Dickinson City Zoning Code
ARTICLE IV
Standards
§ 600-12 Operation within limits; safeguards and conditions.
Land uses in all districts shall operate within the limits specified, as follows, as safeguards and conditions for the protection of the community welfare.
A.
Parking. Each land user shall hereafter provide sufficient suitable on-site parking spaces to prevent any necessity for off-site parking, as required by this chapter.
B.
Fire and safety hazards. All buildings, operations, storage, waste disposal, etc., shall be in accordance with applicable provisions of the New York State Uniform Fire Prevention and Building Code.
[Amended 11-9-2009 by L.L. No. 5-2009]
C.
Waste disposal and storage of material. The dumping of refuse, rubbish, garbage, waste material or other substances is prohibited in all restricted districts within the Town. The dumping of clean fill is permitted as set forth in § 462-8 of the Town Code. Any such fill is to be leveled and when such fill is completed it shall be covered with at least four inches of clean earth. No materials of any kind shall be stored outdoors on the premises in any restricted districts, except for the construction of a structure to be actually erected on the premises upon which the materials are stored within a period of one year from the date of such storage, unless a permit is granted therefor by the Board of Appeals.
[Amended 12-12-2016 by L.L. No. 7-2016]
D.
Visibility at intersections. On corner lots, clear vision shall be maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 20 feet distant from the point of intersection, measured along said street lines. In such area no shrubbery, fence or other obstruction shall be permitted higher than three feet from the accepted street grade, nor shall branches or foliage of trees be permitted less than 10 feet from the ground.
E.
Minimum lot size. The minimum lot size required for those parcels without public sewer service and thus requiring the use of a septic system shall be a minimum of 40,000 square feet.
[Added 4-12-2004 by L.L. No. 2-2004]
§ 600-13 Permits.
A.
The administrative officer charged with the administration and the enforcement of this chapter shall, where the provisions of this chapter are complied with, under such rules and regulations as the Board of Appeals may prescribe, issue permits or certificates as follows:
B.
A permit for use shall be issued by the Enforcement Officer for the erection or alteration of structures and the use of the premises for uses complying with the provisions of this chapter. No structure shall be erected, altered, moved or demolished or the premises used until such a permit is issued.
C.
A permit for occupancy shall be issued by the administrative officer upon the completion of a structure erected or altered for the occupancy of the structure and the use designated in the permit for use, provided that the structures and the premises are actually devoted to a use permitted by this chapter, and provided that other restrictions have been complied with. No structure shall be occupied or the premises used until such a permit is issued, except where the use has been established.
D.
A temporary permit may be issued by the Board of Appeals granting special temporary permit for a period of not to exceed five years for use or occupancy for a nonconforming use designated in such permit within any district. Such a permit shall be limited as to time and may be extended, but in no event shall any one extension be made for a period in excess of one year. Upon expiration of such temporary permit and any extension thereof, the nonconforming use permitted thereby shall thereupon cease.
E.
A certificate of existing use may be issued by the administrative officer upon the request from the owner of premises, certifying that existing use of the premises is lawful under the provisions of this chapter.
F.
Any construction within Residence R-MH District shall be regulated by Chapter 389, Mobile Homes and Mobile Home Parks, of the Code of the Town of Dickinson.[1]
[Amended 9-15-1986 by Ord. No. 86-4]
[1]
Editor's Note: Original § 108-12, Fees for permits, which immediately followed this subsection, was repealed 2-8-1995 by Ord. No. 1-1995.
§ 600-14 Site plan review and approval.
All permitted uses requiring site plan review as listed in the Schedule of Zoning Regulations[1] shall be reviewed and approved before a building permit is issued for the erection or alteration of said use. The site plan shall be reviewed by the Town Planning Board in accordance with the following procedures and/or standards:
A.
Submission of site plan. A site plan for a tract or lot shall be submitted to the Town Planning Board at a scale of one inch equals 50 feet or at a scale of fewer feet to the inch. As a minimum, the following information shall be submitted to the Planning Board:
(1)
Preliminary architectural drawings, including elevations, showing the use, location and dimensions of proposed buildings and open spaces.
(2)
A proposed layout of streets and other vehicular circulation facilities, including the location and width of driveways on the site, loading and maneuvering areas, ingress and egress to existing and prospective streets and highways.
(3)
The amount, location and dimensions of off-street parking and loading areas and access thereto.
(4)
The location and arrangement of landscaping to provide an effective natural screen between residential and nonresidential uses along the lot line.
(5)
Parking and off-street loading shall be placed to the side or rear of the principal building unless modified by the Town Planning Board.
(6)
A storm drainage plan showing the collection and disposal of stormwaters, including grading drainage plan, pertinent soil characteristics and watercourses, or, if applicable, a stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 476, Stormwater Management and Erosion and Sediment Control, of the Code of the Town of Dickinson. The approved site plan shall be consistent with the requirements of Articles I and II of Chapter 476, Stormwater Management and Erosion and Sediment Control.
