Green Island City Zoning Code
ARTICLE V
Provisions Applicable to All Districts
§ 169-30 Off-street parking.
A.
For every building hereafter erected, altered or changed in use, there shall be provided parking spaces as set forth below:
(2)
Hotels, motels and tourist homes and boardinghouses: one parking space, plus one space for every guest room.
(3)
Nursing homes or hospitals: one parking space, plus one space for every two beds.
(4)
Places of public assembly: one parking space for every 10 seats or one parking space for every 100 square feet of floor area, whichever is less.
(5)
Business, professional and medical offices: one parking space, plus one space for every 200 square feet of office area.
(6)
Commercial and business, in groups over 20,000 square feet of business floor area: one parking space for every 100 square feet of business area.
(7)
Commercial and business, individual establishments on separate lots: one parking space for every motor vehicle used directly in the business, plus one parking space for every 200 square feet of business area.
(8)
Restaurants and eating and drinking establishments: one parking space for every five seats.
(9)
Industrial, wholesale, warehouse, storage, freight and trucking uses: one parking space for every motor vehicle used directly in the business, plus additional parking as required by the Planning Board.
(10)
Unspecified uses: as required by the Planning Board based upon use intensity, turnover, customers, employees and vehicles used.
§ 169-31 Off-street loading.
Every building occupied for the purpose of business or industry shall provide adequate space for the off-street loading and unloading of vehicles.
§ 169-32 Modification of parking and loading requirements.
§ 169-33 Landscaping.
The following are minimum landscaping requirements:
A.
Where any land use in a nonresidential district abuts land in any residential district, a strip of land at least 15 feet wide shall be maintained by the owner as a landscaped area in front, side and rear yards which adjoin these other districts.
B.
Where any permitted nonresidential land use or multiple-family development in a residential district abuts any land use in a residential district, a strip of land at least 15 feet wide shall be maintained as a landscaped area in front, side and rear yards which adjoin these uses.
C.
In an industrial or commercial district, each use shall have a strip of land at least 15 feet wide in any required front yard and at least five feet wide in any required rear and side yards, which shall be maintained as a landscaped area.
D.
In a planned development district, landscaping shall be required by the Planning Board under its powers of site plan review and approval.
E.
Required planting shall be installed and maintained in a healthy, growing condition and shall take the form of shade trees, deciduous shrubs, evergreens, well-kept grassed areas and ground cover.
§ 169-34 Performance standards.
In all districts, uses shall comply with all federal and state standards related to noise, air pollution and water pollution. The Planning Board may from time to time adopt additional standards of performance deemed necessary in order to promote the health, safety and general welfare of the public, provided that they are not less stringent than any applicable federal and state standards.
§ 169-35 Signs.
A.
Prohibited signs; signs permitted in all districts.
(1)
Off-premises advertising signs, billboards and roof signs are not permitted in any district.
(2)
The following signs are permitted in any district:
(a)
Professional residence-office and home occupation signs not exceeding two square feet.
(b)
One "for rent" or "for sale" sign not exceeding six square feet in residential districts or 32 square feet in other districts.
(c)
Direction or information signs not exceeding four square feet.
(d)
Signs necessary for public safety or welfare.
(e)
Signs identifying a construction project and the specialists concerned, not exceeding eight square feet for a dwelling and 16 square feet for other buildings.
(f)
Signs identifying any permitted nonresidential use in a residential district, one square foot of sign for each linear foot of building frontage, but not exceeding a total of 32 square feet.
D.
Traffic hazards, safety and obstruction. Every sign shall be designed and located in such a manner as to:
E.
Illuminated and flashing signs.
F.
Signs by special use permit. Other signs may be permitted after issuance of a special use permit, if the Planning Board finds that such a sign:
§ 169-36 Nonconforming uses.
A.
General provisions. Lawful use of any building or land existing at the time of enactment or amendment of this chapter may be continued although such use does not conform to this chapter, except as hereinafter provided.
B.
Discontinuance. When a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with this chapter.
C.
Change of use. No nonconforming use shall be changed to other than a conforming use for the district in which it is situated.
D.
Extension, unsafe structures, restoration and alteration. A nonconforming use shall not be extended. Extension of a lawful use to any part of a nonconforming building shall not be deemed extension of such nonconforming use. A nonconforming structure or part thereof may, by special permit issued by the Planning Board be:
(1)
Restored to a safe condition.
(2)
Repaired if damaged or destroyed by fire or other causes, provided that construction starts within a period of one year and that substantial restoration is made within six months from the date construction is begun.
(3)
Structurally altered only to the extent of its prior nonconformity.
E.
Nonconforming junkyards. Nonconforming junkyards shall be discontinued and the site cleared within six months of enactment of this chapter.
