All uses permitted by this chapter shall be subject to such
exceptions, additions or modifications as are provided in the following
supplementary regulations.
Any use not specifically permitted by these regulations is prohibited.
A.
In computing yard depths required by this chapter the following rules
shall be observed:
(1)
Patios. A ground level patio 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 guardrail not over three feet high and shall not project into
any yard to a point closer than four feet to any lot line.
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 major portion of the lot shall apply
to the whole lot, and in the case where the 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 or industrial use onto the residential street, the above
provisions shall not apply, and each portion of the lot shall conform
to its respective district.
In any district, not more than one principal structure shall
be erected on a single lot.
On corner lots there shall be provided on the side street a
side yard equal in depth to the required front yard depth on said
side street. Such lots shall be deemed to have two adjoining front
yards. The two remaining yards shall be deemed side yards.
[Amended 11-20-2018 by L.L. No. 4-2018]
A.
The use of a recreational vehicle (RV) as a permanent or a temporary
dwelling unit, for living, sleeping, housekeeping or residential purposes
and the connection of such RV to utility services are prohibited unless
otherwise specified in the Zoning Ordinance of the Village of McGraw.
B.
A recreational vehicle (RV) may, however, be used as temporary lodging
while parked on the same lot with a dwelling, provided the RV is not
used for such purpose for more than two separate periods per year,
which shall not exceed seven days each, and further provided that
all applicable health and safety standards are met and, in no case,
shall the use be for any remuneration.
C.
No recreational vehicle (RV) may be parked or stored in any area
in a front yard, except in business or industrial areas where such
vehicles are temporarily displayed for sale.
Rummage sales shall be permitted without a permit in all areas,
provided that such sale shall be conducted for a period of no longer
than three consecutive days or parts thereof in one calendar week
nor a cumulative total of six days or parts thereof in one calendar
month.
A.
All production or processing of materials or substances shall be
within an enclosed building.
B.
All commercial/industrial storage shall be effectively screened from
view of pedestrian passersby on any public way adjacent to the premises
containing such storage.
C.
Storage of waste products must be completely enclosed within a building
or storage shed.
A.
Residential district.
(1)
In any residential district, a front yard fence may be erected not
to exceed three feet in height. It shall not be closer than the rear
of the sidewalk line, and it shall have a minimum open-to-closed ratio
of 1:1.
(2)
A security fence or a privacy fence, not to exceed six feet in height,
may be erected. The fence may be erected only within the rear and
side yards, provided that it is no closer than one foot to the property
line.
(4)
Hedges may be permitted in front yards, provided that no hedge along
the sides or front edge of the front yard shall exceed 2 1/2
feet in height.
B.
Schools, playgrounds and parks. A security fence provided for schools,
playgrounds and parks in any district shall not be more than 10 feet
in height.
C.
Business and industrial districts. A fence may be erected in industrial
districts at least one foot from the property lines. Fences shall
not exceed 10 feet in height and shall have a minimum height of five
feet.
D.
Fence design standard. All fences in any district shall meet the
following standards:
(1)
A fence shall be constructed and maintained to withstand a wind load
of no less than 15 pounds per square foot. All materials shall be
treated against infestation or corrosion.
(2)
No fence shall be constructed with barbed or electric wire, broken
glass or other similar high-risk injury-causing materials on any surface.
(3)
All fences shall be maintained by the property owner to meet the
original design specifications.
(4)
All fences must be constructed in such a manner that the side of
the fence from which the structural supports are most readily observable
face inward on all sides and not towards the outside portion of the
lot upon which the fence is erected.
E.
Required buffer strip.
(1)
If the use of a residentially zoned lot is other than as a single-
or two-family dwelling, a buffer strip 10 feet in width shall be provided
at the side or rear lot line which abuts the single- or two-family
dwelling use.
(2)
A buffer strip 10 feet in width shall be provided upon all non-residentially-zoned
lots which abut a residentially zoned lot at the side or rear lot
line.
(3)
Each buffer strip shall be planted with at least two trees and/or
shrubs every 10 linear feet. The remainder of each buffer strip shall
be landscaped in grass, ground cover, or other vegetation wall or
fence. If woodlands are located within the required landscaped area,
preservation of such woodlands may substitute for the required trees
and/or shrubs. If woodlands are located in only part of the required
landscaped area, the number of trees and/or shrubs required may be
proportionally reduced.
(4)
Landscaping of buffer strips shall not interfere in any manner with
either on-site or off-site traffic visibility.
(5)
The owner and occupant of property upon which a buffer strip is located
shall maintain the buffer strip in such a manner as to preserve its
intended appearance.
