Lowville City Zoning Code
ARTICLE V
General Regulations
§ 201-505 Uses not permitted.
In all zones, the following uses are not permitted: junkyards; machinery wrecking yards; smelters; blast furnaces; slaughterhouses; rendering plants; hide tanning or curing plants; manufacturing or processing of fertilizer, bone, rubber, asphalt, ammonia, or chlorine; manufacture or refining of petroleum, gas, or explosives; bulk storage of explosives; dumps, except municipally operated sanitary landfill.
§ 201-510 Yards on corner lots.
Any yard adjoining a street shall be considered a front yard for the purpose of this chapter. If a lot adjoins two or more streets, the yard that faces the street used in the property address shall be considered the front yard.
§ 201-515 Landfill.
The dumping of refuse and waste material for landfill is prohibited. Loam, rock, stone, gravel, sand, cinders, concrete, concrete blocks and soil may be used for clean fill to grades approved by the Planning Board, upon issuance of a special permit.
§ 201-520 Manufactured home locations.
[Amended 9-15-2021 by L.L. No. 5-2021]
It shall be unlawful for any person to park a manufactured home on any public or private property within the Village except in accordance with the provisions contained in this chapter.
A.
Pursuant to New York State Executive Law Article 21-B, Title 2, a manufactured home that is affixed to a permanent foundation and conforms with the identical development specifications and standards, including general aesthetics and architectural standards, applicable to conventional site-built single-family dwellings in the residential district in which the manufactured home is to be sited and upon compliance with such standards will be a single-family dwelling for all areas within the Village when such residences are to be permitted.
B.
Without being in compliance with the requirements contained in § 201-520A as noted above, the manufactured home is only allowable within a manufactured home park as established pursuant to § 201-545 of this chapter.
C.
Within any manufactured home sales lot that is otherwise duly permitted to offer manufactured homes for sale to the public.
§ 201-525 Manufactured home standards.
All manufactured homes shall be in compliance with standards equal to or more stringent than the U.S. Department of Housing and Urban Development (HUD) Manufactured Mobile Home Construction and Safety Standards, 24 CFR 3280 (1976). The applicant is responsible for providing adequate evidence that these standards have been complied with. The presence of a permanent certification label affixed to the mobile home by the manufacturer stating that the home is in compliance with such standards shall be presumptive evidence that the construction of a manufactured home is in compliance with such standards.
§ 201-530 Home-based businesses.
A.
All home-based businesses shall be subject to the following standards:
(1)
Operation shall be limited to the interior of a building and not visible from the street or from adjacent parcels.
(2)
The exterior of a building containing a home-based business shall not be altered to accommodate the business.
(3)
Operation shall be limited in size to 25% of building floor area or 500 square feet, whichever is less.
(4)
One on-premises sign, not to exceed six square feet, shall be allowed.
(5)
Excessive noise, light, glare, vibrations, and/or electronic and microwave interference with radios, TVs and other household appliances shall not be produced.
(6)
Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m.
(8)
The business shall employ a maximum of three people.
B.
Child day-care centers, repair garage operations, and medical surgical procedures shall not be conducted as home-based businesses.
§ 201-535 Accessory dwelling unit.
A.
No more than one accessory dwelling unit shall be allowed for each single-family dwelling.
B.
Each accessory dwelling unit shall be a maximum of 500 square feet of floor area.
C.
If separate entrance to the accessory dwelling unit is provided, it shall be to the side or rear of the single-family dwelling.
§ 201-540 Accessory uses and structures.
A.
Accessory uses and structures shall be allowed on the premises of any principal use in any zone.
B.
The establishment or change of an accessory use or structure which is incidental to a use requiring a site plan review pursuant to this chapter shall likewise require a site plan review.
C.
The establishment or change of an accessory use or structure which is incidental to a use requiring a special use permit pursuant to this chapter shall likewise require a special use permit.
D.
When an accessory building is attached to a principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
§ 201-545 Manufactured home parks.
Manufactured home parks shall comply with the following:
A.
Manufactured home parks shall be at least five acres in area and shall provide for individual manufactured home sites, access driveways and parking.
B.
Each manufactured home site shall be at least 9,000 square feet in area, and at least 70 feet wide by at least 125 feet in depth, and shall front onto an access driveway or street.
