The provisions of this chapter shall be subject to such additions,
modifications or exceptions as herein provided by the following supplementary
regulations.
A. Permanent off-street parking spaces shall be provided and satisfactorily
maintained by the owner of the property for each building which, after
the date when this article becomes effective, is erected, enlarged,
altered or changed for use for any purpose.
B. Such parking space shall be required open space associated with the
permitted use and shall not be reduced or encroached upon in any manner.
C. Location of parking space.
(1) Except as set forth herein, all parking spaces shall be on the same
lot as the building, except with the approval of the Planning Board.
(2) On-street parking located in front of the site shall count towards
fulfilling the parking requirements of that site.
(3) The Board of Trustees may, from time to time, on a case-by-case basis, by resolution, allow parking spaces located in Village-owned parking lots or areas to be credited toward the off-street parking space requirements as set forth in §
170-55. Said parking spaces shall be located within 500 feet of the facility or property to be served. In determining whether to grant such permission, the Board of Trustees shall consider the parking needs of the public and existing facilities and the demonstrated inability of the property or facility owner to meet the requirements of §
170-55. If such permission is granted, the Board of Trustees shall determine the conditions of such permission, including the number of spaces so credited and the duration of such permission. The granting of permission under this section does not confer on the facility or property owner any entitlement or other property interest.
D. Shared parking areas.
(1) Shared parking between uses may be approved by the Planning Board
if the following conditions are met:
(a)
One use has different peak hours of operation than the other
use that is sharing the lot.
(b)
The shared parking areas shall be located within 500 feet of
the uses served.
(c)
Parking areas serving more than one use shall be designed to
accommodate a minimum of one space per 250 square feet of floor area
unless a lower parking ratio can be supported by a parking analysis
demonstrating that peak parking needs for each use do not occur during
the same hours of the day.
(d)
A written agreement between the owners of record on the shared
parking arrangement shall be submitted to the Planning Board.
(2) Shared entrances for parking areas are encouraged to reduce curb
cuts and minimize traffic across sidewalks.
E. Parking space and loading space maintained in connection with an
existing and continuing principal building, structure or land use
on the effective date of this article shall be continued and may not
be counted as serving a new building, structure, addition or land
use.
F. A parking space shall be nine feet wide by 19 feet long. A single
access lane shall be a minimum 20 feet in width and a double access
lane shall be a minimum of 24 feet in width. Required fire lanes shall
be a minimum of 50 feet of clear area. All fire lanes are to be striped
for no parking and appropriate signage shall be installed.
G. Where a nonresidential district or use abuts a residential district
or use, the parking must be no closer than 15 feet to the property
line. NOTE: This does not apply to the B-2, General Business District.
H. Permanent off-street vehicle or other type of equipment storage,
parking or standing space shall be provided at the time of the erection
of any building or structure, at the time any building or structure
is enlarged or increased in capacity by adding dwelling units, guest
rooms, seats or floor area or before conversion from one zoning use
or occupancy to another. Such space shall be deemed to be required
open space associated with the permitted use and shall not be thereafter
reduced or encroached in any manner. Except in a driveway, no required
yard or portion of it on any lot shall be used to provide parking
spaces in this article.
I. Each lot in a residential zone, or being used for residential purposes,
shall be entitled to a single curb cut onto the Village right-of-way.
J. No off-street vehicle or other equipment parking or storage space
shall be used or designed, arranged or constructed to be used in a
manner that will obstruct or interfere with the free use of any street,
alley or adjoining property.
K. In Business Districts B-1, B-2, and B-3, parking surfaces shall be
asphalt or concrete. In a PID district, parking surfaces shall be
asphalt, concrete or crushed stone.
For every building hereafter erected, altered, extended or changed
in use, there shall be provided parking spaces at least as set forth
below:
A. Residential uses.
(1) One-family and two-family dwelling units: two parking spaces for
every dwelling unit.
(2) Multiple-family dwelling units: three parking spaces for every two
dwelling units.
