Bath City Zoning Code
ARTICLE IV
Supplemental Regulations
§ 119-16 Intent.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
§ 119-17 Prohibited uses; restrictions.
A.
Any use of any building or premises in such a manner that the health, safety or welfare of the community may be endangered is prohibited.
B.
In any district, the following standards for activities shall apply:
(1)
No offensive or objectionable noise, vibration, odor or glare shall be noticeable at or beyond the property line.
(2)
No activity shall create a physical hazard by reason of fire, explosion, radiation or other such cause to persons or property in the same or adjacent districts.
(3)
There shall be no storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin or endangers health in any way.
(4)
The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals, plant life or to other forms of property shall be prohibited.
(5)
Any use or activity which violates any state or federal pollution control law or regulation shall be prohibited.
C.
[1]Cannabis businesses.
[Added 12-18-2023 by L.L. No. 5-2023]
(1)
State licensure required. No cannabis business shall operate in the Village of Bath absent appropriate state licensures.
(2)
No cannabis business shall operate in the Village of Bath in any district unless a special permit has been issued for it to operate in either:
(a)
An Adult Entertainment District; or
(b)
Any parcel of one acre or more that i) has at least 150 feet of street frontage on the north side of West Morris Street in one contiguous area; ii) is located between Crane Street on the west and Pine Street on the east; and iii) is also either within the General Commercial District or in another district within that geographical location that has historically been a retail location.
[1]
Editor's Note: Former Subsection C, Cannabis businesses, added 8-21-2023 by L.L. No. 3-2023, was repealed 12-18-2023 by L.L. No. 4-2023.
§ 119-18 Visibility at intersections.
On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of intersection.
§ 119-19 Through lots.
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
§ 119-20 Corner lots.
Whenever a side or rear yard is adjacent to a street, the standards for front yards shall apply.
§ 119-21 Projections into required yards.
§ 119-22 Exceptions to height requirements.
Height regulations shall not apply to flagpoles, radio or television antennas, spires, cupolas, water tanks, chimneys, elevator or stair bulkheads or similar appurtenances not intended for human occupancy nor to silos or agricultural buildings where permitted.
§ 119-23 Number of principal structures on lot.
In any district, more than one structure housing a permitted principal use may be erected on a single lot, provided that lot area, yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.
§ 119-24 Sewage disposal. [1]
No person shall undertake to construct any new building or structure in the Village of Bath without first meeting the requirements for a system or facilities for the separate disposal of waterborne sewage and domestic or trade wastes in accordance with applicable regulations of the Village, the State Department of Health and other governmental authorities.
§ 119-25 Home occupations.
A.
Where home occupations are permitted by this chapter, the following conditions shall be mandatory:
(1)
A home occupation shall be an accessory use of a service character that is carried on wholly within a dwelling unit or a building or other structure accessory to a dwelling unit.
(2)
A home occupation shall be carried on only by a member of the family residing in the dwelling unit.
(3)
A home occupation shall be clearly incidental and secondary to the residential use of the dwelling unit.
(4)
Home occupations do not include professional offices as defined herein.
B.
It shall also conform to the following additional conditions:
(1)
No such occupation shall involve sales of goods or merchandise except as incidental to services provided.
(2)
There shall be no exterior display, no exterior sign (except one sign not exceeding two square feet in area), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
(3)
No equipment or process shall be used which creates visual or audible interferences in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
(4)
No traffic shall be generated by such home occupations in substantially greater volume than is normal in the neighborhood, and any need for parking generated by such occupation shall be provided off the street and shall not encroach on any required yard.
(5)
No such occupation shall involve the hiring of employees.
§ 119-26 Fences, walls and hedges.
[Amended 11-21-2016 by L.L. No. 8-2016]
A.
In any district, fences, walls and hedges are permitted with a zoning permit only as follows:
(1)
In any required front yard, no fence, wall or hedge shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision across such yard between a height of 2 1/2 feet and 10 feet, nor in any manner that materially shuts out air, light or sun between such heights.
(2)
In side or rear yards, fences, walls or hedges which materially obscure vision or shut out light, sun or air may not be over six feet in height.
(3)
These restrictions shall not apply to retaining walls.
(4)
Fences, walls and hedges existing at the date of enactment of this chapter will be required to be brought into full compliance with this chapter within one year from the effective date thereof.
