Horse Heads City Zoning Code
ARTICLE XVIII
Supplementary Use Regulations
§ 245-109 Multiple dwellings.
A.
Site plan specifications.
(1)
Applications for building permits for multiple residential dwellings and residential planned unit developments, such as apartments and subdivisions, shall require the submission of a site development plan in accordance with Article XIX, Special Uses and Site Plan Review.
(2)
Before approving the site plan, the Planning Board shall make findings with respect to the following:
(a)
Traffic access: that all proposed site traffic accessways are adequate but not excessive in number, adequate in grade, width, alignment and visibility and not located too near street corners, entrances to schools or places of public assembly and other similar considerations.
(b)
Circulation and parking: that the interior circulation system is adequate and that all required parking spaces are provided and are easily accessible.
(c)
Allocation of usable open space: that, in accordance with the spirit and intent of this chapter, wherever possible, usable open space is allocated in such a way as to ensure the safety and welfare of residents.
(d)
Arrangement of buildings: that adequate provision has been made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures. Laundry facilities, including washing machines and clothes dryers, shall be available on the premises for use by all occupants of the premises. Exterior clotheslines shall not be permitted.
(e)
Proper landscaping: that the proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. Where adjacent land use dictates, proper screening and buffer zones may be required. No certificate of occupancy shall be issued for any such building or buildings unless the same conforms in all respects to such site plan and unless all facilities included in the site plan have been in accordance therewith.
B.
Supplemental controls. In reviewing the proposed site plan for one or more multiple-family structures, the Planning Board will be guided by the following regulations:
(1)
Maximum length of rows. The maximum length of any group of attached structures shall not exceed 150 feet. A building group may not be so arranged as to be inaccessible by emergency vehicles.
(3)
Distance between buildings and driveways.
(a)
No driveway or parking lot should be closer than 25 feet to the front of any building nor 10 feet to the side or rear of any building.
(b)
In the case of an enclosed garage or carport provided as a portion of the main structure, distance requirements for driveways providing access to these accommodations shall not apply.
(4)
Recreation space. There shall be provided on the site of such development an area or areas devoted to the joint recreational use of the residents thereof. Such recreation space shall consist of not less than 400 square feet of space per dwelling unit. Each such recreation space shall be developed with passive and active recreation facilities.
(5)
Off-street parking spaces. There shall be provided on the site of such development an area or areas devoted to the storage of automobiles. One and one-half parking spaces shall be provided for each dwelling unit on the site. Parking spaces shall contain a minimum of 180 square feet per space exclusive of access drives and aisles.
(6)
Landscaping and sidewalks. Proper landscaping shall be provided along all walks and streets, around recreation areas and along the outer property line of the site. Sidewalks shall be included in all multiple dwelling projects and residential planned unit developments.
§ 245-110 Amusement centers, bowling alleys and similar places of amusement.
A.
Amusement centers, bowling alleys and similar places of amusement shall be conducted entirely within an enclosed structure.
B.
Off-street parking areas shall be screened from adjoining residential properties in accordance with the provisions of this chapter.
C.
A principal structure shall be not less than 50 feet from any property line.
D.
No bowling alley or roller-skating rink shall be maintained or operated within 300 feet of an entrance or exit of a public or private school, public library, church, hospital, children's home or home for the elderly or other similar public or semipublic institution.
E.
Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.
F.
No public address system shall be permitted except where such system is inaudible at any property line.
§ 245-111 Essential services.
A.
Essential services: enclosed or permanent structures. Such uses, when in R Districts, shall be subject to the following regulations:
(1)
Such facility shall not be located on a residential street (unless no other site is available) and shall be so located as to draw a minimum of vehicular traffic to and through such streets.
(2)
The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.
(3)
Adequate fences, barriers and other safety devices shall be provided.
B.
Essential services: open. Such uses shall be limited to the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signs, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Where applicable, the landscaping regulations of this chapter shall apply.
§ 245-112 Drive-in eating and drinking places.
Such businesses where persons are served in automobiles shall be not closer than 300 feet to a residential district and shall provide ingress and egress so as to minimize traffic congestion. The number and location of proposed curb cuts shall be subject to the review and approval of the Planning Board.
§ 245-113 Off-street parking and loading.
A.
