Hammondsport Village
City Zoning Code
City Zoning Code
ARTICLE V
Performance Standards
§ 122-23 Excavations.
A.
Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create objectionable dust or noise, contribute to soil erosion nor create any noxious or injurious substance or condition or cause public hazard. Excavations shall be for the purpose of subsequent construction only. Soil mining and/or extractive operations are specifically prohibited in Hammondsport.
B.
If, in any district, there exists an excavation relating to the construction on the same lot of a building or structure for which the building or structure is stopped prior to completion and the building permit is allowed to expire, then the premises shall immediately be cleared of any rubbish or building materials and any excavation shall immediately be filled in and the topsoil replaced or all such excavation shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which the excavation is located.
§ 122-24 General standards for activities.
In any district, the following standards for activities shall apply:
A.
No offensive or objectionable vibration, odor or glare shall be noticeable at or beyond the property line.
B.
No activity shall create a physical hazard by reason of fire, explosion, radiation or other such cause to persons or property in the same or adjacent district.
C.
There shall be no discharge into any stream or body of water or into the ground or any public or private disposal system of any liquid or solid waste or of any material incapable of treatment to prevent contamination of any water supply, including groundwater supply.
D.
There shall be no storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin or endangers health in any way.
E.
The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals, plant life or to other forms of property shall be prohibited.
F.
Any materials deposited for the purpose of filling or grading shall be leveled within 30 days.
§ 122-25 Off-street parking spaces and loading areas.
[Amended 6-9-1992 by L.L. No. 1-1992; 12-10-2024 by L.L. No. 5-2024]
In all districts, off-street automobile parking spaces and truck loading areas for the various permitted uses shall be required at the time any of the main buildings or structures of such uses are constructed or altered, as follows:
A.
Required off-street automobile parking spaces. The minimum cumulative number of spaces shall be determined by the number of dwelling units, bedrooms, floor area, members, equipment, employees and/or seats contained in such new buildings or structures or added by alteration of buildings or structures, and such minimum number of spaces shall be maintained by the owner of such buildings or structures as follows:
(1)
Office, business and commercial uses.
(a)
For retail business or service, bank or post office: one space for each 200 square feet of customer floor space.
(b)
For office, including professional, personal service, public utility or public: one space for each 300 square feet of gross office floor area.
(c)
For restaurant, bar or nightclub: one space for each five-seating capacity.
(d)
For motels and hotels: one space for each accommodation, plus one space for each employee and one for family in permanent residence.
(e)
For short-term rentals located in MDR and LDR reference the table below for on premise parking. An additional parking space is required for the family in permanent residence (B&B).
1 bedroom | 1 parking space |
2 bedrooms | 1 parking space |
3 bedrooms | 2 parking spaces |
4 bedrooms | 2 parking spaces |
5 bedrooms | 3 parking spaces |
(f)
For any commercial use: one space for each company vehicle.
(g)
For necessary business or commercial purposes: off-street loading areas adequate to meet loading needs.
(2)
Residential uses.
(a)
For single-family, two-family and multifamily dwellings, including apartments: one space for each dwelling unit or family.
(3)
Industrial uses.
(a)
All types of manufacturing, storage and wholesale: one space for every two employees on the largest shift for which the building is designed, plus one for each motor vehicle used in the business.
(4)
Institutional uses.
(a)
Churches and places of religious assembly: one space for each five persons' capacity.
(b)
Hospitals, sanatoriums, nursing homes, children's homes and similar uses: one space for each three beds, plus one for each employee per largest shift.
(c)
Libraries, museums and other cultural facilities: one space for each 400 square feet of floor area.
B.
Off-street parking exception. In the Core Business District, there shall be no requirement for changed, new or expanded office, business or commercial uses as long as a property does not reduce its own existing parking to a point less than the general requirement of Subsection A.
C.
Off-street parking of vehicles in the area between the building's front foundation line and the street is prohibited. Attached garages are deemed to be excluded. Any exceptions from this prohibition shall require a special permit.
§ 122-26 Gasoline filling stations.