B.
Construction materials and maintenance specifications shall be as follows:
(1)
Fences shall be constructed of wood or PVC permanent fencing material.
(2)
Chain link fencing material may be used with the finished side at the top of the fence.
(3)
Masonry or stone wall or fencing material may be used.
(4)
Materials such as barbwire, sheet metal, razor wire, page wire, poultry fence, pallets, livestock or cattle fence are prohibited.
(5)
Posts shall be placed close enough apart and deep enough in the ground so that a sturdy permanent fence results.
(6)
No temporary fences are allowed.
(7)
Fences and walls shall be maintained in a well-kept fashion.
C.
A building permit is required for fences and walls in all use districts.
§ 119-27 Parking of commercial vehicles.
[Amended 3-4-1991 by L.L. No. 1-1991]
No large commercial vehicle shall be parked or stored out of doors in any residential zone. One small commercial vehicle may be parked or stored out of doors in a residential zone.
§ 119-28 Parking and storage of major recreational equipment.
[Amended 11-16-1992 by L.L. No. 1-1992]
A.
No major recreational equipment may be parked or stored on any lot in a residential district except as provided herein.
B.
Parking.
(1)
Parking or storing of one motor home or one travel trailer and one utility trailer designed for carrying a boat or up to two snowmobiles or up to two motorcycles shall be permitted, provided that:
(a)
Such equipment is parked behind the structure located on the lot;
(b)
If there is no access to the area behind the structure, then such equipment may be parked to the side of the structure so long as no part of the equipment is closer than 12 feet to any part of a dwelling located on an adjoining lot; or
(c)
If, because of the size, shape or character of the lot and/or structure it is not possible to comply with the provision of Subsection B(1)(a) or (b) above, then such equipment may be parked in front of the structure so long as no part of the equipment is within 12 feet of a public roadway or a public sidewalk that runs parallel to a roadway.
(2)
Nothing in this section shall prohibit parking or storing of equipment within a closed garage, shed or barn and which otherwise complies with all state, federal and local laws.
C.
Except as necessary to prepare a piece of major recreational equipment for imminent use:
(1)
Such equipment shall not be connected to sewer, water, electric or telephone services.
(2)
The use of propane, butane, liquefied petroleum gas or other such fuels in such equipment is prohibited.
(3)
Cooking within such equipment shall not be permitted.
(4)
The use of such equipment as a dwelling is not permitted.
(5)
Aside from those items considered to be a part of major recreational equipment, storage of goods, materials and other paraphernalia within the equipment is not permitted.
(6)
Stored or parked recreational equipment must be kept and maintained in good operating condition.
§ 119-29 Demolition and filling operations.
[Added 3-4-1991 by L.L. No. 1-1991[1]]
A.
A zoning permit is required for the demolition of any permanent structure. Any resulting open basement or other hole shall be filled within three days following demolition. Any open hole shall be fenced and/or barricaded, as necessary, between the time of demolition or excavation and filling. All filling operations shall be in accordance with Subsection B of this section.
B.
A zoning permit is required to fill any existing or created hole, excavation, basement or cellar (such as following demolition of a structure) etc., except when the filling is part of a permitted demolition in accordance with Subsection A of this section. Fill material shall include only gravel, soil or appropriate combinations of these materials. No stumps, construction debris or other objects shall be included. Areas of fill not to be used for immediate construction purposes shall be graded and seeded to produce a permanent vegetative cover.
[1]
Editor's Note: This local law also repealed former § 119-28, Swimming pools.
§ 119-30 Essential services.
The following shall apply to essential services:
A.
Such essential service facilities shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.
B.
The location, design and operation of such facilities shall be such as to not adversely affect the character of the surrounding residential area.
C.
Fences, barriers and landscaping shall be provided as required by the Planning Board.
D.
Noise from such installation shall not be of such nature or volume as to be objectionable to adjoining residences.
§ 119-31 Gasoline filling stations.
In any district where permitted, a gasoline filling station shall be subject to the following regulations:
A.
The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area.
B.
No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the outside edge of the fuel island.
C.
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or any other public gathering place, park, playground or fire station, unless a street 50 feet or more wide lies between such service station and such building or use.
D.
