The following temporary structures shall be
deemed to be permitted uses in all zoning districts, provided that
all laws and regulations of New York State, Orleans County and the
Village of Albion are adhered to:
A. Temporary structures or uses incidental to construction
work shall be permitted for a period of time not to exceed one year,
provided that any such structure shall be removed forthwith upon the
completion or abandonment of the construction work. Any extension
of such time shall require a variance from the Zoning Board of Appeals.
B. The temporary use of a dwelling as a model home, in
all zoning districts in which dwellings are permitted, for a period
of time not to exceed six months.
Every principal building shall have access to
a public street improved to meet Village requirements. Access may
be direct or by a driveway or private road constructed to Village
standards. Said driveway or private road shall have a right-of-way
width of not less than 30 feet and a pavement width of not less than
16 feet, improved with a durable all-weather surface, subject to approval
of the Village Streets Superintendent. All structures shall be located
on lots so as to provide safe and convenient access for servicing,
fire protection and required off-street parking.
For the purpose of regulating the location of
buildings on corner lots and on lots with frontage along two parallel
streets, all portions of a corner lot or a through lot which front
on a public street shall be subject to the front yard requirements
of the zoning district in which said corner lot or through lot is
located.
No sign, fence, wall, hedge, shrub planting
or tree foliage which obstructs vision at elevations between three
and seven feet above the street level shall be placed or maintained
within the triangular area formed by two intersecting street lines
and a line connecting points on such street lines 25 feet distant
from their point of intersection.
In all districts, except for the Central Business District (CBD), there shall be provided, at the time any building or structure is erected, enlarged, increased in capacity or changed in use, improved and usable off-street parking spaces for motor vehicles in accordance with the requirements of this article and the
Parking Schedule. None of the off-street parking facilities as required
herein shall be required for any existing building or use, unless
said building shall be enlarged or the use of land changed. In such
cases, off-street parking facilities shall be provided as hereinafter
specified for the building as enlarged or to accommodate the needs
of the new use.
A. Parking requirements for single- and two-family dwellings.
(1) Off-street parking for single- and two family dwellings
shall be provided on a driveway which provides access to such residences
or a garage which is accessory to such residential uses.
(2) Except for parking on driveways, no front yard shall
be used to park or store boats, vehicles, travel trailers, snowmobiles,
snowmobile trailers and other similar equipment on a residential lot.
[Amended 7-8-1998 by L.L. No. 3-1998]
(3) Off-street parking of not more than one commercial
vehicle shall be permitted in conjunction with a single- or two-family
dwelling, provided that the vehicle is used by the occupant of the
premises.
[Amended 7-8-1998 by L.L. No. 3-1998]
B. Design requirements.
(1) Off-street parking space shall be provided as further
specified in this chapter and shall be furnished with necessary passageways
and driveways. For the purposes of this chapter, a parking space shall
be not less than nine feet in width and 20 feet in length, exclusive
of accessways and driveways.
[Amended 7-8-1998 by L.L. No. 3-1998]
(5) All off-street parking shall be subject to site plan
review by the Planning Board.
[Amended 7-8-1998 by L.L. No. 3-1998]
(6) All parking areas, passageways and driveways (except
where provided in connection with one- and two-family dwellings) shall
be adequately drained and surfaced with a dustless, durable, all-weather
surface, subject to approval of the Superintendent of Streets.
(7) Each off-street parking space shall be so designed,
maintained and regulated so that no parking or maneuvering incidental
to parking shall occur on any public street, walk or alley and so
that any motor vehicle may be parked and unparked without moving or
damaging another.
(8) The collective provision of off-street parking areas
by two or more buildings or uses located on adjacent lots may be approved
by the Planning Board during site plan review, provided that the total
of such facilities shall not be less than the sum required of the
various buildings or uses computed separately. Joint parking, as defined
herein, is encouraged.
(9) No more than two driveways, of not less than 20 feet
(two-way traffic) or 12 feet (one-way traffic) nor more than 30 feet
in width, shall be used as a means of ingress or egress for each nonresidential
use, except where the deviation from the number of or width may be
deemed necessary by the Planning Board during site plan review due
to site specific requirements.
[Amended 7-8-1998 by L.L. No. 3-1998]
(10)
Off-street parking for nonresidential and multiple
dwellings shall be set back not less than five feet from the front
lot line. Off-street parking for such uses may be permitted in the
rear and side yards, subject to approval by the Planning Board during
site plan review.
