Baxter Estates City Zoning Code
ARTICLE VII
Supplementary Regulations
§ 175-64 Nuisances.
No trade, industry, purpose or use shall be conducted in such a manner as to create corrosive or toxic fumes, gas, smoke or odors, obnoxious dust, vapor or wastes, offensive noise or vibration, which may be detrimental to the public health, safety and general welfare.
§ 175-65 Traffic hazards.
On any corner lot no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained so as to obscure the view and create a dangerous traffic hazard. For the purpose of this chapter a traffic hazard is deemed to be created by any fence, wall or other structure, or any hedge, tree, shrub or other growth, maintained within an area the radius of which extends a distance of five feet from the point of intersection of the two street lines.
§ 175-66 Courts.
Courts as provided in this chapter shall be governed by the provisions of the Multiple Dwelling Law.
§ 175-67 (Reserved) [1]
[1]
Editor's Note: Former § 175-67, Accessory buildings housing animals, was repealed 10-15-2007 by L.L. No. 5-2007.
§ 175-68 Required utilities and access.
[Added 11-10-1959]
A.
No building shall be erected, and no permit shall be issued for the erection of any building, unless it shall be provided with connections of sufficient size and capacity to existing electricity, gas, water and sewage lines (where a sewage connection is to be made) of sufficient size and capacity to accommodate and provide for all equipment, fixtures, and appliances to be used or installed in the building in accordance with its plans and specifications, the Building Code, and recognized practice.
B.
All dwellings, except those of noncombustible construction, shall be so constructed and situated that unobstructed routes or areas of sufficient size and bearing capacity are provided for direct and timely access to and egress from the outside of each individual dwelling unit for fire equipment and apparatus employed by the fire district, and no building permit shall be issued for any building not provided with such means of access and egress.
C.
An applicant for a building permit shall submit such factual data as will affirmatively establish compliance with Subsections A and B hereof, but the Superintendent of Buildings may waive the requirements of this section as to data respecting any one or more of the items set forth in Subsections A and B if he shall find from his own knowledge of existing lines or facilities that the same are adequate by reason of similarity in size and use of a proposed structure to adjacent existing structures; however, in no case shall a building permit be issued unless there shall appear in the application or in the papers annexed to and made a part of it, the size and location of necessary and proper connections as set forth in Subsection A.[1]
[Amended 3-7-2019 by L.L. No. 1-2019]
§ 175-69 Parking on paved surfaces only; parking on vacant lots.
[Amended 9-19-2005 by L.L. No. 1-2005]
A.
The parking of any vehicle in the front yard of any residentially zoned private property anywhere within the Village is permitted only on a paved driveway or other driveway surface acceptable to the Village Superintendent of Buildings for purposes of durability and elimination of dirt, dust and noise, or within a garage. Without limiting the foregoing, the parking of vehicles on grass, lawn or dirt surfaces in any front yard in any Residence A District of the Village, other than on a permitted driveway surface in any such yard or in a garage within any such yard, is expressly prohibited.
[Amended 3-7-2019 by L.L. No. 1-2019]
B.
Accessory parking of more than five automobiles or other motor vehicles on a vacant lot or lots may be permitted by the Board of Appeals for a limited duration of time and subject to such conditions and safeguards as the Board may deem proper. The use of such lot or lots shall not include any other use or any storage, servicing or dismantling of automobiles or other motor vehicles. Such a parking lot shall not be used for any commercial or other gainful purpose.
§ 175-70 Off-street parking for places of public assembly.
All theatres, arenas, auditorium, churches and other places of public gatherings hereafter erected shall provide off-street parking in the form of a surfaced area or garage of sufficient size to accommodate at least one car for every seven seats provided, and the location of such parking space or garage shall not be more than 500 feet distant from the place of public assembly which it shall serve.
§ 175-71 Institutions under Mental Hygiene Law.
