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Canisteo Village City Zoning Code

ARTICLE IV

Supplemental Regulations

§ 119-15 Applicability.

The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.

§ 119-16 Prohibited uses.

Any use of any building or premises in such a manner that the health, safety or welfare of the community may be endangered shall be prohibited. In any district, the following standards for activities shall apply:
A. 
No offensive or objectionable noise, vibration, odor or glare shall be noticeable at or beyond the property line.
B. 
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 district.
C. 
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.
D. 
The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals, plant life or to forms of property shall be prohibited.

§ 119-17 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 feetand 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 the intersection of said street lines.

§ 119-18 Through lots.

Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.

§ 119-19 Corner lots.

Whenever a side or rear yard is adjacent to a street, the standards for front yards shall apply.

§ 119-20 Projections into required yards.

[Amended 4-3-1989 by L.L. No. 4-1989; 7-3-1989 by L.L. No. 9-1989]
A. 
The following may be allowed within required yards, with the limitations as stated:
(1) 
Open fire escape: up to four feet into side or rear yards.
(2) 
Awnings or movable canopies: up to six feet into any yard.
(3) 
Cornices, eaves and other similar features: up to three feet into any yard.
(4) 
Accessory structures: not less than three feet from any side or rear lot line; not less than 15 feet from any dwelling on an adjacent lot; not within any required front yard.
(5) 
Customary yard accessories: lawn ornaments, fences, walls, poles, posts and the like may be located within any required yard, subject to height limitations and requirements limiting the obstruction of visibility (see Zoning Schedule[1] and § 119-17).
[1]
Editor's Note: The Schedule of Lot Size, Yard, Building Height and Lot Coverage Requirements is included at the end of this chapter.
B. 
Any open or enclosed porch or carport shall be considered a part of the building in determining the size of the required yard and lot coverage.

§ 119-21 Exceptions to height regulations.

[Amended 7-3-1989 by L.L. No. 9-1989]
Height regulations shall not apply to flagpoles, radio 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.

§ 119-22 More than one principal structure on a 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.

§ 119-23 Sewage disposal.

No person shall undertake to construct any new building or structure in the Village of Canisteo 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.

§ 119-24 Home occupations.

[Amended 8-1-2005 by L.L. No. 4-2005; 9-6-2011 by L.L. No. 1-2011]
A. 
Purpose. The regulations of this section dealing with home occupations are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or dwelling.
B. 
Authorization. Except as otherwise expressly provided or limited in this section, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit. A zoning compliance permit is required pursuant to § 119-68. Any question of whether a particular use is permitted as a home occupation by the provisions of this section shall be determined by the Village Codes Enforcement Officer pursuant to his authority to interpret the provisions of this chapter.
C. 
Definition(s). As used in this section, the following terms shall have the meanings indicated:
HOME OCCUPATION
A business, profession, occupation or trade conducted for compensation, entirely within a residential building or a structure accessory thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building or neighborhood.
D. 
Use limitations. In addition to all of the use limitations applicable in the zoning district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:
(1) 
Home occupations shall be conducted entirely within the residence or within an accessory structure. The area for the home occupation shall not exceed 25% of the gross area of the residence or 400 square feet, whichever is less.
(2) 
No alteration of the principal residential building or accessory structure shall be made which changes the character and appearance thereof as a dwelling.
(3) 
No stock-in-trade shall be displayed or sold on the premises.
(4) 
The home occupation shall be carried on by a member of the family residing in the dwelling unit. No nonresident may be employed either full or part time in the home occupation.
(5) 
There shall be no outdoor storage of equipment or materials used in the home occupation.
(6) 
No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.
(7) 
No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation, or other objectionable emissions.
(8) 
No sign, other than one unlighted sign not over two square feet in area, attached flat against the dwelling and displaying only the name of the occupation, shall be allowed.
(9) 
The home occupation shall not result in or cause vehicular traffic that will create a nuisance to abutting properties or be detrimental to the residential character of the neighborhood.
E. 
Particular home occupations permitted. Home occupations include all occupations which meet the purposes, standards and requirements of Subsections A through D of this section and, in particular, include, but are not necessarily limited to, the following list of examples:
(1) 
Providing instructions to not more than two students at a time, except for the occasional groups.
(2) 
Day care of not more than six nonresident children.
(3) 
Office facilities for accountants, architects, brokers, engineers, lawyers, insurance agents, realtors, and members of similar professions.
(4) 
Consultation or emergency treatment by a doctor or a dentist, but not the general practice of his profession.
(5) 
Office facilities for the ministers, priests and rabbis.
(6) 
Office facilities for salesmen, sales representative and manufacturer's representatives when no retail or wholesale sales are made or transacted on the premises.
(7) 
Studio of an artist, photographer, craftsman, writer, composer or similar person.
(8) 
Shop of a beautician, barber, hair stylist, manicurist, dressmaker, tailor or similar person.
(9) 
Homebound employment of a physically, mentally or emotionally handicapped person who is unable to work away from home by reason of his disability.
(10) 
Home typing or computing services.
F. 
Particular home occupations prohibited. The following uses are not appropriate as home occupations and are not permitted:
(1) 
Vehicle or boat repair or painting.
(2) 
Large or small engine repair services.
(3) 
Vehicle or equipment sales.
(4) 
Vehicle or equipment rental.
(5) 
Furniture sales.
(6) 
Funeral director, mortuary or undertaking.
(7) 
Heating, plumbing or air-conditioning services.
(8) 
Laboratory or taxidermy services.
(9) 
Medical or dental clinic.
(10) 
Private club, restaurant, fraternity or sorority.
(11) 
Veterinary hospital or kennel.
(12) 
Adult entertainment business.
(13) 
Garage, porch or yard sales.
(14) 
Tattoo or body piercing studios or parlors.