[Amended 7-8-1998 by L.L. No. 3-1998]
(11)
No driveway providing access to an off-street
parking area shall be located within 20 feet of any side lot line
or within 50 feet of a street intersection measured along the curbline
of the same street on which the driveway is located. In addition,
a minimum distance of 50 feet shall be maintained between two driveways
located on any one frontage.
C. Location of off-street parking areas. Off-street parking
areas shall be located as hereinafter specified. If a distance is
specified, such distance shall be the walking distance measured from
the nearest point of the parking facility to the nearest public entrance
of the building that said parking area will serve.
[Amended 7-8-1998 by L.L. No. 3-1998]
(1) For one- and two-family dwellings and for all types
of residential structures: on the same lot with the building they
are required to serve.
(2) For multiple-family dwellings: not more than 200 feet
from the building they are required to serve.
(3) For other uses: not more than 500 feet from the building
they are required to serve.
D. Screening and landscaping.
(2) When a parking area for five or more vehicles is within
or abuts a residential zoning district, a planted buffer shall be
provided. Landscaping utilized to provide this buffer shall be not
less than four feet in height at the time of planting and spaced not
more than three feet apart. The necessity for the strip, and the approval
of the design of the strip, shall be determined by the Planning Board
during site plan review.
[Amended 7-8-1998 by L.L. No. 3-1998]
E. Lighting.
(1) All off-street parking areas and driveways (excluding
areas serving one- and two-family dwellings) shall be illuminated
adequately during the hours between sunset and sunrise when the use
is in operation.
(2) Any lights used to illuminate an off-street parking
area shall be so arranged as to reflect the light away from the street
and all adjoining properties.
F. Units of measurement.
(1) For the purpose of applying the requirements for off-street
parking and loading, gross floor area in the case of offices, merchandising
or service types of uses shall mean the total floor area to be used
or intended to be used by tenants or for service to the public as
customers, patrons, clients or patients, including areas occupied
by fixtures and equipment used for display or sales of merchandise.
It shall not include areas used principally for nonpublic purposes,
such as storage, incidental repair, restrooms, fitting or alteration
rooms or general maintenance or enclosed pedestrian malls or corridors.
(2) In churches and other places of assembly in which
patrons or spectators occupy benches, bleachers, pews or other similar
seating facilities, each 18 inches of such seating facilities shall
be counted as one seat for the purpose of determining requirements
for off-street parking facilities.
(3) When the determination of the number of required parking
spaces results in the requirement of a fractional space, any fraction
less than 1/2 may be disregarded, while a fraction in excess of 1/2
shall be counted as one parking space.
G. Mixed occupancies and uses not specified. In any case
of mixed uses, the total requirements for off-street parking facilities
shall be the sum of the requirements for the various uses computed
separately. In the case of a use not specifically mentioned in this
section, the requirements for off-street parking facilities shall
be determined by the Planning Board during site plan review. Off-street
parking facilities for one use shall not be considered as providing
required parking facilities for any other use, except as hereinafter
specified for joint use.
H. Joint use. The off-street parking requirements of
two or more uses, structures or parcels of land may be satisfied by
the same parking or loading space used jointly to the extent that
it can be shown by the owners or operators of the uses, structures
or parcels that their operations and parking needs do not overlap
in point in time. If the uses, structures or parcels are under separate
ownership, the right to joint use of the parking space shall be evidenced
by a deed, lease, contract or other appropriate written document to
establish the joint use. Said document shall bind the owner, his heirs
and assigns to maintain the required joint uses throughout the life
of such uses and shall be approved by the Village Attorney.
I. Use of public parking. Where public off-street parking
facilities are available, other than off-street parking provided for
a public building, the Planning Board, during site plan review, may
permit a reduction in the number of required off-street parking spaces
for uses located on any lot within 600 feet of such public parking
facility.
J. Accessory uses.
(2) In the case of accessory retail sales, boat berths,
restaurants or swimming pools, the parking requirement for either
the accessory use or the principal use, whichever requirement is less,
shall be reduced by 50%.
In order to encourage the sound development
of street frontage, the following special regulations shall apply
to all nonresidential buildings and uses:
A. Each separate use, grouping of attached buildings
or groupings of permitted uses shall not have more than two points
of access. Additional accessways may be approved by the Planning Board,
during site plan review, based on the need for such additional access
which is supported by a traffic analysis prepared and submitted by
the applicant.
