Manchester Village City Zoning Code
ARTICLE VII
District Regulations
§ 290-33 Application of regulations.
The regulations set by this chapter shall be the minimum regulations within each district and shall apply uniformly to each class or kind of structure or use of land, except as hereinafter provided:
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
No building or structure shall hereafter be erected or altered which:
Exceeds the height limitation for any structure within a specified district;
Accommodates or houses a greater number of families;
Occupies a greater percentage of lot area; or
Has narrower or smaller yards or other open spaces than herein required or is in any other manner contrary to the provisions of this chapter and the requirements of the New York State Uniform Code.
No part of a yard or other open space or off-street parking or loading space required or provided in connection with any building or use for the purpose of complying with the regulations set forth herein shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building or use, except as provided in Article XI.
No yard or lot existing at the time of enactment of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet or exceed the minimum requirements established herein.
§ 290-34 R-1 Residential District.
In an R-1 Residential District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
Permitted principal uses. Permitted principal uses shall be as follows:
Single-family dwellings, not to exceed one principal structure per lot.
Permitted accessory uses.
Permitted accessory uses shall be as follows:
One private garage or carport with a maximum capacity of 720 square feet for the parking of automobiles of residents on the premises. The use of a private garage for the repair of automobiles or other vehicles for a profit shall not constitute a permitted accessory use.
Customary accessory structures serving residential uses, including, but not limited to, private swimming pools, fences, storage buildings, tollhouses, green-houses, tennis courts, pet shelters and fireplaces, all subject to the following provisions:
No more than two detached accessory buildings, excluding private garages, may be located on any single parcel of land. Detached accessory buildings with less than 50 square feet of floor area shall not be included in determining the number of accessory buildings on a property.
The total area of all detached accessory buildings on any single parcel of land, including buildings with less than 50 square feet of floor area, shall not exceed 200 square feet in area. The area of detached private garages shall not, however, be included in determining the total square footage of detached accessory buildings.
With the exception of detached private garages, all detached accessory buildings shall be located behind the rear foundation wall of the principal building and in accord with the setback requirements for rear and side yards specified in Schedule I.[1] Detached garages shall be located to the rear of the front building line of the principal building and may be located in a side yard in accord with the setback requirements specified in Schedule I.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
Antennas and towers.
Not more than one ground-mounted satellite television dish antenna, not more than 12 feet in diameter and 16 feet in height, may be permitted for each property. No satellite television dish antenna shall be located in a front yard. The minimum setback of a ground-mounted satellite television dish antenna from all property lines shall be 16 feet. A zoning permit issued by the Code Enforcement Officer or designee shall be required prior to placing a dish in operation. The Village shall require the applicant to screen the dish antennas in order to reduce potential nuisance or disturbances to adjacent properties.
Other antennas or towers may be either ground-mounted, mounted on or attached to a building for support. Such antennas or towers shall not exceed 15 feet above the maximum height of the buildings on which they are mounted or to which they are attached or accessory thereto. A zoning permit issued by the Code Enforcement Officer or designee shall be required prior to placing a ground-mounted antenna in operation.
An antenna or tower which is ground-mounted shall be located in rear yards only. Antennas or ground-mounted towers shall be set back from all other structures and all property lines a distance which is not less than 1 1/2 times the distance between the highest part of such antenna or tower and the ground. Guy wires, anchors and other supports for an antenna shall not be closer than 10 feet to any property line.
Other accessory uses not specified herein may be approved by the Village Board, provided that the Board determines that such uses are clearly accessory to the permitted principal use and consistent with the purpose and intent of the zone district and this chapter. The Village Board shall request an advisory opinion from the Planning Board prior to making such a determination.
Dimensional requirements. The dimensional requirements for this district are specified in the Zoning Schedule which is a part of this chapter.[2]
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
Special uses. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board:
Essential services, excluding power plants, maintenance buildings and storage yards.
Two-family dwellings, including duplexes.