§ 119-25 Fences, walls and hedges.

In any residential district, fences, walls and hedges are permitted with a zoning permit only as follows:
A. 
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 eight feet, nor in any manner that materially shuts out air, light or sun between such heights.
B. 
In required 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.
C. 
These restrictions shall not apply to retaining walls.
D. 
In any commercial or industrial district, there shall be no restriction on fences or walls, except on a residential district boundary line, where such fences or walls shall be limited to eight feet in height, and except where corner clearances are required.

§ 119-26 Parking of commercial vehicles.

No commercial vehicle shall be parked or stored out of doors overnight or on Sundays in any residential zone, and not more than one commercial vehicle may be garaged on any lot in a residential zone.

§ 119-27 Private swimming pools.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No private swimming pools, exclusive of portable swimming pools with diameter of less than 12 feet or an area of less than 100 square feet, or a depth of less than 24 inches, shall be allowed in any zoning district except with a zoning permit and the following requirements:
A. 
The pool shall be intended primarily for use by the occupants of the property on which said pool is located.
B. 
The pool decking, or pertinent structures associated with the pool, mechanical equipment, pumps, etc., shall not be closer than five feet to any lot line.
C. 
If the pool is equipped with any electrical device, pump, filter, lights, etc., the electrical service shall be equipped with a ground fault interrupter.
D. 
In-ground. The pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access by children and animals. Said fence shall not be less than four feet in height and shall be maintained with a self-closing and self-latching gate of equal height to the fence.
E. 
Aboveground. Aboveground pools shall have a gate or other device to prevent uncontrolled access by children and animals. Such device shall be self-latching.

§ 119-28 Essential services.

A. 
Such 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.

§ 119-29 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 thereon, 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 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.

§ 119-30 Off-street parking and loading.

