All uses permitted by this chapter shall be subject to such exceptions, additions, or modifications as are provided in the following general regulations.
Any use not specifically permitted by these regulations is prohibited.
The height limitations of Article II shall not apply to silos, church spires, belfries, cupolas, and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such a height as is necessary to accomplish the purpose they are to serve.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
A utility storage unit is a solid structure designed to accommodate a use that is subordinate to the residence. Such structure is detached from the residence and is a freestanding storage, shed, garden house or similar facility.
B.
Each residential use may have two unattached utility storage units. Lot line setbacks from the side or the rear lot lines shall be reduced to a minimum of two feet. No utility storage unit shall be placed in front of the residence. No utility storage unit structure shall exceed 12 feet by 12 feet, nor shall any such structure be more than 144 total square feet in area, nor shall any such structure be over 12 feet tall.
C.
A utility storage unit that is not permanent shall require a building permit but not a site plan. A structure that is permanent shall require a building permit and a plotted site plan for the Code Enforcement Officer's review and approval.
D.
When property lines are disputed, the property owner, at his/her/their expense, shall provide a staked and plotted survey to the Village of Wampsville Clerk before a permit shall be issued for a utility storage unit.
E.
Each utility storage unit shall fit with the aesthetic characteristics of the neighborhood.
In computing yard depths required by this chapter the following rules shall be observed:
A.
Patio. A ground level shall not be considered as part of a building in the determination of side or rear yard sizes or lot coverage; provided, however, that such patio is unroofed and without walls, parapets, or other forms of enclosure. Such patio, however, may have an open guard railing not over three feet high and shall not project into any yard to a point closer than four feet from any lot line.
B.
Projecting architectural features. The space in any required yard shall be open and unobstructed except for the ordinary projections of window sills, cornices, eaves, and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.
C.
Exterior stairway and/or fire escapes. Open exterior stairways and/or fire escapes may extend into any required yard not more than four feet, six inches. Further extensions may be permitted subject to the granting of variance by the Zoning Board of Appeals/Planning Board. The Zoning Board of Appeals/Planning Board may permit further extensions subject to the granting of a variance.
Where a district boundary line divides a preexisting lot in single or joint ownership of record at the time such line is adopted, the regulations applying to the greater square footage of the lot shall apply to the whole lot, and in the case where a lot is divided exactly in half by the district line, the regulations of the more restrictive district shall apply to the whole lot. However, if the back of such a lot fronts on a residential street, and the effect is to extend a commercial industrial use into the residential street, the above provisions shall not apply and each portion of the lot shall conform to its respective district.
In residential districts where the average front yard for buildings existing immediately adjacent on either side exceeds the minimum specified, a front yard shall be provided equal to this greater average depth, but need not exceed 50 feet. Where such an average front yard is less than the minimum specified, the building may be built to this lesser depth, but shall not be less than 20 feet from the street line. An adjacent vacant lot shall be considered as having the minimum front yard as required in the district.
On every lot in the Commercial, Village Center, Business, or Industrial District that abuts directly on a residential district, there shall be a landscaped yard of at least seven feet in width on such lot along the lines where it abuts such residential district.
A.
In residential districts, a "clear sight triangle" at street intersections shall be maintained. The "clear sight triangle" is an area encompassed by the intersecting street lines of a corner lot and a straight line joining said street lines at points which are 30 feet distant from the point of intersection of the street lines. The height of any vegetation, fence, wall, or any other structure, whether man-made or natural, excepting the natural grade of the land, shall not exceed 2 1/2 feet above the top of the curbs, or, if no curbs exist, above the level of the intersecting center lines of the street.
B.
The Code Enforcement Officer shall have the authority to enforce removal of any materials that are in violation of § 350-37, Visibility at intersections. Failure to comply with his/her written order within 10 days shall be considered a violation. If after 30 days from such order the material has not been removed, the Village shall have the authority to remove such material and will charge the owner for the cost of removal.