Multiple-family dwellings.
Multiple-family developments.
Townhouse clusters and developments.
Residential conversions.
Home occupations.
Rooming houses.
Tourist homes/bed-and-breakfast establishments.
Windmills.
Public and semipublic uses and buildings.
Cluster residential developments.
Mobile home parks.
§ 290-35 C-1 Commercial District.
In a C-1 Commercial District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
Permitted principal uses.
Permitted principal uses shall be as follows:
Retail business establishments conducted entirely within an enclosed building which are clearly of a neighborhood service character, such as, but not limited to, the following:
Personal service establishments conducted entirely within an enclosed building which are clearly of a neighborhood service character, such as, but not limited to, the following:
Barber- and beauty shops.
Shoe repair and fix-it shops.
Business and professional offices, including, but not limited to, medical, real estate and insurance offices and banks. Banks with drive-in facilities shall be permitted, provided that at least five car-length spaces are provided in the approach drive within the property line of the lot for each drive-in teller's window. Such spaces shall be exclusive of required off-street parking spaces.
Laundries and dry-cleaning establishments.
Restaurants and taverns.
Drive-in restaurants and eating establishments where a substantial percentage of sales are to takeout customers, provided that such uses shall not be closer than 200 feet to a residential district.
Newspaper printing, including incidental job printing. Such operations shall be limited to having not more than 10 full-time persons engaged therein at any one time and using not more than 20 horsepower in electric motor power.
The sale of new and used automobiles. Sales may be conducted either in a fully enclosed building or from an unenclosed lot. Such uses shall be subject to the following conditions:
Any unenclosed area for the parking or storage of vehicles shall be paved, suitably drained and maintained in a neat and orderly manner and in good order and condition.
All exterior illumination shall be approved by the Planning Board and shall be shielded from the view of all surrounding properties and streets.
Suitable landscaping and/or fencing of such unenclosed area shall be required, and the grade of such area shall at no point exceed 7%.
No establishment for the sale of new and used automobiles shall be opened, conducted or maintained except as provided above. None of the provisions of this section, however, shall be deemed to prohibit the continuance of the present use of any property for the sale of new and used automobiles, provided that any such continued use shall be subject to all of the provisions of this section. Plans for any changes required to bring about such conformance shall be submitted to and approved by the Planning Board before any such change shall be made. The Planning Board may approve, modify or disapprove such plans and may impose reasonable and appropriate conditions to such approval so that the spirit of this chapter shall be observed.
A minimum area of 200 square feet shall be provided on the lot for each automobile displayed, parked or stored in any unenclosed area. Each automobile stored or displayed therein shall be placed or parked parallel to each other facing in the same direction toward the street upon which such lot fronts, and such automobiles shall be arranged in an orderly manner in such spaces.
Bus and railroad stations.
Building supply and farm equipment stores.
Electrical, heating, plumbing or woodworking shops.
Assembling, converting, altering, finishing, cleaning or any other processing of products, provided that:
Goods so produced or processed are to be sold at retail exclusively on the premises;
Space used for such purposes shall not occupy more than 20% of the area devoted to retail sales, shall be clearly incidental to such retail use and shall be fully concealed from any street;
Except in connection with newspaper printing, electric motor power not exceeding a total of 10 horsepower shall be used exclusively. An installation of 10 horsepower or less using fuel other than electricity may be used upon a finding by the Code Enforcement Officer or designee that said installation is expected to be free of nuisance characteristics and will have no adverse effect on neighboring uses; and
Not more than five persons shall be engaged in such production/processing at any one time.
Public markets.
Funeral parlors.
Hotels, motels and motor courts.
Any combination of two or more of the above uses on a single or contiguous parcel of land and developed with a unified architectural style and common driveways. This type of development and use is commonly known as a "shopping center."
Other business uses which, in the opinion of the Village Board, are similar in nature and scale to those permitted above. The Village Board shall request an advisory opinion from the Planning Board prior to making such a determination.
