor
power not exceeding a total of 10 horsepower shall be used exclusively.
An installation of 10 horsepower or less using fuel other than electricity
may be used upon a finding by the Code Enforcement Officer that said
installation is expected to be free of nuisance characteristics and
will have no adverse effect on neighboring uses; and
(d)
Not more than two persons shall be engaged in such production/processing
at any one time.
(11)
Other business uses which, in the opinion of the Planning Board,
are similar in nature and scale to those permitted above.
(12)
Upon the approval of the Planning Board, a principal building
may contain a combination of residential and business uses, provided
that such residential uses are accessory to the business conducted
and located elsewhere than on the street frontage of the ground floor
and having a minimum habitable area as required in Schedule I.
C. Permitted accessory uses shall be:
(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 business use.
(2) Access control, off-street parking, loading and unloading facilities, fences and landscaping subject to the provisions of Article
XI of this chapter.
(3) Signs subject to the provisions of Article
XIII of this chapter.
(4) Satellite television dish antennas subject to the provisions of § 163-35C(6)(a);
however, a building-mounted antenna may be permitted upon approval
of the Planning Board if it can be demonstrated that a ground-mounted
location is not appropriate or would not provide adequate reception.
No building mounted television dish shall exceed four feet in diameter
and extend more than six feet above the height of the building to
which it is attached.
(5) Other accessory uses which, in the opinion of the Planning Board,
are similar in nature and scale to those permitted above.
D. Dimensional requirements. The dimensional requirements for this district
are specified in Zoning Schedule I, which is a part of this chapter.
E. Special uses. The following uses may be permitted consistent with the provisions of Article
X, provided that a special use permit is approved by the Planning Board:
(1) Essential services, excluding power plants, maintenance buildings
and storage yards.
(2) Motor vehicle service stations, including filling stations and auto
repair shops.
(3) Public and semipublic uses.
(7) Multiple-family developments.
F. Other provisions and requirements for uses in the C-B District. Except
as otherwise provided herein, all permitted uses, whether principal
or accessory, including all storage, shall be carried on in a fully
enclosed building. Such provisions shall not apply to parking of registered
vehicles, outdoor loading or other service activities.
In an L-I District, no building or premises shall be used and
no building or part of a building shall be erected or altered which
is arranged, intended or designed to be or used in whole or in part
for any uses except as specified herein.
A. Purpose. The purpose of the L-I Light Industrial District is to provide
for the establishment of industrial uses essential to the development
of a balanced economic base in an industrial environment and to regulate
such development so that it will not be detrimental or hazardous to
the surrounding community and to the general health, safety and well-being
of the Village of Warsaw.
B. Permitted principal uses. The following shall be permitted principal
uses:
(1) Any use of a light-industrial nature which involves only the processing,
assembly, compounding or packaging of previously prepared or refined
materials, provided that at no time shall such use result in or cause:
(a)
Dissemination of dust, smoke, smog, observable gas, fumes or
odor or other atmospheric pollution, objectionable noise, glare or
vibration that will be evident beyond the property line.
(b)
Hazard of fire or explosion or other physical hazard to any
adjacent building or any land area adjacent to the site of the use.
(c)
Violation of applicable standards or regulations adopted and
enforced by any federal, state, county or village environmental or
health agency or legislative body. Violation of such standards shall
result in the revocation of an existing certificate of occupancy and/or
certificate of compliance and the immediate cessation of operations.
The correction of the violation and new certificates shall be a prerequisite
to the resumption of such industrial operations.
(2) The following uses which are indicative of those which are intended
to be permitted:
(a)
Manufacture of machinery such as cash registers, sewing machines,
typewriters, calculators and other office machines.
(b)
Fabrication of metal products such as baby carriages, bicycles,
metal foil, tin, aluminum, gold, etc., metal furniture, musical instruments,
sheet metal products and toys.
(c)
Fabrication of paper products such as bags, book bindings, boxes
and packaging materials, office supplies and toys.
(d)
Fabrication of wood products such as bolts, boxes, cabinets
and woodworking, furniture and toys.
(e)
Food and associated industries such as bakeries, bottling of
food and beverages, food and cereal mixing and milling, food processing,
food sundry manufacturing, ice cream manufacturing and manufacturing
of spirituous liquor.
(f)
The warehousing or storage of goods and products such as building
materials, farm supplies and the like which may be sold from the premises
to the general public. The bulk storage of fuel for resale is specifically
excluded from the intent of the above.
(3) Office buildings for executive, engineering and administrative purposes.
(4) Scientific or research laboratories devoted to research, design and/or
experimentation and processing and fabricating incidental thereto.
(5) The compounding and processing of pharmaceutical and cosmetic products.
(6) Commercial storage buildings.
(7) Other uses which, in the opinion of the Planning Board, are similar
in nature and scale to those permitted above.
C. Permitted accessory uses shall be:
(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) Access control, off-street parking, loading and unloading facilities, fences and landscaping subject to the provisions of Article
XI of this chapter.
(3) Signs subject to the provisions of Article
XIII of this chapter.
(4) Other accessory uses which, in the opinion of the Planning Board,
are similar in nature and scale to those permitted above.
D. Dimensional requirements. The dimensional requirements for this district
are specified in Zoning Schedule I, which is a part of this chapter.
E. Special uses. The following uses may be permitted consistent with the provisions of Article
X, provided that a special use permit is approved by the Planning Board.
(1) Essential services, excluding power plants.
(2) Motor vehicle service stations, including filling stations and auto
repair shops.
(5) Retail businesses and personal service establishments.
(6) Transfer stations/recycling uses.
(7) Adult bookstores, cabarets and theaters as defined and regulated in Chapter
36 of this Code.
(8) Public
and semipublic uses and buildings.
[Added 6-26-2003 by L.L. No. 2-2003]
F. Other provisions and requirements for uses in the L-I Light Industrial
District.
(1) Residential uses shall be prohibited except for a caretaker's
residence on-site.
(2) The manufacturing of all goods, including but not limited to the
processing, assembly, compounding and packaging of materials shall
be performed in a fully enclosed building.
(3) Incidental storage out of doors may be permitted, provided that such
materials are shielded from view from public streets and adjacent
residential districts by fencing, landscaping or other appropriate
measures determined by the Planning Board.
(4) 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.
(5) Parking areas may be located in any of the required yard areas, provided
that they are not less than 50 feet from a right-of-way line or 20
feet from a property line.
(6) As an exception to Subsection
F(5) above, no industrial activities associated with an approved use, including off-street parking, loading or outdoor storage, shall be located within 50 feet of an adjacent residential district.
(7) The development of industrial areas shall be designed so as to minimize
the interference of electrical transmissions to nearby properties.