The provisions of this chapter shall be subject to such exceptions,
additions, or modifications as herein provided by the following general
supplementary regulations. The dimensional requirements and restrictions
set forth in Schedule A annexed hereto are incorporated herein and
made a part of this chapter.[1] No building or structure shall be erected and no land
used in violation of those dimensional requirements and restrictions.
A.
Buildings, uses and lots.
(1)
One principal building and use per lot. There shall not be more than
one principal structure and one principal use on any lot in the residential
districts (R-1, R-2).
(2)
Yard and open space for every building. No part of any yard or other
open space required about any building or structure for the purpose
of complying with the provisions of this chapter shall be included
as part of the yard or other open space similarly required for another
structure. Also, no yard or other open space on one lot shall be considered
as a yard or open space for a building or structure or any other lot.
(3)
Subdivision of a lot. Where a lot is hereafter formed from part of
a lot already occupied by a building, such separation shall be effected
so as not to violate any of the requirements of this chapter with
respect to the existing building, including yards and other required
spaces in connection therewith. No zoning permit shall be issued for
the erection of a building on the new lot thus created unless there
is full compliance with all the provisions of this chapter.
(4)
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel, the matter shall be referred to the Zoning Board of Appeals and dealt with in accordance with the applicable provision of § 295-14.
(5)
Required street frontage. No zoning permit shall be issued for any
structure unless the lot which that structure is to be built upon
has the required frontage on a street, as defined herein, which frontage
provides the actual access to such structure, and which street shall
have been suitably improved to Village Board standards or a bond posted
therefor to the satisfaction of the Village Board and Planning Board.
(6)
Parts of lot not counted toward area requirements. No part of any
lot less in width than 1/2 of the minimum requirements for the district
in which it is located shall be counted as part of the minimum lot
area.
(7)
Adjacent lots. Where two or more adjacent lots are at the time of
the effective date of this chapter in the same ownership, they shall
not be considered a single lot, unless they are described as one parcel
in a deed recorded at the Genesee County Clerk's office.
(8)
Supplementary yard regulations.
(a)
Porches. No unroofed structure shall be considered part of a
building insofar as yard requirements are concerned. A porch shall
be considered a part of the building in determining the yard requirements
or amount of lot coverage.
(b)
Projecting horizontal architectural features. Architectural
features, such as window sills, belt courses, chimneys, cornices,
eaves or bay windows, shall not project more than three feet into
any required yard.
(c)
Visibility at intersections. On a corner lot in any district,
no fence, wall, hedge, or other structure or planting more than three
feet in height shall be erected, placed or maintained within the triangular
area formed by the intersecting street lines and a straight line joining
said street lines at points which are 20 feet distant from the point
of intersection, measured along said street lines. This subsection
shall not apply to existing trees, provided that no branches are closer
than six feet to the ground.
(d)
Swimming pools. All swimming pools as defined by this chapter
shall be considered accessory uses to principal residential uses located
on the same lot and shall be located only within side and rear yard
areas with a minimum setback from side or rear lot lines of at least
five feet. Pools shall be fenced and protected by an appropriate gate
as set forth in the New York State Uniform Fire Prevention and Building
Code. Temporary wading pools, those pools less than two feet in height
and holding less than 1,000 gallons of water, may be placed in any
yard area.
(e)
Buffer strip. Wherever a buffer strip is required by this chapter (see also § 295-36) it shall meet the following standards:
[1]
Be at least 10 feet in width along any commercial industrial
lot line abutting a lot in a residential district.
[2]
Be of evergreen planting of such type, height and spacing as,
in the judgment of the Planning Board, will screen the activities
on the lot from view of a person standing at street level on the adjoining
lot. The plan and specifications for such planting shall be filed
with the approved plan for the use of the lot.
[3]
A wall or fence of location, height, and design approved by
the Planning Board may be substituted for the required planting.
(f)
Waste containers/dumpsters. The location of all waste containers
and/or dumpsters for multifamily and nonresidential uses shall be
determined by the Planning Board through the site plan review process.
