Baldwinsville City Zoning Code
ARTICLE XIV
Exceptions and Supplemental Regulations
§ 345-36 Area and width exceptions.
Any parcel of land with an area or width less than that prescribed for a lot in the district in which such lot is situated, if any such parcel was under one ownership on the date of enactment of this chapter and the owner thereof owned no adjoining land, may be used as a lot for any purpose permitted in the district, provided that there shall be compliance with all other regulations prescribed for the district by this chapter.
§ 345-37 Alteration of existing dwellings.
The Code Enforcement Officer, as hereinafter created, may authorize the issuance of a permit for the alteration of a single-family dwelling existing at the time of adoption of this chapter in a residence district, a business district or a commercial district for a two-family use, provided that:
A.
After alteration of the building, the area of the lot upon which the building is located amounts to not less than 5,000 square feet for each dwelling unit.
B.
No dwelling unit shall have less total floor area than 600 square feet used for living purposes.
C.
No living quarters are placed in a basement or in any other room or space having less than six feet of ceiling clearance above the average outside ground level.
D.
There is no exterior alteration of the building except as may be necessary for safety and for improved access to the building.
§ 345-38 Frontage upon street.
§ 345-39 Fire escapes.
Nothing herein contained shall prevent the projection of an open fireproof fire escape or stairway into a rear or side yard for a distance not to exceed eight feet.
§ 345-40 Height exceptions.
Nothing herein contained shall be interpreted to limit or restrict the height of a church spire, commercial radio or commercial wireless tower, belfry, clock tower, chimney flue, water tank, elevator bulkhead, stage tower or scenery lift.
§ 345-41 Nonconforming uses.
A.
All structures and uses not conforming to the regulations of the district in which they are located at the time of adoption of this chapter shall be known and regarded as "nonconforming."
B.
A nonconforming structure or use may be continued subsequent to the effective date of this chapter unless otherwise provided herein, provided that no such structure may be enlarged or altered in a way which increases its nonconformity, and no such use shall be enlarged or increased to occupy a greater area of land than was occupied on the effective date of this chapter.
C.
Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use on the effective date of this chapter. A nonconforming use may not be changed to another nonconforming use disallowed by this chapter.
D.
To avoid undue hardship, nothing herein contained shall require any change of plans, construction or designated use of a structure for which a building permit was issued more than 30 days prior to the enactment of this chapter and the construction of which is begun and diligently prosecuted within three months after the enactment hereof.
E.
On any structure devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement value of the structure; provided that the cubical content of the structure, as it existed at the time of passage of this chapter, shall not be increased.
F.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any Village official charged with protecting the public safety, upon order of such official.
G.
Reversion of nonconforming structures and uses. A nonconforming structure or use may not be altered, rebuilt or resumed except in conformity with the regulations for the district in which it is located if:
(1)
Either a nonconforming structure or use has once been changed to a conforming use.
(2)
A nonconforming use of land ceases for any reason for a period of more than 30 days.
(3)
A nonconforming use of a structure has ceased for a consecutive period of six months or for 18 months during any three-year period.
(4)
A nonconforming structure is destroyed by any means to the extent of 50% or more of either its value or its bulk.
H.
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from a district of one classification to a district of a different classification, the foregoing provisions shall apply to nonconforming uses created by such transfer.
§ 345-42 Minimum building size.
§ 345-43 Trailers.
Trailer coaches are not permitted in any district with the following exceptions:
A.
A single, occupied travel trailer coach may be parked on the premises of a dwelling for a period not to exceed 30 days in any one year, provided that the occupants of said trailer are guests of the property owner and that no charge is made for this location and for any facilities offered.
B.
A single travel trailer coach may be parked on the premises of a dwelling or stored in a garage or accessory building; provided that no living quarters shall be maintained or any business transacted herein while such trailer is parked or stored, and provided that no such trailer coach shall be parked closer to the street than the front line of the dwelling.
§ 345-44 Excavation and topsoil removal.
[Amended 4-18-1994 by L.L. No. 3-1994]
In any district, except upon approval of the Planning Board granted in accordance with § 345-34, no person shall strip, excavate or remove topsoil for sale or for use other than on the premises from which the same shall be taken, and no excavation of land shall be permitted which will result in a slope of less than one-foot vertical in two feet horizontal (approximately 26° 24 feet) or which shall result in erosion gullies and will lose, except in connection with the construction or alteration of a structure or use on such premises and excavations or grading incidental thereto.
§ 345-44.1 Residential handicap access ramps
[Added 5-5-2022 by L.L. No. 3-2022]
Notwithstanding any contrary provision contained in the Village Code, the following shall apply to handicap ramps on lots occupied by residential uses only:
A.
Such temporary or permanent handicap access ramps are permitted in any yard, provided that they are a minimum of 10 feet from any front lot line and a minimum of five feet from any side or rear yard lot line.
B.
Such temporary or permanent handicap access ramps shall require a building permit but shall not require Zoning Board of Appeals approval.
C.
Any application for a building permit made pursuant to this section shall be accompanied by sufficient evidence of the necessity for such a ramp.
D.
Handicap ramps shall be designed and built to local, state and federal code guidelines relating to the Americans with Disabilities Act[1] with specified slopes, handrails, etc. A temporary or permanent handicap ramp permitted under this subsection shall be removed if the need for it no longer exists.
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.