[Amended 7-9-2007 by L.L. No. 6-2007]
(7)
A plan showing the water system.
(9)
A landscaping plan, showing the size, location and species of all plant material to be used, except that such plan may be waived by the Planning Board upon request.
[Added 5-11-1981]
B.
Site plan approval.
(1)
The Town Planning Board shall review said site plan and any additional data requested before approval or approval with stated conditions, or disapproval with stated reasons is given and shall consider the achievement, without limitations thereto, of the following objectives:
[Amended 9-15-1986 by Ord. No. 86-4]
(a)
A harmonious relationship between such uses and uses located in adjacent districts.
(b)
The maximum safety of vehicular ingress to and egress from the site to existing and prospective streets and highways.
(c)
The maximum adequacy of interior circulation, parking and loading facilities with particular attention to vehicular and pedestrian safety.
(d)
The adequacy of transitional landscaping and setbacks in regard to achieving maximum compatibility and protection to adjacent residential districts.
(e)
A written report from a qualified engineer regarding the sufficiency of said storm drainage plan.
(2)
Should changes or additional facilities be requested by the Town Planning Board, final approval of the site plan shall be conditional upon the satisfactory compliance by the applicant to said changes or additions.
C.
Building permit. Building permits shall be issued in accordance with an approved site plan, which shall be transmitted by the Town Planning Board to the Enforcement Officer.
D.
Changes. An applicant wishing to make changes in a duly approved site plan shall reappear to obtain the Town Planning Board's review and approval and thereafter make application for a new building permit.
[1]
Editor's Note: See Schedule of Zoning Regulations at the end of this chapter.
§ 600-15 Special permit standards.
A.
Uses permitted after the issuance of a special permit by the Zoning Board of Appeals shall conform as follows:
B.
Professional offices. A professional office may be permitted in residential districts, provided that:
[Amended 7-13-1992 by Ord. No. 5-1992]
(1)
The professional offices shall consist of the inhabitants of the household and not more than one noninhabitant.
(2)
Off-street parking shall be provided for the residential use and the professional office use in accordance with § 600-33.
(3)
The professional office shall be clearly incidental and secondary to the residential occupancy and the use shall be conducted entirely within the principal building.
(4)
The Town Board shall review the site and make a determination that the use will not constitute a traffic hazard. Conditions may be placed on the special permit, if deemed necessary by the Town Board.
[Amended 5-13-2002 by L.L. No. 3-2002]
(5)
Permitted professional offices include but shall not be limited to the offices of lawyers, accountants, doctors, engineers, dentists, architects, realtors and insurance agents.
C.
Public utility, other service facilities. Public utility, other service facilities may be permitted upon issuance of a special permit, provided that:
[Amended 5-6-1992 by Ord. No. 4-1992]
(1)
Substations shall be enclosed within an opaque fence set back from property lines in accordance with the yard requirements as set forth for principal structures for the district in which said facility is located.
(2)
Landscaping shall be provided around substations in conformity with approved landscaping plans submitted as part of the special permit application.
(3)
The facilities shall not include offices, storage areas or structures unless allowed by the applicable zoning requirements for the district within which the facility is located.
(4)
At no point at the boundary of the site of said facilities shall the sound pressure levels exceed tolerable levels in accordance with accepted standards as determined by the County Health Authorities.
(5)
The proposed use and location shall be referred to the Town Planning Board for recommendations.
[Amended 5-13-2002 by L.L. No. 3-2002]
(6)
High-voltage electric transmission lines in the R-1, R-2, R-M, R-MH and PUD Residential Districts shall be placed underground, unless it is determined, in the course of the special permit application review, that placement above ground will not alter the aesthetic qualities or the physical or environmental conditions in the neighborhood.
D.
Nursing, rest or convalescent homes, hospitals or medical arts buildings. Nursing, rest or convalescent homes, hospitals or medical arts buildings may be permitted in the R-M District, provided that:
[Amended 7-13-1992 by Ord. No. 5-1992]
(1)
No principal building shall be located closer than 20 feet to any lot line which is not a street line.
(2)
The location shall be such as to offer reasonable protection to the neighborhood against possible detrimental effects, taking into consideration the physical relationships to surrounding properties and access to the site over any nearby residential streets. The Town Board shall determine appropriate safeguards after review of the site plans.
[Amended 5-13-2002 by L.L. No. 3-2002]
E.
Conversions of an existing dwelling into not more than three dwelling units are permitted when:
[Added 5-11-1981]
(1)
At least 1 1/2 off-street parking spaces per dwelling unit can be provided (the total shall be rounded to the next higher number).
(2)
No more than 50% of any required front yard area is used for parking and access drives. Any area not so used shall be landscaped with trees, shrubs and lawn.
(3)
At least 75% of the side yard requirements of the district can be complied with.
