Accessory structures and uses are permitted in any zoning district
in connection with any principal use lawfully existing within such
district. No accessory use or structure shall be established or constructed
until the primary use or structure is constructed and unless a building
permit evidencing the compliance of such use or structure shall have
first been issued in accordance with this section. Accessory uses
and structures deemed to be similar in nature and appropriate by the
Code Enforcement Officer may also be allowed in the Village of Sylvan
Beach.
A. For residential uses, the following accessory uses and structures
are permitted:
(1) All detached accessory structures and uses, except for the driveway,
accessory to a residential use, shall be located in the rear yard
and shall include:
(a)
Child's playhouse. (These structures shall only be permitted
in the front yard of a waterfront property.)
(b)
Decks, patios and terraces. (These structures shall only be
permitted in the front yard of a waterfront property.)
(c)
Detached residential garages.
(d)
Fallout shelters, provided that they shall not be used for any
principal or accessory use not permitted in the zoning district.
(e)
Fire escapes, but only when located on that portion of the dwelling
bordering on the side or rear yard.
(f)
Outdoor parking or storage of no more than one boat and boat
trailer, camping trailer, ATV, camping vehicle or the like, provided
that such boat, trailer or vehicle shall not be used for living, sleeping
or housekeeping purposes.
(g)
Private swimming pools and bathhouses, limited to use by the
occupants and their guests.
(h)
Solar energy systems. (Reference §
136-22.)
(j)
Tennis courts, limited to use by the occupants thereof and their
guests.
(k)
Wind energy conversion systems. (Reference §
136-22.)
(2) Attached residential garages.
(3) Building management offices when limited to the management of the
building in which such office is located or a complex of buildings
forming an integrated development of which such building is a part.
(4) Vehicle repair of noncommercial vehicles on residential premises
when performed:
(a)
By a resident of the premises;
(b)
On a legal, off-street parking space;
(c)
On a vehicle owned, licensed and operated for personal use by
a resident of the premises; and
(d)
Between the hours of 7:00 a.m. and 10:00 p.m.
(5) Dish antennas one meter or less in diameter to be located on the
ground.
(6) Fences, walls and hedges subject to the provisions of §
136-47, Fences and walls.
(7) Handicapped ramps in the side or rear yard, provided the ramp does
not obstruct access to required parking.
B. For nonresidential uses, the following accessory uses and structures
are permitted:
(1) Vending machines (in the VC and CR Districts only), but not within
the required setbacks; and, if located within 150 feet of the residential
district, the machine shall be screened from the residential district.
(2) Decks, patios and terraces when associated with a legal outdoor seating/assembly
area.
(3) Outdoor entertainment, dining and bars.
(4) Detached garages, but only in the rear yard.
(5) Dish antennas one meter or less in diameter in the VC and CR Districts.
(6) Fences, walls and hedges subject to the provisions of §
136-47, Fences and walls.
(7) Fire escapes, but only when attached to that portion of the dwelling
bordering on the side or rear yard.
(8) Freestanding radio antennas located in the rear yard.
(9) Parking lots and parking areas.
(11)
One storage structure, incidental to a permitted use located
in the rear yard only in the VC and CR Districts.
(12)
Temporary outdoor display of retail merchandise only in the
VC and CR Districts.
(13)
Walk-up service windows facing any public right-of-way when
accessory to a permitted commercial use when associated with a legal
retail operation.
(14)
Wind energy conversion systems, subject to site plan approval. (Reference §
136-22.)
C. For public land uses, the following accessory uses and structures
are permitted:
(1) Fences, walls and hedges, subject to the provisions of §
136-47, Fences and walls.
D. Accessory structures. Accessory structures may be erected in accordance
with the following restrictions:
(1) No more than two accessory structures shall be allowed on any single
lot with a primary residential structure.
(2) No accessory structure shall be located closer than 10 feet to a
principal structure.