Relocation of existing waste containers and/or dumpsters shall also
be subject to review and approval by the Planning Board. The Planning
Board may require screening of waste containers/dumpsters. This provision
shall not apply to the temporary placement of garbage cans awaiting
collection or the temporary use of dumpsters or "roll-offs" during
a cleaning, moving or construction project.
(9)
Open space, industrial districts. Where an industrial district abuts
a residential district, there shall be at least 100 feet of open space
within the industrial district along such abutting line, which open
space shall include a buffer strip.
(10)
Excavation. In any construction, open excavations shall be limited
to a maximum of 30 days, with appropriate fencing, barricades, or
covering.
B.
Location of accessory building, structures, and satellite dishes.
(1)
Accessory buildings are permitted as follows.
(a)
A one-story accessory building having a total floor area of
150 square feet or less and a building height of not more than nine
feet shall not be located closer than three feet to the rear and side
lot lines in the rear yard areas.
(b)
The location of accessory buildings having a total floor area
greater than 150 square feet or a building height of greater than
nine feet shall be located in compliance with the required yard areas
of the respective district and shall not be located in front of the
principal building, i.e., the front yard. Such building will have
a maximum dimension of 1,350 cubic feet, or being such size as 25%
or less of the main building's square footage, height, and/or volume,
whichever is less.
[Amended 11-9-2015 by L.L. No. 3-2015]
(2)
Accessory structures (other than buildings) are permitted as follows: (for fences see § 295-40).
(a)
Accessory structures (other than buildings) equal to or less
than 15 feet in height, including satellite dishes with a diameter
of 40 inches to 13 feet, shall not be located closer than three feet
to the side and/or rear lot line and shall not be located within the
minimum required front yard. Satellite dishes less than 40 inches
in diameter may be located anywhere on a lot, provided they do not
project over property lines. Zoning permits are not required for satellite
dishes less than 40 inches in diameter.
(b)
Accessory structures (other than buildings) greater than 15
feet in height, including production model wind energy conservation
systems (windmills), antennas and satellite dishes greater than 13
feet in diameter, shall be located in compliance with the required
side and/or rear yard area of the respective district and shall not
be located in the front yard.
C.
Nonconforming uses, structures and lots.
(1)
Lawful existing uses or structures. Except as otherwise provided
in this section, the lawful use of land or structures existing at
the effective date of this chapter may be continued, although such
use or structure does not conform to the regulations specified in
this chapter for the zone in which such land or structure is located;
provided, however:
(a)
That no nonconforming lot shall be further reduced in size.
(b)
That no nonconforming building be enlarged, extended or increased
unless such enlargement would tend to reduce the degree of nonconformance.
(c)
That no nonconforming use may be expanded.
(d)
That no existing conforming use shall be changed to a nonconforming
use.
(2)
Abandonment. A nonconforming use shall be adjusted or abandoned when
there occurs a cessation of any such use or activity and a failure
on the part of the tenant or owner to reinstate such use within a
period of one year from the date of cessation or discontinuance.
(3)
Restoration and repair. Nothing in this chapter shall prevent the
restoration and repair or continuation of use of a nonconforming building
destroyed or partly destroyed by a disaster, provided that restoration
is commenced within six months after date of destruction and is completed
within 12 months after date of destruction.
(4)
Reversion. No nonconforming use shall, if once changed into a conforming
use, be changed back again to a nonconforming use.
(5)
Alterations. A nonconforming building may not be structurally altered
during its life to an extent exceeding, in aggregate cost, 50% of
the assessed value of the building unless said building is changed
to conform to the requirements of this chapter.
(6)
District changes. Whenever the boundaries of a district shall be
changed so as to transfer an area from one district to another of
a different classification, the foregoing provisions shall also apply
to any nonconforming use existing therein or created thereby.
D.
Uses not permitted. Uses which are not specifically allowed by this
chapter are prohibited.
E.
Minimum enclosed living area.
(1)
One-family dwellings shall have a minimum enclosed living area (not
including garage but also not limited to only habitable floor area)
of at least 750 square feet.
(2)
Two-family dwellings shall have an enclosed living area of at least
750 square feet per unit.
