Deposit City Zoning Code
Article
VI Supplementary Use and Bulk Requirements
§ 140-19 Requirements to be supplementary.
The use and bulk requirements in the Use, Bulk and Parking Table shall be supplemented and subject to the additional requirements in this article and in Article VII.
§ 140-20 Supplementary use requirements for all districts.
A.
Animals. No person, firm or corporation shall keep and maintain any domestic animals in any district other than an R-A District.
B.
Number of principal buildings on a lot:
(1)
There shall be no more than one principal building on any lot containing a single-family detached, single-family semiattached, two-family semiattached or detached or mobile home unit, other than units held in condominium, cooperative or homeowners' association ownership or mobile homes located in a mobile home park. This regulation does not apply to single-family attached units, where ownership of the individual units is maintained by one person. If the single-family attached units are individually owned, then the supplementary regulation restricting the number of principal buildings on a lot shall apply. This regulation does not restrict the number of buildings accessory to an agricultural use on the same site as an above residential use.
(2)
There shall be no limit to the number of principal commercial or industrial buildings on a commercial or industrial lot, except that there shall be no combination of principal commercial buildings and principal residential buildings on any lot other than residential units built over a commercial use.
C.
Trailers, motor homes, mobile homes and boats. It shall be unlawful for any person, firm or corporation to park a trailer, motor home, mobile home or boat on any street, alley, right-of-way or other public place. No trailer, motor home or boat shall be parked, used or occupied on any tract or parcel of land except as herein provided:
(1)
Trailers, motor homes or boats may be placed on a residential lot for the purpose of storage of such trailers, motor homes or boats, but shall not be parked within the required side or rear yard of the premises.
(2)
Mobile homes and trailers may be used as temporary facilities at construction sites after building permits are issued for the proposed principal building and mobile home or trailer. The trailer or mobile home shall be removed upon the expiration of the building permit or upon the issuance of a certificate of occupancy from the administrative officer.
(3)
Mobile homes and trailers may be used as temporary facilities during infrastructure construction in real estate developments after approval of the final development plans by the Planning Board and upon being granted a building permit for the mobile home or trailer. The trailer or mobile home shall be removed at the time of dedication of the abutting street.
(4)
Mobile homes and trailers may be used as temporary facilities for public construction or other public utility construction and may be located on any lot or adjacent to the construction site. The mobile home or trailer may be placed after the acceptance of the contract to start construction and upon being granted a building permit. The mobile home or trailer shall be removed upon final payment for the project and notification by the administrative officer.
(5)
This section does not affect trailer, boat or mobile home sales in a C-H or IND District.
(6)
This section does not affect mobile homes as a permitted use in the R-A District or in a mobile home park.
(7)
The business of conducting, operating or maintaining a mobile home park, as defined in Chapter 120, Trailers and RV Parks, shall be permitted in the C-H and the R-A District and shall be in compliance with the provisions of said chapter. No provision of this chapter shall be construed as precluding the compliance with each, every and all provisions of said Chapter 120, Trailers and RV Parks.
§ 140-21 Supplementary use regulations for residential districts.
A.
Access for attached dwelling units. Dwelling units within a development may be arranged in groups or clusters. Each group or cluster shall abut a street; however, each dwelling unit within each group or cluster need not so abut, provided that each dwelling unit is accessible to service and emergency vehicles. Access to the rear of the lots may be through easements.
B.
Basement. A basement may be allowed to be used as a living and bedroom area, provided that there is direct access from the basement to the outside. A cellar shall not be used as a bedroom area.
C.
Bed-and-breakfasts. Bed-and-breakfasts shall be permitted in all residential zones, provided that the premises are owner-occupied and maintain the exterior appearance of a residential use. One off-street parking space per rented room shall be provided on the premises in addition to the required parking for the permanent occupants of the residence.
D.
Enclosed front porches. Front porches encroaching into the street setback and conforming to this chapter at the time of its adoption shall be considered to be conforming and may be enclosed arid used as additional living space, provided that the following conditions are met:
(1)
The proposed enclosed front porch shall not exceed the dimensions of the existing porch. No additional street setback encroachments, as defined in § 140-25, shall be permitted.