(3) Housing for the elderly or state-licensed dwelling: one parking space
for every two dwelling units.
(4) Professional residence-office: two parking spaces, plus one additional
parking space for every 200 square feet of office space.
B. Hotel, motel, boardinghouse: one parking space for every guest room.
C. Dormitory, fraternity, sorority, hospital: one parking space for
every two beds.
D. Places of public assembly: every structure used as a theater, amusement
facility, auditorium, community center, club, school auditorium, stadium,
library, museum, church, lodge halls or other place of public or private
assembly which provides facilities for seating people: one parking
space per five persons of permitted occupancy per New York State Fire
Code.
E. Business office, professional office: one parking spaces for every
250 square feet of office space.
F. Medical office: one parking space for every 200 square feet of office
space.
G. Commercial and retail: one parking space for every motor vehicle
used directly in the business, plus one parking space for every 250
square feet of gross floor area.
H. Restaurant, eating and drinking establishments: one parking space
for every 100 square feet of gross floor space.
I. Industrial, wholesale, warehouse, storage, freight and trucking uses:
one parking space per 300 square feet of gross floor area or one space
for every 1.5 employees during a maximum shift. Selection of appropriate
parking shall occur at the time of site plan review by the Planning
Board.
On the same premises with every building or structure or part
thereof hereafter erected, enlarged and occupied for the purpose of
business, trade or industry there shall be provided and maintained
adequate space for loading and unloading of vehicles off the street
or public alley. Such space shall have direct access to a public street
or alley. Off-street loading and unloading space shall not be used
or designed, intended or constructed to be used in a manner to obstruct
or interfere with the free use of any street, alley or adjoining property.
The Planning Board may require additional off-street parking
and loading spaces for any use if they find that for any particular
use the above-required minimum spaces are not sufficient for the safety
and general welfare of the public. The Planning Board may also grant
relief from parking requirements if a lower parking ratio can be supported
by a parking analysis demonstrating peak parking needs.
At no time shall a camper or travel trailer (recreational vehicle)
or boat be occupied as a dwelling or used for living or housekeeping
purposes. An approved PUD-B campground is excepted but is subject
to the restrictions imposed at the time of the PUD-B zoning approval.
A. Awnings that include glossy fabrics or finishes, plastic lightweight
fiberglass, aluminum or stock metal awnings are not permitted. Coverings
should be of flexible woven, natural or synthetic materials.
B. Backlit awnings are not permitted, and awnings shall be lit by exterior
building lights only.
C. Awnings should extend between four and seven feet from the building
facade.
D. Awnings should not be lower than seven feet in height from the base
elevation of the sidewalk and should not impede the flow of pedestrian
traffic.
E. Colors shall complement the storefront, signage and the building
colors.
F. Awnings shall be maintained in good repair and display a clean and
attractive condition while installed on the building.
G. No lighting or heating fixtures, windscreens or removable signs should
be attached to the awning.
A. A site lighting plan shall be required during review of any nonresidential
or multifamily site which contains uses that are proposed to operate
during hours of darkness. The purpose of lighting standards are to:
(1) Require and set minimum standards for outdoor lighting for buildings
and projects to provide safe and efficient lighting for pedestrians
and vehicles.
(2) Protect neighbors from direct light or glare from adjacent properties.
(3) Protect pedestrians and drivers from the glare of nonvehicular light
sources.
B. Fixture.
(1) The light bulb/source shall be concealed and shall not be visible
from any street right-of-way or adjacent properties.
(2) All lighting fixtures should minimize the amount of light trespass
upon adjacent properties.
(3) Lighting fixtures shall be of a type and design that will complement
the architectural style of the building and design of the site, as
well as be in keeping with the historical style(s) within the adjacent
street right-of-way.
C. Fixture height.
(1) Parking area. Freestanding light fixtures shall be a maximum of 20
feet above grade for parking areas. For the illumination of greater
than 100 contiguous parking spaces, the Planning Board may permit
the use of light fixtures not to exceed 25 feet when illumination
levels do not exceed those set in this section.
