Eaton Town City Zoning Code
ARTICLE V
Supplementary Regulations
§ 120-13 Additional regulations for all lots.
This article provides for the safety of the occupants of buildings and of those who use the roads. Those who build, buy, use, repair or remodel any buildings shall observe the standards published by New York State under the Model Housing Code, the Uniform Fire Prevention and Building Code, the State Code for Construction and Installation of Mobile Homes and all other applicable codes.
§ 120-14 Obstruction of vision.
On a corner lot, there shall be no obstruction of vision creating a safety hazard for anyone using the intersecting roads. The determination of an appropriate "clear zone" shall be made by the Code Enforcement Officer and County or Town Highway Superintendent.
§ 120-15 On-premises parking space for vehicles.
The following minimum parking spaces shall be provided on the premises:
A.
One- and two-family dwelling units: two per dwelling unit.
B.
Multifamily dwelling unit: two per dwelling unit plus one extra for service and guests for each three dwelling units.
C.
Hotels, motels, tourist homes and boardinghouses: one per guest room, plus one per staff based on maximum staffing expected, plus one for service.
D.
Other businesses: one per 100 square feet of customer floor space, or as required by conditions of the special permit.
E.
Public assembly, government buildings and outdoor recreation: as required by conditions of the special permit.
§ 120-16 Performance standards.
In all districts, any use that endangers the health, safety or welfare of any person is prohibited. The Planning Board, through the special permit process, shall decide whether proposed uses meet reasonable standards for such purposes. Such standards may apply to noise, odor, dust, dirt, smoke, noxious gases, building vibrations, excessive outside lighting, dangerous glare or other impairment of vision, contamination of soil and open water systems and other physical conditions.
§ 120-17 Storage of flammable liquids, chemicals and explosives.
The design, construction, maintenance and operation of storage facilities for flammable liquids, chemicals and explosives shall comply with all applicable state and federal laws, codes and regulations.
§ 120-18 Junkyards.
A.
Commercial junkyards. Operation of a junkyard for commercial use requires a special permit, as well as a junkyard license.
B.
Screening. New and existing junkyards visible from an adjacent public road shall be screened on all sides by a fence and/or evergreen trees to provide a visual barrier not less than six feet high. Any man-made barrier, including a fence, shall not be closer to the lot line than specified for other business or commercial structures in the Land Use Schedule.
§ 120-19 Extraction of topsoil, sand, gravel or stone.
Operation of a mine for other than personal, noncommercial use constitutes a business and requires a special permit. All land owners shall comply with the New York State Mined Land Reclamation Law (Chapters 1043 and 1044)[1] which requires that operators who mine more than 1,000 tons of minerals from the earth within 12 successive calendar months must obtain a permit for such operations from the New York State Department of Environmental Conservation.
[1]
Editor's Note: See Environmental Conservation Law § 23-2703 et seq.
§ 120-20 Conservation of steep slopes.
The construction of new buildings, roads and other facilities on slopes of 15% or more grade (15% equals a 11/2 foot rise in 10 feet horizontal distance) shall require a special permit, and a performance bond or other security may be required. Logging on such areas shall comply with New York State Department of Environmental Conservation regulations.
§ 120-21 Public utilities and services.
All new construction and erection of public utilities and services, except hookups to single customers from existing facilities, require the granting of a special permit. This applies to, but is not limited to, those utilities that furnish power, fuel, water, communications and such public services as fire, police, solid waste disposal and premises for government agencies.
§ 120-22 Buildings and sites of historic or natural value.
All buildings and sites that are now or hereafter designated by the Town Board as sites of historic or natural value shall require a special permit before alteration or destruction.
§ 120-23 Nonconformities.
For purposes of this section, a nonconformity is defined as any structure, lot or use, which does not conform to the regulations as set forth in this chapter for the district in which it is situated, but which lawfully existed prior to the enactment of this chapter or any revision or amendment thereto, and which is maintained after the effective date thereof, although it does not conform to the use or area regulations of the district in which it is located.
A.
Policy. It is the intent of this section to permit nonconformities to continue, but not encourage their survival, where such nonconformities do not endanger the public health, safety and welfare.
B.
Nonconforming uses. All lawful uses existing at the time of the enactment or amendment of this chapter may be continued even if such uses do not conform with the provision of this chapter, provided that:
(1)
No nonconforming use shall be extended, expanded or enlarged into any building or lot, or portions thereof, not used for such purposes at the effective date of adoption or amendment of this chapter without a special permit. However, a nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of the enactment or amendment of this chapter.
(2)
No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter without a special permit.
(3)
If any such nonconforming use ceases for any reason for a period of one year or more, such use shall not be reestablished without a special permit. Intent to reestablish or resume a nonconforming use shall not confer the right to do so. In case of a nonconforming business or commercial use, if the structure remains closed for business for a period of one year or more, the nonconforming use shall be regarded as ceased. Any previously issued special permit in conjunction with this section shall also cease.
(4)
No such nonconforming use shall be restored or structurally altered in any way that will increase its degree of nonconformance without a special permit. A nonconforming use may be structurally altered or renovated so as to decrease its degree of nonconformance.
(5)
Any nonconforming building or use, if changed to conform to the requirements of this chapter, shall not thereafter be changed back to a nonconforming building or use.
C.
Nonconforming buildings. A nonconforming building may be continued, repaired, structurally altered, moved, reconstructed or enlarged, provided that action does not increase the degree of or create any new nonconformity. A building which contains a use allowed in its district by special permit may be repaired, structurally altered, moved, reconstructed or enlarged after review and issuance of a new special permit, provided that the action does not increase the degree of or create any new nonconformity.
D.
Nonconforming lots. Any lot which was duly approved prior to this chapter and which has an area less than required by this chapter may be used for any permitted purpose if:
(1)
The owner, on the effective date of this chapter, has no adjoining land which would permit the owner to make the lot conforming, and if all other zoning and planning requirements are satisfied; or
(2)
The owner obtains a variance pursuant to the provisions of Article VII for any setback, frontage, lot coverage or other requirement of this chapter (other than lot size) which can not be met. Such a variance may only be granted if the applicant demonstrates that all requirements of New York State law relating to residential lots (such as percolation, sewage disposal and water supply) can be satisfied.
E.
Creation of nonconforming lots by reduction of lot area. No nonconforming lot shall be created where no nonconforming lot existed prior to the passage of this chapter. No lot shall be so reduced in area that the total area, yard setbacks, lot width, frontage, coverage or other requirements of this chapter shall be less than herein prescribed for each land use district without a variance. The provisions of this section shall not apply when part of a lot is taken for a public purpose.