(3)
Multiple-family dwellings shall have an enclosed living area per
unit as follows:
|
Number of Bedrooms Per Unit
|
Minimum Square Footage
|
|---|---|
|
Efficiency
|
300
|
|
1 bedroom
|
550
|
|
2 bedrooms
|
650
|
|
3 bedrooms
|
800
|
|
4 bedrooms
|
1,000
|
|
5+ bedrooms
|
As determined by Planning Board based upon proposed occupancy
|
F.
Stabling farm animals and storage of fertilizer, agricultural chemicals
and manure.
(1)
There shall be no stabling of farm animals or storage of manure with
the Village.
(2)
There shall be no storage of bulk quantities of fertilizer, pesticides,
and/or herbicides, or similar odor or dust-producing or hazardous
substances within the Residential or Commercial Districts. Bulk storage
of such substances within the Industrial District is permitted only
after site plan approval.
G.
Minimum dimensional criteria. All one- and two-family dwelling units
located on individual lots shall have a minimum outside width of at
least 18 feet. This provision shall not prohibit the construction
of smaller additions or projections from larger units (less than 18
feet wide), provided an eighteen-foot minimum width is clearly established
for the overall unit.
H.
Harboring of animals. Only domestic animals, as defined by this chapter
or through successful appeal to the Zoning Board of Appeals, shall
be harbored within the Village.
[1]
Editor's Note: Schedule A is included as an attachment to
this chapter.
The Village of Oakfield is hereby divided into the following
zoning districts which are shown, defined and bounded on the Zoning
Map accompanying this chapter, which map is made a part of this chapter.
The Zoning Map is hereby made a part of this chapter and shall be
on file in the Village Clerk-Treasurer's office.
|
R-1
|
Residential 1 District
|
|
R-2
|
Residential 2 District
|
|
C-1
|
Neighborhood Commercial
|
|
C-2
|
Central Commercial District
|
|
I
|
Industrial District
|
|
PUD
|
Planned Unit Development
|
In order to promote orderly development and the general welfare of the community, where land is newly annexed but before legislative action can be taken to zone said land designating said land as being in one of the districts referred to in § 295-22 of this article, such newly annexed land shall not be improved or developed in any manner, including the erection of any buildings or other structures or alteration of any existing buildings or other structures thereon or change of any use with respect thereto, until such legislative action is taken; provided, however, that if such legislative action is not taken and such designation is not made within 180 days of the effective date of the annexation, the restrictions contained in this section shall no longer apply.
A.
Questions concerning the exact location of district boundary lines as shown on the Zoning Map shall be resolved by the Zoning Enforcement Officer with the option of appeal of such determination to the Zoning Board of Appeals pursuant to the provisions of § 295-14 of this chapter.
B.
Where a district boundary line divides an existing lot of record,
the regulations for the less restricted part of such lot shall extend
to this lot line in the more restrictive district or 50 feet, or whichever
is less, provided the lot has frontage on a street in the less-restricted
district.
A single-family dwelling and/or customary accessory buildings
may be placed on any lot of record existing prior to the effective
date of this chapter and having a minimum of 50 feet in width and
6,000 square feet in area. This provision shall apply even though
such lot fails to meet the requirements for area, width or yard size,
provided that the yard requirements of this section and the other
requirements of this chapter are met. The minimum yard requirements
for single-family dwelling on existing lots shall be as follows:
The R-1 District is designed to accommodate primarily single-family
residential uses on lots with a minimum area of 10,000 square feet.
The primary purpose of this district is to encourage quality residential
development in those newly developed or still undeveloped areas of
the Village.
B.
The following uses are permitted in the R-1 District upon the issuance
of a special use permit:
(1)
Two-family dwelling.
(2)
Multifamily dwelling.
(3)
School.
(4)
Religious institution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
Volunteer fire department/ambulance service.
(6)
Home occupation.
(7)
Boardinghouse.
(8)
Child day-care center.
(9)
School-age child-care program.
(10)
Community center.
The R-2 District is designed to accommodate primarily single-
and two-family dwellings on lots with a minimum area of 6,000 and
8,000 square feet, respectively. The primary purpose of this district
is to encourage the retention of a positive community character within
those developed residential areas of the Village.
