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Dannemora Village City Zoning Code

ARTICLE VI

Supplementary Regulations

§ 100-29 Principal buildings per lot.

A. 
There shall be only one principal building per lot on residential lots. A "principal building" means the building used as dwelling quarters, and does not include accessory structures.
B. 
This provision may be waived upon authorization by the Board of Appeals in the case of multifamily residential structures, such as townhouse clusters or other types of attached housing, which are designed as a unit on a single lot.

§ 100-30 Undersized lots.

Any recorded lot held in single and separate ownership prior to adoption of these regulations shall be exempt from the minimum lot size, lot width and lot depth requirements of Article V herein, provided that:
A. 
Such lot does not adjoin any other lot or lots held by the same owner such that the owner might combine two or more lots in order to meet minimum requirements.
B. 
Minimum front building setback, side building setbacks and rear building setback are met.

§ 100-31 Lots in more than one district.

If a lot lies in two or more zoning districts, each portion of the lot shall be governed by the regulations of the district in which it lies. Upon special authorization of the Board of Appeals and after public hearing, the provisions of the less restricted portion to the lot may be extended up to 50 feet into the more restricted portion.

§ 100-32 Corner lots.

On corner lots, the sides facing both streets shall be considered front yards. On the other sides, one shall be considered a rear yard and the other a side yard at the owner's option.

§ 100-33 Minimum road frontage.

A. 
In order to ensure adequate access, each single-family residential lot and each two-family residential lot shall have a minimum fifteen-foot frontage abutting on a public street or highway or abutting on a private street designed and constructed to Village standards.
B. 
Each multifamily residential lot and each nonresidential lot shall have a minimum fifty-foot frontage abutting on a public street or highway or abutting on a private street designed and constructed to Village standards.

§ 100-34 Parking.

A. 
A parking space shall not be less than nine feet by 20 feet exclusive of driveways and accessways. One- and two-family dwellings need not exclude driveway area.
B. 
Off-street parking areas for nonresidential uses shall provide access lanes to parking spaces. Parking areas for 50 or more vehicles shall delineate fire lanes and include "no parking" markings.
C. 
Minimum parking standards:
(1) 
All residential structures; two spaces per dwelling unit.
(2) 
Places of public assembly, to include but not be limited to eating and drinking establishment, tavern, church, club, funeral home, bingo hall: one space for five seats under maximum occupancy.
(3) 
Other uses: The Planning Board shall determine the number of spaces required for commercial uses using the following standard as a beginning guideline in its determination: one space per employee plus one space per each 250 square feet of gross business area.

§ 100-35 Signs.

A. 
Regulations for Commercial and Mixed Use Zones (COM, TR, MX-1 and MX-2 Zones).
(1) 
No moving, flashing, blinking or animated signs are permitted.
(2) 
No sign shall be placed so as to obscure line of sight for traffic, or to otherwise constitute a traffic hazard.
(3) 
No advertising signs unrelated to the use of the premises are allowed.
(4) 
Only the following signs are permitted:
(a) 
Any number of signs attached to a building, provided that such sign(s) shall not protrude above the roof line, nor more than 12 inches from the building.
(b) 
One sign unattached to a building, not to exceed 30 square feet in area, is permitted for each separate establishment located on the property. Such sign shall not exceed 20 feet in height.
(c) 
Governmental signs, temporary signs (30 days or less) advertising institutional events, directional signs less than three square feet in area and "For Sale" and "For Rent" signs.
B. 
Regulations for Residential Zones (R1, R2, R3 and R-3M Zones).
(1) 
General advertising signs are not allowed.
(2) 
One permanent sign is permitted. Such sign shall not exceed six square feet in size for a home occupation and shall not exceed 12 square feet in size for a public or semipublic use.
(3) 
Flashing or moving lights are not allowed.
(4) 
Only unlighted or indirectly lighted signs are allowed.
(5) 
The top of the sign shall not be more than three feet above the ground or, if placed on a building, it shall not protrude above the building.
(6) 
"For Sale" and "For Rent" and other temporary unlighted signs are permitted.
C. 
Any sign erected on, or that projects on or over, the sidewalks, streets or property of the Village of Dannemora shall comply with the requirements of Chapter 76 of the Code of the Village of Dannemora, New York. Any such sign must meet the requirements of both this zoning law and Chapter 76 of the Code.
[Added 5-5-2004 by L.L. No. 2-2004]

§ 100-36 Home occupations.

