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Brewster City Zoning Code

REGULATIONS PERTAINING

TO CONDITIONALLY PERMITTED USES

§ 153.380 GENERAL PROVISIONS.

   These regulations pertain to conditionally permissible uses as listed in §§ 153.051, 153.066, 153.081, 153.101, 153.136, 153.156, 153.176 and 153.196.
   (A)   Loud speakers which cause a hazard or annoyance shall not be permitted.
   (B)   All points of vehicular entrance or exit should be located no closer than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
   (C)   There shall be no more than one advertisement oriented to each abutting road identifying the activity.
   (D)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
   (E)   Elementary schools structures should be located on a collector thoroughfare.
   (F)   Such developments should be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
   (G)   Such uses shall not require uneconomical extensions of utility services at the expense of the community.
   (H)   Such uses should be properly landscaped to be harmonious with surrounding residential uses.
   (I)   Such structures should be located adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.
   (J)   All permitted installations shall be maintained to prevent injury to any property, any individual, or to the community in general.
   (K)   Customary home occupations, subject to the requirements of this division (K) as follows:
      (1)   Handicraft, dressmaking, millinery, laundering, baking and operation of a beauty shop; and
      (2)   The professional offices of a physician, surgeon, dentist, lawyer, engineer or other like profession (real estate, insurance, CPA):
         (a)   Such use shall be conducted entirely within the dwelling unit and no use of any accessory building or yard space shall be permitted;
         (b)   Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes;
         (c)   Such use shall be conducted only by persons residing in the dwelling units;
         (d)   There shall be no display nor stock in trade nor commodities sold except those which are produced on the premises;
         (e)   The use shall not involve the use of wore than 33-1/3% of the floor area of only one story;
         (f)   No newspaper, radio or television service shall be used to advertise such home occupations;
         (g)   One unlighted name plate not more than two square feet in area announcing the name and home occupation shall be permitted; and
         (h)   Such uses shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference or other causes.
(Ord. 30-1974, § 802, passed 7-15-1974; Ord. 19-1986, passed 9-2-1986)

§ 153.381 SPECIAL PROVISIONS FOR GROUP DWELLINGS.

   (A)   Group dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements, the entire group as a unit requiring one front and rear and two side yards as specified for dwellings in the appropriate district.
   (B)   Each two or two and one-half story group dwelling development shall have a minimum court of 40 feet in width and 40 feet in length, in addition to its required yards, and each one story group dwelling development shall have a minimum court of 30 feet in width and 30 feet in length, in addition to its required yards.
   (C)   In a group dwelling development, no two separate dwelling structures shall be closer to each other along the sides or end of a court than 15 feet.
   (D)   The court shall be unoccupied by any building or other structures, except fire hydrants, utility poles or other street improvements.
   (E)   The court shall have an unobstructed opening, not less than 30 feet wide, onto the front yard of a lot which has a width not less than that required in the district in which it is located.
   (F)   All dwelling structures of the group except those facing a public street shall face upon the court.
(Ord. 30-1974, § 802, passed 7-15-1974)

§ 153.382 ADDITIONAL PROVISIONS.

   Such uses (as listed in §§ 153.380 and 153.381) shall be permitted under the following conditions:
   (A)   Provided that such facilities be located at the extremity of the business districts so as not to interfere with the pedestrian interchange between stores in the district and provided further, that it would not halt expansion of the pedestrian-oriented facilities;
   (B)   No more than two driveway approaches shall be permitted directly from any thoroughfare and shall not exceed 30 feet in width at the property line;
   (C)   If the property fronts on two or more streets, the driveways shall be located as far from the street intersections as is practical; and
   (D)   At least a six inch high pedestrian safety curb shall be installed along all street right-of-way lines except at driveway approaches.
(Ord. 30-1974, § 802, passed 7-15-1974)

§ 153.383 TEMPORARY STRUCTURES.

   Any temporary structures must be indicated as such on site plans submitted to the Village Planning Commission for approval. Such structures, shall not be continued as permanent structures. The period of continuance shall be set by the Village Planning Commission.
(Ord. 30-1974, § 802, passed 7-15-1974)