B.
The following uses are permitted in R-2 Districts upon the issuance
of a special use permit:
(1)
Multifamily dwelling.
(2)
School.
(3)
Religious institution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Volunteer fire department/ambulance service.
(5)
Funeral home.
(6)
Social organization.
(7)
Boardinghouse.
(8)
Home occupation.
(9)
Child day-care center.
(10)
School-age child-care program.
(11)
Community center.
(12)
Adult-care facility.
The C-1 District is designed to accommodate primarily commercial
uses on lots with a minimum area of 8,000 square feet. The primary
purpose of this district is to provide areas for small- to medium-sized
commercial uses. Site plan review is required of all uses in C-1 Districts.
A.
The following uses are permitted in C-1 Districts:
B.
The following uses are permitted in C-1 Districts upon the issuance
of a special use permit:
(1)
Gasoline station.
(2)
Gasoline station-market.
(3)
Drive-in establishments.
(4)
Motor vehicle sales and service.
(5)
Residential uses.
(6)
Nightclub/taverns.
(7)
Child day-care center.
(8)
School-age child-care program.
(9)
Self-service storage facility.
(10)
Community center.
(11)
Adult-care facility.
(12)
Enclosed light industrial.
(13)
Commercial school.
The C-2 District is designed to accommodate primarily concentrated
commercial development. Site plan review is required of all uses in
C-2 Districts.
A.
The following uses are permitted in C-2 Districts:
(1)
Retail store/service.
(2)
Professional offices.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Restaurant.
(4)
Hotel, motel.
(5)
Funeral home.
(6)
Bank.
(7)
Club.
(8)
Animal hospital/veterinary facility.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(9)
Museums.
[Added 11-9-2010 by L.L.
No. 3-2010]
B.
The following uses are permitted in C-2 Districts upon the issuance
of a special use permit:
(1)
Drive-in establishments.
(2)
Arcade.
(3)
Indoor recreation.
(4)
Motor vehicle sales and service.
(5)
Nightclub/tavern.
(6)
Residential uses, except on the ground floor (first floor) that would
result in the removal of commercial space.
[Amended 4-27-2009 by L.L. No. 2-2009]
(7)
Commercial school.
The I District is designed to accommodate industrial uses. Site
plan review is required of all uses in the I District.
A.
The following uses are permitted in I Districts:
(1)
Enclosed manufacturing industry.
(2)
Enclosed warehouse or wholesale use.
(3)
Public utility.
(4)
Enclosed service and repair.
(5)
Machinery and transportation equipment, sales, service and repair.
(6)
Enclosed industrial processes and service.
(7)
Freight or trucking terminal.
(8)
Contractor's yard.
(9)
Public garage.
(10)
Accessory building and use.
B.
The following uses are permitted in I Districts upon the issuance
of a special use permit:
(1)
Manufacturing use (not enclosed).
(2)
Warehouse or wholesale use (not enclosed).
(3)
Service and repair (not enclosed).
(4)
Other industrial uses upon the finding that such use is of the same
general character as those permitted and will not be detrimental to
other uses within the district or to adjoining land uses.
(5)
Adult uses.
(6)
Self-service storage facility.
(7)
Child day-care center.
(8)
Disposal transfer station.
(9)
Recyclables handling and recovery facility.
A.
Purpose. The purpose of the Planned Unit Development District is
to permit greater flexibility, more creative and imaginative design
and utilization of innovative land development techniques while promoting
more economical and efficient use of land, buildings, circulation
systems and utilities; to provide for both individual building sites
and common property which are planned and developed as a unit; to
provide harmonious land uses which offer a high level of amenities;
to permit a variety of residential types and/or nonresidential uses;
and to preserve natural and scenic qualities of the site during the
development process.
B.
General requirements.
(1)
Minimum area. The minimum area required to qualify for a planned
unit development shall be two contiguous acres of land.
