Clyde Village City Zoning Code
ARTICLE XI
Supplementary Regulations
§ 190-56 General lot and structure requirements.
A.
Height. The height limitations of this chapter shall not apply to church spires, belfries, cupolas and penthouses not used for human occupancy; nor to chimneys, ventilators, skylights, stairwells and necessary mechanical appurtenances usually carried above roof level. Such feature shall, however, be erected only to such height as is necessary to accomplish the purpose they are to serve. The horizontal area covered by such elements shall not exceed 20% of the ground floor area of the building.
B.
Ornamental features. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament, and without windows, extending no more than five feet above such height limit.
C.
Yards.
(1)
In any residential use district, the required front yard for a dwelling unit may be reduced to the average setback of existing dwelling units within 200 feet on either side of the proposed structure, but in no case shall such yard be reduced to less than 10 feet.
(2)
Required yards shall be open and unobstructed except as noted below:
(a)
Any enclosed porch or unenclosed porch having a solid foundation and capable of being closed shall be calculated as part of the building in determination of the required yards or lot coverage.
(b)
Decks more than one foot above grade shall be calculated as part of the building in determination of the required yards or lot coverage.
(c)
Eaves with an overhang of not more than two feet; rainwater leaders, windowsills and other such fixtures; open steps; and bay windows not more than 12 feet wide, at one floor level only and for a distance not to exceed two feet, may extend into any required yard.
(d)
Uncovered patios at ground level may be erected or constructed any place on a lot consistent with yard requirements.
[Amended 10-18-1999 by L.L. No. 3-1999]
(e)
Campers, mobile homes, recreational vehicles, snowmobiles, boats and similar recreation-oriented vehicles may not be parked or stored out of doors in the front yard in a residential use district, except in the established driveway, and must be at least two feet from any side lot line and five feet from any rear lot line.
§ 190-57 Transition requirements.
A.
Lots in two districts. Where a district boundary line divides a lot existing at the time of adoption of this chapter, the use authorized on and the district requirements of the less-restricted portion of such lot shall extend not more than 30 feet into the more-restricted portion, provided that the lot has frontage on a street in the less-restricted district. Development of the less-restricted portion shall require issuance of a special permit.
B.
Adjacent residential and nonresidential lots.
(1)
General regulations.
(a)
A landscaped buffer area shall be required in all instances in nonresidential districts where properties abut residential districts per the requirements of Subsection B(2) below.
(b)
The construction and maintenance of the required buffer area shall be the responsibility of the owner of the property for which the building permit is requested.
(c)
No parking, loading, driveway or structural encroachment shall be permitted within a required buffer area.
(2)
Specific requirements.
(a)
Side and rear yard transition. Where a lot in a business or industrial district abuts a lot in a residential district, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district, but no less than 10 feet, which shall be appropriately screened as required in § 190-58.
(b)
Front yard transition. Where the frontage on one side of a street in the same block is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be equal to the required front yard depth of the residential district.
(c)
Side street transition. Where a residential district is bounded by a portion of a business or industrial district, then any side street extending through such residential district into such business district shall not be used for any business purpose, except as herein set forth. The business structure erected in said business district shall face and open upon the street set aside for business purposes, except that show windows in such business structure may be built and exposed upon said side street within the area set aside as a part of such business district and an entrance may be made at the corner of such business and residential streets, and all other stairway entrances thereto must face on the business street, except that entrances may be made from such residential street to the upper stories of such business structure.
§ 190-58 Screening devices and fences.
A.
Permit. No screening device or fence, except natural vegetation, shall be installed prior to the issuance of a permit by the Code Enforcement Officer.
B.
Height and location.
(1)
Front yard. Screening devices permitted within required front yards may not exceed four feet in height and shall be of an open design (such as ornamental iron, rail and picket) with a uniform ratio of space to fence material of at least 1:1. Chain link and opaque fences such as basket weave or stockade are prohibited within the required front yard. On corner lots, that portion of a lot contiguous to a public right-of-way shall be considered as front yard area for the purposes of applying the regulations herein. [Refer to § 190-14R(3) and (4) for C-2.]
[Amended 10-18-1999 by L.L. No. 3-1999]
(2)
Side and rear yards. No fence or wall shall exceed 8.7 feet in height within side and/or rear yards.
(3)
Prohibitions. Chain link fence with barbed wire or electrified screening devices and chain link fence without horizontal support are prohibited.
[Amended 10-5-1995 by L.L. No. 5-1995]
(4)
Plantings.
(a)
Plantings, except trees, shall not exceed 2 1/2 feet in height if placed within 10 feet of the front property line.