(3) Maximum accessory structure footprints shall be limited to:
(a)
Garages: 800 square feet.
(b)
Private greenhouses: 800 square feet.
(c)
Storage sheds (including wood storage facilities): 144 square
feet. The width of a storage shed shall measure at least 1/3 its length.
(d)
Commercial accessory structures: 600 square feet.
(4) Up to two additional (three in total) commercial structures containing
the same use may be considered a single primary structure.
(5) All accessory structures shall comply with the dimensional requirements
(except height dimensions) for the zone in which they are located.
The maximum height of accessory structures in all districts is 16
feet.
(6) Pitched roofs shall have slopes no less than 5:12.
(7) Exempt accessory structures.
(a)
For the purpose of this Code, upon the issuance of a short-term
permit, fully enclosed tractor-trailer type trailers, fully enclosed
commercial-type shipping containers, fully enclosed PODS®, and similarly styled fully enclosed storage
containers will be considered as exempt accessory structures.
(b)
An application for a renewable short-term permit for an exempt
accessory structure can be obtained from the Village Clerk and will
be available for issuance upon affirmation that the placement of such
container(s) will not be in violation of the setback requirements
of the zone within which such container(s) will be utilized.
(c)
Applicants will be entitled (and limited) to six renewable thirty-day
short-term permits, for each exempt accessory structure, per calendar
year, as follows:
[1]
A permit for each exempt accessory structure will be required
for the first thirty-day period, at no charge to the applicant.
[2]
A separate permit for each exempt accessory structure will be
required for the second thirty-day period (whether contiguous, or
otherwise); the fee for said second thirty-day period will be $50
per permit for each exempt accessory structure.
[3]
A separate permit for each exempt accessory structure will be
required for the third thirty-day period (whether contiguous, or otherwise);
the fee for said third thirty-day period will be $50 per permit for
each exempt accessory structure.
[4]
A separate permit for each exempt accessory structure will be
required for the fourth thirty-day period (whether contiguous, or
otherwise); the fee for said fourth thirty-day period will be $50
per permit for each exempt accessory structure.
[5]
A separate permit for each exempt accessory structure will be
required for the fifth thirty-day period (whether contiguous, or otherwise);
the fee for said fifth thirty-day period will be $50 per permit for
each exempt accessory structure.
[6]
A separate permit for each exempt accessory structure will be
required for the sixth and final thirty-day period (whether contiguous,
or otherwise); the fee for said sixth and final thirty-day period
will be $50 per permit for each exempt accessory structure.
(d)
It shall be a violation of this Code for any person, entity,
or corporation to place or store an exempt accessory structure upon
any parcel in the Village without a valid short-term permit in effect
for each such structure.
An antenna is an accessory use and shall not be located, constructed
or maintained on any lot or land area, except in conformity with the
following requirements:
A. No antennas, satellite dishes or other communications equipment shall
exceed the height limits in the zoning district where they may be
located.
B. Roof-mounted antennas which do not exceed six feet in height above
the roofline shall be permitted.
C. All antennas shall be securely mounted to a structure.
All bed-and-breakfast uses shall annually obtain a license to operate a bed-and-breakfast establishment under the same terms and conditions as set forth in §
136-31 of this chapter, and all bed-and-breakfast uses shall be subject to compliance with all the special use and licensing conditions and requirements applicable to transient occupancy lodging uses as set forth in said §
136-31, except to the extent such conditions or requirements may conflict with the provisions of this section, in which case the provisions of this section shall apply. Bed-and-breakfast establishments shall be subject to the following requirements:
A. The owner shall live on the premises of the bed-and-breakfast establishment.
B. No alteration to either the exterior or the interior of any principal
or accessory structure shall be made which changes the character or
appearance of the residential premises.
C. One attached or detached sign of not more than two square feet in
area shall be permitted.
D. The maximum number of overnight guests shall not exceed two per bedroom.
In no case shall more than a total of eight guests be permitted in
each bed-and-breakfast establishment.