An institution required to be licensed under the Mental Hygiene Law of the State of New York is hereby prohibited in all use districts.
§ 175-72 Public garages, motor vehicle repair shops and service stations.
A.
No public garage, motor vehicle repair shop or gasoline service station shall be erected, altered or used within 200 feet of any premises used for a public school, public library, church, hospital or orphanage.
B.
No public garage, motor vehicle repair shop or gasoline service station shall be located within 40 feet of any residence district and the vehicular entrance door thereto shall set back a distance of at least 18 feet from the street line, and an open, unoccupied space shall be maintained between said door and the street line.
§ 175-73 Street frontage of business and industrial buildings.
Business or industrial buildings shall front only on business or industrial streets or on an approved parking district. No part of such buildings shall have a business frontage on side streets except for display purposes and a second means of exit as required by the Labor Law of the State of New York.
§ 175-74 (Reserved) [1]
[1]
Editor's Note: Former § 175-74, Junkyards, was repealed 10-15-2007 by L.L. No. 5-2007.
§ 175-75 Nonconforming uses.
A.
Except as otherwise provided in Article III, § 175-36, the lawful use of a building or premises existing at the effective date of this chapter, or authorized by a building or other permit issued prior thereto, may be continued although such use does not conform with the provisions of this chapter, and such use may be extended throughout the building or premises lawfully acquired previous to said date.
B.
A nonconforming use of a building or premises may be changed to a use of the same or higher classification according to the provisions of this chapter.
C.
Whenever a district shall hereafter be changed, any then-existing nonconforming use of a building or premises in such changed district may be continued or changed to a use of a similar or higher classification, provided there is compliance with all other regulations governing the new use.
D.
Whenever a nonconforming use of a building or premises has been abandoned or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a use of a lower classification.
E.
Discontinuance of any nonconforming use for a period of one year or more terminates such nonconforming use of a structure or premises, and thereafter the structure or premises shall not be used except in conformity with the provisions of this chapter.
§ 175-76 Buildings damaged by fire.
No building which has been damaged by fire or other causes to the extent of more than 50% of assessed value, exclusive of foundations, shall be repaired, rebuilt or used except in conformity with the provisions of this chapter.
§ 175-77 Extension of nonconforming buildings.
[Amended 11-7-2019 by L.L. No. 4-2019]
No nonconforming building shall be extended or altered except in conformity with the provisions of this chapter, or in a manner that reduces the nonconformity.
§ 175-78 Location of residence buildings.
§ 175-79 Completion of buildings.
Nothing herein contained shall require any change in the plans, construction or designated use of a building, the construction of which shall have begun at the time this chapter becomes effective, and which entire building shall have been completed within one year from the date of the adoption of this chapter.
§ 175-80 Temporary storage.
[Amended 9-19-2005 by L.L. No. 1-2005]
Any person may apply to the Board of Appeals, pursuant to Article IX, § 175-86, for a permit for the temporary storage of materials such as combustible materials, junk, metal, bricks, stone, concrete, concrete blocks, pavement, plaster, lumber, or any other kind of building material, automobiles, automobile bodies, automobile chassis, or parts or portions thereof, tanks, barrels, containers, machines, machinery, engines, utensils or appliances, any of which, or any parts whereof, are entirely or in part made of metal, or any other abandoned article.
§ 175-81 Required yards for waterfront lots.
[Added 6-10-1980 by L.L. No. 2-1980]
Any lot which abuts the waters of Manhasset Bay shall have a yard extending across the full width of such lot with an interior boundary line which is parallel to the mean high water line of Manhasset Bay and 30 feet therefrom measured along a line which is perpendicular to said mean high water line. If a bulkhead or sea wall has been constructed on such lot and exists on the effective date of this section, said 30 feet shall be measured from the seaward face of said bulkhead or sea wall rather than from said mean high water line. No building or structure shall be constructed which is all or partially located within said yard. The parking of motor vehicles shall not be permitted within said yard.