Upon the approval of the Village Board, a principal building may contain a combination of residential and business uses, provided that such residential uses are accessory to the business conducted and located elsewhere than on the street frontage of the ground floor and having a minimum habitable area as required in the schedule.[1] Prior to approving such a mixed-use building, the Village Board shall request an advisory opinion from the Planning Board.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
Permitted accessory uses. Permitted accessory uses shall be as follows:
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business use.
Off-street parking, loading and unloading facilities, signs, fences and landscaping subject to the provisions of this chapter.
Satellite television dish antennas subject to the provisions of § 290-34B; however, a building-mounted antenna may be permitted by approval of the Village Board if it can be demonstrated that a ground-mounted location is not appropriate or would not provide adequate reception. No building-mounted television dish shall exceed four feet in diameter and extend more than six feet above the height of the building to which it is attached.
Other accessory uses not specified herein, may be approved by the Village Board, provided that the Board determines that such uses are clearly accessory to the permitted principal use and consistent with the purpose and intent of the zone district and this chapter. The Village Board shall request an advisory opinion from the Planning Board prior to making such a determination.
Dimensional requirements. The dimensional requirements for this district are specified in the Zoning Schedule which is a part of this chapter.[2]
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
Special uses. Special uses shall be as follows:
Essential services, excluding power plants, maintenance buildings and storage yards.
Motor vehicle service stations and auto repair shops.
Public and semipublic uses and buildings.
Car wash establishments.
Commercial recreation uses.
Other provisions and requirements for uses in the C-1 District.
The gross aggregate floor area of all buildings on a single parcel of land shall not exceed two times the area of the lot on which such building(s) is located.
Except as otherwise provided herein, all permitted uses, whether principal or accessory, including all storage, shall be carried on in a fully enclosed building. Such provisions shall not apply to any parking or storage of vehicles associated with new or used car sales or to the parking of registered vehicles, outdoor loading or other service activities.
§ 290-36 I-1 Restricted Industrial District.
In an I-1 Restricted Industrial District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be or used, in whole or in part, for any uses except the following:
Permitted principal uses. Permitted principal uses shall be as follows:
Any use of a light industrial nature is permitted which involves only the processing, assembly, compounding or packaging of previously prepared or refined materials, provided that at no time shall such use result in or cause:
Dissemination of dust, smoke, smog, observable gas, fumes or odor or other atmospheric pollution, objectionable noise, glare or vibration that will be evident beyond the property line.
Hazard of fire or explosion or other physical hazard to any adjacent building or any land area adjacent to the site of the use.
Violation of applicable standards or regulations adopted and enforced by any federal, state, county or Village environmental or health agency or legislative body. Violation of such standards shall result in the revocation of an existing certificate of occupancy and/or certificate of compliance and the immediate cessation of operations. The correction of the violation and new certificates shall be a prerequisite to the resumption of such industrial operations.
The following uses are indicative of those which are intended to be permitted:
Manufacture of machinery, such as cash registers, sewing machines, and other office machines.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Fabrication of metal products, such as baby carriages, bicycles, metal foil, tin, aluminum, gold, etc., metal furniture, musical instruments, sheet metal products and toys.
Fabrication of paper products, such as bags, book bindings, boxes and packaging materials, office supplies and toys.
Fabrication of wood products, such as bolts, boxes, cabinets and woodworking, furniture and toys.
Food and associated industries, such as bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, ice cream manufacturing and manufacturing of spirituous liquor.
The warehousing or storage of goods and products, such as building materials, farm supplies and the like, which may be sold from the premises to the general public. The bulk storage of fuel for resale is specifically excluded from the intent of the above.
Office buildings for executive, engineering and administrative purposes.
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.
The compounding and processing of pharmaceutical and cosmetic products.
Commercial storage buildings.
Other uses which, in the opinion of the Village Board, are similar in nature and scale to those permitted above. The Village Board shall request an advisory opinion from the Planning Board prior to making such a determination.