Outdoor illumination shall be designed so that the light source will be effectively shielded to minimize glare into adjoining properties.
A.
On any lot or plot, no storage of junk or other material of any nature shall be permitted in front or side yards. Dumping of refuse, waste material, and other substances at places other than a designated landfill or transfer station are prohibited in all districts in the Village. Disposals of refuse resulting from the operation of a farm and deposited on a farmer's own land shall be at least 100 feet from any lot line.
B.
All spaces between buildings and structures shall be kept sufficiently free and clear of materials of every nature for the purpose of providing adequate fire protection, light, and air.
C.
No motor vehicle, automobile, automobile trailer, or other vehicles shall remain outside upon any property within any district of the Village when such vehicle, automobile, automobile trailer, or other vehicle has been so dismantled or the parts removed therefrom so as to be incapable of operation or use. Any such vehicles shall be removed from the premises within 30 days of the date they become inoperable. Travel trailers, camping trailers, boats, and similar recreational vehicles shall only be stored in rear yards when not in use.
Any building substantially destroyed by any cause or rendered incapable of its intended use shall be rebuilt or demolished within six months of the date of the occurrence; any excavation or cellar holes remaining after the demolition or destruction of a building from any cause, or abandoned well, shall be permanently covered or filled by the owner within six months.
[Amended 2-4-2025 by L.L. No. 2-2025; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Residential districts.
A.
Any fence to be erected within the corporate limits of the Village of Wampsville shall require a building permit from the Code Enforcement Officer accompanied by a site plan which shall show the height and location of the fence.
B.
Any fence or hedgerow of any description as long as it meets the requirements of this chapter must never obstruct the flow or view of pedestrians or motor vehicles on public sidewalks or highways.
C.
Any fence of any description as long as it meets the requirements of this chapter must never obstruct the flow or view of pedestrians or motor vehicles on public sidewalks or highways.
D.
No fence permit shall be issued that obstructs the legal rights, easements or rights-of-way of others. Any issued fence permit that does so shall be rescinded and revoked. The Village shall not bear the costs and expenses of establishing the legal rights, easements or rights-of-way of others.
E.
Fences in front yards; residence districts. The front yard shall constitute the property immediately in front of the residence. No fence, as defined in § 350-2, higher than three feet shall be erected in any front yard. Corner lots shall be interpreted as having two front yard lines and two side yard lines.
F.
A security fence or a privacy fence shall not exceed six feet in height and shall only be erected within the rear and side yards.
G.
Barbed wire, single strand wire and electrified fences or anchoring of any fence post by means of a guide wire or guide wires shall be prohibited in residential areas.
H.
Temporary snow fences shall not require a building permit but shall follow all other sections of this chapter. Snow fences shall be permitted from October 15th to May 1st. Placement of such snow fencing shall not cause drifting on any adjacent property or public sidewalks and streets.
I.
Any fence erected shall have the smooth side or finished side facing to the outside of the property of the owner. Fence posts shall be placed on the inside of the fence.
J.
All fences shall be maintained by the property owner as meets the original design specifications and shall meet standards of the New York State Property Maintenance Code.
One sign per principal structure is permitted in accordance with the following regulations:
A.
In residential and agricultural districts.
(1)
One nameplate or identification sign indicating the name of the occupant, professional office, or a permitted home occupation, provided the size of the sign is not over two square feet in area. Such sign shall not be closer than 10 feet to the highway right-of-way line.
(2)
Sale or rental sign (temporary) advertising the sale or rental of the premises on which it is placed, provided the size of such sign is not in excess of six square feet and shall not be closer than 10 feet from the highway right-of-way line.
(3)
Institutional sign of school, college, church, hospital or other institution or similar public or semi-public nature located on the premises, provided the size of any sign is not in excess of two square feet and that the sign shall be displayed only when such products are in season and is not closer than 10 feet from the highway right-of-way line.
