The Village of Wampsville is hereby divided into the following zoning districts:
R-30
One- and Two-Family Residential District
R-20
One-Family Residential District
C
Commercial District
VC
Village Center District
Ind.
Industrial District
M-F
(Overlay Within Industrial District) Multifamily District
A-1
Agricultural District
M
Mobile Home Park District
NC
Neighborhood/Commercial
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:
A. 
Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be such boundaries.
B. 
Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
C. 
Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center line of right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto. If no distance is given, such dimension shall be determined by the use of the scale shown on the zoning map.
D. 
Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.
Except as hereinafter provided:
A. 
No building, structure or land shall hereinafter be used or occupied, and no building or structure or part thereof shall be erected, moved, or altered, unless in conformity with the regulations herein specified for the district in which it is located.
B. 
No building or structure shall hereinafter be erected or altered:
(1) 
To exceed the height;
(2) 
To accommodate or house a greater number of families or dwelling units;
(3) 
To occupy a greater percentage of lot area; or
(4) 
To have narrower or smaller rear yards, front yards, or side yards than is specified herein for the district in which such building is located.
C. 
No part of a yard or other open space about any building or structure required for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building.
D. 
All uses not specifically permitted in a zoning district or permitted after obtaining a special use permit shall be deemed prohibited.
E. 
The zoning regulations and districts herein set forth as outlined upon the zoning map are made in accordance with a Comprehensive Plan for the purpose of promoting the public health, safety, morals, convenience, order, prosperity, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. They have been made with reasonable consideration, among other things, as to the character of each district and its suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the Village of Wampsville.
F. 
In each case where a building or use is proposed other than a single-family residence, in any zoning district, the Zoning Enforcement Officer shall refer a site plan of the proposal to the Zoning Board of Appeals/Planning Board for its approval prior to the issuance of any zoning or building permit.
Intent. It is the intent to maintain in R-30 districts the quality of the environment that is usually found in areas occupied by one-family semi-detached dwellings and by two-family detached dwellings with one-family detached dwellings permitted, providing lot size and area requirements are met irrespective of dwelling type.
A. 
Uses permitted:
(1) 
One-family detached dwelling. Not more than one one-family unit should be constructed on a single lot.
(2) 
Two-family detached dwelling, one per lot.
(3) 
Semi-detached dwelling. To be a single-family residence without side yard, commonly referred to as a townhouse, not more than two family units shall be constructed on a single lot.
(4) 
Private swimming pools.
(5) 
Customary accessory uses and structures including necessary parking serving residential uses including, but not limited to, fences, accessory structures, animal boarding, provided such uses or structures do not include any business activity.
B. 
Uses requiring special permit.
(1) 
Schools, parks, playgrounds and recreation areas.
(2) 
Nursery school, church, parish houses, library, cemetery, community center, nursing home, golf course, professional office, and customary home occupation. Ground-mounted solar energy systems, subject to the granting of special use permit/site plan (see Article VI, Solar Energy Systems).
(3) 
Board or rooming house providing accommodations for not more than two non-transient roomers.
(4) 
All other uses are prohibited in this district.
Intent. It is the intent to maintain in NC districts the quality of the environment that is commonly found in areas of light commercial use located near residential districts (R-20 and R-30). The lesser scale and intensity of such use within the NC district distinguish it from the Commercial and Industrial zones. Structures should be designed with neighborhood-friendly architecture and distinguishing features so as to blend as best as possible into a residential atmosphere. The high quality of life enjoyed by Village resident's results in large measure from the physical design of the Village. This traditional neighborhood pattern of development is characterized by an inviting and attractive street environment that encourages informal interaction and a hospitable atmosphere for residential occupants. The traditional Village pattern of development should be maintained as much as possible particularly in those portions of the Village where there is likely to be the newest development and redevelopment.
A. 
Uses permitted.
(1) 
All uses permitted in § 350-7, R-30 - One- and two-family residential districts, not to include uses requiring a special permit under the said section.
(2) 
Personal service establishments to include barbershops, massage therapy, day spas and salons.
(3) 
Professional offices.
(4) 
Bank/credit unions.
(5) 
Medical offices.
(6) 
Day-care centers.
(7) 
Instructional classroom facilities.
B. 
Uses requiring special permit.