All repair work and storage shall be within a completely enclosed building. Such repair work shall not include any body repair work or spray painting or mechanical equipment car wash.
E.
Accessory goods for sale may be displayed on the pump island and the building island only.
F.
Where a service station abuts a residential zone, it shall be screened by buffers of evergreen hedge or solid fencing, or a combination of both. Failure to maintain such a screen in good condition shall constitute a violation of this chapter.
§ 119-32 Off-street parking and loading.
A.
General requirement. No building or structure shall be erected or enlarged or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this article.
B.
Enlargements.
(1)
Whenever a building or structure existing at the effective date of this chapter is changed or enlarged by more than 50% in floor area, number of employees, number of housing units, seating capacity or otherwise, parking shall be provided in compliance with the full requirements for the entire building.
(2)
For changes or enlargements of less than 50%, additional parking shall be required on the basis of the enlargement only as follows:
Type of Parking | Dimension (feet) | Aisle (feet) | |
|---|---|---|---|
90° | 9 X 19 | 25 | |
60° | 10 X 19 | 20 | |
45° | 12 X 19 | 15 | |
Parallel | 9 X 23 | 15 |
C.
Location of parking spaces.
(1)
Parking spaces, other than driveways for all residential uses, shall be located on a buildable portion of the same lot as the use which they are intended to serve and shall not encroach upon any required yards.
(2)
Parking spaces for commercial uses shall be located not more than 700 feet from the principal use.
D.
Municipal lots. Spaces in municipal parking lots, where provided, may be credited toward parking requirements of new commercial uses, provided that:
(1)
Municipal spaces are within 400 feet of the use to be served.
(2)
The parking needs of existing facilities within 400 feet and computed on the same basis as the new facility are satisfied first and that only excess capacity is used for the new facility.
(3)
A special permit for such use is obtained from the Zoning Board of Appeals.
E.
Combined uses. Combined use of one parking lot by two or more adjoining uses is permitted, provided that the lot is adequate for the total requirements for the several uses, unless staggered hours permit modification of total requirements, and provided further that a written agreement covering such joint use shall be filed with and approved by the Zoning Board of Appeals, provided further that the lot or spaces so used shall be owned or leased by one or more of the joint users.
F.
Location of required spaces. In business districts or industrial districts, for nonresidential uses such spaces shall be provided on the same lot or not more than 400 feet therefrom. No open or enclosed parking area shall encroach on any required front yard or required open areas. Adequate access drives shall be provided from an adjoining public street.
G.
Required spaces.
(1)
Parking spaces shall be provided in accordance with the following schedule:
Use | Number of Spaces Required | |
|---|---|---|
Residential: | ||
Family dwellings of any type | 2 for each dwelling unit; garage space may be counted toward requirement | |
Apartment hotels and apartments | 1 1/2 for each unit | |
Lodging houses and rooming houses | 1 for each sleeping room or 1 for each permanent occupant | |
Elderly housing units only; other uses comply with separate requirements | 1 for each 3 dwelling units | |
Commercial: | ||
Gasoline stations and automobile service stations which also provide repair | 1 for each fuel pump and 2 for each service bay | |
Hotels and motels | 1 for each living or sleeping unit, plus 1 for each 2 employees | |
Funeral parlors, mortuaries and similar uses | 1 for each 100 square feet of floor area in reposing rooms, parlors or service rooms | |
Retail stores, banks and professional offices, other than medical | 1 for each 250 square feet of floor area | |
Doctor and dental offices | 1 for each 100 square feet of floor area, plus 1 for each practitioner | |
Restaurants, taverns and nightclubs | 1 for each 2.5 seats, plus 1 for each 2 employees | |
Drive-in banks | 3 for each service window, plus 1 for each full-time employee | |
All other types of business or commercial uses | 5 1/2 for each 1,000 square feet of gross floor area | |
Recreational or entertainment: | ||
Bowling alleys | 5 for each alley, plus 1 additional for each 100 square feet of the area used for restaurant, cocktail lounge or similar use | |
Outdoor swimming pools, public or club | 1 for each 5 persons' capacity | |
Auditoriums, sport arenas, theaters, membership clubs and similar uses | 1 for each 3 seats of seating capacity | |
Golf courses | 4 for each tee | |
Skating rinks | 1 for each 250 square feet of skating area | |
Institutional: | ||
Churches and places of religious assembly | 1 for each 5 persons' capacity | |
Hospitals, sanatoriums, nursing homes, childrens' homes and similar uses | 1 for each 3 beds, plus 1 for each employee | |
Medical and dental clinics | 10, plus 6 for each additional practitioner | |
Libraries, museums and art galleries | 1 for each 400 square feet of floor area | |
Industrial: | ||
All types of manufacturing, storage and wholesale establishments | 1 for every 2 employees on the largest shift for which the building is designed, plus 1 for each motor vehicle used in the business |
H.
