Harriman City Zoning Code
ARTICLE II
Provisions Applicable to All Districts
§ 140-9 Applicability.
A.
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, moved, altered, rebuilt or enlarged except in conformance with the regulations herein specified for the district in which it is located.
B.
No yard or open space required in connection with any building or use shall be considered as providing a required yard or open space for any other building on the same or any other lot.
C.
No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.
D.
Within each district, the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each kind of structure or land.
§ 140-10 Nonconforming buildings, structures and uses.
The following provisions shall apply to all lawful buildings and uses existing on the effective date of this chapter, which buildings and uses do not conform to the requirements set forth in this chapter, to all lawful buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof and to all conforming buildings housing nonconforming uses:
A.
Nonconforming uses.
(1)
Nonconforming uses may continue indefinitely, except as indicated in Subsection B(2) below or any amendment thereto.
(2)
Nonconforming uses shall not be enlarged, extended, reconstructed or placed on a different portion of the lot occupied by such uses on the effective date of this chapter or any amendment thereto, nor shall any external evidence of such use be increased by any means whatsoever.
(3)
Nonconforming uses shall not be changed to another nonconforming use without a special permit from the Board of Appeals, and then only to a use which, in the opinion of said Board, is of the same or a more restricted nature.
(4)
Nonconforming uses shall not be reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
B.
Nonconforming buildings or structures.
(1)
Nonconforming buildings or structures shall not be moved to another location where such building or structure would also be nonconforming.
(2)
In the event that the nonconforming building or structure is damaged by more than 50%, the building or structure may only be reconstructed in conformance with the Village of Harriman Zoning Law as it exists on the date of the occurrence.
(3)
Normal maintenance and repair, alteration, reconstruction or enlargement of a building which does not house a nonconforming use but is nonconforming as to district regulations for lot area, lot width, front, side or rear yards, maximum height and lot coverage or other such regulation is permitted if the same does not increase the degree of or create any new nonconformity with such regulations in such building.
(4)
Nothing shall prevent normal maintenance and repair of any building or structure or the carrying out upon the issuance of a building permit of major structural alterations or demolition necessary in the interest of public safety. In granting such a permit, the Code Enforcement Officer shall state the reason why such alterations were deemed necessary.
C.
Cessation of certain nonconforming uses and structures.
(1)
All nonconforming billboards, advertising signs and the structures on which they are located which have been erected in the Village shall be taken down and removed on or before the expiration of three years from the effective date of this chapter, and such lapse of time shall be deemed sufficient to amortize the cost thereof.
(2)
All flashing and moving signs shall be terminated and flashing lights on signs shall be removed on or before the expiration of one year from the effective date of this chapter, which period of time is deemed sufficient to amortize the cost of the lighting to be removed or replaced.
(3)
All signs which are nonconforming as to size or location on a lot or building shall be removed or relocated and/or decreased in size to conform to the requirements of this chapter on or before the expiration of three years from the effective date of this chapter, which period of time is deemed sufficient to amortize the cost thereof.
(4)
Notwithstanding any other provisions of this chapter, any nonconforming outdoor storage of materials, such as but not limited to scrap metal, used lumber or other waste, trash, rubbish or discarded material or machinery or one or more wrecked, unregistered or partially dismantled vehicles not enclosed within a building, shall, at the expiration of three years from the date of enactment of this chapter, become a prohibited and unlawful use and shall be discontinued, and all such materials shall be removed.
§ 140-11 Exceptions to district regulations.
A.
Existing lots. Nothing shall prohibit the use of a lot of less than the prescribed area or width when such lot is owned individually and separate from any adjoining tract at the time of enactment of this chapter, provided that all other provisions of this chapter are met.
B.
Height regulations. The height limitations of these regulations shall be waived for the following, provided that such areas do not exceed 10% of the total roof area to which they are a part: flagpole, spire, belfry, chimney, transmission tower, aerial, skylight, water or cooling tower or elevator or stair bulkhead.
C.
Yard requirements. The following accessory structures may be located in any required yard:
(1)
Chimneys or pilasters.
(2)
Open arbors or trellises.
(3)
Unroofed steps, patios or terraces no closer than 15 feet to the street line or 10 feet to any side or rear lot line, provided that the building complies with the yard requirements of this chapter.
(4)
Awnings or movable canopies not to exceed 10 feet in height above the ground level over which they are located.
(5)
Retaining walls, fences or masonry walls.
(6)
Overhanging roofs not in excess of 10% of the required yard depth.
§ 140-12 Corner lots.
A.
Front yard setbacks and requirements are required for all yards which abut streets. The narrowest yard of a lot which fronts on two or more streets shall be deemed to be the front yard. The yard opposite the front yard shall be the rear yard, and all others shall be side yards.
B.
At all street intersections, no obstructions to vision over 30 inches in height shall be erected on any lot within the triangle formed by the intersecting street lines and a line drawn between points along such street lines 30 feet distant from their point of intersection.
§ 140-13 Accessory buildings.
A.
A permitted accessory building may be located in any required side or rear yard, provided that:
(1)
Such building, except for farm purposes, shall not exceed 15 feet in height.
(2)
Such building shall be set back at least five feet from any lot line and at least 10 feet from the principal building.
(3)
Such building shall not occupy more than 30% of the required side or rear yards.
(4)
Such building shall meet all front yard setback requirements for corner lots.
B.
No such building shall project nearer to the front street line than the principal building.
C.
Effective January 1, 2013, any garage that was installed in accordance with this chapter and prior to January 1, 2013, shall, after that date, be considered a preexisting and nonconforming structure.
[Amended 3-12-2013 by L.L. No. 4-2013]
D.
In all residence districts, a private garage is permitted only on the same lot with a dwelling.[1]
[1]
Editor’s Note: Former Subsection E, regarding storage of vehicles in a garage in a residential district or B-1 District, which immediately followed this subsection, was repealed 11-13-2018 by L.L. No. 6-2018.
§ 140-14 Soil removal.
A.
To strip, excavate or otherwise remove soil for sale or for use other than on the premises from which the same shall be taken, except in connection with construction or alteration of a building on such premises for which a building permit has been issued and excavating or grading incidental thereto, is hereby prohibited.
B.
Any area of land around a building from which soil has been removed or covered with fill shall be seeded to provide an effective cover crop within the first growing season following the start of such operation.
C.
No earth or other material may be added to property or moved within the boundaries of the same property for use as fill without first obtaining a building permit.
§ 140-15 Fences and walls.
§ 140-16 Floodlighting of properties.
Floodlighting of buildings and front, side and rear yards is permitted. No floodlight, spotlight or other light shall be erected in such a manner that its beam shall be directed, in whole or in part, toward a street, road or highway or toward adjoining property or in any way or manner that will cause a traffic hazard due to its glare.