In any district where permitted, a gasoline filling station shall be subject to the following regulations:
A.
Filling stations shall be permitted only on lots of 10,000 square feet or more, with 100 feet of minimum frontage.
B.
The areas for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area.
C.
No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the outside edge of the fuel island.
D.
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or any other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.
E.
All repair work and storage shall be within a completely enclosed building which has a maximum height of 15 feet. Such repair work shall not include any body repair work or spray painting or car washing which requires mechanical equipment.
§ 122-27 Signs.
No sign or other device for advertising purpose of any kind may be erected or established in the municipality except and provided as follows:
A.
Signs in residential districts. No sign or other device for advertising purposes of any kind may be erected or established in any residential district except and provided as follows:
(1)
Permitted nonresidential uses, but not including home occupations or day nurseries, may display signs pertaining to the use of property, having an aggregate total face area of not more than 30 square feet and not projecting beyond the principal building of such use to which they are attached more than 24 inches, except that where such nonresidential uses are set back from property lines, one sign may be erected in the ground, provided that such sign does not exceed five feet in height, shall be parallel to the lot frontage and shall be no nearer than 10 feet to any property line. If such freestanding signs face substantially at right angles to the road and/or display in more than one direction, they shall have a face area of not more than eight square feet per side, with no more than two sides.
(2)
Dwellings for five or more families may display nonilluminated signs identifying the premises, having an aggregate total face area of not more than 12 square feet and not projecting beyond the principal building on the lot more than 24 inches.
(3)
Any dwelling unit in a detached, attached or townhouse structure may display one nameplate or professional sign not exceeding two square feet in area.
(4)
Any boardinghouse may display one sign not exceeding five square feet in area and not projecting more than 24 inches from the principal building on the lot.
B.
Signs in business districts. No more than two signs per business unit, having an aggregate total face area of not more than one square foot per linear foot of width of principal frontage of the lot, may be displayed but not to exceed a total area of 50 square feet. Such signs shall not project more than five feet beyond the principal building on the lot, and there shall be no more than one projecting sign per business unit, provided further that such signs shall not extend more than 20 feet above the ground level or exceed the highest part of the building or service advertised, whichever is less restrictive.
C.
Signs in Industrial District. Two signs having an aggregate total face area of not more than 100 square feet may be displayed for each establishment, provided that such signs shall be located no nearer than 10 feet to any property line, and provided further that such signs shall not extend more than 20 feet above ground level or more than five feet above the height of the roof of a building at the point of location of the sign, whichever is less restrictive.
D.
Representational signs. Representational signs shall be permitted in B-1 and B-2 Districts and Industrial Districts, except that such a sign shall not project more than five feet beyond the principal structure to which it is attached and shall not have a face area of more than 15 square feet. Only one such sign per establishment shall be permitted.
E.
Projecting signs. No sign may project into any public right-of-way without written approval from the Zoning Officer. Signs projecting into a public right-of-way shall have a clearance of not less than 10 feet above the sidewalk or surrounding ground and not less than 15 feet above any public driveway or thoroughfare.
F.
Billboards. Notwithstanding any other provisions of this chapter, signs not pertaining to the use, sale, rent or lease of property on the same lot and signs not representing construction or subdivision activity as allowed are not permitted in any district, except that signs for the purpose of directing persons to a local business or community establishment may be erected in any district, provided that such signs shall not exceed four square feet in area per establishment, shall conform to applicable regulations of the district in which they are located, shall be grouped on community poles and shall be approved by the Zoning Officer.
G.
Subdivision signs. Any person offering lots for sale in a subdivision may erect nonilluminated directional signs within the limits of the subdivision or adjoining property in the same ownership, having an aggregate total face area of not more than 50 square feet. The permit for such signs shall be issued for a period of one year and may be renewed for successive periods of one year each following a determination by the Zoning Officer that the signs have been repainted or are in good condition in each case.
H.
Exemptions from the above sign regulations are as follows:
(1)
Real estate signs which advertise the sale, rental or lease of the premises upon which said signs are located, having an aggregate total face area of not more than six square feet within any residential district or business district and not more than 20 square feet within any Industrial District.