(b)
There shall be no limit to the height of plantings located along the side or rear property lines if more than 10 feet from the front property line.
(c)
Where natural vegetation, such as trees and shrubs, is used as an integral component of sight and sound control, such trees and shrubs must be of the evergreen type.
(5)
Placement and maintenance.
(a)
Screening devices shall be placed so that they do not project into adjoining properties, except trees above a height of seven feet.
(b)
All screening devices and plantings shall be maintained in a sound and safe condition at all times. All fences shall be maintained upright within three inches of the fence center line.
(c)
There shall be no minimum setback from the property line for any screening device. (Note: The Village Board of Trustees recommends that all screening devices be placed a minimum of three feet from property lines to allow for ease of maintenance.)
[Added 10-18-1999 by L.L. No. 3-1999]
(6)
Accessibility. All portions of a lot enclosed by a screening device shall be made accessible for fire-fighting purposes. Pedestrian gates not less than three feet in width shall be installed at locations providing direct access to all enclosed yard areas.
(7)
Nonconforming screening devices. Where a lawful screening device exists at the effective data of adoption or amendment of this chapter that could not be construed under the terms contained herein by reasons of restrictions in height, visibility characteristics, location or any other requirement concerning said screening device, such screening device may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a)
No such screening device may be enlarged or altered in any way which increases its nonconformity, but any such screening device or portion thereof may be altered to decrease its nonconformity.
(b)
Where a screening device is damaged due to any cause, including deterioration due to the elements, or is declared unsafe, and the cost of restoration or correction exceeds 50% of the replacement cost of the entire screening device, the same shall not be so corrected and restored except in compliance with the provisions of this section.
(c)
Should such a screening device or portion thereof be relocated within a lot, that portion as relocated shall be subject to the provisions of this section.
C.
Screened parking, loading and storage area requirements. All side or rear lot areas designated, used or intended to be used as parking, loading and/or storage area(s) for any building or land use, other than single- and two-family dwellings, shall be screened from view of any adjacent residential use or residential use district. Such screening shall be either a wall, a solid fence or a fence and evergreens installed at a height of four feet and maintained to a height of six feet, or higher as required by the Planning Board, above grade level, subject to the replacement and maintenance requirements of Subsection B(5) of this section.
D.
Design standards. In addition to any standards in specific zones, the following design standards for fences and walls shall apply in all zones:
[Added 7-20-2022 by L.L. No. 6-2022]
(1)
Fences and walls shall be architecturally compatible with the design and materials of the principal building.
(2)
For all zoning districts, fence material shall be either naturally resistant or treated wood board, vinyl, galvanized and/or vinyl-coated wire or chain-link material of at least 11.5 gauge, wrought iron, brick, natural stone or masonry.
(3)
Fences and walls shall not be constructed of inappropriate materials such as sheet metal, vehicles or parts thereof, underground/aboveground tanks, garage doors, aluminum siding, corrugated tin, chicken wire and similar small-gauge wire or mesh product, plastic snow fence, tarps, nonconstructed or dumped piles of rock, soil or debris, pallets, and other similar materials not specifically designed for use as fencing. Fence and wall design shall conform to the NYS Uniform Fire Prevention and Building Code and all development standards required for safety.
§ 190-59 Outdoor illumination.
[Amended 10-18-1999 by L.L. No. 3-1999]
No illumination shall cause direct light rays to cross any property line. All outdoor floodlight sources, such as used for but not limited to athletic fields, courts, swimming pools, parking lots, security and building floodlighting, shall be steady, stationary shielded sources directed so as to avoid causing a hazard to motorists, pedestrians or causing direct light rays on neighboring properties. The marginal increase in light, as measured at any property line other than a street line, shall not exceed one footcandle in intensity. [Refer to § 190-14R(1) for C-2.]
§ 190-60 Outdoor storage of certain materials.
This section shall not apply to a lot improved with a single- or two-family dwelling unit. The storage of garbage containing waste materials, rubbish and all types of refuse containers shall be separated from all adjoining lots or rights-of-way by a screening device not less than four feet in height, or otherwise contained within an enclosed structure, except during such times as are designated for the removal of contents. No unpleasant or noxious odors are permitted beyond lot lines. Outdoor storage shall not be located within a required yard or transition area.
§ 190-61 Land use under special approvals.
Existing buildings, structures and uses previously authorized by special approvals, including variances, special permits, site plan approvals, and other similar approvals, shall be subject to the provisions of Article VI, Nonconforming Elements, relative to modifications.
