Village of Scotia, NY Article VI BR Business-Residence District

§ 250-17 Permitted and prohibited uses.

A. Uses permitted. The following uses shall be permitted within all BR Business-Residence Districts:

(1) All uses permitted in MR Multiple Residence Districts, subject to all restrictions specified therefor.

(2) Any nonresidential use not otherwise prohibited, provided that the operation of such conforms to all standards and limitations provided herein.

B. Uses prohibited.

(1) The following uses shall be prohibited within all BR Business-Residence Districts:

(a) Any business involving the sale of merchandise or commodities at retail upon the premises, except incidentally.

(b) Any use which may in any manner create a dangerous, injurious, noxious or otherwise objectionable condition; fire, explosive, radioactive or other hazard; noise, vibration, smoke, dust, odor or other form of air pollution; electrical disturbance or glare; liquid or solid waste or refuse condition conducive to the breeding or attraction of rodents or insects; or any other substance, element or condition in an amount or manner as to adversely affect the surrounding area.

(2) No operations or activities shall be conducted or storage of material permitted except within an enclosed building.

C. Additional uses by special permit.

(1) The following uses shall be permitted upon issuance of a special permit as provided in Article XIV of this chapter:

(a) Any business use not specifically prohibited and having characteristics no more objectionable than office buildings, banks, regional insurance offices, research laboratories, etc.

(2) No buildings shall be erected or use established without first securing a special permit therefor. Applications for such a permit shall be accompanied by:

(a) A plot plan of the lot showing the location of all existing and proposed structures, driveways, parking areas and other constructional features on the lot as well as all buildings, streets, streams and other topographical features outside of the lot but within 200 feet of any lot line;

(b) A description of the operations and uses proposed, given in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air or water pollution and fire or safety hazards;

(c) Architectural plans for any proposed building;

(d) Designation of the fuel proposed to be used and any necessary engineering plans for controlling smoke and ash;

(e) A proposed schedule of operating hours and working shifts of employees and the numbers of employees anticipated; and

(f) Any other data or evidence that may be required by the Zoning Board of Appeals.

§ 250-18 Hours of operation limited.

A nonresidential use shall not be open to the public on Sundays, normal business holidays or between the hours of 7:00 p.m. and 7:00 a.m.

§ 250-19 Lot area requirements.

A. Residential use. Lot area requirements for single-family or multifamily dwellings shall conform to the specifications set forth for their respective districts.

B. Business use.

(1) For any permitted business use a lot shall contain at least 15,000 square feet and have a minimum lot width and depth of 100 feet.

(2) All buildings, including accessory buildings, shall cover no more than 40% of the lot area.

(3) Each lot shall have front, side and rear yards with the following minimum dimensions:

(a) Front yard depth: 20 feet.

(b) Side yards, two: each equal to one-half (1/2) the height of the principal building but not less than 15 feet.

(c) Rear yard depth: equal to the height of the principal building but not less than 30 feet.

§ 250-20 Building regulations.

A. Residential use. Building requirements for single-family or multifamily residential uses shall conform to the specifications set forth for their respective districts, except that multifamily dwellings shall not exceed three stories or 35 feet in height.

B. Business use.

(1) Height limits. No principal building shall exceed three stories or 40 feet in height. Accessory building height and accessory structure height shall not exceed 20 feet.

[Amended 9-13-2006 by L.L. No. 7-2006]

(2) Accessory buildings. Accessory buildings shall observe front, side and rear yard requirements, except that on the rear half of the lot they may be placed within 10 feet of a lot line.

C. Parking space requirements. Off-street parking shall be provided on the premises on which any nonresidential use is conducted. All driveways and parking areas shall be covered with a bituminous or other dust-free surface. Minimum parking space shall be provided as follows:

(1) One parking space for every two workers engaged during maximum employment capacity.

(2) Space for each company-owned or -operated motor vehicle within an enclosed building or within a rear yard area, screened from view from the street by shrubbery or other means.

(3) Adequate space for customer vehicles, in addition to Subsection C(1) and (2) above.

(4) Required parking spaces may be located on side or rear yard areas but not in front yards.