In all districts and overlay zones, in connection with every manufacturing business or institutional, recreational, residential, professional office or any other use, there shall be provided, at the time any new building or structure is erected or a principal building's use is changed, off-street parking spaces open to the public at no charge for automobiles in accordance with the requirements set forth herein.
(1)
Size and access. Each off-street parking space shall have an area of not less than 180 square feet, exclusive of access drives or aisles, and shall be of usable shape and conditions. Except in the case of dwellings, no parking area provided hereunder shall be established for fewer than three spaces.
(2)
Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in the following off-street parking schedule. In the case of any building, structure or premises the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, as determined by the Planning Board, shall apply.
Off-Street Parking Schedule | ||
|---|---|---|
Uses | Required Parking Spaces | |
Churches, schools and colleges | 1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater | |
Community buildings and social halls | 1 for each 200 square feet of floor area | |
Hotels, motels and boarding-and rooming houses | 1 for each unit or room let for rent | |
Manufacturing plants and research or testing laboratories | 1 for each 3 employees in the maximum working shift | |
Restaurants, bars and nightclubs | 1 for each 100 square feet of floor space | |
Retail stores, store groups, shops, etc. | 1 for each 300 square feet of floor space | |
Wholesale establishments or warehouses | 1 for each 2 employees in the maximum shift; the total parking area shall not be less than 25% of the building floor area | |
Offices, general | No requirements for the first 2,000 square feet of floor area; when in excess of 2,000 square feet: 1 space for each 600 square feet of floor area above 2,000 square feet | |
Doctor's offices | 5 for each doctor | |
Single-family dwellings | 1.5 for each dwelling | |
Multifamily dwellings | 1.5 for each family or dwelling unit | |
(3)
Handicapped parking spaces. The requirements of off-street parking spaces for the handicapped as provided in the Vehicle and Traffic Law of New York State shall be complied with.
B.
Off-street loading.
(1)
In any district, in connection with every building or building group or part thereof hereafter erected and having a gross floor area of 4,000 square feet or more, which is to be occupied by manufacturing or commercial uses or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, off-street loading berths or unloading berths as follows:
(2)
The loading berth required in each instance shall be not less than 12 feet in width, 25 feet in length and 14 feet in height and may occupy all or any part of a side or rear yard.
C.
C-2 District exception. Commercial uses located in the C-2 Hanover District may consider municipal parking lots located within 100 yards of the business as satisfying the requirement for off-street parking spaces.
§ 245-114 Gasoline service stations.
A.
Location of exits and entrances. No gasoline service station or automobile repair shop shall have an entrance or exit for vehicles within 300 feet, as measured along the street, of any public playground, church, chapel, convent, hospital, public library or any residential district. Such access shall be not closer to any intersection than 30 feet.
B.
Location of hydraulic lifts. All hydraulic lifts shall be located within an enclosed structure and shall be located no closer than 50 feet to any property line.
C.
Gasoline pumps. Gasoline service stations shall have their gasoline pumps, including other service facilities, set back at least 30 feet from any street line.
§ 245-115 Parking of recreational vehicles, commercial motor vehicles and trailers in residential districts.
[Added 7-11-2002 by L.L. No. 4-2002]
A.
Definitions. For the purposes of this section, certain terms used herein are defined below. All other words and phrases shall be interpreted so as to give them the meaning they have in common usage and to give this section the most reasonable application.
(1)
The following words shall have the meanings ascribed to them by the Vehicle and Traffic Law of New York State as amended from time to time:
(a)
Bus.
(b)
House coach.
(c)
Truck.
(d)
Farm or agricultural truck or vehicle.
(e)
Tractor.
(f)
Trailer.
(g)
Semitrailer.
(h)
Omnibus.
(i)
Tow truck.
(j)
Park.
(k)
Person.
(l)
Vessel.
(m)
Motor vehicle, except that the definition shall include snowmobiles, all-terrain vehicles, farm-type tractors, farm equipment, and self-propelled caterpillar or crawler-type equipment.
(2)
COMMERCIAL MOTOR VEHICLE — Every motor vehicle or combination of motor vehicles designed, maintained and used in commerce primarily for the transportation of property and having a carrying capacity of greater than one ton as indicated on the registration documents for said vehicle.