Loading spaces.
(1)
One off-street loading space shall be provided and maintained on the same lot for every establishment requiring more than one track delivery per day.
(2)
A loading space shall have a minimum dimension of not less than 12 feet in width and 50 feet in length, exclusive of driveways, aisles and other circulation areas. Height clearance shall not be less than 15 feet. Off-street loading areas shall not encroach on any required front or side yards, accessway or off-street parking area, except that in business districts existing off-street parking areas may be used for loading spaces for not more than three hours per day.
(3)
Loading areas and circulation and service lanes shall be separated from the paving edge of any public thoroughfare and from adjoining property lines by a planting strip at least 20 feet in width.
(4)
The location, number, size and design of loading spaces and accessways thereto shall be approved by the Planning Board prior to the issuance of a zoning permit or certificate of compliance by the Zoning Officer.
I.
Surfacing and drainage.
(1)
The required parking and loading spaces shall be improved with an acceptable wearing surface providing a dust-free surface. Proper drainage shall be provided to prevent increased runoff to adjacent properties and the ponding of water. In lots having the potential for significant drainage to off-site areas, and in any lot having 20 or more parking and/or loading spaces, a drainage plan shall be provided and certified by a licensed professional engineer, which will maintain drainage from the lot during a twenty-five-year storm event.
[Amended 3-4-1991 by L.L. No. 1-1991]
(2)
The property owner shall maintain parking and loading areas in good condition and free of holes, dust, trash and debris.
J.
Landscaping.
(1)
At least 8% of the area of the lot used for off-street parking shall be devoted to landscaping with lawn and trees, shrubs or other plant material. All loading berths and parking areas of three or more spaces that abut a residential lot line and any parking lot for more than 20 cars shall be screened by a fence six feet high or a compact evergreen hedge or a landscaped strip of trees and shrubs at least 10 feet wide, so designed as to form a visual screen from the adjoining property.
[Amended 3-4-1991 by L.L. No. 1-1991]
(2)
All parking areas and landscaping shall be properly maintained thereafter in a sightly and well-kept condition.
§ 119-33 Highway access.
A.
Every building hereafter erected or moved shall be on a lot with frontage on a public street or highway and be so located on lots as to provide safe, convenient access for servicing, fire protection and off-highway parking. Curb cuts and driveways will be carefully located and kept to a minimum in all cases. Parallel access roads or internal development roads will be required where appropriate to achieve this purpose.
B.
Vehicular access to and from streets and highways shall consist of well-defined, separate or common entrances and shall comply with the applicable regulations of the New York State Department of Transportation or the Village of Bath, whichever applies, and the following provisions, whichever is the more restrictive:
(1)
Access drives shall not open upon any public right-of-way:
(a)
Within 50 feet of the nearest right-of-way line of any intersecting public street or highway.
(b)
Where the sight distance in either direction along the public thoroughfare would be less than 500 feet when the posted speed limit exceeds 35 miles per hour. However, when the posted speed limit is 35 miles per hour or less, the sight distance requirement may be reduced to 250 feet.
(2)
The following provisions shall not apply to access drives serving single- or two-family dwellings, but shall apply in the case of all other uses:
(a)
Separate entrance and exit drives shall have a minimum width of 12 feet and a maximum width of 24 feet measured at right angles to the driveway center line, shall be separated by at least a ten-foot traffic island and shall not intersect the public right-of-way at an acute angle of less than 60°.
(b)
Combined exit-entrance drives and common drives serving more than one establishment shall have a minimum width of 24 feet and a maximum width of 30 feet measured at right angles to the driveway center line and shall intersect the public right-of-way at an angle of not less than 60°.