E. Breakfast only shall be served and only to overnight guests.
F. No events, meetings or other activities for people who are not overnight
guests shall be permitted.
G. Parking on premises: maximum one car per two guests.
Day-care centers shall be subject to the following requirements:
A. No permanently installed play equipment shall be located in the required
front yards.
B. All residential day care must follow NYS Rules and Regulations.
Drive-through uses shall be subject to the following requirements:
A. Drive-throughs shall be prohibited in the front yard and shall be
located to preserve continuous vehicular and pedestrian access from
the public right-of-way to the principal building entry.
B. When adjacent to residential uses, drive-throughs, including both
the facility and queuing lanes, shall be a minimum of 100 feet from
the property line of adjacent residential properties and screened
by a solid fence or masonry wall of at least six feet in height.
C. The stacking spaces shall be located so as not to interfere with
the use of parking spaces or the free flow of traffic on the site
and shall be adequately striped and marked with directional signs.
D. Any outside speakers shall be adequately screened and/or metered
so as not to increase the sound level at the property lines.
Home occupations shall be subject to the following requirements:
A. No more than 25% of the gross floor area of the dwelling unit shall
be devoted to the home occupation. This requirement shall not apply
to family day-care homes.
B. No stock-in-trade shall be displayed or sold on the premises.
C. There shall be no outdoor storage of commercial vehicles, equipment
or materials used in the home occupation.
D. Commercial vehicles shall not be permitted in connection with any
home occupation.
E. No mechanical, electrical or other equipment, which produces noise,
electrical or magnetic interference, vibration, heat, glare or other
nuisance outside the residential or accessory structure, shall be
used.
F. No home occupation shall be permitted which is noxious, offensive
or hazardous by reason of hours of operation, vehicular traffic, generation
or emission of noise, vibration, smoke, dust or other particulate
matter, odorous matter, heat, humidity, glare, refuse, radiation or
other objectionable emissions.
G. No signage shall be allowed in the Residential District R1 or R2.
In all other districts, one unlighted sign not over one square foot
in area attached flat against the dwelling and displaying only the
occupant's name and occupation shall be permitted to advertise
the presence or conduct of the home occupation.
H. Instruction for no more than five attendees shall be allowed.
I. Any building or lot where more than two domesticated animals are
housed, groomed, bred, boarded or trained shall not be considered
a home occupation.
J. No person shall be employed other than residents of the dwelling.
K. A home occupation shall not be conducted in any accessory structure.
With the exception of an attached garage or workshop.
L. No sales or services shall be conducted requiring members of the
public to come to the dwelling.
M. Not more than one vehicle used in commerce shall be permitted in connection with any home occupation. Vehicle parking is further subject to the provisions of §
136-49.
N. The conduct of any home occupation, including but not limited to
the storage of goods or equipment, shall not reduce or render unusable
the garage provided for parking for the dwelling unit.
Mixed-use developments shall be subject to the following requirements:
A. Portions of buildings designated for commercial purposes shall not
be used for dwelling purposes.
B. Portions of buildings designated for dwelling purposes shall not
be used for commercial purposes.
C. This provision shall not be deemed to prohibit the use of a portion
of the building or structure as living quarters for caretakers or
attendants of a place of worship or institutions where such uses are
authorized in any zoning district.
D. Any changes subject to Planning Board approval.
Mobile homes shall be subject to the following requirements:
A. Mobile home parks shall comply with the requirements of Chapter
75 of the Village Code.
B. Mobile homes shall only be allowed in mobile home parks.
Public utilities shall be subject to the following requirements:
A. Any structure shall be set back not less than 25 feet from all property
lines or the minimum setback requirements of the applicable zoning
district, whichever is greater.
B. No parking or storage areas/facilities shall be located in the front
setback.
C. The uses shall be enclosed by a screen of vegetation and/or fence
or wall.