(4)
Each dwelling unit thereby created contains not less than 350 square feet of habitable floor area.
F.
Wholesale trade or business, light manufacturing, processing or fabricating is permitted in the C-1 District when:
[Added 5-11-1981]
(1)
A site plan has been approved by the Planning Board in accordance with the provisions of § 600-14 of this chapter.
(2)
No more than one access from the road to each use or parcel shall be provided, except that an additional access may be permitted if the Planning Board determines that this is required for safety and that no other design solution is possible. Such access shall be no wider than 30 feet and shall be clearly defined by concrete curbs.
(3)
An eight-foot landscaped strip adjacent to the front lot line shall be provided and planted with trees and shrubs. Development or parking within such strip shall not be permitted.
(4)
All parking areas are to be drained and surfaced with a hard, dust-free material.
(5)
All outdoor lighting sources shall produce no glare on nearby properties.
(6)
No more than two identification or business signs shall be permitted on any single property, one of which may be freestanding. The total combined area of all signs shall not exceed 150 square feet, and no sign shall be higher than 15 feet above the ground surface. If illuminated, no sign shall be flashing or otherwise animated.
G.
Multiple-family and apartments, business and professional offices are permitted in the C-2 District when:
[Added 5-11-1981]
(1)
A site plan has been approved by the Planning Board in accordance with the provisions of § 600-14 of this chapter.
(2)
No more than 60% of any required front yard area is used for parking and access.
(3)
No parking space is located less than 10 feet from the road right-of-way.
(4)
No more than one point of access per lot shall be permitted, and no curb cut shall be wider than 30 feet.
(5)
All front yard area not used for access and parking shall be landscaped with trees, shrubs and lawn.
H.
Animal husbandry may be permitted in an RM District, provided that:
[Added 8-11-1997 by L.L. No. 2-1997]
(1)
The minimum size lot for animal husbandry usage (whether principal or accessory) shall be 15 acres.
(2)
The animal husbandry use may be either a principal or accessory use with a single- or two-family residence on the lot.
(3)
Shelter buildings for animals shall maintain a front setback of 100 feet and a side and rear setback of 50 feet from the property line.
(4)
Grazing and pasturing of animals shall not be permitted within 100 feet of the front setback and 30 feet from the side and rear property lines.
(5)
Any application for a special permit pursuant to this subsection shall be referred to the Town Planning Board for review and recommendation.
I.
Educational and religious uses.
[Added 2-11-2013 by L.L. No. 1-2013[2]]
(1)
By this subsection, it is the intent of the Town Board of the Town of Dickinson to utilize the zoning authority to establish a sensible regulatory scheme in regard to the introduction or expansion of religious or educational uses in the Town. The several provisions hereof are designed and intended to strike a fair and appropriate balance between the needs and rights of educational and religious institutions that desire to establish new facilities or expand existing ones in the Town and the concerns of the surrounding Town inhabitants about the potential adverse effects on the quality of life that these uses may engender.
(2)
This legislation fully recognizes the settled public policy in the State of New York that systematic exclusion of religious or educational institutions from a zoning district is beyond the power of any municipality, because such uses are always presumed to be in furtherance of the public health, safety, and morals. However, it is equally established in New York that this presumption is subject to rebuttal on a case-by-case basis by a substantial showing that a proposed religious or educational use at a particular location would actually have a net negative impact on the surrounding neighborhood. Some specific instances in which religious or educational uses may be found to have negative effects are where they may impose:
(3)
This legislation accommodates the competing interests as aforesaid by establishing a reasonably drawn special permit requirement for applications seeking to establish or expand religious or educational uses in the Town, to be implemented by the Town Zoning Board of Appeals.
(4)
Ultimately, the governing standard to guide the Zoning Board of Appeals' deliberations in passing on the merits of such applications shall be the protection of the public's health, safety, welfare and morals. Where it may be shown that a proposed religious or educational use or accessory use will sufficiently detract from the public's health, safety, welfare or morals, an application for a special exception to establish or expand the institution may properly be denied by the Zoning Board of Appeals. In less adverse cases, appropriate restrictions may be imposed in the form of conditions to be attached to the grant of a special exception permit limiting either the extent of the religious or educational use itself or the nature and/or extent of its proposed accessory uses, if any. In any event, such conditions shall be reasonably drawn to counteract the deleterious effects on the public's welfare, but not, by their cost, magnitude or volume, to operate indirectly to exclude the religious or educational use altogether.
[2]
Editor's Note: This local law also provided for the redesignation of former Subsection I as Subsection J.
J.
If applicable, a stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 476, Stormwater Management and Erosion and Sediment Control, of the Code of the Town of Dickinson shall be required for uses allowed by special permits. The requested special use shall be consistent with the requirements of Articles I and II of Chapter 476, Stormwater Management and Erosion and Sediment Control.
[Added 7-9-2007 by L.L. No. 6-2007]