(2) Pedestrian area. Freestanding light fixtures shall be a maximum of
15 feet above grade in nonvehicular pedestrian areas.
D. Illumination levels.
(1) Illumination levels shall be measured in footcandles.
(2) All site lighting shall be designed to meet the average footcandles
below. The average level shall be calculated using only the area of
the site intended to receive illumination.
(a)
Parking areas: average of two footcandles.
(b)
Parking area entrances/exits: average of five footcandles.
(c)
Walkways: average of one footcandle.
(d)
Building entrances/exits: average of four footcandles.
(e)
Architectural/accent: average of one footcandle.
(f)
At commercial property lines: maximum of one footcandle.
(g)
At residential property lines: maximum of two-tenths footcandles.
(3) A banking institution shall be permitted to have illumination levels
in excess of the limit in this section, but only to comply with the
requirements of the ATM Safety Act (New York State Banking Law Article
II-AA).
(4) Lighting shall not be oriented so as to direct glare or excessive
illumination onto streets in a manner that may interfere with the
vision of drivers or pedestrians.
(5) All exterior lighting must be dark-sky compliant.
A. All refuse containers or receptacles shall be screened or enclosed
on all sides.
B. Refuse containers or receptacles shall be located to the side or
rear of buildings and shall meet the setbacks of the applicable zoning
district.
C. Areas shall be screened with an opaque material, which may include
fences, walls, plantings or a combination thereof not to exceed eight
feet in height.
D. Natural vegetation shall form an opaque screen and attain six feet
in height within two years of planting.
In all districts the following performance standards must be
met. The Planning Board shall decide whether proposed or existing
uses meet the performance standards.
A. In all districts the following uses are not permitted: junkyards,
machinery-wrecking yards; bulk storage of butane, propane, gasoline;
unenclosed manufacturing or processing of goods or materials, except
in the Heavy Industrial District with the approval of the Planning
Board and after issuance of a special permit by the Board of Appeals.
B. In all districts the following uses are not permitted: smelters;
blast furnaces; slaughterhouses; rendering plants; hide-tanning or
curing plants; manufacture or processing of fertilizer, bone, rubber,
asphalt, ammonia, chlorine; manufacture or refining of gasoline, gas,
explosives; bulk storage of explosives; dumps.
C. In all districts the following uses are not permitted: all uses which
emit noise in excess of 70 decibels measured at the individual property
line; all uses which emit any odor which is considered offensive measured
at the individual property line; all uses which emit dust or dirt
which is considered offensive, measured at the individual property
line; all uses which emit any smoke, in excess of Ringelmann Chart
No. 2, measured at the individual property line; all uses which emit
any noxious gases which endanger the health, comfort, safety or welfare
of any person, or which have a tendency to cause injury or damage
to property, business or vegetation; all uses which cause, as a result
of normal operations, a vibration which creates displacement of 0.005
of one inch, measured at the individual property line; all uses, lighting
or signs which create glare, which could impair the vision of a driver
of any motor vehicle; all uses which cause a fire, explosion or safety
hazard.
D. In all districts any uses from which harmful wastes are discharged
into the public sewer system, streams, rivers or other bodies of water
are not permitted. Effluent disposal shall comply with local and state
health standards.
A. The storage of any highly flammable liquid, in aboveground tanks
with unit capacity greater than 550 gallons, shall be prohibited in
all districts, unless such tanks up to and including ten-thousand-gallon
capacity are placed not less than 80 feet from all property lines,
and unless all such tanks of more than ten-thousand-gallon capacity
are placed not less than 200 feet from all property lines.
B. All tanks having a capacity greater than 550 gallons shall be properly
diked with dikes having a capacity not less than 1 1/2 times
the capacity of the tank or tanks surrounded.