(2)
Ownership. The tract of land for a planned unit development may be
owned, leased or controlled either by a single person or corporation
or by a group of individuals or corporations. An application must
be filed by the owner, or jointly by owners, of all property included
in a project. In the case of multiple ownership, the approved planned
unit development plan is binding on all owners.
(3)
Location. The Planned Unit Development District shall be applicable
to any zoning district or parts of zoning districts where the applicant
can demonstrate that the characteristics of his holdings and plan
will meet the objectives of this section.
(4)
Common open space. Common open space in a planned unit development
may be one or more sites for use in common by all of the occupants
within the project area or by the residents of the Village as a whole,
depending upon dedication of such sites. Such common open space may
be retained in private ownership or received in dedication by the
Village. If the open space remains in private ownership, arrangements
for the operation, maintenance, improvement and liability of such
common property and facilities must be approved by the Village Board.
No common open space, so designated by the proposal and approved by
the Village Board, may be thereafter developed or disposed of except
with the approval of the Village Board.
(5)
Permitted uses. Any uses identified as permitted uses or uses allowed by special permit as set forth in this chapter and mobile home parks (see § 295-43) may be permitted in a planned unit development.
(6)
Mix of uses. The mix of permissible uses shall be determined by the
Village Board.
C.
Application procedure and approval process.
(1)
Conceptual review. Before submission of a petition for rezoning as
a planned unit development, the developer is encouraged to meet with
the Village Planning Board to determine the feasibility and suitability
of his proposal before entering into any binding commitments or incurring
substantial expenses of site plan preparation and the required documentation.
(2)
Rezoning procedure.
(a)
Submission of petition. All petitions for the establishment of Planned Unit Development Districts shall be submitted to the Village Clerk-Treasurer [see Subsection C(2)(d) of this section].
(b)
Notification and referral. Within five working days, the Village
Clerk-Treasurer shall notify the Village Board of the petition and
shall refer the petition and all supporting documentation to the Village
Planning Board for its review and recommendations.
(c)
Planning Board review. Within 60 days of receipt of the application,
the Village Planning Board shall review the petition and shall recommend
approval, approval with modifications or disapproval. Failure to act
within 60 days or such longer period as may be consented to shall
cause such application to be forwarded to the Village Board without
a recommendation.
(d)
Submission requirements. The applicant shall submit a minimum
of four sets of such plans, and drawings (additional sets may be required).
These four sets shall be submitted to the Village Clerk-Treasurer.
The preliminary plans shall be accompanied by such maps, charts and
written material necessary for the Boards to make a preliminary judgment
on the suitability and impact of the proposed planned unit development
on the Village. Preliminary plans should include the following:
[1]
A preliminary site plan of the property covered by the petition
showing the approximate size and location of the various development
areas (road rights-of-way, single-family housing areas, multifamily
housing areas, commercial and open space areas, etc.); the number
and type of residential structures and dwelling units within each
residential area; the approximate square footage of nonresidential
use within each nonresidential area; the amount of open space; traffic
circulation; and the surrounding land uses.
[2]
A written preliminary description of the proposal, including
the total number of acres in the site; the estimated number and type
of housing units; the estimated residential and nonresidential density;
the major planning assumptions and objectives; the probable effect
on adjoining properties; and the effect on the overall Village development
plan and the effect on this chapter.
(e)
Review considerations. In review of the preliminary plans, the
Planning Board shall consider the manner with which the proposal fits
the general pattern of land use established by this chapter and the
impact on the established land uses in the area, overall density of
development, traffic circulation, the provision of open spaces, and
the effect on schools and other municipal facilities.
(f)
Village Board review and approval. Upon receipt of the Planning
Board's recommendation, the Village Board may, after a public hearing
and review of the proposed zone change by the County Planning Board,
amend this chapter so as to establish and define the boundaries of
the planned unit development. If the rezoning request is approved
for the planned unit development, such action does not authorize improvements
to the rezoned land.
(3)
Final plan.
(a)
Ownership. Before final approval of the planned unit development,
the applicant must show evidence of the full legal ownership in the
land.
(b)
Submission of final plan. Upon approval of the zone change,
the applicant has one year in which to submit a final plan to the
Village Clerk-Treasurer.