(1) 
All uses permitted in § 350-7, R-30 - One- and two-family residential districts, Subsection B, Uses requiring special permit.
(2) 
Neighborhood restaurants as defined as restaurants that are not vehicular-oriented or drive-through service and are a building or portion of a building where food and beverages, both nonalcoholic and alcoholic, are sold to the public for consumption on the premises. However, food and alcoholic beverages shall be the principal operation. Such use may also provide entertainment on the premises.
(3) 
Catering establishments which are for the purpose of delivering food to special events and parties.
(4) 
Specialty stores (i.e., books, sporting goods, apparel boutiques, computers, bakeries, delicatessens, etc.).
C. 
Lot requirements.
(1) 
Lot.
(a) 
Minimum lot size: 20,000 square feet.
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum yard dimensions: 50 feet front, 15 feet sides, 25 feet rear.
(d) 
Maximum. lot coverage: 40%.
(2) 
Principal structure.
(a) 
Minimum yard dimensions: 50 feet front, 20 feet sides, 25 feet rear.
(b) 
Maximum lot coverage: 25%.
(c) 
Maximum height: 30 feet.
(d) 
Maximum floors: Three.
D. 
Supplemental design provisions.
(1) 
All uses except for those listed under Subsection A(1) above are subject to site plan approval by the Zoning Board of Appeals/Planning Board.
(2) 
Commercial establishments (i.e., any nonresidential use) shall provide a buffer for the landscaped perimeter of 10 feet adjoining other properties and 25 feet where abutting a residential district or abutting property that is being used as residential.
(3) 
Lot. Principal and accessory structures design, scale, and construction material are subject to site plan approval. They shall be consistent with the existing or planned character of the surrounding area. Nonresidential uses are to maintain a 25% green space of lawn and/or landscaping. Greenspace, traffic, noise, and light pollution will be factored in determining compatibility within the NC district.
(4) 
Additional/Multiple buildings on one lot, such as accessory structures to support the principal use, are subject to site plan approval.
(5) 
The special permit must consider and may be approved/rejected on the amount of traffic flow created by the use.
(6) 
The special permit must consider the character of the neighborhood and determine that the permitted use shall not be detrimental to that neighborhood.
Intent. It is the intent to maintain in R-20 districts the quality of the environment that is usually found in areas occupied by one-family semi-detached and one-family detached dwelling permitted, providing lot size and area requirements are met irrespective of dwelling type, regardless whether served by public water and sewers.
A. 
Uses permitted.
(1) 
One-family detached dwelling; one per lot.
(2) 
Fences, accessory structures, pet shelters, provided such uses or structures do not include any business activity.
(3) 
Private swimming pools.
B. 
Uses requiring special permit.
(1) 
Schools, parks, playgrounds, recreation areas.
(2) 
Nursery schools, churches, parish houses, libraries, cemeteries, community centers, nursing homes, professional offices, family customary home occupations.
(3) 
All other uses shall be prohibited in this district.
(4) 
Ground-mounted solar energy systems: subject to the granting of special use permit/site plan (see Article VI, Solar Energy Systems).
[Amended 10-5-2021 by L.L. No. 2-2021]
It is the intent to maintain in the A-1 District the quality of the wholesome natural environment which, because of scenic and other natural attractiveness, constitutes a basic asset of the Village. This district is designed to accommodate agricultural activities, to provide a setting for low-density family dwellings and supportive nonresidential development in areas of the Village that are unlikely to be served by both public water and sewers.
A. 
Uses permitted.
(1) 
One family detached dwellings.
(2) 
Farms, farming, farm structures, fences, and apparatus required in the farming operation.
(3) 
Sale of farm products grown on the farm, including a sale at roadside stands.
(4) 
Private swimming pools.
(5) 
Accessory uses and structures including necessary parking on a lot containing a primary use, providing such uses or structures do not include any business activity.
B. 
Uses requiring special permit.
(1) 
Nursery schools, churches, parish houses, libraries, cemeteries, community centers, golf courses, stables, riding academies, accessory farm help housing, mobile homes, bed-and-breakfasts, and customary home occupations; schools, parks, playgrounds, recreation areas, animal hospitals, and animal rehabilitation facilities, upon obtaining a special permit.