In any district the removal of soil, sand, gravel or quarried
stone for sale, except when incidental to, or connected with, the
construction of a building on the same premises, shall be permitted
only upon approval by the Planning Board and after issuance of a special
permit by the Board of Appeals. In any district, the following provisions
shall apply:
A. No excavation, blasting or stockpiling of materials shall be located
within 200 feet of any public road or other property line.
B. No power-activated sorting machinery or equipment shall be located
within 600 feet of any public road or other property line, and all
such machinery shall be equipped with satisfactory dust-elimination
devices.
C. All excavation slopes in excess of one to one shall be adequately
fenced as to be determined by the Code Enforcement Officer.
D. Extension of an existing nonconforming operation shall not be permitted.
E. Stripping of topsoil for sale or for use on other premises, except
as may be incidental to a construction project and confined to the
construction area, shall be prohibited in all districts.
F. Before approval of any new, or extension to a sand, gravel or stone-quarrying
operation by the Planning Board, a performance bond shall be secured
from the applicant sufficient to ensure that upon completion of the
extraction operations the abandoned quarry will be left in a safe,
attractive and useful condition in the interest of public safety and
general welfare. The bond shall be sufficient to cover the cost of
redevelopment of the quarry as a park, recreation area or other usable
open space.
In any district, the dumping of refuse and waste material for
landfill is prohibited. Loam, rock, stone, gravel, sand, cinders and
soil may be used for landfill to grade after approval by the Planning
Board and upon issuance of a special permit by the Board of Appeals.
All motor-vehicle service stations shall be so arranged and
all gasoline pumps shall be so placed as to require all servicing
on the premises and outside the public way; and no gasoline pump shall
be placed closer to any side property than 50 feet.
A private swimming pool as an accessory use shall be installed
and maintained in a manner sufficient to meet the standards established
by the provisions of the State Sanitary Code relating to swimming
pools.
A. In any residential district, vans and trucks of more than one-ton
carrying capacity, unlicensed motor vehicles and cars used for drag
or stock-car racing must be stored in an enclosed garage and shall
not be parked in the front, side or rear yards.
B. No more than two commercial trucks/trailers shall be parked on a
residentially zoned property at any time.
No dwelling shall be erected on a lot which does not abut on
at least one street for a distance of not less than 10 feet.
Where possible, all driveways are to be located at least 100
feet from a street intersection for all uses except one- and two-family
residential uses.
Nothing in this article shall be construed to limit or interfere
with the construction, maintenance or operation of water and gas mains,
electric light and power lines, communication lines, sewers and similar
public utility uses, together with necessary appurtenances thereto,
including poles and transformers, in all districts herein mentioned.
Public utility buildings shall be permitted in all districts, where
necessary to serve such districts, only upon approval by the Planning
Board and after issuance of a special permit by the Village Board.
No driveway or other means of access for vehicles, other than
a public street, shall be maintained or used in any residence district
for the servicing of a business, commercial or industrial use.
A. Plans for the erection or structural alteration of any drive-in facility
or business shall be submitted to the Planning Board for approval.
B. The Planning Board may require such changes or additions in relation
to yards, driveways, driveway entrances and exits and landscaping,
and the location and height of buildings and enclosures, to ensure
safety, to minimize traffic or difficulties and to safeguard adjacent
properties.
Temporary permits may be issued by the Code Enforcement Officer
for a period not exceeding one year for nonconforming uses incident
to construction projects, including such structures and uses as storage
of building materials and machinery, the processing of building materials
and a real estate office located on the tract being offered for sale,
provided that such permits are conditioned upon agreement by the owner
to remove the structure or use upon expiration of the permit. Such
permits may be renewed upon application to the Code Enforcement Officer
for an additional period not exceeding one year.
Within one year after work on an excavation for a building has
begun, or within one year after a permanent or temporary building
or structure has been destroyed, demolished or abandoned, all structural
materials shall be removed from the site, and said excavation or cellar
hole thus remaining shall be covered over or filled to the normal
grade by the owner.