(c)
Notification and referral. Within five working days, the Village
Clerk-Treasurer shall notify the Village Board of the petition and
shall refer the petition and all supporting documentation to the Village
Planning Board for their review and recommendation.
(d)
Planning Board review. Within 60 days of receipt of the application,
the Village Planning Board shall review the petition and shall recommend
approval, approval with modifications or disapproval. Failure to act
within 60 days or such longer period as may be consented to shall
cause such application to be forwarded to the Village Board without
a recommendation.
(e)
Submission requirements. The applicant shall submit a minimum
of four complete sets of the final plan and drawings (additional sets
may be required). These four sets shall be submitted to the Village
Clerk-Treasurer. The applicant shall submit detailed site plans comparable
to the requirements for final approval of a subdivision plat. The
final plan shall be accompanied by a detailed justification for the
proposal, including such maps, charts and written material necessary
for the Village to make an impartial judgment on the suitability and
impact of the proposed planned unit development on the Village. Such
material shall include, but not be limited to, the following:
[1]
A mapped development plan of the property covered by the petitions
showing the approximate size and location of the various development
areas (road rights-of-way, single-family housing areas, multifamily
housing areas, commercial and open-space areas, etc.), the number
of residential structures and dwelling units within each residential
area, the approximate square footage of nonresidential use within
each nonresidential area and the amount of open space.
[2]
A written description of the proposal, including the major planning
assumptions and objectives, the probable effect on adjoining properties,
the effect on the overall Village development plan and the effect
on this chapter.
[3]
Such additional written material, graphs or charts as are necessary
to present the total number of acres in the site, the number and type
of housing units, the gross and net residential densities, the approximate
selling and/or rental prices of the units, and square feet of nonresidential
floor area, including the approximate selling and/or rental price,
the development schedule expressed in units per month (or year or
any other appropriate time sequence), the phasing plan (if any), the
approximate completion date of the entire project, and the estimated
total construction cost of the project upon completion.
[4]
Such other written or graphic material as is necessary for the
Planning Board to judge the impact of the proposal on the Village.
Such material shall include, but not be limited to: the need for new
public facilities and the adequacy of existing facilities, including
a statement of the intent to which the applicant intends to provide
needed facilities, a fiscal impact statement, including a summary
of new costs and revenues to the Village due to the development, the
projected new population, and the method of assuring that all open
spaces will be permanently maintained and devoted to open space uses.
(f)
Review considerations. In review of the final plan, the Planning
Board shall consider the manner with which the proposal fits the general
pattern of land use established by this chapter, and the protection
of the established and permitted uses in the area. It shall consider:
the location of main and accessory buildings and their relation to
one another; the circulation pattern of the site, and the amount,
location, and access of parking and off-street loading space facilities;
the height and bulk of buildings; the provision of open spaces, landscaped
areas, signs, and similar features of the site plan; and the safeguards
provided to minimize possible detrimental effects of the proposed
development on adjacent property and the surrounding neighborhood;
the manner of conformance with the official development policies of
the Village; the effect on schools and other municipal facilities;
and the manner in which natural and scenic characteristics of the
site are preserved.
(g)
Village Board review and approval. Upon receipt of the Planning
Board's recommendation, the Village Board may, after a public hearing
and review of the final plan by the County Planning Board, approve,
approve with modifications or disapprove the final plan. The Village
Board shall make final decision in accordance with official Village
development policies and may impose conditions relating to that plan.
D.
Design standards.
(1)
Area requirements. Overall area, yard, coverage, height, density
and supplementary regulation requirements shall be comparable to minimum
requirements in appropriate zoning districts for each specific use,
except where the Planning Board finds that it is in the public interest
to modify these requirements and the Village Board approves such modifications.
(2)
Traffic and circulation. All proposed public roads shall meet the
design and construction specifications set forth by the Village. Special
consideration should be given to pedestrian movement from the standpoint
of safety, convenience and amenity. Sidewalks, curbs and gutters should
be considered in the design of the overall circulation system.
(4)
Performance and maintenance bonds. Performance and maintenance bonds
may be required at the discretion of the Village Board.
