The purpose of residential districts is to:
A.
Delineate those areas where predominantly residential development
has occurred or will be likely to occur in accordance with the Village
Comprehensive Plan.
B.
Improve the character of residential areas by requiring standards
of land use and lot and building size, which accurately reflect existing
and desirable development.
C.
Protect the integrity of residential areas by prohibiting the intermixture
of incompatible nonresidential uses.
In the R-1 Residential District, no building or premises shall
be used and no building shall be erected or altered except for one
or more of the following uses:
In the R-2 Residential District, no building or premises shall
be used and no building shall be erected or altered except for one
or more of the following uses:
In the R-3 Residential District, no building or premises shall
be used and no building shall be erected or altered except for one
or more of the-following uses:
The purpose of the Main Street District is to:
A.
Allow for a variety of residential uses along with compatible low-impact
commercial uses on the same property or within the district.
B.
Protect the character and integrity of residential areas by establishing
development standards for nonresidential uses in the district.
C.
Uses permitted: See Schedule A, Part IV.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
In the R-M Residential - Mobile Home District, no building or
premises shall be used and no building shall be erected or altered
except for one or more of the following uses:
A.
The purpose of the C-1 Retail Commercial District is to:
(1)
Delineate an area where retail stores, personal services, offices,
recreational, institutional, cultural facilities, municipal buildings
and services are provided for the community.
(2)
Encourage new development in the Retail Commercial District by providing
for public and commercial off-street parking areas for patrons of
the businesses in the district.
B.
In the C-1 Commercial District, no building or premises shall be
used and no building shall be erected or altered except for one or
more of the following uses:
(1)
Uses permitted:
(a)
Existing residential uses.
(b)
Retail store, bakery for retail sale of goods primarily on the
premises.
(c)
Personal service shop.
(d)
Launderette.
(e)
Restaurant, tavern.
(f)
Business or professional office, studio.
(g)
Educational, eleemosynary religious or philanthropic institutions.
(h)
Florist shop.
(i)
Funeral home.
(j)
Club or lodge, except those for which the chief activity is
a service customarily carried on as a business.
(k)
Radio, television or household appliance sales or service, computer
sales or service.
(l)
Antique sales and accessory service.
(m)
Public utility station or structure.
(n)
Four-or-more-family dwelling by conversion of existing structures.
(2)
Uses permitted as a special exception by the Board of Appeals: none.
A.
The purpose of the C-2 General Commercial District is to delineate
an area appropriate for commercial uses which are oriented either
to highway use or intended for service to vehicles or non-retail commercial
uses.
B.
In the C-2 General Commercial District, no building or premises shall
be used and no building shall be erected or altered except for one
or more of the following uses:
(1)
Uses permitted:
(a)
Uses permitted in the C-1 Retail Commercial District.
(b)
Motel.
(c)
New automobile, boat, farm and home implement, mobile home,
trailer, snowmobile, and bicycle or motorcycle dealership.
(d)
Laundry or dry-cleaning plant.
(e)
Office equipment, business machines sales and service.
(f)
Letter press shop, printing plant.
(g)
Hardware, building supplies.
(h)
Heating, plumbing, air conditioning, electrical or similar fabrication
shop.
A.
The purpose of the C-3 Restricted Commercial District is to recognize
unique circumstances which exist within the Village and to provide
an appropriate location for special uses which are compatible with
nearby land uses and to provide an appropriate location for certain
types of business which would have serious objectionable characteristics.
(1)
In the approval of this section of this chapter, it is recognized
that there are some uses which, due to their very nature, have serious
objectionable characteristics, especially when located in or near
adjoining residential neighborhoods.
(2)
In the approval of this section the Board has considered the findings
which it made upon and hereby confirms after a public hearing, including:
(a)
The deleterious affect that sexually oriented businesses are
likely to have on the values of adjoining real estate.
(b)
The problems which sexually oriented businesses tend to generate
such as assault and sexual misconduct.
(c)
The quality of life concerns for residential neighbors.
(d)
The geographic layout of the Village of Whitesboro which has
a narrow strip of commercial land (C-1 and C-2) mainly located on
Oriskany Boulevard with residential neighborhoods within a close proximity
thereto.
B.
In the C-3 Restricted Commercial District no building or premises
shall be used and no building shall be erected or altered except as
follows:
(2)
Uses permitted as a special exception by the Board of Appeals:
(a)
Earth, sand or gravel excavation, storage, handling or shipping.
(b)
Sexually oriented business (SOB) as long as such business is
no closer than 500 feet to a residence, church/synagogue or school
measured on a direct line from any such building to the building within
which such business is to be carried out.
The purpose of this zone is to protect the so-designated cemetery
from danger of development. Only cemetery-related activities listed
below will be allowed in this zone.
A.
The purpose of the M-1 Manufacturing District is to:
B.
In the M-1 Manufacturing District, no building or premises shall
be used and no building shall be erected or altered except for one
or more of the following uses:
(1)
Uses permitted:
(a)
Uses permitted in the C-2 General Commercial District.
(b)
Metal fabrication.
(c)
Concrete products.
(d)
Machine shop.
(e)
Welding or metal craft shop.
(f)
Light manufacturing or assembly plant.
(g)
Wholesale, storage or warehouse facility.
(h)
Cold storage or meat-packing plant.
(i)
Development or research center.