C.
All access driveways within a manufactured home park must have a gravel surface at least 20 feet wide and 12 inches in depth of compacted gravel.
D.
Each manufactured home site shall have a water supply source approved by the New York State Department of Health.
E.
Each manufactured home site shall have a sewage disposal system in compliance with State Department of Health regulations.
F.
No manufactured home site or service building shall be closer to a public street line than 50 feet, nor closer to a property line than 30 feet.
G.
A buffer strip at least 25 feet wide shall be maintained as a landscaped area abutting all manufactured home park property lines.
H.
No additions shall be made to a manufactured home except a canopy and/or porch open on three sides, or an addition made by the manufactured home manufacturer.
§ 201-550 Drive-in uses.
A.
Drive-in uses shall be allowed only in VC and AC Zones upon approval of a special use permit. The Planning Board shall issue such permit only upon compliance with the requirements of this section.
B.
Drive-in uses shall be allowed only in areas where vehicular traffic will not interfere with, or be detrimental to, the safety, comfort, and convenience of nearby residences, businesses, public or semipublic uses, and pedestrian ways.
C.
Drive-in uses shall be designed so that no vehicular traffic shall need to queue for services on public streets or sidewalks. Facilities with drive-up service bays or windows shall have a minimum of five waiting spaces for each drive-up lane. Each waiting space shall be at least 20 feet in length. Where multiple drive-up windows exist, there shall be one additional waiting space which shall be in a common lane. These standards may be modified where the Planning Board deems necessary.
§ 201-555 Multiple-family dwellings.
There shall be no more than 12 dwelling units in any multiple-family dwelling building.
§ 201-560 Dwelling units in VC Zones.
No portion of a structure located on the ground floor facing the street shall be used for residential purposes in the VC Zone.
§ 201-565 Repair garages.
Repair garages shall comply with the following:
A.
All motor vehicle parts and dismantled vehicles are to be stored within a building and no repair work is to be performed outside of a building.
B.
There shall be no more than two access driveways from the street. The maximum width of each access driveway shall be 30 feet.
C.
The Planning Board may require a suitably curbed landscaped area complying with this chapter to be maintained at least five feet in depth along all street frontage not used as a driveway.
§ 201-570 Retail gasoline outlets.
Retail gasoline outlets shall comply with the following:
A.
Outlets shall not be located within 300 feet of any lot occupied by a school, hospital, library or religious institution. Measurement shall be made between the nearest respective lot lines.
B.
Lot size shall be 20,000 square feet, minimum.
C.
Lot frontage shall be 150 feet, minimum.
D.
Lot depth shall be 125 feet, minimum.
E.
Pumps, lubricating and other service devices shall be located a minimum of 14 feet from the front lot line and a minimum of 50 feet from side and rear lot lines.
F.
All fuel and oil shall be stored a minimum of 35 feet from any property line.
G.
No signs shall extend beyond the pumps, nor exceed 15 feet in height.
H.
There shall be no more than two access driveways from the street. The maximum width of each access driveway shall be 30 feet.
I.
The Planning Board may require a suitably curbed landscaped area complying with this chapter to be maintained at least five feet in depth along all street frontage not used as driveway.
§ 201-575 Essential facilities.
Essential facilities shall comply with the following:
A.
The facility shall be surrounded by a fence.
B.
A landscaped area complying with Article X of this chapter, at least 15 feet wide, shall be maintained in front, side and rear yards.
C.
The facility shall be designed and located such that any noise generated shall not interfere with the comfort and convenience of residents living in the vicinity.
§ 201-580 Line of sight for traffic safety.
A.
No accessory structure, fence, wall, or hedge shall be erected in such a manner as to confuse or obstruct the views of any traffic sign, signal, or device, or obstruct the visibility of vehicles entering or exiting highways.
B.
On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet and 10 feet above the street centerline grades of two intersecting streets, in the area bounded by the street lines of such corner lot and a line joining points along said street lines 20 feet from the point of the intersection.
§ 201-585 Fences and hedges.
A.