A. 
No more than one nonmember of the immediate family occupying a dwelling shall be employed as part of the home occupation.
B. 
In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or the emission of sounds or vibrations. No use shall create noise, dust, smell, smoke, glare, electrical interference, fire hazard or other hazard or nuisance in excess of that created by a residence.
C. 
No outdoor display of goods or outside storage of materials used in the home occupation shall be permitted.
D. 
One small commercial type vehicle may be used in conjunction with the home occupation and be parked on the property. Any vehicle requiring a Class 1, 2, or 3 driver's license from the State of New York shall be considered a large vehicle and shall not be permitted.
E. 
No home occupation shall generate traffic or parking in excess of what is normal for a residential use.
F. 
The following uses are not home occupations, and shall comply with all sections of this chapter which govern commercial uses: garages or shops for the repair of motor vehicles, restaurants, commercial stables or kennels, musical and dancing instruction to groups exceeding four pupils, convalescent homes, funeral homes and businesses of a similar nature.
G. 
A home occupation must be conducted within a dwelling which is a bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use.
[Added 5-5-2004 by L.L. No. 2-2004]
H. 
No more than 25% of the gross floor area of such residence shall be used for the conduct of a home occupation. No more than 25% of the floor area of an accessory structure shall be used for a home occupation.
[Added 5-5-2004 by L.L. No. 2-2004]

§ 100-37 Nonconforming uses, lots and structures.

A. 
It is the intent of this section to allow nonconforming uses to continue until they are removed, but not to encourage their survival.
B. 
Lots, structures and uses of land or structures which lawfully existed at the time these regulations were enacted and which would be prohibited or restricted by these regulations may be continued, subject to the following conditions:
[Amended 5-5-2004 by L.L. No. 2-2004]
(1) 
Enlargement. No nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the adoption of these regulations.
(2) 
Interior remodeling. No nonconforming residential structure shall be remodeled in such manner that the number of dwelling units within the structure is increased.
C. 
Unsafe structures. Any structure or portion thereof declared unsafe by proper authority may be restored to a safe condition.
D. 
Restoration. If a building is destroyed by fire, then it may be rebuilt or restored to house the specific use that existed at the time of the fire, but it shall not be rebuilt for any other nonconforming use. [It may be enlarged by the amount permitted in Subsection B(1) above.]
E. 
Discontinuance. Whenever a nonconforming use has been discontinued for a period of one year, the use shall not thereafter be reestablished and all future uses shall be in conformity with these regulations.
F. 
Changes. Once changed to a conforming use, no structure or land so changed shall be permitted to revert to a nonconforming use.
G. 
Moving. Should any structure be moved for any reason, it shall thereafter conform to the district regulations in which it is located after it is moved.
H. 
Manufactured home parks. Nonconforming manufactured home parks shall not be expanded unless the entire park complies with the standards stated in § 100-39.
[Amended 11-4-2020 by L.L. No. 3-2020]

§ 100-38 Fences.

This section shall apply to fences constructed of solid material such that it might obstruct one's vision. That portion of such fence which is constructed forward of the minimum front building setback requirement of Article V shall be no higher than 3 1/2 feet. In any event a fence shall not block the view of a street from the front of a neighboring residence, nor shall it create a traffic hazard.

§ 100-39 Manufactured home parks.

[Amended 11-4-2020 by L.L. No. 3-2020[1]]
A. 
Manufactured home lots shall have an area of not less than 5,000 square feet.
B. 
Each manufactured home lot shall front on a roadway and have a minimum width of 50 feet.
C. 
Each manufactured home shall be located no closer than 20 feet from any other manufactured home or permanent building in the manufactured home park.
D. 
Each manufactured home or other structure shall be at least 40 feet from all boundaries of the manufactured home park.
E. 
A landscaping plan shall be prepared and carried out that will assure the Planning Board that an appropriate planting of trees and shrubs will be included in the park design, including screening where necessary.
F. 
No more than one manufactured home shall be located on any manufactured home lot. Every manufactured home within a manufactured home park shall be located on a manufactured home lot, or temporarily located in a designated storage area shown on the approved site plan approved for said park.
G. 
Each manufactured home must have at least two off-street parking spaces.
H. 
There shall be provision for an adequate supply of water for firefighting purposes, including the installation of hydrants, as necessary.
I. 
All fuel tanks shall be located between the manufactured home and the rear lot lines, or beneath the manufactured home, and shall be concealed from public streets to the extent practical.
J. 
Each manufactured home shall be enclosed at the bottom with a skirt or enclosure made of nontransparent permanent building material, such as metal, cement or building board. The appearance of the skirt or enclosure shall be in keeping with appearance of a residential neighborhood.
K. 
No manufactured home shall be offered for sale, displayed for sale or sold within a manufactured home park unless such manufactured home is located on a manufactured home space, and is connected to an electric utility supply and to a sewer and water supply.
L. 
Every roadway within a manufactured home park shall be designed and constructed to meet the Village of Dannemora highway standards.
M. 
Every roadway within a manufactured home park shall be maintained in good repair and shall be open at all times reasonably possible for travel by occupants of the park and necessary fire, police, ambulances, public utility maintenance and fuel supply vehicles. The park owner shall be responsible for providing and paying the cost of such maintenance and all necessary snow removal.
[1]
Editor's Note: This local law also amended the section title of this section.