(j)
Golf course or country club.
The PK Park District is intended to provide areas where active
and passive recreational activities may be conducted, and for conservation
of natural and cultural areas and resources. This district is intended
to include those public and private park and recreational and conservation
areas which are designed as parks in the adopted Village Comprehensive
Plan.
A.
Purposes. The purpose of the P-D Planned Development District is
to:
(1)
Provide for new residential, commercial or manufacturing districts
in which the economics of scale and creative and innovative planning
and architectural concepts and techniques may be utilized by the developer
without departing from the spirit and intent of this chapter.
(2)
Provide for the use of those relatively extensive land areas within
the community considered appropriate for the type of development possible
in a Planned Development District but for which no development has
been proposed.
(3)
Ensure that the regulations of this section are so interpreted and
applied that the benefits of this chapter to the residents or occupants
of the Planned Development District and the residents or occupants
of adjacent properties will be protected.
B.
Procedures. The procedure for the establishment of and approval for
development within a Planned Development District is a two-step process
as described below:
(1)
The procedure for the establishment of a Planned Development District
shall be as follows:
(a)
Application for designation of a planned district shall be made
to the Village Board. If the request is for a combination of planned
development uses, then the zone district requested shall reflect the
combination of uses (for example, P-RC would be requested for a proposal
including residential and commercial uses). The Village Board shall
refer the application to the Zoning Board within 10 days of receipt
and the Zoning Board will hold a site plan review.
(b)
The Zoning Board shall report its findings and make its recommendation
to the Village Board within 45 days. The Village Board may approve,
disapprove or give conditional approval subject to modifications regarding
the proposed development.
(c)
The Village Board shall hold a public hearing after public notice
as required for any amendment to this chapter and shall consider the
report and recommendations of the Zoning Board and all other comments,
reviews and statements pertaining thereto. It may amend the Zoning
Map to establish and define the type and boundaries of the planned
district and in so doing may state specific conditions, in addition
to those provided by this chapter, further restricting the nature
or design of the development. In the event that the Zoning Board disapproved
the proposal or rendered conditional approval subject to modifications
with which the developer is not willing to comply, the Village Board
may amend the Zoning Map in accordance with the application only upon
an affirmative vote of a majority of the members of the Village Board.
(2)
The procedure for the approval of development within an established
Planned Development District shall be as follows:
(a)
Amendment of the Zoning Map shall not constitute authorization
to develop in the district. Such authorization, after a Planned Development
District has been established, shall require that the applicant submit
to the Zoning Board such further plans and specifications, as required
for site plan review.
(b)
All conditions imposed by the Village Board in its amendment
and all subsequent conditions imposed by the Zoning Board in its review
of the final plans, including any conditions, the performance of which
may be precedent to the issuance of any permit, shall run with the
land and shall not lapse or be waived as a result of any change in
tenancy or ownership of any or all of the designated district. No
permit shall be issued until the Zoning Board has rendered final approval
and has authorized issuance of a permit by resolution.
(c)
If construction of the development in accordance with the approved
plans and specifications has not begun within one year after the date
of issuance of the permit, said permit shall become null and void,
the approval shall be deemed revoked and vacated and the Village Board
shall have the authority to again amend the map to restore the zoning
designation for the district to that which it had been prior to the
application or any other district.
C.
Procedures. The procedure for the establishment of and approval for
development within a Planned Development District is a two-step process
as described below:
D.
Standards for development.
(1)
Permitted uses in P-R, P-C and P-M Districts and area and yard dimensions
shall be as approved by the Zoning Board using the requirements of
Schedule A as guidelines.[1]
[1]
Editor's note: Schedule A is included as an attachment to this chapter.
(2)
Building height shall be limited to 40 feet for commercial or industrial
uses.
(3)
Locations for ingress and egress, off-street parking and off-street
loading in P-C and P-M Districts shall be so arranged as not to connect
directly with local residential streets and as not to cause excessive
conflict with pedestrian or motor traffic.
E.
General regulations.
(1)
The Planned Development District created by this chapter is intended
to identify certain distinctive areas of the community which are relatively
extensive and in which existing uses may be marginal and subject,
therefore, to discontinuance.
(2)
Such areas are expressly regarded as primarily suited for uses other
than those presently occupying all or parts of these districts, but
wherein it is not possible to select specific development objectives
until other conditions are satisfied.
(3)
Therefore, in a P-D Planned Development District, only existing uses
and uses accessory to existing uses are permitted. No additional development
of other use may be permitted except as may be allowable after procedures
for rezoning of the area to a specific Planned Development District
as described by this chapter are fully accomplished and the Zoning
Map has been duly amended to designate such area as P-R Planned Residential,
P-C Planned Commercial or P-M Planned Manufacturing, or a combination
of such planned districts, after preliminary evaluation and review
procedures as herein provided.
(4)
Any proposed use in an area designated on the Zoning Map as P-D Planned
Development District, P-R Planned Residential, P-C Planned Commercial
or P-M Planned Manufacturing must be reviewed by the Zoning Board
and authorization given by resolution of the Board before a permit
is issued by the Codes Enforcement Officer.
This district encompasses a public institution where pupils/students
learn formal education from teachers/administrators. Uses include
all uses approved by the elected WCSD School Board, including but
not limited to customary classroom education, outdoor sporting events,
and cultural events.