B. The use of common access points by two or more uses
shall be encouraged by the Planning Board in order to reduce the number
and closeness of access points along the streets and to encourage
the fronting of significant traffic-generating uses upon a parallel
access street and not directly upon a primary road.
C. Access points for industrial uses shall not be less
than 24 feet nor more than 40 feet in width. Unless otherwise specified
for specific uses, all other access points and driveways shall not
be less than 20 feet nor more than 30 feet in width.
D. All access points on the same lot shall be separated
by not less than 50 feet, measured in a straight line between the
two closest curbs.
Modular homes shall be affixed to a permanent
site-built foundation and shall meet the requirements of the New York
State Uniform Fire Prevention and Building Code.
All construction plans shall include consideration
of stormwater drainage needs. Whenever possible, site grading shall
direct water away from buildings and structures to the natural drainageway.
Connection to the public sewer system shall
be required for the use of any lot or building which involves the
disposal of sewage or wastewater. Such connections shall be approved
by the Code Enforcement Official and other local or state officials
as may be required by state or local law or regulations.
This section is intended to reduce impacts on
neighboring property owners and health and safety problems which may
accompany alternate energy systems.
A. An open area, free of all buildings or structures,
shall be provided around all wind energy towers, on the owner's property,
with a radius at least equal to the height of the tower.
B. Energy collection/storage facilities and appurtenant
electrical equipment shall not cause undue interference, noise or
glare.
C. Windmill blades shall clear the ground at their lowest
point by at least 20 feet.
D. Height exemption. The height limitations of this chapter
shall not apply to wind energy towers or solar collectors, provided
that such structures are erected only to such height as is necessary
to accomplish the purpose for which they are intended and that such
structures do not obstruct solar access to neighboring properties.
All residential habitation shall be in residential
dwellings as defined in this chapter. No basement sited independently
of a structure shall be inhabited as a dwelling.
Swimming pools may be installed as accessory
structures to a dwelling for the private use of the owners or occupants
of such dwelling and their families and guests or in conjunction with
a club or as a public or commercial recreation use. Swimming pools
shall conform to the following minimum standards:
A. Such pools shall be installed in the rear or side
yard of the premises.
B. The setbacks from the side and rear lot lines shall
be at least five feet.
C. Fences shall be erected and maintained, in conformance
with the provisions of the Uniform Fire Prevention and Building Code
and all other applicable laws and regulations.
D. Every gate in a fence enclosing any pool, including
an opening through the dwelling or other main building of the premises,
shall conform to the requirements of the NYS Uniform Fire Prevention
and Building Code.
E. This section does not apply to farm ponds or other
natural or artificially made bodies of water.
This section is intended to provide the minimum
level of control necessary to accomplish the health, safety and aesthetic
objectives of the Village.
A. Antennas smaller than 36 inches in diameter shall
be permitted in any district without a permit.
B. All parabolic antennas larger than 36 inches in diameter
shall require a zoning permit from the Code Enforcement Official.
Such antennas shall be located on in the rear yard only.
C. Antennas larger than 36 inches in diameter and located
in a front or side yard or attached to a building or tower shall require
site plan review from the Village Planning Board. The Planning Board
may require the applicant to screen the dish in order to reduce potential
nuisance or disturbances to adjacent properties. Although locations
in side and rear yards shall be encouraged, a ground-mounted satellite
TV dish antenna may be located in a front yard if the applicant can
demonstrate to the satisfaction of the Planning Board that locating
the dish in either the side or rear yard would not provide adequate
reception.
D. Antennas shall be set back from all other structures
and all property lines a distance which is not less than 1 1/2
times the distance between the highest part of such antenna or tower
and the ground. Guy wires, anchors and other supports for an antenna
shall not be closer than 10 feet to any property line.
No lot shall be used for the commercial storage
or disposal of solid or liquid waste without the prior approval of
the Village Board. Duly approved individual sewage disposal systems
shall be excepted from this provision. Village Board approval shall
be given only upon a finding that the proposed use shall not have
a detrimental effect upon surrounding properties and evidence of any
required permits necessary from the Department of Health and/or New
York State Department of Environmental Conservation. The Village Board
may require the submission of any documents necessary to make the
foregoing finding.