(2) 
Ground-mounted solar energy systems, subject to the granting of special use permit/site plan (see Article VI, Solar Energy Systems) , and solar farms, subject to the granting of special use permit/site plan (see Article VI, Solar Energy Systems).
(3) 
All other uses are prohibited.
Intent. It is the intent to maintain in C districts the quality of the environment that is usually found in areas of highest grade small retail stores, office, and personal service shops.
A. 
Uses permitted.
(1) 
Retail stores where gross floor area does not exceed 5,000 square feet.
(2) 
Professional offices.
(3) 
Personal service establishments.
(4) 
Mixed-use buildings with apartments.
(5) 
Newsstands.
(6) 
Private and public parking lots.
(7) 
Taverns.
(8) 
Restaurants.
(9) 
Banks or other monetary institutions.
(10) 
Clubs, lodges, social or recreational buildings.
(11) 
Theaters, bowling alleys, dance studios.
(12) 
Educational institutions.
(13) 
Radio or television stations.
B. 
Uses prohibited.
(1) 
Shopping centers.
(2) 
All other uses shall be prohibited in this district.
C. 
Uses requiring special permit.
(1) 
Gasoline stations.
(2) 
Motor vehicle repair shops.
(3) 
Warehouses or storage buildings.
(4) 
Retail stores where gross floor area exceeds 5,000 square feet.
(5) 
Automotive sales.
(6) 
Kennels and pet shops.
(7) 
Ground-mounted solar energy systems, subject to the granting of special use permit/site plan (see Article VI, Solar Energy Systems).
It is the intent in the Village Center District to maintain the small Village environment that promotes the reasonable transaction of commerce without inducing large amounts of vehicular traffic to frequent such facilities. Accordingly, uses which tend to be traffic-intensive or require large amounts of space to accommodate parking or truck access is prohibited.
A. 
Uses permitted.
(1) 
Retail stores where gross floor area does not exceed 5,000 square feet.
(2) 
Professional offices.
(3) 
Personal service establishments.
(4) 
Newsstands.
(5) 
Private and public parking lots.
(6) 
Restaurants (excluding drive-in or package restaurants).
(7) 
Banks or other monetary institutions.
(8) 
Clubs, lodges, social or recreational buildings.
(9) 
Theaters, bowling alleys, dance studios.
(10) 
Educational institutions.
(11) 
Radio or television stations.
B. 
Uses allowed by special permit.
(1) 
Multiple-family dwellings.
(2) 
Retail stores where the gross floor area exceeds 5,000 square feet.
(3) 
Ground-mounted solar energy systems, subject to the granting of special use permit/site plan (see Article VI, Solar Energy Systems).
(4) 
All other uses shall be prohibited in this district.
A. 
Uses permitted.
(1) 
None.
B. 
Uses allowed by special permit.
(1) 
Yards for the storage and sale of wood, feed, fuel fertilizer, and similar products.
(2) 
Heating, plumbing, air conditioning, and electrical shops.
(3) 
Public utility structures and uses.
(4) 
Light manufacturing of beverages, cosmetics, confections, food products (excluding meat and fish packing and the rendering or refining of fats and oils), ceramics, clothing, plastics, electrical and electronic goods, furniture and wood products, hardware, tools, patterns, professional and scientific instruments, handicraft products, paints, dyes, pharmaceuticals.
(5) 
Establishments for scientific or industrial research, or for general research and product development.
(6) 
Warehouse and wholesale distribution facilities.
(7) 
Transportation and trucking terminals.
(8) 
Printers and publishers.
(9) 
Motor vehicle repair shops.
(10) 
Construction companies.
(11) 
Bulk fuel storage.
(12) 
Building materials sales.
(13) 
Multiple-family dwellings in the outlined zoning map overlay.
(14) 
Uses allowed in C Commercial District, except residences.
(15) 
Multifamily residences (2017 amendment).
(16) 
Ground-mounted solar energy systems, subject to the granting of special use permit/site plan (see Article VI, Solar Energy Systems).
(17) 
Solar farms, subject to the granting of special use permit/site plan (see Article VI, Solar Energy Systems).
(18) 
All other uses shall be prohibited in this district.
Zoning District
Min. Lot Area
(sq. ft.)
