Manchester Village City Zoning Code
ARTICLE V
General Provisions Applicable to All Districts
§ 290-27 Applicability.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone district of this chapter and meeting the requirements set forth herein. Open space contiguous to any building shall not be encroached upon or reduced in any manner, except in conformity with the area and bulk requirements, off-street parking requirements and all other regulations required by this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter and the certificate of occupancy or certificate of compliance, as appropriate, shall become null and void.
§ 290-28 Preservation of natural features.
No structure shall be built within 50 feet of the edge of a stream carrying water on an average of six months of the year, except for:
Public bridges, public waterworks and other municipal or public utility facilities.
Such private bridges, fords, drainage conduits, embankments and similar structures as are necessary to permit access to a lot or portion thereof or as are incidental to a lawful use of a lot, provided that such structure will not have a material adverse effect on the stream, nor alter the flow of water therein, nor substantially increase the likelihood of flood or overflow in the area.
No movement of earth or filling of any material shall be permitted in any district without a permit issued by the Village of Manchester subject to the provisions of this chapter.
No person shall strip, excavate or otherwise remove topsoil for use other than on the premises from which taken, except in connection with the approved construction or alteration of a building, swimming pool or other use or structure on such premises pursuant to the provisions of this chapter.
No movement of earth or erosion shall be permitted at any time in any district which adversely affects conditions on any other property.
Whenever natural features, such as trees, brooks, drainage channels and views, interfere with the proposed use of property, the retention of the maximum amount of such features consistent with the intended use of the property shall be encouraged.
§ 290-29 Regulations applicable to all zones.
Except as specifically provided herein, no lot shall have erected upon it more than one principal building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
No site preparation or construction shall be commenced until final subdivision approval has been granted by the Planning Board and the subdivision map has been filed in the Ontario County Clerk's office or site plan approval has been granted by the Planning Board and all conditions of said approval have been met. Upon application, the Planning Board may, in special circumstances, grant approval for site preparation in advance of final approval. Said application shall be supported by good and sufficient reasons for starting in advance of final approval and must contain adequate surety for the performance of the work.
Accessory buildings attached to a principal building shall comply with the yard requirements of this chapter for the principal building.
No detached accessory building shall exceed 16 feet in height.
Detached accessory buildings incidental to permitted uses in nonresidential districts shall not be closer to the street or right-of-way line than the minimum front yard setback for the principal building and in accord with the setback requirements for rear and side yards specified in Schedule I.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
The Planning Board may require detached accessory buildings to be fenced and/or buffered from adjacent properties consistent with approved site development plans in order to protect the value of adjacent properties.
Every principal building shall have access to a public street improved to meet Village requirements. Access may be either direct or by private road or drive approved by the Village. Said road or driveway shall have a right-of-way width of not less than 30 feet and a pavement width of not less than 20 feet, improved with a durable all-weather surface, subject to approval of the Planning Board. All structures shall be so located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking.
At the intersection of two or more streets, no hedge, fence or wall (other than a single post or tree) which is higher than 30 inches above ground level measured at the edge of the pavement or at the curb, nor any obstruction to vision, including agricultural crops, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 50 feet distant from said intersection. This triangular area shall be measured along the edge of the pavement.
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard setback area shall be measured from such proposed right-of-way line.
No business establishment shall place or display goods for purposes of sale or permit any coin-operated vending machine of any type to be placed in any location which would infringe upon the required yard areas specified in this chapter.
No manure, odor- or dust-producing substances shall be permitted to be stored within 250 feet of any lot line outside of a fully enclosed building.
For the purpose of regulating the location of buildings on corner lots and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.
No front yard shall be used for the open storage of boats, vehicles, travel trailers, snowmobiles and snowmobile trailers or other similar equipment on a residential lot, except for vehicular parking on driveways. Such equipment may be stored on the side of the building but no closer than 10 feet to the rear or side lot line.
No commercial vehicle with a load capacity of more than one ton shall be parked out-of-doors overnight or on Sunday in a residential district. No display vehicle for commercial purposes shall be parked in any district for display.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use or setbacks.