Permitted accessory uses. Permitted accessory uses shall be as follows:
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted use.
Off-street parking, loading and unloading facilities and signs, fences and landscaping subject to the provisions of this chapter.
Other accessory uses not specified herein, may be approved by the Village Board, provided that the Board determines that such uses are clearly accessory to the permitted principal use and consistent with the purpose and intent of the zone district and this chapter. The Village Board shall request an advisory opinion from the Planning Board prior to making such a determination.
Dimensional requirements. The dimensional requirements for this district are specified in the Zoning Schedule which is a part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
Other provisions and requirements for uses in the I-1 District.
Residential uses shall be prohibited, except for a caretaker's residence on-site.
The manufacturing of all goods, including, but not limited to, the processing, assembly, compounding and packaging of materials shall be performed in a fully enclosed building.
Incidental storage out-of-doors may be permitted, provided that such materials are shielded from view from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures.
All permitted uses shall set aside not less than 20% of the lot area to be devoted to seeding, planting, retention of tree cover or other landscaping. This area shall be used for no other purposes.
Each use shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard.
Off-street parking areas may be located in any yard area, provided that they are not less than 75 feet from a right-of-way line or 30 feet from any other property line.
The gross aggregate floor area of all buildings on a single parcel of land shall not exceed 120% of the area of the lot on which such buildings stand.
Where lot lines coincide with or are located within residential district boundaries, there shall be planted along such lines evergreen trees of such type and spacing as may be required by the Planning Board. Such trees shall be not less than six feet in height at initial planting and adequate ultimately to screen all operations on the lot from the view of properties in the adjoining residential districts. All landscaping shall be properly maintained throughout the life of any use on any lot. Existing screening, trees or landscaping within 100 feet of any street or residential district boundary shall not be removed except with the approval of the Planning Board.
§ 290-37 I-2 General Industrial District.
In an I-2 General Industrial District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
Permitted accessory uses. Permitted accessory uses shall be as follows:
All uses permitted in the I-1 Restricted Industrial District.
Dimensional requirements. The dimensional requirements for this district are specified in the Zoning Schedule which is a part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 290-38 FP-O Floodplain Overlay District.
Purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.
Control filling, grading, dredging and other development which may increase erosion or flood damage.
Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
Qualify for and maintain participation in the National Flood Insurance Program.
Objectives. The objectives of this section are to:
Protect human life and health.
Minimize expenditure of public money for costly flood control projects.
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
Minimize prolonged business interruptions.
Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone, and sewer lines and streets and bridges located in areas of special flood hazard.
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
Provide that developers are notified that property is in an area of special flood hazard.
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
General provisions.
Lands to which this section applies. This section shall apply to all areas of special flood hazard within the Village of Manchester.
Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled the "Flood Insurance Study for the Village of Manchester of Ontario County, New York," dated January 20, 1984, with accompanying Flood Insurance Rate Maps and Flood Boundary - Floodway Maps is hereby adopted and declared to be a part of this section. The Flood Insurance Study and maps are on file at the Village Office, 8 Clifton Street, Manchester, New York, 14504.
Interpretation; conflict with other laws.
This section has been developed in response to revisions to the National Flood Insurance Program, effective October 1, 1986, and shall supersede all previous laws and ordinances adopted for the purpose of establishing and maintaining eligibility for flood insurance.
In their interpretation and application, the provisions of this section shall be held to be the minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted rules, regulations, local laws or ordinances, the most restrictive or that imposing the higher standards shall govern.
Overlay district. The FP-O District shall not be independently mapped upon the Zoning Map, but shall be mapped in conjunction with an underlying district. The area within the FP-O District shall be identical to the areas of special flood hazard within the Village of Manchester. The Zoning Map serves to provide a close approximation of the special flood hazard area. The FIRM Maps and Flood Boundary-Floodway Map shall be used to determine the exact legal boundaries of the special flood hazard area.
