Fort Plain Village City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 192-19 Access to improved street.
In any district, a lot to be used for building purposes shall have direct frontage on an improved street or highway or on a street in a subdivision plat approved by the Planning Board.
§ 192-20 Lots in two districts.
Where a district boundary line divides a lot in one ownership at the time of adoption of said district line, the regulations for the less restricted portion of such lot shall extend a minimum of 30 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.
§ 192-21 Drive-in food services.
Any drive-in food-service building shall be located 60 feet or more from any public right-of-way. Such businesses, where persons are served in automobiles, shall be not closer than 200 feet to a residential district. Arrangements of ingress and egress of vehicles, lights, fences and screening shall be approved by the Board of Appeals in such a way as not to interfere with uses in the residential district.
§ 192-22 Accessory buildings.
Number. On any lot intended or used primarily for residential purposes, an accessory building such as a private garage for use in connection with the principal dwelling is permitted.
Height. The maximum height of accessory buildings shall be one story or 15 feet, except that there shall be no height limitations on barns, silos and other farm structures.
Location. Accessory private garage buildings in residential districts which are not attached to a principal building may be erected within the rear yard in accordance with the following requirements:
Rear yard. Said building shall be five feet from side or rear property line, except when abutting an alley, then 10 feet.
Side yard. The street side of a corner lot shall be the same as for a principal building.
Said building shall not be closer to a principal or accessory building than 10 feet.
In any district, accessory buildings other than private garages shall comply with front and side yard requirements for the principal building to which they are accessory and shall be not closer to any rear property line than 10 feet.
Attached accessory building in residence district. When an accessory building is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
§ 192-23 Commercial excavation.
Except when incidental to the construction of a building on the same lot, the excavation, processing or sale of topsoil, earth, sand, gravel, clay or other natural mineral deposits or the quarrying of any kind of rock formation hereafter shall be conducted only in the Agricultural District, subject to a permit granted by the Village Board, and in compliance with Subsection B(1) through (4).
Before issuing a permit for such use, the Village Board shall find that such excavation or quarrying will not endanger the stability of adjacent land or structures nor constitute a detriment to public welfare, convenience or safety by reason of excessive dust, noise, traffic or other condition. The Village Board may specify any reasonable requirements to safeguard the public health, safety and welfare in granting such permit, including the following:
The slope of material in such topsoil, sand, gravel, clay or other earth shall not exceed the normal angle of repose of such material.
The top and the base of such slope shall not be nearer than 50 feet to any property line nor nearer than 200 feet to the right-of-way line of any street or highway.
A plan for restoration and rehabilitation of a commercial earth excavation area or borrow pit shall accompany the application for a permit and shall assure conformance with the public health, safety and welfare. The Village Board, upon approval of such plan, shall require a performance bond to assure rehabilitation of commercial excavation sites in conformance therewith.
A plan for safeguarding the public health, safety and welfare in commercial rock or mineral excavation areas shall accompany the application for a permit and shall be approved by the Village Board.
§ 192-24 Dumps and junkyards.
No dump, junkyard or automobile wrecking yard shall be established or maintained within 200 feet from any highway or property line. A permit for any such use shall be obtained from the Village Board subject to any regulations the Board may prescribe for the public health, safety and welfare and to any conditions that the Board may impose in connection with a particular permit. The storing or abandonment for a month or more of two or more unlicensed or unregistered motor vehicles, other than farm vehicles, not in operating condition, shall be deemed to be a junkyard. Any of the uses referred to in this section shall be subject to the requirement that such dumping or junkyard will not be objectionable by reason of dust, fumes, odors, smoke, vermin or otherwise detrimental to the public health, safety or welfare and will not interfere with drainage so as to be injurious to adjacent land or buildings.
§ 192-25 Signs.
No person shall erect, construct or use any billboards, signs or other advertising media of a similar nature in, upon or near the streets and public places in the village without first obtaining a permit therefor from the Village Board upon payment of a fee as set forth by resolution of the Board of Trustees.[1]
Signs shall comply with the following regulations:
In R-1, R-2 and R-3 Residential and A Agricultural Districts:
Nonilluminated and nonadvertising signs are permitted as follows:
One nameplate, identification or professional sign not to exceed two square feet of sign area showing the name or permitted home occupation or the occupation of the occupant of the premises.
One sign not to exceed six square feet of sign area during and pertaining to the sale, lease or rental of the land or building.
One temporary sign not to exceed six square feet of sign area during and pertaining to construction, repairs or alterations on the property.
Institutional or religious announcement signs not to exceed 15 square feet in area.
The above signs shall not be located in any required yard.
Two farm products signs, each not exceeding six square feet in area, may be displayed on the property but only when such products are on sale.
In C-1 and C-2 Commercial and M-1 Manufacturing Districts, nonflashing, nonadvertising signs are permitted as follows:
A business sign or signs directing attention to a business or profession conducted or a commodity, service or entertainment offered or sold on the premises shall be permitted. Such sign or signs shall not exceed the aggregate of 32 square feet in area for hanging, wall and pedestal signs, and no such sign shall project into or over the public right-of-way nor above the roof line. In the case of a shopping center or other group of related buildings, in addition to the general sign, each individual unit may display an identification sign affixed flat against the wall of the building which shall not exceed one square foot of sign for each foot of building frontage.
If illuminated, the source of light shall not be visible.
Nonilluminated real estate signs not over 16 square feet in aggregate area advertising the sale, rental or lease of the premises on which they are located are permitted, but not in any required yard.
In the P-H Planned Historical Districts, a business sign is permitted as follows: