Boonville Village City Zoning Code
ARTICLE V
General Regulations
§ 380-21 Home businesses.
Home businesses shall comply with the following:
A.
The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
B.
There shall be no more than three employees per residence.
C.
There shall be no exterior display, nor any more than one exterior sign of not more than eight square feet, no exterior unscreened storage of materials or waste products, and no other exterior indication of variation from the residential character of the principal building.
D.
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
E.
No more than two customer vehicles shall be at the premises at a single time.
§ 380-22 Accessory apartments.
A.
No more than one accessory apartment shall be allowed for each dwelling unit.
B.
Each accessory apartment shall be a maximum of 35% of the total floor area of the principal dwelling unit.
C.
If separate entrance to the accessory apartment is provided, such separate entrance shall be to the side or rear of the building.
§ 380-23 Line of sight for traffic safety.
A.
No accessory structure, fence, wall, or hedge shall be erected in such a manner as to confuse or obstruct the views of any traffic sign, signal, or device, or obstruct the visibility of vehicles entering or exiting highways.
B.
On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet and 10 feet above the street center-line grades of two intersecting streets, in the area bounded by the street lines of such corner lot and a line joining points along said street lines 20 feet from the point of the intersection.
§ 380-24 Accessory uses and structures.
A.
Accessory uses and structures shall be allowed on the premises of any principal use in any zoning district.
B.
The establishment or change of an accessory use or structure which is incidental to a use requiring a site plan review pursuant to Article IV of this chapter shall likewise require a site plan review.
C.
The establishment or change of an accessory use or structure which is incidental to a use requiring a special use permit pursuant to Article IV of this chapter shall likewise require a special use permit.
D.
When an accessory building is attached to a principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
E.
Detached accessory buildings and all other structures shall comply with the following:
(1)
Building distance from other buildings: 10 feet minimum.
(2)
Front yard: same as principal use.
(3)
Side yard: 10 feet minimum.
(4)
Rear yard: 10 feet minimum.
§ 380-25 Parking requirements.
A.
All uses shall be provided with off-street parking for all vehicles during typical peak use periods, except for uses in the C-1 Zone.
B.
All uses with nonconforming parking situations shall comply with the parking requirements of this article, to the extent possible, if one or more of the following conditions occurs:
(1)
The use changes.
(2)
The use expands its gross floor area.
(3)
The use is destroyed and seeks to be reestablished.
(4)
The use is abandoned for a period of one year or longer and seeks to be reestablished.
C.
A parking space shall be not less than nine feet by 20 feet, exclusive of accessways and driveways.
D.
Off-street parking may be located off site but must be within 500 feet of the site.
E.
No nonresidential or multifamily dwelling parking area shall be located within 10 feet of a side lot line.
F.
To the greatest extent possible, all parking areas for nonresidential and multifamily dwelling uses shall be located to the side or rear of buildings and out of roadside view. Where parking areas must be located in side or in front yards adjacent to public streets, and where parking areas must be located adjacent to residential areas, appropriate buffering, landscaping or visual barriers shall be provided. Side yard parking areas in the C-1 Zone shall be screened from view along the front building line.
G.
Landscaping shall be provided around parking areas which shall be designed to break up the visual impact of such areas. Plantings shall be designed to provide adequate site distances to vehicles entering and exiting the site. When large areas are to be paved, parking rows shall be designed with the landscaping interspaced within the paved area.
H.
All parking areas for nonresidential and multifamily dwelling uses shall be designed to allow vehicles to exit front first onto streets.
I.
One parking area may contain required spaces for more than one use. The required spaces assigned to one use may not be credited to another use, except where the uses operate at different times. The applicant shall provide written evidence that the owner has granted permission for such shared parking.
J.
All parking areas shall be surfaced with dust-inhibiting materials acceptable to the Planning Board.
K.
Minimum parking spaces for each use shall be required as indicated on Schedule A of this chapter.[1]
[1]
Editor's Note: Schedule A, Parking Space Requirements, is included as an attachment to this chapter.
§ 380-26 Off-street loading facilities.
Off-street loading facilities shall be provided for each commercial or industrial establishment hereafter erected or substantially altered and shall be so arranged as not to interfere with pedestrians or motor traffic on the public street or highway. Off-street loading facilities shall be to the rear of structures where practicable, and shall otherwise be to the side of structures. All facilities shall be appropriately screened as required of parking areas.
§ 380-27 Signage.
[Added 8-9-2004 by L.L. No. 1-2004]
A.
General sign requirements:
(1)
Signs shall be erected and constructed in a manner that does not obstruct traffic movement or visibility.
(2)
All signs shall be kept in good repair. Painted surfaces shall be kept neatly painted and free from all hazards. Signs shall be maintained at all times in such safe condition so as not to be detrimental to the public health or safety.