(4)
One farm product sign advertising the sale of farm products or produced on the premises, provided the size of the sign is not in excess of two square feet and that the sign shall be displayed only when such products are in season and is not closer than 10 feet from the highway right-of-way line.
B.
All other districts.
(1)
Only on-premises business signs are allowed for each land use activity and shall not project more than four feet beyond the building line but shall not project over any street line or above the roof line. Such signs shall be no closer than 20 feet from the highway right-of-way line.
(2)
The aggregate area allowed for all signs on any building or premises shall not exceed 1 1/2 square feet for each foot of frontage of the building displaying such sign.
(3)
If illuminated, the source of light shall not be visible. Flashing, marquee, or intermittently lighted signs shall be prohibited.
C.
In case of a principal use involving no building, or in case of a building the front wall of which is located farther from the street than the required depth of front yard or width of side yard, such signs may be supported by freestanding structures and may be located anywhere on the premises except within the required front or side yard, provided the requirements of this subsection as to size, light, and visibility from adjoining lots in any residential district are met.
No person shall place a mobile home on any public or private property except as follows:
A.
In an approved mobile home park district.
B.
The Village Zoning Board of Appeals/Planning Board may issue a special permit for a mobile home to be located on the construction site of a new residence for a period not to exceed six months if, in its opinion, it finds that not doing so would cause a hardship.
C.
The Village Zoning Board of Appeals/Planning Board may issue a special permit for a mobile home to be used as temporary office space related to a construction project for a period not to exceed one year.
D.
The Village Zoning Board of Appeals/Planning Board may renew the above special permit for mobile homes for a period not to exceed six months if, in its opinion, it finds that not to do so would cause a hardship.
A.
Arterial identification. The following public roadways shall be considered for the purpose of this chapter to be arterial highways of Type "A" or Type "B." Type "A" arterial highways are those which have a probability and arterial highways are those which have a probability and potential for becoming at least four-lane facilities, or are those which are currently four lanes at least in pavement width. Type "B" arterial highways are those which are expected to remain two-lane facilities with no reasonable probability or potential of expanding to four-lane facilities. The distinction between the Type "A" and the Type "B" arterial is based on state highway plans, county plans and land development patterns, physical constraints along highway corridors, projected traffic volumes, horizontal and vertical highway alignment, safety considerations, and the projected need for reliance upon the listed highways for a continued safe, smooth and efficient local and regional highway network.
B.
Standard arterial highway setback distance. No structure on lots contiguous to arterial highways shall be located nearer to the arterial highway than 140 feet for Type "A" and 115 feet for Type "B" as measured from the center of pavement of the arterial highway to the point of the structure nearest to the arterial highway, excepting fences, signs, steps, open porches, eaves, cornices, gasoline pump islands, and similar fixtures. In the event the zoning district setback along arterial highway is different, the greater setback shall apply.
C.
Exception in residential and A-1 districts.
(1)
New one family residences shall be located subject to the standard arterial highway set back. Thereafter, in cases where the setback applies to reverse frontage lots (rear yards), building additions and accessory structures, including swimming pools, shall be permitted within the last 50 feet of the setback.
(2)
Standard arterial highway parking area setback distances. No lot area intended to function as a parking lot or vehicular service area, excepting driveways which provide access only to parking lot and vehicular service areas, on lots contiguous to arterial highways shall be less than 70 feet for type "A" and 55 feet for type "B" as measured from the center of pavement of the arterial highway to the point of the parking area or vehicular service area nearest to the arterial highway.
(3)
Corner lots. Corner lots established contiguous to an arterial highway type "A" or type "B" and intended for nonresidential land usage shall be at least 200 feet by 200 feet in size along the intersecting street right-of-way lines.
A.
Definition. When used in this section, "retail propane sales" shall mean the sale of propane or any other liquefied petroleum gas (LPG) involving the refilling of portable containers. Specifically excluded is the sale of pre-filled LPG containers weighing less than 16.5 ounces.