F.
Nonconforming signs.
(1)
Nonconforming signs shall be removed by the owner when any use of property on which the sign is located is discontinued.
(2)
Nonconforming signs may not be enlarged, extended, relocated or altered in any way, except to make them conform to provisions of this chapter. This provision shall not restrict routine maintenance of nonconforming signs, including repair or replacement of structural or electrical parts and/or repainting.
G.
Residential lots existing prior to amendment of chapter. In residential districts, nothing shall prohibit use of a single lot, as identified on the official Village of Green Island Tax Maps, of less area or less frontage than required for a one- or two-family dwelling in the district in which the lot is located, when such lot was held under separate ownership from adjoining lots at time of enactment or amendment of this chapter.
§ 169-37 Limitation on number of dwellings/uses per lot; frontage.
[Amended 1-26-2009 by L.L. No. 1-2009]
A.
There shall be only one residential building on a lot unless otherwise approved under Planned Development District provisions.
B.
Residential lots shall have at least 20 feet of frontage on a street.
C.
Two- or three-story buildings originally used as either a single-family or multifamily residential structure in a zone now designated as commercial are restricted to a single commercial business use and a single-family residential dwelling use per floor.
§ 169-38 Building coverage.
In determining the percentage of building coverage of a lot or size of yards, all principal buildings, covered porches, garages, carports and other accessory buildings shall be included.
§ 169-39 Yards.
A.
No space necessary under this chapter to satisfy area, yard or other open space requirements in relation to any lot, building or use shall be counted as part of required open space in relation to any other lot, building or use.
B.
Every part of a required yard shall be open and unobstructed from the ground to the sky except for ordinary projections of sills, chimneys and eaves, provided that no such projections extend more than two feet into the required yard.
C.
Any yard adjoining a street shall be considered a front yard for purposes of this chapter.
§ 169-40 Visibility at intersections.
On a corner lot, within the triangular area formed by the intersection of two street right-of-way lines and a third line joining them at points 15 feet away from their intersection, there shall be no obstruction to vision between the height of two feet and 10 feet above grade of each street.
§ 169-41 Temporary uses or structures.
A.
The Zoning Enforcement Officer may issue a temporary permit, except as provided for in § 169-24, for a period not exceeding one year for incidental nonconforming uses as follows:
B.
Permits shall be conditioned upon agreement by the owner to remove the use on expiration of the permit.
C.
Permits may be reissued for additional periods of six months.
§ 169-42 Abandoned construction and excavations.
§ 169-43 Height exceptions.
A.
Nothing herein contained shall be interpreted to limit or restrict the height of silos, church spires, cupolas or bell, clock, fire and observation towers and essential public utility structures.
B.
No radio or television antenna tower, water or cooling tower, oil or gas holder, elevator bulkhead or similar structure may be erected in excess of district height limits until after issuance of a special use permit.
§ 169-44 Abandoned and junked vehicles.
Abandoned and junked vehicles must be parked in an enclosed garage or in a licensed junkyard. For the purposes of this section, an "abandoned or junked vehicle" shall mean any vehicle which is unlicensed for a period of more than one year or not in condition for legal use on the highway.
§ 169-45 Minimum floor area.
§ 169-46 Front yard grade.
The surface grade of residential front yards, measured at the midpoint of the residence front wall, shall be at least one foot above the elevation of the street center line, unless adequate site drainage is provided.
§ 169-47 Stabling of horses.
There shall be no stabling of horses nor storage of manure or fertilizer associated with a stable within 100 feet of any lot line.
§ 169-48 Planned Retirement Community District.
[Added 7-21-2003 by L.L. No. 1-2003]
A.
Findings.
(1)
It has been determined by the Village Board that the influx of people to the Village of Green Island in recent years will continue, if not accelerate, during the coming decade or two and that, due to medical advances and a higher standard of living, a substantial portion of the Village's population, both those now residing in the Village and those expected to arrive in the future, will be over 55 years of age.
(2)
In many states, special communities commonly called "planned retirement communities (PRC)" have been erected and special buildings and facilities designed to accommodate older persons because their needs, habits and requirements, particularly those who have retired from active business life, are considerably different from their younger compatriots.
(3)
It appears to the Village Board that such communities are desirable since they are organized, constructed, signed and planned from the very outset to serve the needs of older persons, including suitable and adequate facilities for social, cultural and recreational activities which are regarded as essential to the well-being of the occupants and the success of the community. If such planning is not done in this manner and on a large enough scale to provide adequate room, light, air and other facilities, such a community may adversely affect the health, safety and welfare of the occupants.