§ 190-62 Swimming pools.
A.
Permit. Swimming pools are permitted as an accessory structure in any zoning district subject to applicable setback requirements of the district and to the requirements set forth herein. A building permit is required prior to commencement of construction.
B.
Application. The application for a permit shall be accompanied by a site plan of the lot showing existing or proposed buildings, pool location and size and size and lot lines to scale. Location of water, electric, gas and sewer lines shall also be indicated. The application shall indicate the method and manner of drainage of wastewater.
C.
Fences. (NOTE: Additional requirements for fences around swimming pools may be found in New York State Uniform Fire Prevention and Building Code.[1]) Every swimming pool shall be completely enclosed by walls, fences or similar structures not less than four feet nor more than eight feet in height. Openings in the enclosure shall be limited to doors or gates equipped with self-closing and self-locking devices which keep the opening securely fastened at all times. Openings in fencing or walls shall be limited to three inches in any direction except vertical. Wood members may be spaced over three inches apart, which are so designed to prevent climbing over the enclosure. Doors in walls of buildings occupied by humans which form an enclosure or part thereto need not be equipped with automatic closing and locking devices. Pools which are constructed above grade may be exempted from the requirement of five-foot enclosures if so designed that the pool platform and enclosure is not less than five feet above the ground and will prevent climbing over the enclosure. A self-closing gate or removable stairs must be provided.
[1]
Editor's Note: See Ch. 67, Construction Codes, Uniform.
D.
Lighting. No lighting shall be permitted on or about a swimming pool except that which will illuminate the pool and cast no light or reflections on abutting properties.
E.
Overhead wires. No overhead wires shall be located within 20 feet of the pool surface and deck.
F.
Deck or border. A deck, border or patio at least four feet wide around the periphery of a below grade pool shall be maintained between the edges of the pool and the fence or rail surrounding the pool.
G.
Lot coverage. Any part of the pool or border more than one foot above grade shall be calculated as a structure in determination of lot coverage.
H.
Filling and emptying. In any period of water shortage declared by emergency water orders or measures, no water shall be added to an existing filled pool, nor shall a pool be filled. No pool wastewater shall be discharged so as to flow onto adjoining properties or streets.
I.
Abandonment. Abandonment of a pool shall require a building permit. Below-grade pools shall be filled with earth and pools constructed above the surface of the ground shall be dismantled and any excavation filled to the original contour of the lot.
§ 190-63 Communication devices.
A.
A freestanding satellite dish radio or television receiver, receiving or transmitting antenna or similar device shall be permitted as an accessory structure in a residential use district, subject to the issuance of a building permit and the following restrictions.
(1)
Such structure shall comply with respective district setback requirements for an accessory structure.
(2)
Such structure shall not exceed eight feet in diameter nor 15 feet above grade at its highest level
(3)
Such structure shall be located in the rear yard only and shall be screened from view from any public right-of-way.
(4)
Such structure shall be screened from any adjacent property if any part of such structure is located less than 10 feet from such property line; required screening shall be minimum of six feet in height
(5)
Only one such structure shall be allowed on a lot.
B.
A non-dish type receiving or transmitting antenna may be attached to or located upon a principal or accessory building in a residential use district but may not exceed 10 feet above the highest point of the roofline to which it is attached.
C.
A satellite dish radio or television receiver, receiving or transmitting antenna or similar device shall be permitted as an accessory structure in a nonresidential use district subject to site plan review, issuance of a building permit and the following provisions:
(1)
Only one such structure shall be allowed on a lot.
(2)
If freestanding, such structure:
(a)
Shall not be located in the front yard nor in any required parking or buffer area.
(b)
Shall be placed at least 10 feet from any property line.
(c)
Shall not exceed 10 feet in diameter nor 15 feet above grade at its highest point.
(d)
Shall be adequately screened from adjacent residential lots per the requirements of § 190-58C.
(3)
Such structure may be placed upon the roof of a principal building subject to the requirements of § 190-56A and whatever conditions the Planning Board imposes to minimize visual impact from the right-of-way and adjacent properties. Such conditions may include, but not be limited to, size and scale, height, placement and color.
D.
Application for a building permit shall include construction drawings showing the proposed method of installation and a site plan depicting structures on the property and adjacent properties and required screening.
§ 190-64 Domestic animals.
[Amended 6-1-2002 by L.L. No. 3-2002]
No animals, other than domestic animals as defined in § 190-5 of this chapter, shall be maintained, housed or harbored in the Village of Clyde, except as specified in § 190-10 under R-1 accepted uses.