Colden City Zoning Code
ARTICLE XIV
Supplemental Use Regulations
§ 108-76 Temporary structures or uses.
A.
The following temporary structures shall be deemed to be permitted uses in all zoning districts:
(1)
Temporary structures or uses incidental to construction work, including a nonilluminated sign not exceeding 12 square feet in area of any contractor, engineer or architect, shall be permitted for a period concurrent with the building permit, provided that any such structure shall be removed forthwith upon the completion or abandonment of the construction work. Any extension of said time limit shall require the approval of the Code Enforcement Officer.
(2)
The temporary use of a dwelling as a model home shall be permitted for a period of time not to exceed two years from the date of the issuance of the building permit. Any extension of said time limit shall require the approval of the Town Board.
(3)
Any temporary structures or uses permitted by the Town Board.
§ 108-77 Filling stations, gasoline service stations and public garages.
A.
No part of any building used as a filling station, gasoline service station or public garage and no filling pump, lift or other service appliance shall be erected within 25 feet of any R or AG District boundary or within 300 feet of any school, church, playground or park.
B.
No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance shall be installed in connection with any filling station, gasoline service station or public garage within 20 feet of any street line.
C.
Two reservoir spaces for each gasoline pump shall be provided on the lot for waiting vehicles. Such reservoir space shall not include space at the pump or required parking space.
D.
Storage of gasoline shall be in tanks approved by the appropriate New York State and/or federal agencies.
E.
There shall be no use of the lot except for landscaping or screening within 20 feet of any R or AG District boundary.
§ 108-78 Automotive use areas.
Except for farms or one-family or two-family residences, any portion of a lot used for open off-street parking or reservoir space or for open sales, service or storage areas for motor vehicles, contractor's equipment or boats shall be deemed to be an automotive use area and shall be subject to the following requirements:
A.
Surfacing. Every automotive use area and access driveway thereto shall be surfaced with a durable and dustless material and shall be so graded and drained so as to dispose of surface water accumulation.
B.
Lighting. Any fixture used to illuminate any automotive use area shall be so arranged as to direct the light away from the street or road and away from adjoining premises.
C.
Screening and green area. Every automotive use area, except off-street parking areas for less than five vehicles, shall be separated from any adjoining lot in any R or AG District, including lots situated across the street or road, as follows:
(1)
Green area: along a street or road line, by a live planting strip five feet wide; provided, however, that no shrub planting or tree foliage shall be placed or maintained which obstructs vision at an elevation between three feet and seven feet above the street or road level. Such planting strips may be interrupted by normal entrances and exits.
(2)
Screening area: along a rear lot line or an interior side lot line which abuts an existing or future rear yard or side yard on such adjoining lots, by a compact evergreen hedge which will reach a height of five feet within three years or by a solid uniformly painted fence or an unpierced masonry wall five feet in height. Such screening shall be maintained in good condition at all times.
D.
Access.
(1)
No entrance or exit to any automotive use area shall be permitted within 30 feet of any intersecting street or road lines and, except for off-street parking areas for uses permitted in any R or AG District requiring less than 10 parking spaces, no entrance or exit shall be permitted within 20 feet of a lot in any R or AG District.
(2)
Access to automotive use areas, except for off-street parking areas in an R or AG District for less than five vehicles, shall be approved by the Town Highway Superintendent and shall be so arranged that vehicles shall not be required to back into a street or road.
E.
Restriction on use. No automotive use area shall be used for auto wrecking or for the storage of wrecked, partially dismantled or junked vehicles or equipment.
§ 108-79 Lots divided by district boundaries.
Where a lot is divided by any zoning district boundary so as to be in more than one zoning district and where such lot was an existing lot when such district boundary was established, a conforming use, occupying 50% or more of the area of said lot and having a street or road frontage in the district where permitted, may be extended on such lot not more than 25 feet (measured perpendicular to the district boundary) into any district where such use is not permitted.
§ 108-80 Frontage on street or right-of-way required.
[Amended 7-9-2009 by L.L. No. 3-2009]
No dwelling shall be erected on any lot which does not have either:
A.
Immediate minimum frontage for the zoning district within which it is located on an existing or platted street or highway.
B.
A right-of-way of a minimum of 50 feet, deeded in fee to the applicant which will not adversely affect the required frontage of an adjoining conforming lot located on an existing or platted street or highway.
§ 108-81 Screening of service entrances in C District.
Where a loading or unloading platform or any service entrance in a C District faces any lot line which coincides with any R or AG District boundary, such platform or service entrance shall be effectively screened from such R or AG District in a manner approved by the Town Board.
§ 108-82 Preservation of topsoil and other natural features.
A.
No persons, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building or paved parking area on such premises and excavation or grading incidental thereof; provide, however, that the Town Board may, by special permit, grant an application for such stripping where it finds that such will not be detrimental to the adjoining land and building development.
B.
Existing natural features, such as trees, brooks, drainage channels and views, shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
§ 108-83 Junk vehicles.
A.
A junk vehicle is herein described as any discarded, wrecked, partially dismantled or abandoned automobile, truck, van, recreational vehicle or trailer. One such vehicle that is not stored in an enclosed building is permitted in any district, with one additional vehicle permitted in the AG District. In all districts, those vehicles that are not stored in an enclosed building must be parked out of sight from the street or highway or behind the primary structure on the owner's property.
B.
Exceptions. Exceptions shall be:
(1)
Vehicles used and intended for use by the owner, such as seasonal, utility and snow plows.
(2)
Vehicles for sale by the resident of the property, parked in a safe fashion for up to 60 days from the first verification by the Code Enforcement Officer.
(3)
Commercial vehicles owned by the resident of the property, subject to any other restrictions appearing elsewhere in this code.
(4)
Vehicles which are stored on the premises of an approved motor vehicle sales or service business.
C.
Notwithstanding, no vehicle shall be parked in a hazardous location, blocking visibility or within 10 feet of the road right-of-way nor in a dangerous condition with broken glass or leaking flammable or toxic fluids.
D.
Notice of violation shall be served to the owner, the owner's executors, legal representatives or agents or any other person having ownership or vested interest in the property (as shown on the town's most recent assessment roll) on which the vehicle is located.