A.
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 a distance of 30 feet 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, except for
the natural grade of the land, shall not exceed 2 1/2 feet above
the top of the curb or, if no curb exists, above the level of the
intersecting center lines of the street.
B.
The Code Enforcement Officer shall have the authority to enforce
the removal of any materials that are in violation of this section.
Failure to comply with his written order within 10 days shall be considered
a violation. If after 30 days from such notice the material has not
been removed, the Village of McGraw shall have the authority to remove
such material and will charge the owner for the cost of the removal.
A.
Swimming pools shall be erected in the rear yard of the premises
(except that, in the case of a corner lot or a double lot, the side
yard may be used if all other requirements of this chapter are met).
B.
Swimming pools shall not be erected closer than eight feet to the
rear and side property lines of the premises or, in the case of a
corner lot, closer than 25 feet to any street line along an abutting
street.
C.
Swimming pools shall not occupy more than 40% of the area of the
rear yard, excluding all garages or other accessory structures located
in such area.
Where a question exists as to the proper application of any
of the requirements of this chapter to a particular lot or parcel
because of the peculiar or irregular shape of the lot or parcel, the
Zoning Board of Appeals shall determine how such regulations shall
be applied.
No porch, whether enclosed or unenclosed, may project into any
required yard but shall be considered a part of the building in the
determination of the size of the yard or amount of lot coverage. Roofs
over entrance doorways may extend not more than three feet into any
required yard.
No person, firm or corporation shall strip, excavate or otherwise
remove topsoil for sale or for use other than on the premises from
which the same shall be taken, except in connection with the construction
or alteration of a building on such premises and excavation or grading
incidental thereto. No topsoil shall be stripped, excavated or otherwise
removed that will result in a slope steeper than one-foot vertical
on three feet horizontal. No land shall be excavated until measures
are taken to avoid soil loss or erosion. The excavation of any material
shall require a special permit from the Village Planning Board.
A.
Exterior artificial lighting or illumination that is installed, established
and/or maintained on any real property within the Village shall adhere
to the following:
(1)
Artificial lighting or the reflection therefrom shall not be installed,
established or maintained in such a manner as to be a nuisance or
as to unreasonably interfere with the quiet enjoyment of the occupants
of neighboring properties.
(2)
Spotlights, floodlights and the like shall not be directed or aimed
towards a neighboring property or operated in such a manner that light
shines directly on or into any room, porch, or patio located on a
neighboring property.
(3)
There shall be no artificial lighting or illumination of outdoor
recreational facilities, except swimming pools.
(4)
Artificial lighting or the reflection therefrom shall not be directed
towards any street or road within the Village so as to interfere with
the visibility and/or safety of motorists.
B.
The following lighting uses shall be prohibited in all zoning districts
of the Village of McGraw:
A.
Minimum lot size: 20,000 square feet.
B.
No person shall, from the effective date of this chapter, operate
an outdoor wood boiler unless such operation conforms with the manufacturer's
instructions regarding such operation and the requirements of this
article regarding chimney height and the fuels that may be burned
in an outdoor wood boiler.
C.
With respect to any outdoor wood boiler installed, such outdoor wood
boiler must be set back a minimum of 50 feet from any property line.
D.
All operating instructions supplied by the manufacturer must be followed
in the use of such wood boiler.
E.
The only fuels allowed shall be those listed fuels recommended by
the manufacturer. The following are prohibited: trash, plastics, gasoline,
rubber, naphtha, household garbage, material treated with petroleum
products (particle board, railroad ties and pressure-treated wood),
leaves, paper products and cardboard.
F.
The manufacturer's written instructions for recommended loading
times and amounts must be followed in the use of wood boilers.
G.
Use of lighter fluids, gasoline, or chemicals to start the wood boiler
is prohibited.
H.
The unit must be located with due consideration to the prevailing
wind direction.
I.
Chimney height.
(1)
If located 50 feet or less from any residence not served by the wood
boiler, it is recommended that the stack be at least two feet higher
than the eave line of the residence.
(2)
If located more than 50 feet but not more than 100 feet from any
residence, it is recommended that the stack be at least 75% of the
height of the eave line of that residence, plus an additional two
feet.
(3)
If located more than 100 feet but not more than 150 feet from any
residence, it is recommended that the stack be at least 50% of the
height of the eave line of that residence, plus an additional two
feet.
(4)
If located more than 150 feet but not more than 200 feet from any
residence, it is recommended that the stack be at least 25% of the
height of the eave line of that residence, plus an additional two
feet.