D. The storage of vehicles and equipment on the premises shall be prohibited.
E. All buildings and structures shall either have exteriors which give
the appearance of a structure permitted in the district where located
or shall be screened from view from any private property located in
any residential district; any such screening located in or adjoining
any front yard shall be limited to vegetation which provides effective
year-round screening.
F. All such uses shall be fenced where any hazard to the safety of human
or animal life is present.
G. No service or storage yard or building shall be permitted except
as permitted for other uses in the district.
H. The level of noise emanating from such use shall not exceed 66 decibels
(dB) by day and 45 dB by night measured at any lot line which is also
the lot line of a property in the Residential or Planned Development
District, or a permitted or specially permitted residential use in
any other zoning district, if the residential use was established
prior to the establishment of the utility.
Recreational vehicles shall be subject to the following requirements:
A. Except as specified by Chapter
75 of this Code, no recreational vehicle, camper or tent shall be occupied or connected to any utilities without a three-day nonrenewable permit issued by the Code Enforcement Officer.
B. No more than one recreational vehicle allowed on any residential property as specified in Chapter
75.
Retail sales and service shall be subject to the following requirements:
A. All sales, displays and storage shall be conducted within a completely
enclosed building unless authorized through site plan review.
B. Ingress, egress and traffic circulation on the site shall be designed
and maintained to minimize hazards and congestion.
Except as otherwise expressly provided in this section, temporary
uses are permitted, subject to the standards hereinafter established.
A. Particular temporary uses permitted. Application must be made to
the Code Enforcement Officer, who may issue such permit(s) for the
allowable uses in this section, setting forth in the permit any conditions
or requirements which will be applicable to the temporary use. This
section shall not apply to resortoriented events and uses authorized
by the Village Board.
(1) Temporary art and craft festival, show, exhibit or sale by not-for-profits.
(a)
A temporary outdoor festival, art and craft show, exhibit or
sale may be permitted in any district by any not-for-profit organization
when approved by the Code Enforcement Officer on the basis of the
adequacy of the parcel size, parking provisions and traffic access
and the absence of any undue adverse impact on surrounding properties
and districts.
(b)
Such use shall be limited to one event for a period not to exceed
seven consecutive days per year.
(c)
The hours of operation shall be limited to 8:00 a.m. to 10:00
p.m.
(d)
Such use need not comply with the front yard requirements of
this chapter, except that structures or equipment that might block
the view of operators of motor vehicles on the public streets shall
not be located within 30 feet of the intersection of the curb lines
of any two streets.
(e)
Such use need not comply with the maximum height requirements
of this chapter.
(f)
A temporary indoor art or craft show, festival, exhibit or sale
may be permitted in any nonresidential district or in any public park
in a residential district subject to prior approval by the Code Enforcement
Officer. Such use shall be limited to a period not to exceed three
days per event and no more than two events per year for each organization.
(2) Real estate office, contractor's office, equipment shed and
construction staging areas.
(a)
Real estate offices.
[1]
Real estate offices containing no sleeping or cooking accommodations,
unless located in a model dwelling unit, may be permitted in any district
when accessory to a new housing development.
[2]
Such use shall be limited to the period of the initial active
selling or leasing of dwelling units in such development.
(b)
Contractors' offices, equipment sheds and construction
staging areas containing no sleeping or cooking accommodations may
be permitted in any district when accessory to a construction project.
Temporary storage shall be allowed as an accessory use to the contractors'
office or equipment shed.
(c)
Such uses shall be limited to a period not to exceed the active
duration of such project.
(3) Seasonal sales.
(a)
Seasonal sales, including, but not limited to, Christmas tree
sales, may be permitted in any nonresidential district by any not-for-profit
group or organization when conducted by such group or organization
when approved by the Code Enforcement Officer on the basis of the
adequacy of the parcel size, parking provisions and traffic access
and the absence of undue adverse impact on surrounding properties
and districts. Such sales shall be limited to one event per organization
each year.
