Bath City Zoning Code
ARTICLE III
District Regulations
§ 119-7 Applicability.
A.
No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the zone in which it is located. Any lawful use existing prior to the enactment of this chapter which does not conform to the requirements of this chapter may continue as a nonconforming use as provided herein. (See Article V.)
B.
No building or other structure shall hereinafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, side yards or other open spaces, than required herein, or in any other manner contrary to the provisions of this chapter. The schedule annexed hereto entitled "Zoning Schedule, Village of Bath, Lot Size, Yards, Building Heights and Lot Coverage Requirements" is incorporated in and made a part of this chapter.[1]
[Amended 10-20-2003 by L.L. No. 5-2003]
[1]
Editor's Note: The Lot Size, Yards, Building Heights and Lot Coverage Requirements schedule is included at the end of this chapter.
C.
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
D.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein.
E.
Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established herein.
§ 119-8 Low-Density Residential District (LDR).
A.
Intent. This district is created in recognition of substantial areas of the Village committed to essentially single-family residential development of relatively low density. It is intended to preserve and protect this residential area with little or no intermingling of other types of development.
C.
Accessory uses. The following accessory uses shall be permitted:
D.
Special permit uses. The following uses shall require a special permit:
§ 119-9 Medium-Density Residential District (MDR).
A.
Intent. This district is established to delineate those areas where predominantly residential development has occurred or will likely occur at medium density, including the area surrounding the Central Business District where multiple-family dwellings and some intermingling of business uses have occurred or will likely occur. High-rise apartments may be developed under prescribed standards of density and open space.
B.
Permitted principal uses. The following principal uses shall be permitted:
C.
Accessory uses. The following accessory uses shall be permitted:
D.
Special permit uses. The following uses shall require a special permit:
(1)
Nursing or convalescent homes and hospitals.
(2)
Professional offices.
(3)
Membership clubs.
(4)
Essential services.
(5)
Funeral homes.
(6)
Private or parochial schools and churches.
(7)
Home occupations.
(8)
Bed-and-breakfast dwellings.
[Added 3-18-2002 by L.L. No. 2-2002]
(9)
Cannabis businesses.
[Added 12-18-2023 by L.L. No. 5-2023]
(11)
Recreation vehicle storage.
[Added 5-15-2017 by L.L. No. 6-2017]
(12)
Art gallery.
[Added 5-15-2017 by L.L. No. 6-2017]
(13)
Property preservation.
[Added 5-15-2017 by L.L. No. 6-2017]
(14)
Fairgrounds, equestrian and exhibition centers.
[Added 5-15-2017 by L.L. No. 6-2017]
(15)
Vehicle detailing and glass repair.
[Added 5-15-2017 by L.L. No. 6-2017]
§ 119-10 Residential-Conservation District (RC).
A.
Intent. This district is established to provide for nonagricultural development of such nature and density as is compatible with existing development and the lack of utilities in the district.
B.
Permitted principal uses. The following principal uses shall be permitted:
(1)
Single- and two-family dwellings.
(2)
Agriculture, not including farm animals.
(3)
Day nurseries.
(4)
Golf courses or country clubs.
(5)
Public parks and playgrounds.
(6)
Libraries, museums, historical monuments and markers, cultural facilities, municipal parks and playgrounds.[1]
[Amended 6-18-2007 by L.L. No. 5-2007]
[1]
Editor’s Note: Former Subsection B(7), listing lodging and rooming houses, which immediately followed this subsection, was repealed 6-15-2015 by L.L. No. 3-2015.
C.
Accessory uses. The following accessory uses shall be permitted:
D.
Special permit uses. The following uses shall require a special permit:
(1)
Nursing or convalescent homes and hospitals.
(2)
Professional offices.
(3)
Membership clubs.
(4)
Mobile home parks.
(5)
Essential services.
(7)
Private or parochial schools and churches.
(8)
Bed-and-breakfast dwellings.
[Added 3-18-2002 by L.L. No. 2-2002]
(9)
Automotive service, including sales, repairs, washing, service stations, garages and parking lots.
[Added 3-15-2004 by L.L. No. 2-2004]
§ 119-11 Central Business District (CBD).
A.
Intent. It is the intent of this district to delineate the primary Central Business District to which the public requires frequent access and to encourage survival and renewal of this historic business area. A variety of business, institutional, public, quasi-public, cultural and other related uses are encouraged. Industrial uses are prohibited, as are other uses which would interfere with the continuation and viability of the central business character of the area.
B.
Permitted principal uses. The following principal uses shall be permitted:
(1)
Dwellings and apartments accessory to a commercial use.
(2)
Retail stores and service establishments.
(3)
Business and professional offices.
(4)
Eating and drinking establishments.
(5)
Theaters, pool halls and bowling alleys.
(6)
Funeral homes.
(7)
Bus stations.
(8)
Printing shops.
(9)
Florist shops.
(10)
Furniture stores and laundromats.
(11)
Hotels, motels, banks and parking lots.
(12)
Libraries, museums, historical monuments and markers, cultural facilities, municipal parks and playgrounds.