(2)
One professional or business nameplate not exceeding one square foot in area for any one professional or business establishment where such signs would not otherwise be a permitted use.
(3)
One sign denoting the architect, engineer and/or contractor when placed upon work under construction and not exceeding 24 square feet in area.
(4)
Memorial signs or tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material.
(5)
Traffic or other municipal signs, legal notices and such temporary, emergency or nonadvertising signs as may be authorized by the Village Board.
I.
Illuminated signs. Illumination of signs shall not be of intermittent or varying intensity or produce direct glare beyond the limits of the side property line. Colored lights of such shape and hue that may be confused with official traffic lights and signals shall be prohibited. All bare incandescent light sources and immediately adjacent reflecting surfaces shall be shielded from view.
J.
Banners. Banners and similar devices are prohibited except nonpermanent ones displayed for the occasion of special events, which shall be displayed no longer than for a three-week period.
K.
Posters. Temporary, nonpermanent posters covering such things as political events, sporting events, shows and elections shall not be displayed until four weeks prior to the event and must be removed within one week after the event.
L.
Removal of certain signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or product available for purchase by the public on the premises shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within 10 days after written notification from the Zoning Officer, and upon failure to comply with such notice within the time specified in such order, the Zoning Officer is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.
§ 122-28 Mobile homes.
All mobile homes in the Village of Hammondsport shall conform to the following:
A.
Code requirements. All new mobile home units installed shall meet the requirements of the New York State Code for the Construction and Installation of Mobile Homes, as promulgated by the State Building Code Council under Article 19 of the Executive Law.
B.
Mobile home placement, supports and tie-downs. Each mobile home shall be provided with supports and tie-downs and anchoring devices installed according to the mobile home manufacturer's instructions. Units not provided with such instructions shall be installed in compliance with Standards A119.3-1, published by the American National Standards Institute, and the following, unless the entire system shall be designed by a registered professional engineer:
(1)
Placement.
(a)
The mobile home shall be placed upon a stand consisting of appropriate material properly placed, graded and compacted so as to be durable and adequate for the maximum load anticipated during all seasons.
(b)
The stand shall have a longitudinal gradient of 0% to 5% and adequate crown or cross gradient for surface drainage.
(c)
The mobile home stand shall include provision for all utility connections at appropriate locations.
(d)
The mobile home stand shall include provisions for supports and ground anchors prior to or at the time a mobile home is set in place.
(2)
Supports and tie-downs.
(a)
Supports shall be provided not more than 12 feet on centers, beginning from the front of the mobile home stand. End supports shall be no more than three feet from the ends of the mobile home.
(b)
Tie-downs and anchors, as installed, shall be capable of resisting an allowable working load equal to or exceeding 3,150 pounds and shall be capable of withstanding a 50% overload without failure.
(3)
Tie-down hardware and system.
(a)
Tie-down hardware shall be resistant to weathering at least equivalent to that provided by a coating of zinc on steel strapping of not less than 0.30 ounce per square foot of surface coated.
(b)
Tie-downs shall be placed as follows: not more than 24 feet on center, beginning from the front line of the mobile home stand. End anchors shall not be more than six feet from the ends of the mobile home frame. Over-the-top ties shall be positioned at the stud and rafter locations near the ends of the mobile home.
C.
Skirting. Each mobile home shall be skirted around the bottom portion with uniform durable material, properly ventilated, within 60 days, weather permitting, from placement of the unit.
D.
Mobile home location. All mobile homes shall be restricted to existing mobile home parks (reference: Map Nos. 118.9-01-020.000 and Map Nos. 118.10-019.000).
§ 122-29 Fences, walls and hedges.
A.
Residential districts.
(1)
In any residential district, fences, walls and hedges are permitted only as follows:
(a)
In any required front yard, no fence, wall or hedge shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision across such yard between a height of 42 inches and eight feet nor in any manner that materially shuts out air, light or sun between such heights. All fences shall be erected so that the support posts are on the side closest to the owner's property and the finished or better side faces away from the property.
