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Horseheads Town City Zoning Code

ARTICLE IV

General Provisions

§ 204-8 General development regulations.

Except as hereinafter provided, the following general provisions shall apply to land use and development in the Town of Horseheads:
No land or building shall hereinafter be used or occupied and no building or part thereof shall hereafter be enlarged or its use altered unless such action is in conformance with all the regulations specified for the zone in which said action occurs.
No land to be offered for sale or transfer of ownership shall hereafter be built upon unless it has frontage on or direct permanent access to a street improved in accordance with Town standards.
Minimum lot sizes specified in this chapter shall be subject to approval and modification by the Chemung County Health Department to meet applicable Health Department regulations. In areas where public sewer and/or water facilities are not available, the Health Department standards for minimum lot size shall take precedence over any less restrictive provisions of this chapter.
No lot shall hereafter be reduced or altered so as to result in a lot that does not meet the minimum area or yard requirements prescribed by this chapter.
Any lot held in single and separate ownership prior to the adoption of this chapter whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for that district may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that:
Such lot does not adjoin other undersized lot or lots held by the same owner, whose aggregate area is equal to or greater than the minimum lot area required for that district.
[Amended 8-11-1982]
Such lot has an area of at least 4,000 square feet and a minimum width of at least 50 feet at the required setback line.
All front, side and rear and all bulk requirements for that district are complied with.
Hereafter, if a residential and nonresidential use are to be located in one structure on a single lot within any zone, the applicable lot area and frontage requirements for the dwelling in that zone shall apply, to which shall be added 25% of the applicable lot area and frontage requirements for the nonresidential use.
No yard or off-street parking space provided about any building for the purpose of complying with the provision of this chapter shall be considered as providing a yard or off-street parking for any other building.
No single-family dwelling in any district shall be erected or altered so as to provide for less than 750 square feet of enclosed first floor areas.
In determining the percentage of building coverage of the size of yards for the purpose of this chapter, porches or covered terraces open at the sides but roofed shall be considered a part of the building.
The provisions of this chapter shall not apply to fences and walls less than six feet above the natural grade, except as specified in Subsection K below. Further, the provisions of this chapter shall not apply to steps, unroofed porches or terraces or other similar features less than three feet above ground floor level.
No structure, fence or planting over three feet in height or less than 12 feet from the ground shall be maintained on any corner lot within a triangular area formed by the lot lines, along the streets to the points on such lines a distance of 40 feet from their intersection and a line connecting such points. Any fence or planting that does not conform to the requirements of this subsection and which results in an obstruction to the vision of motorists shall be made to conform within 30 days from the effective date of this chapter.
The height limitations of this chapter shall not apply to farm buildings or structures, church spires, belfries, cupolas, chimneys, sky lights, mechanical equipment, water tanks, monuments, utility lines, solar energy equipment, windmills for energy generation and similar features.
Within six months after work on any excavation for a building has begun, such excavation shall be covered over or filled by the owner to the normal grade. Any excavation or cellar hole remaining after the demolition or destruction of a building from any cause shall be covered over or filled after 30 days' notice by the Code Enforcement Officer. The Town Board may order said excavation to be covered and filled and shall charge the owner of said property any cost connected therewith. If an excavation meets the definition of “land development activity” as defined in this chapter, a stormwater pollution prevention plan must be prepared in conformance with Chapter 166.
[Amended 9-14-2005 by Res. No. 107-2005]
No travel or camping trailer, unlicensed or unregistered motor vehicle, boat or snowmobile or similar equipment shall be stored in the front yard of any lot in a residential zone.
When a lot is divided by a zone boundary, the regulations and requirements of the least restrictive zone may be extended on application to the Zoning Board of Appeals or upon application for a variance.
Mobile home parks, trailer camps, tourist camps or similar facilities may only be permitted after application for and approval of zoning in a planned unit development pursuant to Article XIV of this chapter and shall be developed in accordance with the provisions of said Planned Unit Development District and Chapter 132, Mobile Homes and Mobile Home Parks.
Except in a manufacturing or agricultural district, there shall be no outdoor storage of goods, supplies, equipment, rubbish, refuse or junk. No permanent storage shall be allowed in a trailer or other nonpermanent movable structure.
[Amended 10-4-1995 by L.L. No. 5-1995]
No garbage or rubbish shall be burned in any open fire in any district in the Town.
[Amended 12-14-1994]
The business of selling and dealing in secondhand and used cars permitted in a business and/or manufacturing district may be carried on, provided that all said cars, trucks and other automobiles shall be in a good state and condition of repair and can be operated at all times under their own power and shall comply at all times with all requirements of the laws of the State of New York and rules and regulations promulgated thereunder for operation thereof on public highways, and provided that such cars, trucks or other automobiles shall not be parked or stored within the required front yard for the district.
Natural drainageways shall be preserved in their natural state and shall be kept free of debris or other obstructions to water flow. Where relocations of such a drainageway cannot be avoided, it must be carried out in a way that will assure the free and unobstructed flow of stormwater in accord with a stormwater pollution prevention plan as required by Chapter 166.
[Amended 9-14-2005 by Res. No. 107-2005]
Flood hazard areas.
Notwithstanding any other provision of this chapter, all development occurring within a flood hazard area as delineated on the Zoning Map and involving a building or landfill shall be permitted only by approval of the Zoning Board of Appeals upon recommendation of the Town Planning Board. In considering requests for such approval, the Board of Appeals shall be satisfied that such structure or fill will not significantly retard the free flow of floodwaters and that the lowest habitable floor of any dwelling will be above the flood level or be floodproofed.
In general, the flood hazard boundary will be considered to coincide with the limit of the special flood hazard area as shown on maps prepared by the Town of Horseheads and the United States Department of Housing and Urban Development, as periodically amended.
The Zoning Board of Appeals may require floodproofing measures for all buildings and structures other than those which have low flood damage potential. Of special concern will be:
Provisions for anchorage or added weight to prevent flotation and lateral movement of the structure.
Design of water supply systems so as to minimize infiltration of floodwater.
Design and location of sewage disposal systems so as to prevent contamination from said systems during flooding.
This provision shall be applicable to construction in all zone districts to the extent that such districts are within the flood hazard area.
Roadside stands.
[Amended 10-4-1995 by L.L. No. 5-1995]
All roadside stands allowed in any zone hereunder shall be in place only during its period of use and thereafter shall be removed and stored out of sight of the public highway.
In the event that a permanent, nonbusiness structure not in excess of 400 square feet is permitted to be used hereunder, then, upon expiration of the permit, all goods held for sale shall be removed from the premises or stored and not held for sale.