(4)
Thus, the Village Board deems it imperative that it ensure that any community so constructed be properly designed for the purposes set forth above and that such community be safeguarded from deterioration, and in order to carry out the purposes set forth in this preamble, the Village Board hereby enacts the following provisions.
B.
Permitted uses. In the Planned Retirement Community Residence District, no building, structure or premises shall be used or occupied and no building or part thereof or structure shall be erected or altered, unless otherwise provided in this chapter, except for the following uses:
(1)
Residential accommodations, including units in apartment houses, garden apartments and townhouses, but not including motels, rooming houses or tourist homes. Dwelling units may have one bedroom or two bedrooms. In no event, however, shall a dwelling unit have more than two bedrooms.
(2)
Accessory uses: necessary accessory buildings and uses, including facilities for maintenance, administration, sales office, off-street parking, storage facilities, professional and medical offices where the service to be rendered is primarily for the benefit of the residents of the community and those facilities necessary to the operation of utility systems serving the community.
C.
The planned retirement community shall be limited to persons who are 55 years of age or over, with the following exceptions:
(1)
A husband or wife under the age of 55 years who is residing with his or her spouse who is 55 years of age or over.
(2)
Children and grandchildren residing with their parents or grandparents where one of said parents or grandparents with whom the child or children or grandchild or grandchildren is/are residing is 55 years of age or older, provided that said child or children or grandchild or grandchildren are over the age of 19 years.
(3)
Adults under 55 years of age may be admitted as permanent residents if it is established to the satisfaction of the Village Board that the presence of such person is essential for the physical care and economic support of eligible older persons.
D.
The Planned Retirement Community Residence District shall be subject to all the provisions of this Chapter 169 with a Planned Development District.
E.
It shall be the responsibility of every owner, manager and agent of a planned retirement community residence to ascertain the age of every person(s) desiring to rent, lease or occupy any planned retirement community residence prior to renting, leasing, or permitting or suffering occupancy therein and to provide proof of age of all such persons to the Village Board of Trustees.
[Added 10-24-2005 by L.L. No. 2-2005]
§ 169-49 Weeds, grass and other vegetation regulated.
[Added 8-16-2010 by L.L. No. 1-2010]
A.
Height regulated. It shall be unlawful for any owner, lessee or occupant, or any agent, servant, representative or employee of any such owner, lessee or occupant, having control of any occupied or unoccupied lot or land or any part thereof in the Village, to permit or maintain on any such lot or land or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb or middle of the alley or for 10 feet outside the property line if there be no curb, any growth of weeds, grass or other rank vegetation to a greater height than nine inches on the average, or any accumulation of dead weeds, grass or brush.
B.
Poisonous plants prohibited. It shall also be unlawful for any such person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plants or plants detrimental to health to grow on any such lot or land in such manner that any part of such ivy, ragweed or other poisonous or harmful weed shall extend upon, overhang or border any adjacent property, or allow the seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any adjacent property.
§ 169-50 Duty to cut and remove.
[Added 8-16-2010 by L.L. No. 1-2010]
It shall be the duty of every owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 169-49, provided that cutting and removing such weeds, grass and vegetation at least once in every two weeks between May 15 and September 15 shall be deemed to be a compliance with this section.
§ 169-51 Village action for noncompliance.
[Added 8-16-2010 by L.L. No. 1-2010]
If the provisions of §§ 169-49 and 169-50 are not complied with, the Zoning Enforcement Officer of the Village of Green Island may elect to do one of the following:
A.
Serve written notice, either personally or by mail, upon the owner, lessee or occupant or any person having the care and/or control of any such lot or land to comply with the provisions of §§ 169-49 and 169-50. If the person upon whom the notice is served fails, neglects or refuses to cut and remove or to cause to be cut and removed such weed, grass or other vegetation within 15 days after receipt of such notice, or if no person can be found in the Village who either is or claims to be the owner of said lot or land or who represents or claims to represent such owner, the Zoning Enforcement Officer shall cause such weeds, grass and/or other vegetation to be cut and removed. The actual cost for such cutting and removal, plus 25% for inspection and other additional costs in connection therewith, shall be certified by the Zoning Enforcement Officer to the Village Treasurer and shall there upon become and be a lien upon the property and shall become and form a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
B.
Said notice shall also contain the date, time, and location at which the Village will conduct a public hearing to determine whether the conditions upon the subject property constitute a public nuisance. Said notice shall state that the property owner, his/her agent, lessee or occupant is entitled to be heard at such hearing and present evidence or testimony. The date of such public hearing must be at least 10 days after service or mailing of the notice of violation. Notice of the public hearing shall be published in a paper of general circulation in the Village at least five days prior to the date of the public hearing.
C.
Nothing contained herein shall require notice as a prerequisite to the issuance of a summons or appearance ticket for a violation of this chapter.