(3)
No permanent signs shall be placed, painted, or drawn on trees, rocks, or other natural features, or on utility poles, bridges, culverts, or other road or utility structures.
(4)
This section is not intended to prohibit the erection of functional window or building awnings. Awnings must be constructed of a suitable shielding material with an appropriate supporting structure having a minimum of six feet six inches of clearance above the sidewalk.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Exempt permanent signs. The following types of signs may be erected and maintained without permits or fees, provided that such signs comply with all other requirements of this chapter:
(1)
Signs not exceeding two square feet in area and bearing only property numbers, postal route box numbers, or names of occupants of premises.
(2)
Flags and insignia of any government, except when displayed in connection with commercial promotion.
(3)
Public information signs. Signs providing noncommercial information to the public, including community service information signs, public utility information signs, safety signs, danger signs, "no trespassing" signs, signs indicating scenic or historic points of interest, traffic control signs, and all signs erected by a public officer in the performance of a public duty.
(4)
One sign or bulletin board per street front, not exceeding 64 square feet in area per side, setting forth the name of any public, noncommercial, charitable, or religious institution when located on the premises of such institution.
(5)
Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.
(6)
Occupational signs denoting only the name and profession of an occupant in a commercial building, public institutional building or dwelling house and not exceeding two square feet in area.
(7)
Subdivision or multiple-dwelling project name signs. One nonilluminated sign not to exceed 32 square feet in area per exclusive entrance to a subdivision or multiple-dwelling project, such signs restricted to the subdivision or project name.
(8)
Commercial signs not exceeding 128 square feet in area attached directly to the building structure engaged in the advertised business enterprise with the face of the sign running parallel to and orientated within the building's mounting surface.
C.
Exempt temporary signs. The following types of signs may be erected and maintained without permits or fees, provides that such signs comply with all other requirements of this chapter.
(1)
Temporary nonilluminated "for sale" or "for rent" real estate signs and signs of similar nature, concerning the premises upon which the sign is located.
(a)
Residential uses, one sign per lot, not exceeding six square feet per side;
(b)
Commercial or industrial uses, one sign per lot, not exceeding 16 square feet, set back at least 15 feet from all property lines. All such signs shall be removed within three days after the closing of the sale, lease, or rental of the premises.
(2)
On-premises signs for garage sales and auctions, not exceeding four square feet for a period not exceeding seven days.
(3)
Special event signs, portable or otherwise, advertising special events for nonprofit organizations, such as firemen's field days, church bazaars, bake sales, etc. Such signs shall not be displayed for more than 30 days.
(4)
Political posters, banners, promotional devices, and similar signs, not exceeding four square feet on residential uses or 16 square feet on nonresidential uses. All such sign shall be removed within seven days after election.
(5)
One sign, not exceeding six square feet on residential uses or 16 square feet on nonresidential uses, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation, or repair is in progress.
D.
Regulated signs. The following types of signs are regulated by this subsection and shall require a site plan review by the Planning Board prior to the issuance of a zoning permit for their erection and future maintenance from the Code Enforcement Officer.
(1)
Freestanding signs shall not exceed 128 square feet in area and shall not exceed 20 feet in height, with a minimum setback from the street line of 20 feet and a sideline minimum of 10 feet. Freestanding signs are prohibited in all residential zones.
(2)
Projecting signs shall not exceed 20 square feet in area. The bottoms of such signs shall be no lower than 10 feet and no higher than 16 feet above a sidewalk or public right-of-way. Projecting signs are prohibited in all residential zones.
(3)
Off-premises commercial signs shall be permitted in the C-3 Highway Commercial Zone only or as otherwise permitted under the exempt sign provision of this section.
(4)
Portable signs and signs with moveable letters shall be permitted in the C-3 Highway Commercial, C-2 Neighborhood Commercial and the Public and Semi-Public Zones or as otherwise permitted under the exempt sign provision of this section.
(5)
Signs projecting above the roofline or parapet of a building shall be permitted in the Industrial Zone only.
(6)
Signs on or adjacent to properties with structures listed on the National, State or Local Register of Historic Places, other than those exempted under this section.
E.
Prohibited signs:
(1)
No sign shall contain flashing, intermittent, rotating or moving lights.
(2)
Signs having moving parts, fluttering or revolving devices, projections beyond their areas; mirrors or mirror-like surfaces.
F.
Signs by special permit. Other signs may be permitted upon approval of the Planning Board and upon issuance of a special permit if the Board finds that a sign is in the public interest; that it is not detrimental to surrounding properties or to public safety or welfare; and that it is of a character, size and location that it will be in harmony with the orderly development of the neighborhood.