Clinton Village City Zoning Code
ARTICLE IX
Supplementary Regulations
§ 260-20 Supplementary provisions.
The regulations of this chapter shall be qualified or supplemented, as the case may be, by the following supplementary provisions.
§ 260-21 Lots in two districts.
Where a district boundary line divides a lot held in one ownership at the time of the adoption of said district line, the regulations for the majority portion of such lot shall apply to the remainder of said lot. The owner may be appeal to the Zoning Board of Appeals for a further determination with respect thereto.
§ 260-22 Additional area regulations.
Lots of less than required dimensions. Any lot with an area or a width less than that required in the district in which said lot is located may be used for any purpose permitted in the district, provided that all other regulations prescribed for the district shall be complied with, and further provided that said lot was held under separate ownership at the time of the adoption of this chapter and the owner thereof owned no adjoining land that could be combined with said lot to meet the dimension requirements. The Zoning Board of Appeals shall determine and fix yard and coverage requirements for said lot to permit its reasonable or permitted use.
Reduction of lot area. The minimum yards and open spaces, including lot area per family, required by this chapter for any building existing at the time of the adoption of this chapter, or for any building hereafter erected or structurally altered, shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot be reduced below the requirements of this chapter.
Corner lot. On a corner lot in any district in which a front yard is required, a yard shall be provided on each street equal in depth to the required front yard on such streets. One rear yard shall be provided on each corner lot and the owner shall designate the rear yard on his application for a building permit.
Visibility at street corners. On corner lots, except in a district where no front yard is required, no fence, wall, hedge or other structure or planting shall be erected, placed or maintained so as to obstruct visibility of vehicular traffic.
Projecting architectural features, terraces, porches, fire escapes. The following rules shall apply in determining required yards:
The space in any required yard shall be open and unobstructed except for the ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.
A paved terrace shall not be considered as part of a building in the determination of yard sizes or lot coverage, provided that such terrace is unroofed and without walls, parapets, or other form of enclosure.
Any solar collection device or related apparatus, as a portion of a principal structure, or as an accessory structure, shall not be included in computing lot coverage.
In determining the percentage of building coverage or the size of yards for the purpose of this chapter, enclosed porches, or porches open at the side but roofed, shall be considered a part of the building.
An open fire escape may extend into any required yard not more than six feet, provided that such fire escape shall not be closer than four feet at any point to any lot line in a residence district.
Unenclosed entrance steps or stairways providing access to the first floor of a building may extend into any required yard a distance not to exceed six feet.
Certain architectural features may project into required yard as follows: apparatus needed for the operation of active and passive solar energy systems, including, but not limited to, overhangs, movable insulating walls and roofs, detached solar collectors, reflectors and piping. Such apparatus may not extend into any required yard closer than four feet at any point to any lot line in a residence district.
Walls, fences and screening.
No fence, wall or other type of construction shall be erected without the approval of the Code Enforcement Officer.
The yard requirements of this chapter shall not prohibit any necessary retaining wall nor any fence or wall, provided that in any residence district no fence or wall shall exceed six feet in height in any front or side yard, and provided further that such fence or wall shall be no closer to any front lot line than its height. Further, any such wall or fence shall be constructed in a manner that the finished side faces out to the adjoining property and/or road. A building permit is required.
Nonstructural features, such as woodpiles and compost units, shall not be located less than five feet from any adjacent lot line.
Lighting. No artificial lighting shall be used so as to be a nuisance to neighboring properties. Outside lighting must be located and adjusted so that glare will not affect adjacent residential buildings. Security lighting, likewise, should not cause discomfort to adjacent residential buildings.
§ 260-23 Additional height requirements.
The height limitations of this chapter shall not apply to belfries, church spires, cupolas, and domes which are not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the roof level, nor to flagpoles, monuments, transmission cables or towers, radio or television antennas or towers and similar structures, nor to solar energy collectors and equipment used for the mounting or operation of such collectors. Such features, however, shall be erected only to such height as is necessary to accomplish the purposes for which they are intended. Although otherwise exempted from height limitations, the other structures listed in this section shall not significantly impair solar collector installations. No sign, nameplate, display or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank or other structure which extends above the roof.
On through lots 120 feet or less in depth, the height of a building may be measured from the grade of either street. On through lots more than 120 feet deep, the height regulations and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 120 feet from the street.
§ 260-24 Commercial excavation.
Except when incidental to the construction of a building on the same lot, the excavation and sale of sand, gravel, clay or other natural mineral deposit or quarrying of any kind of rock formation is subject to the approval of the site plan review. Before issuing a permit for such use, the site plan review shall find that such excavation or quarrying will not endanger the stability of adjacent land nor constitute a detriment to public welfare, convenience or safety by reason of excessive dust, noise, traffic congestion or other condition. The Village Planning Board may specify any reasonable requirements to safeguard the public health, safety and welfare in granting such permit.
§ 260-25 Automobile parking.
The Zoning Board of Appeals is lead agency for determining, interpreting and defining parking requirements. However, during a site plan review the Planning Board is delegated the authority to determine parking requirements in accordance with established guidelines.