(2)
The additional space shall not be used for conducting a home occupation.
(3)
No appurtenances, including doors, stairs and awnings, shall encroach farther into the remaining street setback than on the existing porch.
E.
Residential garages.
(1)
An attached garage or carport shall be considered an integral part of the principal building and shall maintain the yard or setback requirements of a principal residential building.
(2)
Detached garages are considered accessory buildings and, as such, shall not be built forward of the principal residential building, except that detached garages as accessory buildings to single-family attached and single-family semiattached residential units may be built forward of a principal residential building, but shall maintain the minimum street setback.
F.
Foundations. Every building, remodeled or intended to be used as a residence, shall be built upon foundation walls of concrete, masonry or other acceptable material, extending a minimum of 42 inches below grade.
G.
Roadside stands. Any person within an R-A District may erect a roadside stand and sell agricultural products, most of which are raised on the premises. The stand shall maintain a street setback 20 feet. A parking area of not less than 400 square feet shall be provided adjacent to the stand.
H.
Stables and riding academies. There shall be no stabling of animals or storage of manure or other dust-producing substances within a distance of 100 feet of any lot line. If outdoor lighting is provided for riding trails, the lighting shall be located so as not to be visible at the source from any adjoining property. Screening shall be required between such use and any nonagricultural use on an adjoining property.
§ 140-22 Supplementary use regulations for nonresidential districts.
A.
Adult entertainment businesses. The establishment of certain adult entertainment businesses will tend to result in the blighting and deterioration of the Village. Accordingly, it is necessary that these businesses be regulated in such a manner as to prevent the erosion of the character of the Village. It is necessary to regulate the establishment of such adult entertainment businesses within close proximity to residentially zoned areas, schools, churches, parks and playgrounds so as to minimize the proliferation of criminal activity and a blighting and degrading effect upon surrounding neighborhoods.
(1)
Prohibitions.
(a)
No person shall cause or permit the establishment of any adult entertainment business within 250 feet on any residentially zoned district or within 500 feet of any church, school, park, playground or existing adult entertainment business.
(b)
The establishment of an adult entertainment business shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location to any of the uses included as adult entertainment business.
(2)
Measurement procedures. For the purpose of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building used as a part of the premises for an adult entertainment business to the nearest property line of a residentially zoned district, church, school or to the nearest boundary of a park or playground.
B.
Car washes. Car washes shall comply with the following additional regulations:
(1)
All washing facilities shall be completed within an enclosed building.
(2)
Vacuuming facilities may be outside of the building but shall not interfere with the free flow of traffic on or off the site.
(3)
Where gasoline service stations are either a principal use with or an accessory use to the car wash, the requirements of the gasoline service station shall also be adhered to.
(4)
Discontinuance of use. In the event that a car wash is abandoned, as determined by the administrative officer, the owner shall immediately remove outdoor vacuums, signs and lighting poles. The owner shall also provide adequate protection against unlawful entry into the building and onto the property and shall close all vehicular entrances to the property. A car wash shall be considered abandoned if it is inactive for a period of 12 consecutive months.
C.
Gasoline service stations. Gasoline service stations shall comply with the following additional regulations.
(1)
Use.
(a)
Gasoline service stations shall only be used for the sale of gasoline, oil, grease, batteries, tires and automobile accessories supplied and dispensed directly to the motor vehicle trade at retail and minor repairs. Gasoline service stations shall not be used for major repairs or for any collision service, including body, frame or fender straightening or repairs, painting or paint shop. A car wash may be an accessory use and shall comply with requirements specified for a car wash.
(b)
An accessory convenience food store may be installed in a gasoline service station, provided that there are no facilities for minor repairs on the same premises. Only the sale of prepackaged food and other sundry items shall be permitted. Food prepared for sale on the site shall be permitted, provided that the gasoline service station is completely self service, that no facilities are provided for on-site consumption of the food and that the food preparation facilities meet all the regulations of the Broome County Delaware County Health Department. Off-street parking shall be provided for the convenience food store and shall meet the requirements for a retail store. Access to the parking spaces shall be designed in a manner as to cause no interference with the access to the pump islands and stacking lanes.