B.
Permit required. No facility for retail propane sales shall be installed without a permit having been issued by the Zoning Enforcement Officer upon approval of an application showing compliance with the requirements of this section and the generally accepted standard (NFPA 58 [1986]).
C.
Installation requirements.
(1)
Properties where installations are proposed must be located in zoning districts which permit retail sales.
(2)
Regardless of zoning, no installation shall be permitted on properties which are within 1,000 feet of residential occupancies.
(3)
Applications shall include drawings drawn to scale which clearly show the proposed locations of the installation on the site including distances to buildings, driveways, parking areas, and property boundaries as well as the occupancy of each adjoining property. In addition, the methods proposed to protect the installation from vandalism and accidents shall be shown. Additional information shall include the size of the tank and how it is to be mounted.
(4)
Each installation shall be limited to a maximum of 500 gallon (water capacity) tank.
D.
Operation requirements.
(1)
Prior to filling the first propane storage tank, a certificate of compliance shall have been issued by the Zoning Enforcement Officer and following inspection of the installation. Should subsequent inspections reveal violations of these regulations, including operation of dispensing equipment by non-certified employees or other hazardous conditions, the certification shall be suspended until the condition(s) is/are rectified. In the case of repeated violations, the certificate of compliance is suspended or revoked.
(2)
All employees who are intended to fill customers' containers shall be trained in the operation of the dispensing equipment by the propane wholesaler who shall supply written certification of such training to the facility manager. In addition, a colored photograph of each certified employee shall be on display for inspection purposes.
A.
Intent.
(1)
Within the districts established by this chapter, or amendments that may later be adopted, there exists lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was passed or amended but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment, it is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(2)
Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of either of other uses, of a nature which would be prohibited generally in the district involved.
(3)
To avoid undue hardships, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any parcel of land on which actual or constructive construction was lawfully begun prior to the effective date of adoption of this chapter. "Constructive construction" is hereby defined to include all proposed construction for which a building permit has been obtained from the Village of Wampsville. "Actual construction" is hereby defined to include the placing of construction materials in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently and a building permit for such work has been obtained from the Village of Wampsville.
(4)
If the work described in any building permit hereinabove included under the definition of constructive construction has not begun within 90 days from the date of adoption or amendment of this chapter, then said permit shall expire, and said proposed construction shall require the issuance of a new building permit.
(5)
If the work described in any building permit hereinabove included under the definition of constructive construction, or any work of whatever nature proposed or desired where actual construction began prior to the effective date of adoption of this chapter, has not been substantially completed within 24 months of the effective date of adoption of this chapter, any and all further work shall cease, and a new building permit shall be required as hereinafter provided.
B.
Nonconforming lots of record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record, or a lot or parcel described by metes and bounds, or a lot in an unrecorded plat which was the subject of a contract to purchase or article of agreement executed prior to the effective date of this chapter, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district. Variance of yard requirements shall be obtained only through action of the Zoning Board of Appeals/Planning Board. A nonconforming single-family residence may be enlarged or extended provided that the dimensional nonconformance is not increased thereby.
C.
Nonconforming uses of land (or land with minor structures only). Where at the time of passage of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding $1,000, the use may be continued so long as it remains otherwise lawful, provided:
(1)
No such nonconforming use shall be enlarged or increased, nor extended, to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(2)
No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter;
(3)
If any such nonconforming use of land ceases for any reason for a period of more than 60 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located;
(4)
No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
D.
Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions of area, lot coverage, height, yards, it's location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(2)
Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 75% of its replacement cost at time of destruction, it shall not be reconstructed except to the exact or more conforming dimensions as it existed on the date of its destruction which reconstruction shall be commenced and completed with due diligence; provided, however, if and when the principal place of residence of a citizen of the Village of Wampsville is destroyed by accidental fire, hurricane, tornado, or other acts of God, said home owner may rebuild said structure; or said home owner or mobile home owner may rebuild or replace with a superior type of construction. This applies only to property occupied by the homeowner at the time of the disaster.