No person being the owner or occupant of lands and premises shall construct, use or maintain a fence or hedge at a height of more than eight feet. No person being the owner or occupant of lands and premises shall construct, use or maintain a fence along the boundary line of any street, sidewalk or grounds at a height of more than two feet, measured perpendicularly from the street grade, if located within 20 feet from the intersection of two street lines, or so as to interfere with the view of traffic approaching the intersection within a distance of 75 feet measured along the center line of each street from the intersection of such center line.
B.
All fences and hedges shall be set back at least two feet from property lines to allow for maintenance of the structure.
C.
All fences shall be constructed of vinyl, wood, composite, ornamental wire, picket, iron or hedge. Finished side of all fences shall face neighboring properties.
§ 201-590 Adult entertainment uses.
Adult entertainment uses shall be permitted in Industrial (I) Zones only if the following conditions are met:
A.
Such uses may not be located within 300 feet, measured from lot line to lot line, of churches, schools, parks, playing fields or other areas in which groups of minors regularly congregate.
B.
No such use may be located on a New York State highway.
C.
Such uses shall not be located within 50 feet of any residential lot line.
D.
Such uses shall not be located within a one-thousand-foot radius of another such use.
E.
Only one sign shall be permitted and visible from the exterior of a building which is occupied by a regulated use, and such sign shall be no larger than four square feet and must be attached to the building and not on its roof. Such sign shall not consist of any material other than plain lettering. No sign shall have any photographic or artistic representation whatsoever there on.
F.
No off-site advertising shall be allowed.
G.
All building openings, entries, windows, doors, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior from the outside of the premises. Windows shall be of opaque glass.
H.
Adult uses shall be fully screened from all residential properties by fencing or hedges at least eight feet in height.
I.
Outdoor lighting shall be limited to a light by the entrance and a shielded light on the structure. No colored lights are allowed.
§ 201-595 Land disturbance.
[Added 9-19-2018 by L.L. No. 7-2018]
A. CLEARING EXCAVATION GRADING GRUBBING LAND CONTOUR WORK LAND DISTURBANCE MECHANICAL MEANS
Definitions. As used in this section, the following terms shall have the meanings indicated:
Removing surface encumbrances from a land area, including but not limited to trees, logs, stumps, brush, stones, vegetation and earth.
Removal of material, regardless of its nature, from below the existing ground surface.
Leveling, sloping, raising, lowering or otherwise changing the existing surface of land area.
The removal of root systems incident to surface growths of trees and vegetation.
The stripping of vegetation and/or top soil, or surface grading which changes the existing natural slope by 5% or more, excavation, filling, mining, and/or any other activity causing the additional and/or displacement of soils by mechanical means.
Any movement of earth by a motorized device of any kind, except that "motorized device" shall not include devices such as garden or lawn tractors, post hole diggers, and similar devices which have as their primary purpose residential use.
B.
A land disturbance permit will be required:
(1)
Of any person changing more than 20% of their property.
(2)
Where such disturbance will result in 10,000 square feet of soil disturbance or could change the character of the surrounding properties.
(3)
If located in a flood zone, (a site plan review will also be required).
(4)
Any activity that will disturb over 250 square feet of land with 10% or greater slope.
(5)
Such permit must be obtained from the Zoning Officer.
(6)
Generally, construction activities that involve one acre or more of land disturbance must obtain a State Pollutant Discharge Elimination System (SPDES) permit. Operators of potential construction activities should contact the local NYSDEC office for a determination whether or not a SPDES permit is required in addition to a local land disturbance permit.
C.
Exemptions:
(1)
Land contour work performed in connection with or in the course of the erection of one or more buildings or other structures or in connection with land uses pursuant to a permit issued by the buildings and codes department, provided, however that:
(a)
Such permit specifically authorizes such land contour work, and
(b)
Such land contour work is performed entirely within the lot lines of the building site for which such permit is issued. In such cases where water courses, drainage ditches, conduits or other means of carrying off water exist on the property and are to be altered or relocated, the developer/owner shall comply with the Department of Environmental Conservation requirements for stormwater discharges.
(2)
Normal agricultural activities relating to cultivation, planting of crops, and/or harvesting inherent in farming, gardening or similar agricultural or horticultural activities which are otherwise permitted in that zoning district. Land disturbances related to residential or commercial landscaping that meet the threshold for needing a land disturbance permit is not exempt from the provisions of this chapter.
D.