(c)
The entrance and exit drives shall be paved a minimum distance of 20 feet from the edge of the street pavement. Said pavement shall be in accordance with the Village Street Department paving standards. Said pavement shall be asphaltic concrete or portland cement concrete.
(3)
In no case shall a driveway be installed so as to block, impede or restrict the flow of surface water along the edge of the street. If such condition is created, the Street Department is hereby directed and authorized to take whatever action is necessary to correct said situation.
C.
In cases where the size of an existing lot of record at the effective date of this chapter is such that the strict application of these requirements would prohibit highway access to the property, a plan for access, which shall provide the greatest traffic safety possible under the circumstances, shall be submitted to and approved by the Planning Board prior to the issuance of a permit.
§ 119-34 Solar collector systems and solar access.
Solar collector systems are permitted in any district. In reviewing proposals for new construction, the Building Inspector shall bring applications relating to solar systems to the attention of the Planning Board. The Planning Board shall take into consideration, to the extent possible, the effect the proposed construction, reconstruction, alteration, etc., will have on the solar access of surrounding properties. Where new construction involves more than one structure, the Planning Board must give consideration to the solar access of each new structure prior to the permit application approval.
§ 119-35 Signs.
A.
All signs require a zoning permit except where specifically exempted by these regulations.
B.
Prohibited devices. Except as provided for time-and-temperature signs in Subsection D(1)(b) of this section, signs, any portions of which contain any of the following, are expressly prohibited in all districts:
(1)
Any sign which is an imitation of or which in any way resembles official traffic devices or which uses the words "stop," "danger" or "slow" predominantly or in any manner which implies the need of stopping or the existence of danger to motorists.
(2)
Any sign which obstructs from view of the motorists any official traffic control device or which reduces the clear view of oncoming vehicles to a distance of less than 500 feet.
(3)
Any sign which produces glare to an extent or in a direction which may affect highway safety.
(4)
Any sign containing flashing, pulsating, intermittent, rotating or moving lights or simulation thereof.
(5)
Any sign containing or consisting of banners, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices.
(6)
Signs affixed to or painted upon rocks, trees, utility poles or other such structures not intended for such use.
(7)
Off-premises signs except for approved community poles.
C.
Signs permitted in all districts.
(1)
The following signs shall be permitted in any district without a permit:
(a)
Signs advertising the sale, lease or rental of the premises upon which the sign is located; said sign shall not exceed nine square feet in area.
(b)
Professional name plates and rooming house signs not exceeding two square feet in area.
(c)
Signs denoting the name and address of the occupants, not exceeding two square feet in area.
(d)
Signs or bulletin boards customarily incidental to libraries, museums, clubs or societies, which signs or bulletin boards do not exceed 12 square feet in area and are located on the premises of such institution.
(e)
Signs or bulletin boards customarily incidental to places of worship, which signs or bulletin boards do not exceed 24 square feet in area and are located on the premises of such institution.
(2)
The following signs are permitted in any district, but require a zoning permit:
(a)
Any sign advertising real estate developments or subdivisions, which sign shall not exceed 12 square feet in area and shall advertise only the names of the owners, trade names and products sold, and provided that not more than two signs shall be allowed for each development.
D.
Commercial and industrial districts.
(1)
The following signs are permitted in commercial and industrial districts:
(2)
No sign or billboard shall be larger than 100 square feet and shall not project more than 30 feet above the average ground level at the base of the sign.
(3)
In no event shall the aggregate area of the signs on a building exceed the maximum square footage allowed pursuant to this section.
(4)
Signs permitted in the Central Business District shall have a total face area of not more than one square foot per linear foot of width for each foot of principal footage of the building but shall not exceed a total area of 20 square feet. However, the total square footage of nonprojecting signs on buildings wider than 20 feet shall be permitted at the rate of one square foot per linear foot of building width. Such signs shall not be wider than 2/3 of the linear footage of the building width in any case. Such signs shall not project more than five feet beyond the principal building on the lot, provided further that such sign shall not extend more than 20 feet above ground level or exceed the part of the building housing the business or service advertised, whichever is less restrictive.