Uses permitted; dimensional requirements. The uses permitted and the dimensional requirements for the FP-O District shall be determined by the regulations specified in this article for the primary or underlying zone district.
Penalties for noncompliance. Penalties for noncompliance with these regulations are specified in Article XIII of this chapter. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under § 290-38F will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Village of Manchester, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
Administration.
Designation of the local administrator.
The Code Enforcement Officer or designee is hereby appointed local administrator to administer and implement this section by issuing floodplain development permits in accordance with its provisions.
Prior to issuing a floodplain development permit for the construction, expansion, demolition or substantial alteration of any building or the change in use of any land area or building within an area of special flood hazard, the Code Enforcement Officer or designee shall refer all information and documentation to the Planning Board. The Planning Board shall review the information and approve or deny the issuance of the permit by the Code Enforcement Officer or designee. The Planning Board, prior to reaching its decision, shall request an advisory opinion from the Code Enforcement Officer or designee. In addition, the Planning Board may consult with the Village Engineer and/or the Village Attorney. The Planning Board shall notify the Code Enforcement Officer or designee of its decision, and the Code Enforcement Officer or designee, acting on the written direction of the Planning Board, shall either issue or deny the permit.
Establishment of floodplain development permit. A floodplain development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in § 290-38C(2). Application for a floodplain development permit shall be made on forms furnished by the Code Enforcement Officer or designee and may include, but not be limited to: plans, in triplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing.
Application stage. The following information is required where applicable:
Elevation, in relation to mean sea level, of the proposed lowest floor, including basement or cellar, of all structures.
Elevation, in relation to mean sea level, to which any nonresidential structure will be floodproofed.
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria of § 290-38E(1)(c).
Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria of § 290-38E(2)(b)[2].
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
Construction stage. Upon placement of the lowest floor or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the Code Enforcement Officer or designee a certificate of the elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Code Enforcement Officer or designee shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.
Duties and responsibilities of the Code Enforcement Officer or designee. The duties of the Code Enforcement Officer or designee shall include, but not be limited to:
Permit application review.
Review all floodplain development permit applications to determine that the requirements of this section have been satisfied.
Review all floodplain development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
Review all floodplain development permit applications to determine whether the proposed development adversely affects the area of special flood hazard. For the purposes of this section, "adversely affects" means physical damage to adjacent properties. An engineering study may be required of the applicant for this purpose.
Review all floodplain development permits for compliance with the provisions of § 290-38E(1)(e), Encroachments.
Provide an advisory report to the Village Board on all applications for floodplain development permits.
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 290-38C(2), Basis for establishing the areas of special flood hazard, the Code Enforcement Officer or designee shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer § 290-38E(2), Specific standards, and § 290-38E(3), Floodways.
Information to be obtained and maintained.
Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar, of all new or substantially improved structures and whether or not the structure contains a basement or cellar.
For all new or substantially improved floodproofed structures:
Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed.
Maintain the floodproofing certifications required in § 290-38E(2)(b)[2].
Maintain for public inspection all records pertaining to the provisions of this section including variances when granted and certificates of compliance.
Alteration of watercourses.
Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York, 10278.
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
Interpretation of FIRM boundaries.
The Code Enforcement Officer or designee shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions.
Base flood elevation data established pursuant to § 290-38, Subsection C(2) and/or D(3)(b), when available, shall be used to accurately delineate the areas of special flood hazard. The Code Enforcement Officer or designee shall use flood information from any other authoritative source, including historical data, to establish the limits of the areas of special flood hazard when base flood elevations are not available.
Stop-work orders.
All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the Code Enforcement Officer or designee. Disregard of a stop-work order shall be subject to the penalties described in Article XIII of this chapter.
All floodplain development found noncompliant with the provisions of this section and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the Code Enforcement Officer or designee. Disregard of a stop-work order shall be subject to the penalties described in Article XIII of this chapter.