(3)
Should such structure be moved for any reason to any district whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
E.
Nonconforming uses of land involving mobile homes. Whereas, at the time of passage of this chapter, lawful use of land exists which would not be permitted by the regulation imposed by this chapter and where such use involves mobile homes, the use may be continued so long as it remains otherwise lawful, provided:
(1)
No additional mobile home shall be located on any parcel in excess of the number of trailer sites, consisting of the appropriate pads and at the effective date of adoption or amendment of this chapter.
(2)
If any individual mobile homes located on any individually owned parcel or lot for record shall be moved for more than a period of six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located. An existing nonconforming mobile home may not be replaced by another mobile home.
(3)
These regulations are not intended to prohibit the continued operation of existing trailer parks as of the effective date of adoption or amendment of this chapter and such trailer parks are expressly permitted to continue operation in the manner conducted prior to the effective date of adoption or amendment of this chapter.
(4)
If any individual mobile home located on any parcel of property on the effective date of adoption of this chapter shall be bounded by a fence or other boundary mutually agreed to by the adjoining landowners or occupants and provided said lots abut a road, street or public right-of-way, said lots may be sold or otherwise conveyed by metes and bounds description and such use continued so long as not abandoned pursuant to Subsection E(2) hereof.
F.
Nonconforming uses of structures or of structures and premises in combination. If lawful uses involving individual structures with a replacement coast of $1,000 or more, or of structures and premises in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2)
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(3)
If no structural alterations are made, any nonconforming use of a structure or structure and premises may as a special exception be changed to another nonconforming use, provided that the Zoning Board of Appeals/Planning Board shall make an interpretative ruling in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Appeals/Planning Board may require appropriate conditions and safeguards in accord with the provisions of this chapter.
(4)
Any structure, or structure and land in combination, in or on which a nonconforming use was partially superseded by a permitted use shall thereafter be permitted only after consideration of the plans and specifications for the same have been approved by the governing body or shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
(5)
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months during any three-year period (except when government action impedes access to the premises), the structure or structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(6)
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 75% of the replacement cost at the time of destruction.
G.
Repairs and maintenance.
(1)
On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 25% of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.
(2)
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to the lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
(3)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
H.
Uses under special permit exception provisions not nonconforming uses. Any use which is permitted as a special permit use in a district under the terms of this chapter (other than a change through Zoning Board of Appeals/Planning Board action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.
I.
Termination of certain noxious and objectionable nonconforming uses. Each of the nonconforming uses specified in this subsection is deemed sufficiently objectionable, undesirable, and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district, and blight the proper and orderly development and general welfare of such district and the community, to the point that such nonconforming use must be and shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter, which period of time is specified for the purpose of permitting the amortization of the remaining value, if any, of such use.
(1)
In all residential districts as established in this chapter, automobile wrecking yards and junkyards may be continued for one year after the effective date of this chapter, at which time such nonconforming use shall terminate.
(2)
In all cases described in Subsection I(1) above, appeal may be taken at any time to the Zoning Board of Appeals/Planning Board, and the said Board, after public notice and hearing, may extend the date of termination for such additional period or periods as it deems reasonable. The said Board in ascertaining whether to extend such termination date and in determining the length of such extensions must consider the following criteria:
(a)
The nature of the nonconforming use, the character of the surrounding neighborhood, and a determination of the effect the nonconforming use has on the surrounding neighborhood.
(b)
The value of the appellant's land and improvements based upon the nonconforming use.
(c)
The amortization life rather than the useful life of the nonconforming use and what constitutes a fair opportunity to amortize the investment in such nonconforming use.
(d)
The kind and amount of damages, if any, which would be sustained because of immediate termination and/or relocation.