[Amended 6-9-1992 by L.L. No. 1-1992]
(b)
In side or rear yards, fences, walls or hedges which materially obscure vision or shut out light, sun or air may not be over six feet in height.
(c)
Fences, walls and hedges existing at the date of enactment of these regulations will be required to be brought into full compliance with these regulations within one year from the effective date hereof.
(2)
These restrictions shall not apply to retaining walls.
B.
In any commercial or industrial district, there shall be no restriction on fences or walls except on a residential district boundary line, where such fences or walls shall be limited to eight feet in height, and except where corner clearances are required.
C.
Trees are not to be included in this regulation.
[Added 6-9-1992 by L.L. No. 1-1992]
D.
No fence intended to cause injury will be permitted in any district (e.g., barbed wire, razor edge, electric, glass, etc.).
[Added 6-9-1992 by L.L. No. 1-1992]
E.
Permits will be required for all new fencing. Repair or replacement of old fencing, if of a similar type and in compliance with the Zoning Regulation, will not require a permit.
[Added 6-9-1992 by L.L. No. 1-1992]
§ 122-30 Waste disposal.
No person shall undertake to construct any new building or structure in the Village of Hammondsport without first meeting the requirements for a system or facilities for the separate disposal of waterborne sewage, domestic or trade wastes in accordance with applicable regulations of the village, the State Department of Health or other governmental authorities.
§ 122-31 Clear-sight triangles.
On a corner lot in all districts, nothing shall be erected, placed, planted or grown in such a manner as to materially impede vision between a height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets. This shall apply to the triangular area bounded by the street lines and a line joining points along said street lines 50 feet from the point of their intersection.
§ 122-32 Recreational equipment.
No major recreational equipment shall be parked or stored on any lot in a residential district except in a garage or carport or behind the nearest portion of a building to a street; provided, however, that such equipment may be parked anywhere on residential premises for not more than 72 consecutive hours.
§ 122-33 Satellite antennas.
A.
Satellite antenna size.
(1)
In all zones, satellite antennas shall not exceed six feet in diameter.
(2)
In residential and business zones, the total height of ground-mounted antennas shall not exceed nine feet above the ground.
(3)
In all districts, roof-mounted installations shall not exceed the height restrictions as set for the zoning district within which the installation is placed.
B.
Satellite antenna location.
(1)
In a residential or commercial zone, subject to the provisions contained herein, such antenna shall be located only in the rear yard of any lot, provided that such antenna is located at least 20 feet from any principal building and lot line. If a usable satellite signal cannot be obtained from such rear yard, the antenna may be located in the side yard of the property, subject to the approval of a special use permit. For purposes of this provision, a "usable satellite signal" is a satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television.
(2)
In the event that a usable satellite signal cannot be obtained by locating the antenna in the rear or side yard of the property, such antenna may be placed on the roof of the dwelling structure, provided that a special use permit is obtained prior to such installation. Such permit shall be issued upon a showing by the applicant that a usable satellite signal is not obtainable from any other location on the property, and provided further that the construction and erection otherwise is in compliance with the applicable Building Code and Electrical Code.[1]
[1]
Editor's Note: See Ch. 42, Building Construction.
(3)
Any satellite dish 30 inches in diameter or less may be installed, located or affixed to the primary or secondary structure. Any other proposed installation is subject to the provisions contained within this chapter.
[Added 2-13-1996 by L.L. No. 1-1996]
C.
General provisions.
(1)
Satellite television antennas shall be located and designed to reduce visual impacts from surrounding properties at street level and from public streets.
(2)
Not more than one satellite television antenna shall be allowed in any residential zone on any lot less than 1/2 acre in size.
(3)
All antennas and the construction and installation thereof shall conform to applicable Building and Electrical Code regulations and requirements.
(4)
Antennas shall meet all manufacturers' specifications, be on noncombustible and corrosive-resistant material and be erected in a secure, wind-resistant manner.
(5)
Every antenna must be adequately grounded for protection against a direct strike by lightning.
(6)
This section shall not apply to the Hammondsport Central School properties.