Min. Lot Width
(feet)
Min. Yard Dimensions Front
Min. Yard Dimensions Side
Min. Yard Dimensions Rear
Min. Floor Area
(sq. ft.)
Maximum Lot Coverage
(percent)
Max. Height of Building
(feet)
NC
20,000
100
50
15
25
40%
30
R-30
30,000
100
50
20
50
1,200/DU
25%
35
R-20
20,000*
80*
50
20
40
1,100/DU
25%
35
AG
40,000
100
50
20
50
1,200/DU
Comm.
10,000
100
50
15
25
30%
40
VCD
10,000
75
50
15
25
Indust.
40,000
150
50
50
50
40%
40
1.
Except for mobile homes necessary for farm labor.
*
Two-Family Residence requires 5,000 square feet and 100 feet width. All multifamily dwellings are with site plan approval.
A. 
Noise. It shall be unlawful for any person to permit the emission of measurable noises, as measured at the individual property lines, to exceed 70 decibels during the periods between 6:00 a.m. and 10:00 p.m., or 60 decibels during the period between 10:00 p.m. and 6:00 a.m. The sound level may exceed these established sound levels for a period not to exceed six minutes during any 60-minute period by not more than seven decibels. Noises shall be muffled so as not to become unreasonably offensive due to intermittent beat frequency, high frequency, or other means.
B. 
Odor. It shall be unlawful for any person to permit the emission of any odor that is unreasonably offensive as measured at the individual property line.
C. 
Dust and dirt. It shall be unlawful for any person to permit or cause the escape of such quantities of soot, cinders or fly ash as to exceed 0.3 grains per cubic foot of flue grass as a stack temperature of 500° F. when measured at the top of the stack. Other kinds of dust, dirt, and other particulate matter shall not be in excess of 0.8 grains per a cubic foot of air as measured at the top of the stack and corrected to standard conditions, provided that if the top of the stack is 100 feet or more above the finished grade, the number of particulates of not more than 10 microns in size, if any, may be increased to standard conditions, when H is the height of the top of the stack above finished grade.
D. 
Vibration. It shall be unlawful for any person to permit or cause, as a result of normal operations, a vibration which creates a displacement of plus or minus 0.003 of one inch as measured at the property line.
E. 
Noxious gases. It shall be unlawful for any person to permit the escape of such quantities of noxious acids, fumes or gasses in such manner and concentration as to endanger the health, comfort or safety of any person, or to cause or have a tendency to cause injury or damage to property, business, or vegetation.
F. 
Glare. It shall be unlawful for any person to carry on a process such that a direct or sky reflected glare, whether from floodlights or from high-temperature process such as combustion or welding or other such processes, is unreasonably offensive when visible at the property line. No lighting of such signs or buildings shall be allowed unless it is of such low intensity or brilliance, and at such a location, as not to cause glare or impair the vision of the driver of any motor vehicle.
G. 
Radioactive materials. It shall be unlawful for any person to permit the emission of such quantities of radioactive materials, in any nature whatsoever, as to be unsafe under standards established by the United States Bureau of Standards.
H. 
Fire and safety hazards. All buildings, operations, storage, waste disposal, etc., shall be in accordance with applicable provisions of the Fire Prevention Code of the Village of Wampsville, being Chapter 142 of this Code.
I. 
Open storage. It shall be unlawful for any person to permit the open storage of any material, scrap or waste material without screening, such as a fence, hedge, or other barriers at least seven feet high, that makes the open storage invisible to the persons passing in a normal manner any property line facing a public right-of-way. Location of said screening shall be subject to the front, side, and rear yard restrictions; provided, however, that protective fencing, decorative planting, etc., shall not be subject to these restrictions.
J. 
Smoke. It shall be unlawful for any person to permit the emission of any smoke from any source whatsoever, as measured at the individual property line, of a density greater than, or equal to, that density described as No. 2 on the Ringlemann Chart, as published by the United States Bureau of Mines; provided, however, that the emission of smoke shall be unlawful if it is unreasonably offensive despite its apparent lack of density when measured by the Ringlemann Chart.
K. 
Method of analysis. Standard methods of collection and chemical analysis, or any method approved by the United States Bureau of Standards, shall be used in the application of these standards.
A. 