A. 
General requirement. No building or structure shall be erected, enlarged or its use changed unless permanently maintained off-street parking and loading spaces with adequate safe functional vehicular access have been provided in accordance with the provisions of this chapter.
B. 
Enlargements.
(1) 
Whenever a building or structure existing at the effective date of this chapter is changed or enlarged 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.
C. 
Dimensions. Parking spaces shall have the following minimum rectangular dimensions, exclusive of aisles and other circulation areas:
(1) 
Ninety-degree parking: nine feet by 19 feet; twenty-five-foot aisles.
(2) 
Sixty-degree parking: 10 feet by 19 feet; twenty-foot aisles.
(3) 
Forty-five degree parking: 12 feet by 19 feet; fifteen-foot aisles.
(4) 
Parallel parking: nine feet by 23 feet.
D. 
Location of parking spaces.
(1) 
Parking for all residential uses shall be located on a buildable portion of the same lot as the use which they are intended to serve. Spaces other than driveways shall not encroach on any required yards.
(2) 
For commercial or industrial uses, such spaces shall be provided on the same lot or not more than 700 feet from the principal use. No open or enclosed parking area shall encroach on any required front yard or required open area. Adequate access drives shall be provided from an adjoining public street.
E. 
Municipal lots. Spaces in municipal parking lots, where provided, may be credited toward parking requirements of new commercial uses, provided that municipal spaces are within 700 feet of the use to be served and parking needs of existing facilities within 700 feet and computed on the same basis as the new facility are satisfied first, and only excess capacity is used for the new facility. A special permit for such use is obtained from the Planning Board.
F. 
Combined uses. Combined use of one parking lot by two or more 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.
G. 
Loading space requirements and dimensions.
(1) 
Dimensions. A loading space shall have a minimum dimension of 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.
(2) 
Location restrictions. Loading areas shall not encroach on any required front or side yard, accessway or off-street parking area, except that, in commercial districts, existing off-street parking areas may be used for loading spaces for not more than three hours per day.
(3) 
Setback. Loading areas, circulation and service lanes, shall be separated from the paving edge of any public thoroughfare and from adjoining property lines by planting a strip at least 20 feet in width.
(4) 
Planning Board review. The location, number, size and design of loading spaces and accessways thereto shall be approved by the Planning Board prior to issuance of permit or certificate of occupancy by the Zoning Officer.
H. 
Surfacing and drainage. The required parking and loading spaces shall be improved with an acceptable wearing surface providing a dust-free surface. Proper drainage shall be provided. The property owner shall maintain parking and loading areas in good condition, free of holes, dust, trash and debris.
I. 
Landscaping.
(1) 
At least 8% of the area of lot used for off-street parking shall be landscaped with acceptable trees, shrubs or lawn.
(2) 
All loading berths, parallel circulation and service lanes and parking areas of three or more spaces shall be effectively screened on all sides which adjoin or face any property used for residential purposes. Screening shall consist of a decorative wall or fence of an acceptable design or evergreen plant materials, to visually soften said wall or fence, or a combination thereof. Walls or fences shall not be less than four feet nor more than six feet in height and shall be maintained in a healthy, growing condition. Either type of screening should not obscure visibility at intersections.
(3) 
Planning Board approval. All landscaping and screening plans shall be subject to review and approval by the Planning Board prior to installation.
J. 
Required parking space.
(1) 
Off-street parking schedule. Parking spaces shall be provided in accordance with the following schedule:
Type of Use
Spaces Required
Residential
Family dwellings of any type
2 for each dwelling unit: garage space may be counted toward requirement
Apartment hotels; apartments
1 1/2 for each unit
Lodging houses; rooming houses
1 for each sleeping room or 1 for each permanent occupant
Commercial
Gasoline stations; automobile service stations which also provide repair
1 for each fuel pump and 2 for each service bay
Hotels; motels
1 per each living or sleeping unit, plus 1 for each 2 employees
Funeral parlors, mortuaries and similar-type uses
1 for each 100 square feet of floor area in reposing rooms, parlors or service room
Retail stores; banks; professional offices
1 for each 250 square feet of floor area
Doctors and dental offices
1 for each 100 square feet of floor area, plus 1 for each practitioner
Restaurants; taverns; nightclubs
1 for each 2.5 seats, plus 1 for each 2 employees
All other types of business or commercial uses
5 1/2 spaces per each 1,000 square feet of gross floor area
Drive-in banks
3 spaces for each service window, plus 1 space for each full-time employee
Recreational or Entertainment
Bowling alleys
5 for each alley, plus 1 additional space for each 100 square feet of area used for restaurant, cocktail lounge or similar use
Outdoor public swimming pools
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, sanitoriums, nursing homes, childrens' homes and similar uses
1 for each 3 beds, plus 1 for each employee
Medical and dental clinics
10 spaces, 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
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
(2) 
Interpretations.
(a) 
Parking requirements for uses not specifically listed herein shall be determined by the Zoning Board of Appeals upon recommendation of the Planning Board.
(b) 
Fractional parking space requirements shall be increased by the next whole number.

§ 119-31 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 Canisteo, whichever applies, and the following provisions, whichever is 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; if less than 35 miles per hour, 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 case of other uses:
(a) 
Separate entrance and exit drives shall have a minimum width of 12 feet and a maximum width of 22 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°.
(3) 
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.

§ 119-32 Signs.

[Amended 4-3-1989 by L.L. No. 4-1989]
A. 
Exception. For the purpose of this chapter, the term "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function or as required by law, ordinance or government regulation.
B. 
Prohibited devices. Except as provided for time and temperature signs under SubsectionD(1) of this section, signs, any portions of which contain any of the following, are expressly prohibited in all districts:
(1) 
No sign shall be permitted which is an imitation of or 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 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, in extent or 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.
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 nameplates and rooming house signs not exceeding four 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 places of worship, libraries, museums, clubs or societies, which signs or bulletin boards do not exceed 12 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, provided that not more than two signs shall be allowed for each development.
D. 
Commercial districts and industrial districts. Those signs permitted in all districts and signs whose subject matter relates exclusively to the premises on which it is located; provided, further, that:
(1) 
Time and temperature signs with intermittent lighting and/or rotation only of that portion displaying time and temperature 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) 
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 linear foot of principal footage of the lot, but not to exceed the total area of 20 square feet. 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.
E. 
General regulations. Provisions of this subsection shall apply to all signs in all districts established by this chapter.
(1) 
Number of signs. Each building may have one sign oriented to each street on which the building as a whole or its predominant use fronts.
(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 nor 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. It shall be unlawful 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.
(6) 
Removal. 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. 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 such sign is attached.
F. 
Temporary signs. The following are allowed for a period of up to one year without a permit:
(1) 
Construction signs. One unlighted sign up to 32 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. One unlighted sign up to 32 square feet announcing a campaign, drive or event. Event signs are temporary, nonpermanent posters and signs covering such things as political events, fairs, sporting events and shows. They shall be permitted in nonresidential areas only four weeks prior to the event and must be removed two weeks after the event.
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.

§ 119-33 Residential cluster developments.

A. 
In accordance with § 7-738, 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 development 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.[1]
[1]
Editor's Note: The Schedule of Lot Size, Yard, Building Height and Lot Coverage Requirements is included at the end of this chapter.
(3) 
Dwelling types. The dwelling types permitted may be detached, semidetached, attached and multistory structures, as permitted in the respective districts.
(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 building, 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.

§ 119-34 Planned unit development.

(Reserved)