No condition shall be created or maintained as the result of land contour work that will interfere with existing drainage unless a substitute therefor is provided which is satisfactory to the Zoning Officer and Department of Environmental Conservation in accordance with criteria established by such departments. Watercourses, drainage ditches, conduits and other like or unlike means of carrying off water or disposing of surface water shall not be obstructed by refuse, waste, building materials, earth, stones, tree stumps, branches or by any other means that may interfere with surface drainage or cause the impoundment of surface waters either within or outside the area on which contour work is performed. All excavations shall be drained and the drainage maintained as long as the excavation continues or remains. Where necessary, pumping shall be used. Reestablishment of grass seed or flora necessary to prevent erosion, shall be established within a period of seven days after completion of excavation/development.
E.
Stop work order.
(1)
Whenever buildings and codes department shall determine that a condition has been created, or has resulted by reason of land contour work which violates any provision of Subsection B hereof, the department may serve a stop work order upon the owners of the land upon which such condition has been created or has occurred, to correct such condition within the time designated in such order.
(2)
Service of an order upon an owner pursuant to the provisions of this section shall be made personally upon such owner or by certified mail addressed to the last known address of the person whose name appears upon the records in the office of the village collector as being the owner of the premises or as the agent of such owner or as the person designated by the owner to receive the tax bills or, if no such name appears, to the address set forth as the address of the owner in the last recorded deed with respect to such premises. A copy of such order shall also be filed in the clerk's office of each county where the property is situated and shall be posted in a conspicuous place on the premises.
§ 201-596 Smoke shops and tobacco stores.
[Added 9-15-2021 by L.L. No. 6-2021]
A.
Notwithstanding any other provision of this chapter to the contrary, smoke shops and tobacco stores shall be a conditionally permitted use only in the following zones, subject to the regulations contained in this chapter: AC - Auto Commercial Zone.
B.
All smoke shops and tobacco stores wishing to operate within the above zones after the effective date of this chapter must obtain a special use permit.
C.
Additional zoning and land use standards for smoke shops and tobacco stores shall be as follows:
(1)
Smoke shops and tobacco stores shall not be located within 1,500 feet, measured property line to property line, from a school (public or private), family day-care home, child-care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.
(2)
Smoke shops and tobacco stores shall not be located within 500 feet, measured property line to property line, from another smoke shop and tobacco store.
(3)
It is unlawful for a smoke shop and tobacco store to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any smoke shop and tobacco store.
(4)
Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.
(5)
Only one smoke shop/tobacco store is allowed at a time per 3,000 Village residents.
§ 201-600 Recreational vehicles and campers.
[Added 4-19-2023 by L.L. No. 3-2023]
A.
General intent. It is the purpose of this section to promote the health, safety and general welfare of the inhabitants of the Village of Lowville by the more efficient regulation of recreational vehicles and campers.
B. CAMPER OCCUPANT RECREATIONAL VEHICLE (RV)
Definitions. As used in this section, the following terms shall have the meanings indicated:
A vehicle, be it self-driven or towed, with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational and vacation uses.
The individual residing overnight in a camper or recreational vehicle.
Any building, structure or vehicle designed and/or used for living or sleeping and/or recreational purposes and equipped with wheels to facilitate movement from place to place, and automobiles when used for living or sleeping purposes, and including pickup coaches (campers), motorized homes, travel trailers, and camping trailers not meeting the specifications required for a manufactured home or mobile home.
C.
Prohibition.
(1)
No camper or recreational vehicle shall be occupied within the Village except in approved and permitted mobile home parks or recreational vehicle parks, with the exception that the temporary occupancy by family of the owner of the real property or the invited guest of the owner of the real property upon which the recreational vehicle or camper is located shall be permitted, provided that the recreational vehicle or camper not be occupied in excess of 14 days in a calendar month. In no event shall a recreational vehicle or camper be utilized as a rental unit or occupied upon a lot where there is no existing one-, two-, or multiple-family residence other than in an approved and permitted mobile home or recreational vehicle park.
(2)
No more than one camper or recreational vehicle shall be allowed, stored or maintained on any residential lot within the Village.
(3)
Any existing recreational vehicle or camper located on a property without a primary structure may remain until such time as the unit becomes uninhabitable. No replacement will be permitted.