Provision is included for Mobile Home Park District to permit the establishment of alternative housing types should the need and interest arises. The following regulations apply to all mobile homes in mobile home parks:
(1) 
Each mobile home shall have a minimum gross floor area (excluding accessory structures) of at least 980 square feet.
(2) 
Mobile home parks shall be at least 10 acres in area and shall provide for individual mobile home lots, access driveways, and parking.
(3) 
Each mobile home lot shall be at least 10,000 square feet in area, 100 feet wide by 100 feet deep, and shall front onto an access driveway or street.
(4) 
All-access driveways within a mobile home park must be at least 30 feet wide and built to standards acceptable to the Village Board of trustees.
(5) 
Each mobile home lot shall have an attachment to a water supply. The State Department of Health must approve the water supply source.
(6) 
Each mobile home lot shall have an attachment for sewage disposal. The State Department of Health must approve sewage disposal systems.
(7) 
No mobile home lot or service building shall be closer to a public street right-of-way than 50 feet or closer to a property line than 30 feet.
(8) 
A strip of land at least 25 feet wide shall be maintained as a landscaped area abutting mobile home park property lines.
(9) 
No additions shall be made to a mobile home except a porch on three sides, or an addition made by the mobile home manufacturer or built in conformance with State Building Construction Code Regulations.
B. 
Procedure for establishing a mobile home park.
(1) 
The owner of the land shall apply in writing for a change in the district to a Mobile Home Park District, and shall submit four copies of a development plan as described in Subsection C below.
(2) 
The Zoning Board of Appeals/Planning Board shall review the development plan with the owner and shall prepare general recommendations with regard to the plan. The Zoning Board of Appeals/Planning Board shall send a copy of its recommendations to the owner indicating its approval in principle and any specific changes required, or its disapproval.
(3) 
The owner shall submit four copies of an application for a change in district and four copies of a development plan, as described in Subsection C.
(4) 
The Zoning Board of Appeals/Planning Board shall discuss the proposed change in district and development plans with the owner at a public meeting, and shall submit findings as required by Subsection D below.
(5) 
After receipt of the Zoning Board of Appeals/Planning Board recommendations, the Village Board of Trustees shall set up a public hearing on the proposed change of zoning district.
(6) 
After the public hearing the zoning map may be amended, in accordance with the plan approved. The Clerk shall make an appropriate notation to that effect, one copy given to the Zoning Board of Appeals/Planning Board, and one copy returned to the owner. (Such approval shall be valid for two years, at which time unless the proposed mobile home park has been completed, the development plan approval shall be considered denied.)
C. 
Development plan. The owner shall submit a development plan to the Zoning Board of Appeals/Planning Board together with the application for a change of district classification. The development plan shall be prepared by an architect, landscape architect, engineer, land surveyor, or planner, and shall include the following information.
(1) 
Survey showing existing features of the property, including contours, buildings, structures, large trees, trunk diameter, streets, utility easements, rights-of-way, and land uses.
(2) 
Site plan showing proposed mobile home lots, traffic circulation, parking, pedestrian walks, building locations, landscaping, and grading.
(3) 
Preliminary engineering plans, including street improvements, drainage systems, public utility extensions, and feasibility studies of any anticipated problems which might arise due to the proposed development as required by the Zoning Board of Appeals/Planning Board.
D. 
Findings required. The Zoning Board of Appeals/Planning Board, after determining that all applicable requirements of this chapter dealing with mobile home districts have been met, shall recommend the approval, approval with modification or disapproval of the development plan, provided a zone change has been obtained. The Zoning Board of Appeals/Planning Board may recommend the establishment of a Mobile Home Park District, provided that they find facts submitted with the development plan that establish that:
(1) 
The mobile home park will meet a housing need that is currently unmet by existing housing opportunities in the Village and the surrounding area.
(2) 
Existing and proposed streets are suitable and adequate to carry anticipated traffic within and in the vicinity of the proposed district.
(3) 
Existing and proposed utility services are adequate for the proposed development.
(4) 
The park will not be detrimental to present and potential surrounding land uses, but will have a beneficial effect which could not be achieved under another district.
(5) 
Each phase of the proposed development, as it is proposed to be completed, contains the required parking spaces, landscape, and utility areas necessary for creating and sustaining a desirable and stable environment.