(c)
Gasoline service stations may be used, as an accessory use, for the sale, rental or display of automobiles, trucks, trailers, mobile homes, snowmobiles or other vehicles. Off-street parking shall be provided for the vehicular sales/rental use and shall meet the requirements for such use. Access to the parking spaces shall be designed in a manner as to cause no interference with the access to the pump islands and stacking lanes.
(2)
No gasoline service station shall be located closer than 150 feet to any school, church, library, hospital or public recreation area.
(3)
In addition to the setback requirements for the principal building, the following additional requirements shall also be met:
(a)
No gasoline pump shall be closer to any side or rear property line than 50 feet, or closer to the street line than 20 feet.
(b)
All storage facilities for fuel, oil, gasoline or similar substances shall be underground and shall be at least 25 feet from any property line. Tanks shall be installed and maintained in accordance with the standards of the National Board of Fire Underwriters and the following specified standards:
[1]
Prior to installation, the administrative officer shall be provided with a copy of the specifications and the date of the proposed installation. No tank shall be covered until inspected and approved.
[2]
If at any time a leak is detected, the owner shall immediately make the necessary repairs. If, in the discretion of the administrative officer, the condition results in a threat to public safety, the gasoline service station may be shut down until repairs are made.
[3]
For the purpose of required yards and setbacks, pumps and canopies shall be considered structures and shall not be located in any required yard.
(4)
A ten-foot-wide landscaped area shall be provided along all gasoline service station property lines, excluding points of ingress and egress, except when the service station is part of a shopping center.
(5)
Maintenance and operation.
(a)
Gasoline service stations shall be under the control of an attendant at all times during the hours of operation.
(b)
No permitted minor repair work may be performed outdoors. This does not preclude adding oil to motor vehicles, changing windshield wiper blades or other similar activities normally performed in conjunction with the sale of gasoline.
(c)
All vehicles, except vehicles for sale/rent, shall be stored in a building when the station is not open for business, except that licensed vehicles at the station for minor repairs may be left outside; however, no such vehicle shall remain outside longer than 72 hours. At no time shall any unlicensed or dismantled vehicles, tractor trailers or any parts or accessories thereof be outside of a building.
(d)
Rubbish, oil cans, tires, discarded motor vehicle parts and components and other waste materials may be stored up to one month in a completely fenced-in opaque enclosure adjacent to the building, provided that the area of such enclosure shall not exceed 5% of the area of the principal service station building. There shall be no storage of any items, at any time, outside of such enclosure or building.
(6)
In the event that a service station is abandoned, as determined by the administrative officer, the owner shall comply with the New York State Uniform Fire Prevention and Building Code[1] regarding abandonment or removal of underground tanks. The owner shall also remove all signs and lighting poles and provide adequate protection against unlawful entry into buildings and onto the property and shall close all vehicular entrances to the property. A service station shall be deemed abandoned if it is not in active operation for a period of 12 consecutive months.
D.
Junkyards. Junkyards shall be conducted within a structure or lot enclosed by a solid fence at least six feet in height, provided that such structure or fence shall be at least 20 feet from any property line.
E.
Motor vehicle repair garages. Motor vehicle repair garages shall comply with the following regulations:
(1)
No vehicle in for repair may remain outside longer than 10 days.
(2)
Motor vehicle repair garages shall not be used for the storage, sale, rental or display of automobiles, trucks, trailers, mobile homes, boats, snowmobiles or other vehicles.
(3)
No permitted vehicle repair may be performed outdoors.
(4)
Rubbish, oil cans, tires, discarded motor vehicle parts and components and other waste materials may be stored up to one month in a completely fenced-in opaque enclosure adjacent to the building, provided that the area of such enclosure shall not exceed 5% of the area of the principal service station building. There shall be no storage of any items, at any time, outside of such enclosure or building.
F.
Vehicle body/fender work. Vehicle body/fender work establishments shall comply with the following regulations:
(1)
No vehicle in for repair may remain outside longer than 10 days.
(2)
Vehicle body/fender work establishments shall not be used for the storage, sale, rental or display of automobiles, trucks, trailers, mobile homes, boats, snowmobiles or other vehicles.