A. Other provisions of this article notwithstanding, upon approval by
the Planning Board and after issuance of a special permit by the Board
of Appeals, nothing shall prohibit a lot of less area or less frontage
than that required for a single-family dwelling in the district in
which the lot is located to be used for a single-family dwelling,
provided that said lot cannot be practicably enlarged to conform with
these requirements, and further provided that all other provisions
of this article are complied with, when such lot, at the time of the
passage of this article, was held under separate ownership from the
adjoining lots.
B. The side yard requirements for such lots may be reduced, in which
case the total of these two side yards shall be at least 12 feet,
and one side yard shall be at least five feet wide.
In determining the percentage of building coverage of a lot
or the size of yards for the purpose of this article, porches or carports
open at the side but roofed and all attached garages shall be considered
as a part of the principal building.
A. No lot shall be so reduced in area that the area, yards, lot width,
frontage, coverage or other requirements of this article shall be
smaller than herein prescribed for each district.
B. The provision of this section shall not apply when a portion of a
lot is taken for a public purpose.
Where front yards in any district have been established for
more than 50% of the frontage in any block at a depth greater than
the minimum required for the district, the depth of required front
yards shall be increased to comply with such established depth. In
no case shall the depth of the required front yard be less than that
specified for the district in which it is located.
Any yard adjoining a street shall be considered a front yard
for the purposes of this article and shall comply with all requirements
for a front yard in the district in which located, except that only
one front yard is required to comply with the minimum depth requirement;
all other front yards shall either comply with the minimum depth requirement
or be at least 25 feet in depth, whichever is the less.
Every part of a required yard shall be open from its lowest
part to the sky unobstructed, except for the ordinary projections
of sills, cornices, pilasters, chimneys, eaves, balconies and ornamental
features, provided that no such projections may extend more than three
feet into any required yard.
Where the topography is such that the slope of the land exceeds
15% and, therefore, access to a private garage built back of the front
building line as required by this article is impracticable, it shall
be permissible to place such garage, not exceeding 12 feet in height
to the eaves, within the front yard space but not closer to any property
line than 18 feet.
In all districts, on a corner lot, within the triangular area
formed by two lines along the center lines of the streets and a third
line joining them at points 75 feet away from the intersection of
the center lines of the streets, there shall be no obstruction to
vision between the height of three feet and the height of 10 feet
above the average grade of each street on the center line thereof.
Except in residential districts, the provisions of this article
shall not apply to fences, walls or hedges not over six feet high
above the average natural grade, nor to terraces, steps, unroofed
porches or other similar features not over three feet high above the
level of the floor of the ground story.
In any residential district any fence or wall built on or within
five feet of any street line shall be of open construction, such as
wire, picket or iron, and shall not exceed four feet in height.
No radio or television tower, water or cooling tower, grain
elevator, gas holder, elevator bulkhead, chimney or similar structures
in excess of 50 feet above finished grade level may be erected unless
approved by the Planning Board and after issuance of a special permit
by the Board of Appeals.
Notwithstanding any other provisions of this chapter, the following
restrictions shall apply in the conversion of existing buildings in
residential districts R-1, R-2 and R-3 only to add additional dwelling
units.
A. Conversions shall be restricted to buildings currently used exclusively
for dwelling purposes.
B. No dwelling unit shall be created or reduced to less than 850 square
feet of livable space.
C. No exterior change in size or dimension shall be made to any existing
building being converted.
D. No more than 10% of buildings on any named street in an R-1 residential
zoned district shall be converted; i.e., West Maple Avenue would be
considered one street; East Maple Avenue would be considered one street.
Once there are 10% two-family or multiple-family residences on any
named street in any R-1 residentially zoned district, then there shall
be no more conversions allowed. In computing the ten-percent limit,
a building located on a corner lot, regardless of street address,
shall be computed for each street the building faces.
E. On any named street in an R-1 residentially zoned district, preexisting
or new two-family or multiple-family dwellings shall be computed as
one-dwelling building and shall be counted in determining the percentage
of permissible conversions.
F. No conversions to dwelling units shall be permitted to nonresidential
buildings.