(b)
Such use shall be limited to a period not to exceed 45 days.
(c)
Display of Christmas trees need not comply with the yard and
setback requirements of this chapter, except that no tree shall be
displayed within 30 feet of the intersection of the curb lines of
any two streets.
(4) Temporary outdoor sales for businesses.
(a)
A temporary outdoor sale may be permitted on the premises of
the operating business in the VC and CR Districts by the Code Enforcement
Officer depending on the adequacy of the lot size, parking provision,
and traffic access and the absence of any undue adverse impact on
the neighboring properties and districts.
(b)
Such use shall be limited to one event for a period not to exceed
seven consecutive days each year.
(5) Private dining tents. A maximum of one dining tent (with and without
screens) or canopy used for dining or other purposes may be erected
from May 1 to October 1. Dining tents or canopies may not be used
for camping purposes in a residential district.
B. Parking. Before approving any temporary use, the Code Enforcement
Officer shall make an assessment of the total number of off-street
parking spaces which shall be reasonably required for the particular
use, its intensity, and the availability of other parking facilities
in the area, and shall approve such temporary use only if such off-street
parking is provided.
C. Period of operation.
(1) A temporary use shall be operated only during those hours or on any
days of the week as specified in this section and as approved by the
Code Enforcement Officer on the basis of the nature of the temporary
use and the surrounding uses.
(2) Each not-for-profit organization or for-profit business shall be
limited to one temporary use per calendar year, unless noted otherwise
in this section.
[Added 3-15-2021 by L.L.
No. 3-2021]
A. Adult uses, due to their nature, have serious objectionable characteristics
that can have a significant impact on the neighborhood and community
in which they are located, particularly when located in close proximity
to residential areas and recreational/commercial areas. The objectionable
characteristics of these areas are further heightened by their concentration
in any one area thereby having deleterious effects on adjacent areas.
The uncontrolled proliferation of such uses would be inconsistent
with the Village as a primarily residential and family oriented community
as well as a recreational destination. Such uses can contribute to
the blighting or downgrading of areas in which they are located as
a result of their related potential for an increase in crime and the
undermining of the economic and social welfare of the community. The
special regulations deemed necessary to control the undesirable secondary
effects arising from adult uses are set forth below. The primary purpose
of these controls and regulations is to preserve the integrity and
character of the residential/destination community. The provisions
of this section have neither the purpose nor the effect of imposing
a limitation or restriction on the content of any communicative materials,
or to deny access by adults to adult uses.
B. No adult use shall be established except upon the receipt of a special permit approval from the Planning Board in accordance with §
136-16 of this chapter and the provisions herein. All adult uses shall be allowed in the district(s) on private property as identified in §
136-17 of this chapter (Village Center by special permit). Adult uses shall conform to the following requirements:
(1) An adult use shall not be located within a 500-foot radius of any
property currently in residential use inside Village boundaries.
(2) No adult use shall be located within a 500-foot radius of another
adult use private property site.
(3) No adult use shall be located within a 500-foot radius of any religious
institution, educational institution, recreational facility, civic
facility or day-care center.
(4) No more than one adult use shall be located on any private property.
(5) No adult use shall be located in any private building that is used
in whole or in part for residential uses.
(6) The required setbacks shall be doubled and shall be measured from
the property line of the premises. As the same shall be appropriate
for such purposes herein.
(7) All building openings, including doors and windows shall be located,
covered or screened in such a manner as to prevent a view into the
establishment from any public street, sidewalk, or parking area.
(8) As a condition of approval of any adult use, there shall be a restriction
that no person under the age of 21 years shall be permitted into or
on the premises.
(9) Any sign for an adult use shall conform to all signage requirements of Chapter
105 of the Village Code. All signs should be attached to the building, no free standing shall be allowed.
(10)
No loudspeakers or sound equipment shall be used for adult uses that can be heard by the public from outside the private property establishment per provisions of chapter
78 of the Village Code.