(5)
One off-premises sign of uniform size for each business is permissible where such sign is located on an approved community pole. In addition, such community poles may contain one directional mast indicating the direction and name of the area to be served by such sign. Such community pole and each separate addition thereto shall be approved by special permit and only where physical circumstances are such that an off-premises directional sign is deemed the only practical means of providing sign exposure to a physically isolated area.
E.
General regulations. The provisions of this subsection shall apply to all signs in all districts established by this chapter.
(1)
Number of signs. Each business may have one sign oriented to each street on which the premises has frontage, identifying the building as a whole or its predominant use.
(2)
Projecting signs. No sign shall overhang the right-of-way of a public highway. No sign except on a canopy providing shelter shall overhang more than 1/3 of the sidewalk.
(3)
Illumination. Signs shall be illuminated only by a steady, stationary, shielded light source directed solely at the sign or internal to it without causing glare for motorists, pedestrians or neighboring premises. Illuminated signs shall not produce more than one footcandle of illumination four feet from the sign.
(4)
Roof signs. No sign shall be placed on the roof of any building or extend more than four feet above the building, except that this shall not apply to painting a sign on the roof of a building and except that four-story buildings may have one roof sign not exceeding 200 square feet and not projecting more than eight feet above the building.
(5)
Obsolete signs.
(a)
It shall be a violation to maintain for more than 30 days any sign which has become obsolete because of discontinuance of the business, service or activity which it advertises.
(b)
Such obsolete signs shall be removed by the owner, agent or person having beneficial use of the building or structure upon which such sign may be found within 10 days after written notice by the Zoning Officer.
(c)
Upon failure to comply with such notice within the time specified in such order, the Zoning Officer is authorized to cause removal of such sign, and any expense incidental thereto shall be paid by the owner of the building or structure to which the sign is attached.
F.
Temporary signs. The following are allowed without a permit:
(1)
Construction signs. Construction signs are permitted for a period of one year; one unlighted sign up to 20 square feet identifying persons or firms involved in construction on the site of the sign; also, one illuminated sign up to 40 square feet identifying the owner and activity for which the building is intended.
(2)
Event signs. Nonilluminated signs, which must not exceed 16 square feet in area each face, announcing a campaign, drive or event, shall be permitted in all districts. Event signs are temporary, nonpermanent posters and signs covering such things as political events, fairs, sporting events and shows. Said signs shall not exceed a height of four feet above adjoining grade and shall not be located within any Village, state or other public right-of-way. They may be erected up to four weeks prior to the event and shall be removed within one week after the event.
[Amended 11-16-1992 by L.L. No. 2-1992]
G.
Nonconforming signs. Any sign which becomes nonconforming upon the date of enactment of this chapter shall be removed or altered so as to conform within three years after such date of enactment.
§ 119-36 Residential cluster developments.
A.
In accordance with § 7-738 of Article 7 of the Village Law, the Planning Board is authorized to permit the following modifications in the case of residential cluster developments in any residential district. The purpose of such modifications shall be to allow and encourage flexibility of design and developments in a manner to promote the most appropriate use of land, to facilitate economical provision of streets and utilities and to preserve open space.
B.
Conditions.
(1)
This procedure shall be applicable only to lands zoned for residential purposes for which the owner shall file a written application.
(2)
Density. The permitted number of dwellings shall in no case exceed the number of units which could be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements specified in the density schedule of this chapter.
(3)
Dwelling types. The dwelling types permitted may be detached, semidetached, attached and multistory structures as permitted in the district in which the development is located.
(4)
Open space. In the event that this procedure results in lands available for open space or recreation uses, such lands shall either be deeded to the municipality or held in corporate ownership by the owners of the lots within the development, and the deeds of all property within the development shall carry a clause giving the lot owners an interest in such open land which shall be used for recreational and open space uses only. Agreements shall be made to provide for the continuing maintenance of such open space and recreation areas. (A planned unit development section is available for enactment by amendment if and when it should be needed.)
(5)
Site plan review. The proposed site plan, including areas within which structures may be located, the height and spacing of buildings, open spaces, landscaping, parking areas, streets and other physical features as shown or otherwise described in the accompanying statement, shall be subject to review and public hearing by the Planning Board. The Planning Board is hereby authorized to approve, modify and approve or disapprove the site plan.
§ 119-37 Planned unit developments.
A planned unit development section is available from the Village Planning Board for inclusion by amendment if and when needed.