A.
The purpose of this article is to provide criteria for specified uses due to the likely impacts to surrounding properties. These criteria are applied to mitigate impacts including noise, parking, traffic, unsightliness, odors, dust, vibrations, light and fumes. The regulations are intended to promote the public health, safety and compatibility with the immediate neighborhood and the larger community.
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.
(i)
Storage structures.
(j)
Tennis courts, limited to use by the occupants thereof and their guests.
(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:
(5)
Dish antennas one meter or less in diameter to be located on the ground.
(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.
(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.
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:
(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:
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:
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:
Retail sales and service shall be subject to the following requirements:
See Chapter 120 of this Code.
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.