(3)
EMERGENCY AND MUNICIPAL VEHICLES — Vehicles owned or operated by a government or municipality or exclusively used to provide a governmental function. This shall include but not be limited to the following municipal vehicles: fire vehicles, police vehicles, highway, sanitation and public works vehicles, emergency response vehicles, and vehicles of an agent of a municipality, provided that such agent's vehicles are then engaged in official municipal business.
B.
Parking prohibitions.
(1)
No person shall park or store, nor shall the owner of a lot permit the parking or storage of, a bus, house coach, trailer, farm or agricultural truck or vehicle, tractor, semitrailer, omnibus, tow truck, commercial motor vehicle or vessel in the front yard of a lot in a residential district unless same is parked or stored on an established driveway and further that same is parked or stored at least 15 feet from the intersection of said driveway with the improved public road surface.
(2)
No person shall park or store, nor shall the owner of a lot permit the parking or storage of, an automobile or truck having a maximum carrying capacity of one ton or less as indicated on the vehicle's registration documents in the front yard of a lot in a residential district excepting only on an established driveway.
C.
Vehicles specifically exempted. Emergency and municipal vehicles are exempt from the prohibitions of this section.
§ 245-116 Mobile homes.
A.
Construction trailers may be permitted on construction sites upon approval of the Code Enforcement Officer.
B.
No mobile dwelling designated for year-round occupancy and designed for human habitation shall be stored or parked in the Village, except that such mobile dwelling may be located within mobile home parks, provided they meet all other state and local requirements.
§ 245-117 Swimming pools.
A.
Definition. A "swimming pool" is any body of water or receptacle for water having a depth at any point greater than six inches and a capacity of 1,000 gallons or more, used or intended to be used for human swimming, bathing or wading, and installed in, on or above the ground within the Village of Horseheads.
B.
Permit. No swimming pool shall be constructed, built, erected or maintained without a building permit having been issued therefor.
C.
Plot plan. Each application for a building permit to construct, erect, build or maintain a swimming pool shall be accompanied by a plot plan indicating the location and distance to lot lines and whether it is to be at ground level or above.
D.
Location. Any swimming pool in a residential district shall be located only in the rear yard and shall be installed or maintained not closer than three feet to any boundary line of the premises, except that, should such requirement prove to be a hardship to the owner thereof, application may be made to the Zoning Board of Appeals for a variance thereof, and the Zoning Board of Appeals is hereby vested with the authority to hear and determine such matter and to grant such variance as, in its discretion, shall be deemed necessary. Any swimming pool constructed, installed or maintained prior to February 16, 1965, is exempt from the provisions of this section; provided, however, that, should it be moved or reinstalled in another location, the same shall comply with the terms hereof.
E.
Lights. Lights, if any, at any swimming pool shall be so arranged as not to be a nuisance or an annoyance to neighbors.
F.
Water connections. There shall be no physical connection between a potable public or private water supply system at a point below the maximum flow line of the pool, or to a recirculating or heating system of a pool, unless such physical connection is so installed and operated that no pool water can be discharged or siphoned into such water supply system.
G.
Permits and fees. All applications for a permit for water connection and filling of such swimming pool shall be made to the Village Clerk, who is hereby authorized to issue such permit in the name of the Board of Trustees, subject to the terms hereof, upon obtaining a fee for the same in an amount as set by resolution of the Board of Trustees from time to time. Such permit shall be issued upon receipt of notification from the Code Enforcement Officer that the erection or installation of the pool is complete and has been inspected.
§ 245-118 Miscellaneous uses.
A.
Extraction of stone, sand and gravel. Extractive operations shall not be permitted.
B.
Outdoor storage areas. Such uses shall not be located within 200 feet of the nearest residential district, and the operation thereof shall be governed by the following provisions and any other conditions as may be required by the Board of Trustees to protect the public health, safety, comfort, convenience and general welfare, and especially with regard to abutting properties and the occupants thereof.
(1)
Flammable and explosive liquids. No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
(2)
Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property. Such walls and fences shall be distant not less than 10 feet from any property line and shall be distant not less than 25 feet from any public street.
(3)
Deposit of wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
(4)
Other hazardous materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
C.
Junkyards and automobile wrecking shall not be permitted.