Nothing in this chapter shall restrict the construction, use or maintenance of public buildings, structures or facilities, parks or other publicly owned properties or the installation and maintenance of such public utilities as may be required to service any district. All facilities shall be subject to the yard requirements of this chapter and to site plan review.
Fences erected in the Village shall adhere to the following standards:
No fence located in an area between the front corner of a house in a residential district and the Village right-of-way shall be erected, altered or reconstructed to a height exceeding four feet above ground level.
[Amended 7-3-2000 by L.L. No. 1-2000; 8-7-2006 by L.L. No. 2-2006]
Fences in any rear yard or side yard of a residential district may be erected, altered or reconstructed to a height of six feet above ground level.
[Amended 7-3-2000 by L.L. No. 1-2000; 8-7-2006 by L.L. No. 2-2006]
Fencing used to enclose a tennis court may be permitted up to 10 feet in height, provided that such fencing is not less than 25 feet from either the side or rear property line.
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
Fences in nonresidential districts may be up to eight feet in height, except that they shall not exceed four feet in height in any front yard.
No fence shall be erected to encroach on any property line or upon a public right-of-way.
The face side of all fences erected shall be located so as to face the adjoining lot.
No fence shall be erected in a special flood hazard area.
If the use of any lot or building involves the disposal of sewage or wastewater and public sewers are not available, an adequate sanitary disposal system for the same shall be installed in accordance with regulations and standards promulgated by the New York State Department of Health and at all times maintained on such lot or in lawful connection therewith. The minimum lot area otherwise required shall be increased where necessary to the extent required to provide such disposal system. Certification of approval for the installation of on-site sewage disposal systems shall be obtained from the Department of Health prior to the start of construction.
No lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Village Board. Duly approved individual sewage disposal systems shall be excepted from this provision. Village Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New. York State Departments of Health and/or Environmental Conservation. The Village Board may require the submission of any documents necessary to make the foregoing finding. Consistent with the provisions of this Subsection S, this provision shall not prohibit the storage of animal waste upon any farm.
Discharges from individual sewage disposal systems shall be in accordance with approved plans and the procedures and standards of the New York State Departments of Health and Environmental Conservation.
All construction plans shall include consideration of stormwater drainage needs. Site grading shall direct water away from buildings and structures to the natural drainageway.
Any principal structure which has been vacant or which has had utility service disconnected for 12 consecutive months shall not be used for any purpose without obtaining a new certificate of compliance.
Any structure determined by the Fire Department to be completely destroyed by fire shall require a new building permit before any reconstruction is started. A new certificate of occupancy shall also be required. When a house is destroyed by fire or razed, the Planning Board will determine if the original (footprint) foundation can be utilized.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any structure partially destroyed by fire shall be rebuilt in accordance with this chapter. In addition, any change in a structure damaged by fire, including but not limited to, the size of the building, bearing walls, entranceways and building materials, shall require a new building permit, and said reconstruction shall meet or exceed the Uniform Code requirements and the provisions of this chapter.
No more than one antenna and no more than one television satellite reception dish shall be permitted on any lot in any district.
Every single- or two-family dwelling unit, including duplexes, built after the adoption of this chapter shall be constructed on a lot with a garage, either attached or detached to the principal building, large enough to house not fewer than one automobile for each dwelling unit.
The dumping of refuse, waste material and other substances shall be prohibited in all districts. This is not, however, to be construed as prohibiting filling to establish grades if a permit therefor is obtained from the Code Enforcement Officer or designee, and provided that the material used therefor shall consist solely of clean dirt, gravel and other clean fill, and provided that said material must be leveled off and covered with at least four inches of clean dirt, and subject to such other requirements as may be required by the Village Board.
No lot may be used or occupied and no structure may be erected, maintained or used for the raising, harboring or housing of pigeons, swine, goats, rabbits, cows, horses, poultry, foxes, mink, skunks or any other fur-bearing animals in any residential district, including the raising and/or keeping of dogs in kennels in any district.
Within two years following the adoption of this chapter, all legally preexisting junkyards shall be required to erect a solid fence not less than six nor more than eight feet in height to fully enclose all materials, equipment, vehicles or articles associated with the operation of the junkyard. The Planning Board shall determine the required setback of the fence from the property lines based upon the size and location of the parcel and the neighborhood character of the area.[2]