Inspections. The Code Enforcement Officer or designee and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of either the floodplain development permit or the approved variance.
Certificate of compliance.
It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Code Enforcement Officer or designee stating that the use of any building or land is in conformance with the requirements of this section.
All other development occurring within the designated flood hazard area will have, upon completion, a certificate of compliance issued by the Code Enforcement Officer or designee.
All certificates shall be based upon the inspections conducted subject to § 290-38D(3)(g) and/or any certified elevations, hydraulic information, flood-proofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit.
Provisions for flood hazard reduction.
General standards. In all areas of special flood hazard, the following standards are required:
Anchoring.
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
All mobile homes shall be installed using methods and practices which minimize flood damage. Mobile homes must be elevated and anchored to resist flotation, collapse or lateral movement. Mobile homes shall be elevated to or above the base flood elevation or two feet above the highest adjacent grade when no base flood elevation has been determined. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
Construction materials and methods.
Utilities.
Electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
Subdivision proposals.
All subdivision proposals shall be consistent with the need to minimize flood damage.
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for mobile home parks and subdivisions) greater than either 50 lots or five acres.
Encroachments.
All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the areas of special flood hazard set forth in § 290-38D(3)(a), Permit application review. This may require the submission of additional technical data to assist in the determination.
In all areas of special flood hazard in which base flood elevation data is available pursuant to § 290-38, Subsection C(2) or D(3)(b), and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
In all areas of the special flood hazard where floodway data is provided or available pursuant to § 290-38C(2), the requirements of § 290-38E(3), Floodways, shall apply.
Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 290-38C(2), Basis for establishing the areas of special flood hazard, and § 290-38D(3)(b), Use of other base flood and floodway data, the following standards are required:
Residential construction. New construction and substantial improvements of any resident structure shall:
Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation.
Have fully enclosed areas below the lowest floor that are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either have the lowest floor, including basement or cellar, elevated to or above the base flood elevation or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
If the structure is to be floodproofed:
A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
A licensed professional engineer or licensed land surveyor shall certify the specific elevation, in relation to mean sea level, to which the structure is floodproofed.
The Code Enforcement Officer or designee shall maintain on record a copy of all such certificates noted in this section.
Construction standards for areas of special flood hazard without base flood elevations. New construction or substantial improvements of structures, including mobile homes, shall have the lowest floor, including basement, elevated to or above the base flood elevation as may be determined in § 290-38C(2) or two feet above the highest adjacent grade where no elevation data is available.
New construction or substantial improvements of structures, including mobile homes, shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent grade next to the proposed foundation of the structure.
Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
Openings may be equipped with louvers, valves, screens or other coverings or openings, provided that they permit the automatic entry and exit of floodwaters.
Floodways. Located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by § 290-38, Subsection C(2) and D(3)(b), all encroachments, including fill, new construction, substantial improvements and other development shall be prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
Variance procedure.
Appeals Board.
The Board of Appeals as established by the Village Board shall hear and decide appeals and requests for variances from the requirements of this section.
The Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Code Enforcement Officer or designee in the enforcement or administration of this section.
Those aggrieved by the decision of the Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
In passing upon such applications, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section and:
The danger that materials may be swept onto other lands to the injury of others.
The danger to life and property due to flooding or erosion damage.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
The importance of the services provided by the proposed facility to the community.
The necessity to the facility of a waterfront location, where applicable.
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
The compatibility of the proposed use with existing and anticipated development.
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding.
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems and streets and bridges.
Upon consideration of the factors of § 290-38F(1)(d) above and the purposes of this chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
The Code Enforcement Officer or designee shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.
Conditions for variances.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 290-38F(1)(d)[1] through [12] have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance would normally increase.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the contributing structures procedures set forth in the remainder of this section.
Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Variances shall only be issued upon receiving written justification, as follows:
A showing of good and sufficient cause.
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.