[Amended 6-18-2007 by L.L. No. 5-2007]
(14)
Uses of the same general character as those above, upon approval of the Zoning Board.
C.
Accessory uses. The following accessory uses shall be permitted:
(1)
Buildings or uses customarily incidental to permitted uses.
(3)
Parking or loading spaces for private and commercial vehicles.
(4)
Sidewalk tables, clothing racks or other types of displays, provided that a minimum sidewalk width of 10 feet remains, measured from the nearest obstruction, i.e., trees, parking meters, etc., to the proposed sidewalk table or display.
[Added 3-4-1991 by L.L. No. 1-1991]
§ 119-12 General Commercial District (GC).
[Amended 2-20-1996 by L.L. No. 1-1996]
A.
Intent. The purpose of this district is to encourage the development of areas for general commercial uses to serve local and regional markets and to provide for new commercial facilities, including shopping centers, with provision for accommodation of traffic and parking.
B.
Permitted principal uses. The following principal uses shall be permitted:
(1)
Retail stores, including those with incidental manufacturing or processing of goods for sale at retail only on the premises.
(2)
Retail sales and display rooms, not including yards, for the storage or display of new or used building material or for any scrap or salvage operation, storage or sales.
(3)
Theaters and amusement enterprises.
(4)
Business and professional offices and newspaper offices.
(5)
Printing shops, studios and laundromats.
(6)
Hotels and motels.
(7)
Automotive service, including sales, repairs, washing, service stations, garages and parking lots.
(8)
Department stores and parking lots.
(9)
Funeral homes.
(10)
Small animal hospitals.
(11)
Medical and dental clinics and nursing homes.
(12)
Banks, offices, restaurants and bars.
(13)
Day nurseries, libraries, museums and historical monuments and markers.[1]
[1]
Editor’s Note: Former Subsection B(14), listing lodging and rooming houses, which immediately followed this subsection, was repealed 6-15-2015 by L.L. No. 3-2015, which local law also renumbered former Subsection B(15) as Subsection B(14).
(14)
Uses of the same general character as those above, upon approval of the Zoning Board.
§ 119-13 Light Industrial District (I).
A.
Intent. The purpose of this district is to encourage the development of manufacturing and wholesale business establishments which are clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke or glare; operated entirely within enclosed structures and generating little industrial traffic. Research activities are encouraged.
B.
Permitted principal uses.
(1)
Permitted principal uses shall include any use of a light industrial nature which involves only the processing, assembly or packaging of previously prepared or refined materials when conducted within an enclosed building, provided that such use will not cause:
(2)
The following uses are indicative of the kinds of uses intended to be permitted:
(a)
Machinery manufacturing, such as carburetor and small machine parts, cash registers, sewing machines, typewriters and other office machines.
(b)
Fabrication of metal products, such as baby carriages, bicycles, metal foil, tin, aluminum, gold, metal furniture, musical instruments and sheet metal products.
(c)
Fabrication of paper products, such as bags, book bindings, boxes, packaging materials, office supplies and processing of pharmaceutical and cosmetic products.
(d)
Fabrication of wood products, such as boats, boxes, cabinets, toys, etc.
(e)
Food and associated industries, such as bakeries, bottling, food and cereal mixing, food packaging, ice cream manufacturing and research laboratories.
(f)
Office buildings, laundry and dry-cleaning establishments and warehousing and storage of goods and products, such as building materials and farm supplies.
(g)
Automotive service, including sales, repairs, washing, service stations, garages and parking lots.
(3)
The bulk storage of fuel for resale, except coal products, is specifically excluded from the intent of the above.
D.
Prohibited uses. The following uses shall be prohibited:
(1)
The manufacture of articles involving celluloid.
(2)
The manufacture of coke.
(3)
The storage or accumulation of garbage, dead animals, refuse, etc., except in such amounts as are normally accumulated for collection.
(4)
The storage of natural gas (except propane) in excess of 10,000 cubic feet or the storage of gasoline in an amount in excess of that necessary for a retail gasoline station.
(5)
The storage or manufacture of gunpowder or explosives.
(6)
Junkyards or the storage of scrap metal or other scrap, paper or rags.
(7)
The storage of processing of rawhides or skins.
§ 119-14 Mixed Use High Density District (MUHD).
[Added 11-17-2014 by L.L. No. 9-2014[1]]
A.
Intent. The purpose of this district is to provide for mixed and a variety of uses in a given area.
B.
Permitted uses. Single-family, two-family and multiple residences.
D.
Special permit uses. Adult uses, boarding/rooming houses, restaurants, bars, grills, retail stores, home occupations, and signs. Adult uses shall be given the meaning as defined in Local Law No. 5 of 2006,[2] as written, amended, supplemental, or revised. All adult uses shall conform to the provisions of Local Law No. 5 of 2006 as written, amended, supplemented, or revised.
§ 119-15 Floodplain Overlay Zone (F-P). [1]
[Amended 2-22-1983 by L.L. No. 1-1983]
A.