(3)
No permitted vehicle repair may be performed outdoors.
(4)
Rubbish, oil cans, tires, discarded motor vehicle parts and components and other waste materials may be stored up to one month in a completely fenced-in opaque enclosure adjacent to the building, provided that the area of such enclosure shall not exceed 5% of the area of the principal service station building. There shall be no storage of any items, at any time, outside of such enclosure or building.
G.
Open-air/drive-in theaters. Open-air/drive-in theaters shall comply with the following regulations:
[Added 2-23-2021 by L.L. No. 1-2021]
(1)
Projection screens and parking areas shall be no closer than 50 feet to any street line and no closer than 100 feet to a residential district.
(2)
Projection screens shall not be visible from any adjacent street.
(3)
All parking areas, accessways and driveways shall be treated with dustless material.
(4)
Loudspeakers shall be limited to the individual type, designed to be heard by the occupants of one car.
(5)
Entrances and exits shall connect only to public streets and shall be designed so as not to interfere with or impede traffic flow.
(6)
Off-street car reservoir spaces shall be provided to accommodate no less than 5% of the open-air/drive-in theater's parking capacity.
§ 140-23 Residential street setbacks.
Where 50% or more of the aggregate street frontage on one side of a street, as measured 100 feet on each side of the lot and in the same block is occupied by buildings, and the average street setback of the existing buildings is less than the required minimum street setback, the minimum street setback for any new construction shall be the average setback of the existing buildings located on lots within 100 feet of the, proposed lot to be developed. The measurements shall be made in each direction along the one side of the block.
§ 140-24 Minimum lot width at front lot line.
The minimum lot width at the front lot line shall be no less than the greater of half the minimum lot width required by the applicable zoning district or 15 feet.
§ 140-25 Street setback encroachments.
The street setback shall be unobstructed except as provided in this section:
A.
Unroofed stairs and uncovered landings shall be permitted, provided that it does not extend a distance greater than five feet into the street setback.
B.
An awning or movable canopy shall not project more than 10 feet on a residential building. On a nonresidential building, the marquee or awning may project to the street line, provided that there is a clear height under the permitted encroachment of 10 feet.
C.
Eaves, gutters, chimneys and bay windows shall not project more than two feet into the street setback.
D.
Open fire escapes shall not project more than four feet into the street setback.
E.
A gatehouse or watchman's post shall be permitted as an accessory structure to a commercial or industrial use in a C-H or IND District. The gatehouse or watchman's post shall not encroach upon the street property line.
§ 140-26 Side and rear setback encroachments.
Within R-A, R-1, R-2 and R-M Districts, eaves, chimneys, gutters and bay windows shall not project more than two feet into the side and rear setback.
§ 140-27 Obstructions in side and rear yards.
The required side and rear yards, as designated in the Use, Bulk and Parking Table,[1] shall be unobstructed by any buildings or uses, except for plantings, screening, fencing, driveways and directional signs for the control of traffic within a parking facility.
[1]
Editor's Note: The Table of General Use, Bulk and Off-Street Parking and Stacking Space Requirements is included as an attachment to this chapter.
§ 140-28 Exemptions from side and rear yards.
No side and rear yard shall be required where such yard abuts the right-of-way of a railroad, limited access highway or utility transmission line, provided that such right-of-way shall be at least 50 feet in width.
§ 140-29 Side yard setback requirements in C-B, C-H and IND Districts.
In order to build on the side property line as permitted in the Use, Bulk and Parking Table,[1] the building shall be of masonry construction and shall have parapet walls at least two feet above the highest point of the roof surface.
[1]
Editor's Note: The Table of General Use, Bulk and Off-Street Parking and Stacking Space Requirements is included as an attachment to this chapter.
§ 140-30 Height exceptions and yard requirements.
A.
No accessory building, in any zoning district, shall have a height in excess of 25 feet. Accessory buildings shall comply with the side yard, rear yard and street setback requirements of the district in which said accessory use is located and with § 140-31B of this chapter. No building height limitation contained in this chapter shall restrict the height of the following buildings or structures:
(1)
Barns, silos and other agricultural buildings.