Off-street parking space shall be required for all new buildings or new uses. One off-street parking space shall consist of at least 170 square feet. In commercially zoned areas, attention and space shall be provided for handicapped parking and access. Handicapped parking shall be located in the closest possible proximity to ingress and egress points so as to minimize the physical effort needed for access. In addition, space necessary for aisles, maneuvering and drives shall be provided. Minimum parking requirements for the following uses are hereby established.
Use | Off-Street Parking Requirements |
|---|---|
Dwellings | 2 spaces for each dwelling unit |
Apartments, townhouses, condominiums | 2 spaces for each dwelling unit |
Rooming houses, tourist homes, hotels, motels | 1 space for each sleeping room offered for hire in addition to required spaces for dwelling units |
Community buildings, libraries, museums or art galleries, social | 1 space for each 200 square feet of floor area |
Banks, businesses, professional, charitable or government offices | 1 space for each 300 square feet of gross floor space |
Funeral homes | 5 spaces for each parlor, plus parking for all employees and resident personnel cars |
Churches | 1 space for each 10 seats |
Schools, colleges or high schools | 1 space for each 8 seats in main auditorium or 3 for each classroom, whichever is greater |
Theaters or other places of assembly | 1 space for each 5 guests |
Hospitals, sanitariums, nursing or convalescent homes | 1 space for each 4 beds |
Medical or dental offices or clinics | 5 spaces for each doctor or dentist |
Retail stores in C-1 District | 1 space for each 300 square feet of gross floor space in excess of 1,000 square feet |
Other retail stores and shops | 1 space for each 200 square feet of floor area |
Clubs and restaurants providing food and/or alcoholic beverages for consumption on premises | 1 space for each 150 square feet of floor area |
Bowling alleys | 5 spaces for each alley |
Wholesale, storage, freight terminal or utility uses | 1 space for each 1,200 square feet of gross floor area |
Industrial or manufacturing uses | 1 space for each 2 employees in the maximum working shift |
Home occupations | 1 space for each dwelling unit, plus 1 additional space |
For uses not specified above, the Village Zoning Board of Appeals shall establish parking requirements in specific cases not inconsistent with those specified above. Such required parking spaces for residential uses shall be located in the rear or side yard on the same lot or tract as the principal use. Parking spaces required for other uses may be located within 400 feet of the principal use to which they are accessory, and such spaces shall conform to all regulations of the district in which they are located. Where permitted, parking or storage of unregistered or inoperative road vehicles, other than recreational vehicles, for a period of more than seven days, shall be in the rear yard only.
§ 260-26 Off-street loading.
In any district, in connection with every building or part thereof thereafter erected and having a gross floor area of 6,000 square feet or more which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry-cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space, plus one additional such loading space for each 20,000 square feet or major fraction thereof of gross floor area so used in excess of 20,000 square feet. Each off-street loading or unloading berth shall be subject to the following minimum requirements:
Each berth shall not be less than 10 feet in width, 25 feet in length and 14 feet in height when covered.
Space for such berth may occupy any part of any required yard not adjoining a street, except no such berth shall be located closer than 50 feet to any lot in any residence district unless wholly within a completely enclosed building or unless screened from such lot in a residence district by a wall or a uniformly painted solid fence not less than six feet in height.
§ 260-27 Development and maintenance of parking and loading areas.
Every parcel of land hereafter used as a public or private parking area or loading area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements:
Screening and landscaping. Off-street parking areas for more than five vehicles and off-street loading areas shall be effectively screened on each side which adjoins or faces premises situated in any residence district, or institutional premises, by a fence or hedge. Such fence shall not be less than four feet or more than six feet in height and shall be maintained in good condition without any advertising thereon. Any space between such fence or hedge and the side lot line adjoining premises, or the front line facing premises, in any residence district shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.
Minimum distances and setbacks. No off-street parking areas for more than five vehicles or off-street loading areas shall be closer than 10 feet to any dwelling, school, hospital, or any other institution for human care located on an adjoining lot. If not in a residence district but adjoining such district, the parking area shall be located 10 feet or more from the established street right-of-way line within 50 feet of any residence district.
Surfacing. Any off-street parking or loading area in C-1 and C-2 shall be surfaced with an asphalt or portland cement binder pavement or similar durable and dust free surface which shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide for the orderly and safe loading, parking and storage of vehicles.
Lighting. Any lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect the light away from the adjoining premises in any residence district.
Modification of requirements. The Village Zoning Board of Appeals may authorize a modification, reduction or waiver of the foregoing requirements if it should find that, in the particular case appealed, the peculiar nature of the use, or the exceptional situation or condition justifies such action.
§ 260-28 Recreational vehicles and trailers, parking and storage.
Parking or storage of recreational vehicles for a period of more than seven days shall be in the rear yard only. Where the rear yard is inaccessible due to topography, size, or other unalterable conditions, application for a special use permit for parking or storage of recreational vehicles elsewhere on the lot may be made to the Code Enforcement Officer. In the case of an adverse determination, an appeal may be made to the Zoning Board of Appeals.