Applicability. This section shall apply to all areas of special flood hazard within the jurisdiction of the Village of Bath.
B.
Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Administration in a scientific and engineering report entitled the "Flood Insurance Study for the Village of Bath, County of Steuben, New York," dated September 16, 1982, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodways, dated March 16, 1983, and any revisions thereto is hereby adopted by reference and declared to be a part of this section. The Flood Insurance Study is on file in the office of the Village Clerk.
C.
Interpretation; conflict with other laws. In their interpretation and application, the provisions of this section shall be held to a be minimum requirements, adopted for the promotion of the public health, morals, safety or the general welfare. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.
D.
Validity. The invalidity of any subsection or provision of this section shall not invalidate any other subsection or provision thereof.
E.
Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $250 for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Village of Bath from taking such other lawful action as is necessary to prevent or remedy a violation.
F.
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Village of Bath, any officer or employee thereof or the Federal Emergency Management Administration for any flood damages that result from the reliance on this section or any administrative decision lawfully made thereunder.
G.
Establishment of development permit. A development permit shall be obtained before construction or development begins within any areas of special flood hazard established in Subsection B. Application for a development permit shall be made on forms furnished by the Zoning Officer and may include, but shall not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
H.
Designation of the Zoning Officer. The Zoning Officer is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.
I.
Duties and responsibilities of the Zoning Officer. Duties of the Zoning Officer shall include but not be limited to:
(1)
Permit review.
(a)
Review all development permits to determine that the permit requirements of this section have been satisfied.
(b)
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(2)
Use of other base flood data. When base flood elevation data has not been provided in accordance with Subsection B, Basis for establishing the areas of special flood hazard, the Zoning Officer shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer Subsection P(1), Residential construction, and P(2), Nonresidential construction.
(3)
Information to be obtained and maintained.
(a)
Obtain and record the actual elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures and whether or not the structure contains a basement.
(c)
Maintain for public inspection all records pertaining to the provisions of this section.
(4)
Alteration of watercourses.
(a)
Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Administration.
(b)
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(5)
Inspection of firm boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection J.
J.
Appeal board.
(1)
The Zoning Board of Appeals as established by the Village of Bath shall hear and decide appeals and requests for variances from the requirements of this section.
(2)
The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirements, decision or determination made by the Zoning Officer in the enforcement or administration of this section.
(3)
Those aggrieved by the decision of the Zoning Board of Appeals or any taxpayer may appeal such decision to the County Court as provided in the New York State Constitution, Article VI, § 11.
(4)
In passing upon such application, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other subsections of this section and:
(a)
The danger that materials may be swept onto other lands to the injury of others.
(b)
The danger of life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed facility and contents to flood damage and the effect of such damage on the individual owner.
(d)
The importance of the services provided by a proposed facility to the community.
(e)
The necessity to the facility of a waterfront location where applicable.
(f)
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(g)
The compatibility of the proposed use with existing and anticipated development.
(h)
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area.
(i)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(j)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effect of wave action, if applicable, expected at the site.
(k)
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.
K.
Conditions for variances.
(1)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(2)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection J(4) or conflict with existing local laws or ordinances.
L.
General standards for flood hazard reduction. In all areas of special flood hazard, the following standards are required:
(1)
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2)
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that:
[Amended 4-25-1988 by L.L. No. 1-1988]
(a)
Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, except that manufactured homes less than 50 feet long shall require one additional tie per side.
(b)
Frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side.
(c)
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(d)
Any additions to the manufactured home shall be similarly anchored.
M.
Construction materials and methods.
N.
Utilities.
(1)
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(2)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into the floodwaters.
(3)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
O.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with the need to minimize flood damage.
(2)
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(3)
All development proposals shall have adequate drainage provided to reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres, whichever is less.
P.
Specific standards for flood hazard reduction. In all areas of special flood hazard where base flood elevation data have been provided as set forth in Subsection B, Basis for establishing the areas of special flood hazard, or in Subsection I(2), Use of other base flood data, the following standards are required:
(1)
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation and shall be certified by a registered professional engineer or architect that such standard is satisfied. Such certifications shall be provided to the official as set forth in Subsection I.
(2)
Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:
(3)
Manufactured homes.
[Amended 4-25-1988 by L.L. No. 1-1988]
(b)
For new manufactured home parks and manufactured home subdivisions, existing manufactured home parks and manufactured home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced and for manufactured homes not placed in a manufactured home park or manufactured home subdivision, it shall be required that:
(c)
No manufactured home shall be placed in a floodway, except in an existing manufactured home park or an existing manufactured home subdivision.
Q.
Floodways. Located within areas of special flood hazard established in Subsection B are areas designated as floodways. Since the floodway is an extremely hazardous area due to velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
[Amended 4-25-1988 by L.L. No. 1-1988]
(1)
Encroachments, including fill, new construction, substantial improvements and other development are prohibited, unless a technical evaluation demonstrates that the encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2)
The placement of any manufactured homes is prohibited except in an existing manufactured home park or existing subdivision.
(3)
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.