(2)
Church spires, cupolas, domes, belfries and flagpoles.
(3)
Chimneys, elevator or stair bulkheads, water tanks or cooling towers.
(4)
Radio or television antennas, utility transmission lines or cables.
(5)
Passive and active solar equipment, provided that the placement of the equipment does not deprive the adjoining property owners of access to solar skyspace.
B.
None of the exceptions to the height regulations shall be used for human occupancy.
§ 140-31 Distance between buildings on same lot.
A.
Distance between principal buildings. No detached principal building shall be closer to another principal building on the same lot than the average heights of the buildings. For principal buildings set side by side, the distance between the buildings shall be no less than the average heights of the principal buildings or the combined side yard setback of the two buildings as if they were built on separate lots, whichever is less. In residential districts, where the residential units are owned through condominium cooperative or homeowners' association ownership, the residential unit shall retain all bulk requirements of its appropriate district as if there were lot lines for each unit.
B.
Distance between principal building and accessory building. No accessory building shall be any closer to any principal building or to another accessory building on the same lot than a distance equal to the height of the taller of the accessory buildings. Accessory buildings, other than detached accessory garages, shall be located to the rear of the principal building.
§ 140-32 Use of small lots.
Any parcel of land with area or a width less than that prescribed for a lot in the district in which it is located, which at the time of the adoption of this chapter was under one ownership and when the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the district, provided that all other regulations prescribed for the district by this chapter are complied with.
§ 140-33 Semiattached and attached residential unit minimums.
In order for a residential building to be considered a semiattached structure, units on both sides of the party wall shall be built simultaneously. Single-family attached units shall be flanked by single-family semiattached units at each end.
§ 140-34 Maximum contiguous single-family attached units.
There shall be no more than 12 contiguous single-family attached residential units.
§ 140-35 Perimeter strip requirements.
§ 140-36 Landscaping maintenance.
It is the duty of the property owner to erect, repair and replace all screening and landscaping facilities which were required to be placed on the property pursuant to the conditions or requirements of any building permit, certificate of occupancy, site plan approval, special permit, variance, zone change or other requirements of any board, agency or official of the Village of Deposit, pursuant to this chapter. The voluntary inclusion of screening and landscaping facilities in any application, plans, specifications or statements by an applicant shall be deemed to be a condition or requirements of the official approval of the application.
§ 140-37 Visibility at intersection.
[Amended 6-23-2009 by L.L. No. 3-2009]
On a corner lot in any district, no motor vehicle, structure, planting, or other obstruction to vision more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining the street lines at a point which is 25 feet in distance from the point of intersection measured along the street lines. Measurement of the height shall be from the grade of the abutting top of the curb or from the crown of the abutting road if there is no curbing. No ground sign or solid fences over three feet in height shall be permitted in the triangular area. Split rail fences, cyclone fences or other similarly open fences are permitted in the triangular area, provided that they do not create a traffic hazard or block visibility. Branches or foliage of trees shall not be permitted less than 10 feet above the ground.
§ 140-38 Fences.
A.
Fences shall not be considered structures under this chapter and, as such, may be erected in any district, subject to the provisions of this chapter.
B.
In residential districts, no fences shall be constructed, established or built in excess of eight feet in height, with the exception of tennis or recreation courts, which fencing may be 12 feet in height. In nonresidential districts, fences may be constructed, established or built up to 10 feet in height above the average natural grade, provided that they do not create a traffic hazard.
C.
Except for animal husbandry, stables, riding academies and kennel uses in an R-A District, barbed wire and electrically charged fencing are prohibited. Barbed wire can also be used in nonresidential districts, provided that the barbed wire starts at least six feet in height above the grade.
D.
All fences shall be erected within the property lines, and no fence shall encroach upon a public right-of-way.
E.
These restrictions shall not be applied so as to restrict the erection of a wall for the purposes of retaining earth.
F.
All swimming pools shall be surrounded by a fence as provided in Parts 720 and 744 of the New York State Uniform Fire Prevention and Building Code.
G.
Every fence shall be maintained in a safe, sound and upright condition. No fence shall be erected which will create a safety problem for people using the public right-of-way.