§ 100-39.1 Manufactured homes.

[Added 5-5-2004 by L.L. No. 2-2004; amended 11-4-2020 by L.L. No. 3-2020[1]]
A. 
All manufactured homes, whether located within a manufactured home park or individually sited, shall be in compliance with standards equal to or more stringent than the U.S. Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards, 24 CFR Part 3280 (1976) and any amendments and revisions thereto. The permit applicant is responsible for providing adequate evidence that these standards have been complied with. The presence of a permanent certification label affixed to the home by the manufacturer shall be presumptive evidence that the construction of a manufactured home is in compliance with such standards.
B. 
Any existing manufactured home may be replaced with a manufactured home of larger size without obtaining a variance as prescribed by § 100-53 of this chapter, provided that the extent of any existing nonconformity with minimum building setbacks in not increased.
[1]
Editor's Note: This local law also amended the section title of this section.

§ 100-39.2 Condominiums.

[Added 5-5-2004 by L.L. No. 2-2004]
A. 
Requirements of this code, including use restrictions and dimensional requirements, shall be determined by the physical form and proposed use of the development, not by the form of ownership.
B. 
A multiple-family dwelling which is also a condominium development shall meet the standards for a multiple-family dwelling.
C. 
A single-family housing development which is also a condominium development shall meet the lot size and setback requirements for single-family dwellings, and its design and layout shall be approved by the Planning Board in accordance with Chapter 81 of the Code of the Village of Dannemora (Subdivision of Land).
D. 
A cluster development which is also a condominium development shall comply with the regulations for cluster development as provided herein.
E. 
All state regulations pertaining to the creation of a condominium declaration and offering plan and the formation of a Board of Managers for commonly owned property shall be complied with.

§ 100-39.3 Cluster developments.

[Added 5-5-2004 by L.L. No. 2-2004]
A. 
The use of cluster development, whereby buildings are grouped together on smaller than normal lots and portions of the site are set aside as permanent open space, is permitted, subject to the following standards.
B. 
Minimum lot size, minimum lot width, and minimum building setbacks as specified in Article V of this chapter may be reduced, provided that:
(1) 
Three or more dwellings or principal structures are proposed to be placed on a single lot or a subdivision of three or more lots in single ownership or in ownership by a group or three or more owners acting in concert is involved.
(2) 
For residential developments, the total number of dwellings permitted on the site does not exceed the number which would otherwise be permitted by application of the required minimum lot size for single-family dwellings to the site. Wetlands shall be excluded in determining the number of dwellings permitted on the site.
(3) 
The number of principal structures proposed to front on existing public streets does not exceed the number which could otherwise front upon such streets in a conventional subdivision layout designed in compliance with minimum lot width requirements.
(4) 
All proposed land uses within the cluster development are listed as either permitted uses or as special uses in the land use district where the development is located.
(5) 
Open areas within the site are chosen so as to facilitate one or more of the following objectives: to preserve views, to provide recreation areas, to serve as a buffer between neighboring properties or streets, to preserve wooded areas and hedgerows and to preserve other areas which add to the quality of the residential environment, or to protect environmentally sensitive features such as providing green space buffers for streams.
(6) 
Provision, whether by deed restriction, covenant, or other legal arrangement, is made to ensure that the undeveloped portion of the parcel remain as permanent open space or recreation area:
(a) 
Designated open space areas may be owned privately by individuals. Adequate provision shall be made by covenant, deed restriction or other legal means to insure that future owners are aware of the development restrictions upon such areas.
(b) 
Open space or recreation areas may be owned in common by individuals within the subdivision. In such case, covenants or other legal arrangements shall specify ownership of the cluster open space, method of maintenance, responsibility for maintenance, maintenance taxes and insurance, compulsory membership and compulsory assessment provisions, and any other specifications deemed necessary by the Board of Appeals.
(c) 
Open space or recreation areas may be deeded to the Village upon approval by the Village Board.
C. 
Cluster development review and approval shall be undertaken simultaneously with subdivision plat review and approval. All provisions of New York State Village Law, § 7-738 shall apply.
D. 
In their approval of site plans for cluster development, the Planning Board shall maintain accurate records and maps showing the location of permanent open spaces. No further development upon the designated open spaces shall be permitted.

§ 100-39.4 Swimming pools.

[Added 5-5-2004 by L.L. No. 2-2004]
Swimming pods, as defined herein, shall comply with the building setback requirements for accessory buildings on a residential lot as specified in Article V of this chapter.

§ 100-39.5 Conversions and creations of apartments.

[Added 5-5-2004 by L.L. No. 2-2004]
In any case in which an additional dwelling unit is created within an existing structure, building setback requirements, and lot size, lot width, and lot depth requirements for the proposed use, as specified in Article V herein, shall be met.