No building or other structures shall be constructed, reconstructed,
enlarged, extended, moved or structurally altered until an application
for a building permit has been submitted to and approved by the Building
Official and a building permit has been issued by that official. No
land, building, or other structure shall be used or occupied, or changed
in use, until an application for a certificate of occupancy/compliance
has been submitted to and approved by the Building Official and until
a certificate of occupancy/compliance has been issued by that official
certifying conformity with this chapter. All applications shall be
submitted and approved in accordance with this chapter and all building
permits and certificates of occupancy/compliance shall be issued in
accordance with this chapter.
The following performance standards shall apply to all nonresidential
uses of land, buildings and other structures and shall be of continuing
application:
A. Dust, dirt, fly ash and smoke. No dust, dirt, fly ash or smoke shall
be emitted into the air from any lot so as to endanger the public
health and safety, to impair safety on or the value and enjoyment
of other property, or to constitute a critical source of air pollution.
B. Odors. No offensive odors shall be emitted into the air from any
lot so as to impair the value and enjoyment of any other lot.
C. Gases and fumes. No noxious, toxic, or corrosive fumes or gases shall
be emitted into the air from any lot so as to endanger the public
health and safety or to impair safety on or the value and enjoyment
of any other lot.
D. Noise. With the exception of time signals and noise necessarily involved
with the construction or demolition of buildings and other structures,
no noise which is objectionable due to volume, intermittence, beat,
frequency or shrillness shall be transmitted outside the lot where
it originates.
E. Vibration. With the exception of vibration necessarily involved in
the construction or demolition of buildings, no vibration shall be
transmitted outside the lot where it originates.
F. Wastes. No offensive wastes shall be discharged or dumped into any
river, stream, watercourse, storm drain, pond, lake or swamp.
G. Glare and heat. No offensive glare from lighting shall be transmitted
so as to endanger the public health and safety nor shall it be transmitted
into or within any residence district so as to impair the value and
enjoyment of any lot therein. No radiant heat shall be perceptible
outside the lot where it originates.
H. Danger. No material which is dangerous due to explosion, extreme
fire hazard or radioactivity shall be used, stored, manufactured,
processed or assembled except in accordance with applicable codes
and regulations of the State of New York.
No land, building or other structure shall be used for any of
the following purposes:
A. Noxious, offensive or objectionable. Any use which is noxious, offensive, or objectionable by reason of the emission of smoke, dust, gas, odor, or other form of air pollution, or by reason of the deposit, discharge, or dispersal of liquid or solid wastes, in any form, in a manner or amount so as to cause permanent damage to the soil and stream or to adversely affect the surrounding area, or by reason of the creation of noise, vibration, electromagnetic or other disturbance, or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates, or which involves any dangerous fire, explosive, radioactive, or other hazard, or which can cause injury, annoyance, or disturbance to any of the surrounding properties or to their owners and occupants, and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety, or the general welfare, and which does not conform to the performance standards specified in §
535-11.
B. Artificial lighting. Artificial lighting facilities of any kind with
light sources visible beyond the lot lines.
C. Manufactured home. Use of a manufactured home or a camping trailer
as a dwelling; manufactured home courts and recreational vehicle campgrounds.
D. Amusement parks. Amusement parks, circuses, Ferris wheels or similar
amusement devices and outdoor games for profit, except those sponsored
by local nonprofit organizations and then only for periods of not
more than seven days by license issued by the Common Council.
E. Auto-wrecking yards/motor vehicle junkyards. Auto-wrecking yards;
the outside storage of inoperative, unlicensed automotive vehicles
and the outside storage of all automotive parts.
F. Explosives. Manufacture, sale or storage of explosives and fireworks,
except under license from the State of New York and in a manner and
place conforming to the laws of the State of New York and the American
Table of Distances and provided that no more than 5,000 pounds is
stored in any one magazine.
G. Incineration. Incineration or reduction of waste materials, except
in a plant owned and operated by the City or county.
H. Disposal.
(1) Disposal of septic or sewage waste.
(2) Junkyards, sanitary landfills, or dumps, except those established
as an official City or county dump or duly licensed as a dump by the
Common Council.
I. Stockyards; slaughtering of animals.
J. Nuclear reaction. Atomic research or radioactive materials; the generation
of power in any form from nuclear reactions.
K. Cemetery or crematory (but those that exist may continue to do so
and even expand).
L. Liquid petroleum gas distributing stations.
O. Particular manufacturing processes involving primary production of
the following products from raw materials:
(1) Insecticides and/or pesticides.
(2) Rendering plants for fat or animal products.
(3) Ammonia, chlorine or bleaching powder manufacture.
(6) Distillation of coal, wood or bones.
(7) Dry-dyeing establishments.
(9) Gas, manufactured or bottled, sale or storage of.
(10)
Glue, size and gelatin manufacture.
(11)
Oilcloth or linoleum manufacture.
(12)
Paint, oil, varnish or turpentine manufacture.
(13)
Petroleum refining or storage.
(15)
Rawhide or skins, storage, curing or tanning.
(17)
Starch, glucose or dextrine manufacture.
(18)
Sulfurous, sulfuric, nitric or hydrochloric acid manufacture.
(19)
Tallow, grease or lard manufacture or refining.
(20)
Tar distillation or manufacture.
(21)
Tar roofing or tar waterproofing manufacture.
P. Other uses. Any other use, whether specified above or not, that is
of such a nature as to be detrimental to neighboring properties by
reason of emission of odor, dust, refuse matter, garbage, smoke, vibration,
gas radiation, noise or any other factor that is dangerous to the
comfort, peace, enjoyment, health or safety of the area or the community.
Q. Outdoor solid-fuel-burning boiler or furnace accessory structure
appliance, designed and intended, through the burning of solid fuels,
for the purpose of heating a principal structure, any other site,
or structure on premises.
By Local Law No. 4 of the year 2015 the City of Port Jervis
has adopted the Orange County Greenway Compact, as amended from time
to time, as a statement of land use policies, principles and guides.
In its discretionary actions under this zoning law, the reviewing
agency should take into consideration said statement of policies,
principles and guides.