Mc Graw Village City Zoning Code
ARTICLE X
Supplementary Regulations
§ 175-23 Application of regulations.
All uses permitted by this chapter shall be subject to such exceptions, additions or modifications as are provided in the following supplementary regulations.
§ 175-24 Prohibited uses.
Any use not specifically permitted by these regulations is prohibited.
§ 175-25 Yard requirement exceptions.
In computing yard depths required by this chapter the following rules shall be observed:
Patios. A ground level patio shall not be considered as part of a building in the determination of side or rear yard sizes or lot coverage; provided, however, that such patio is unroofed and without walls, parapets or other forms of enclosure. Such patio, however, may have an open guardrail not over three feet high and shall not project into any yard to a point closer than four feet to any lot line.
§ 175-26 Lots in two districts.
Where a district boundary line divides a preexisting lot in single or joint ownership of record at the time such line is adopted, the regulations applying to the major portion of the lot shall apply to the whole lot, and in the case where the lot is divided exactly in half by the district line, the regulations of the more restrictive district shall apply to the whole lot. However, if the back of such a lot fronts on a residential street and the effect is to extend a commercial or industrial use onto the residential street, the above provisions shall not apply, and each portion of the lot shall conform to its respective district.
§ 175-27 Number of principal structures on one lot.
In any district, not more than one principal structure shall be erected on a single lot.
§ 175-28 Corner lots.
On corner lots there shall be provided on the side street a side yard equal in depth to the required front yard depth on said side street. Such lots shall be deemed to have two adjoining front yards. The two remaining yards shall be deemed side yards.
§ 175-29 Use and parking of recreational vehicles (RVs).
[Amended 11-20-2018 by L.L. No. 4-2018]
The use of a recreational vehicle (RV) as a permanent or a temporary dwelling unit, for living, sleeping, housekeeping or residential purposes and the connection of such RV to utility services are prohibited unless otherwise specified in the Zoning Ordinance of the Village of McGraw.
A recreational vehicle (RV) may, however, be used as temporary lodging while parked on the same lot with a dwelling, provided the RV is not used for such purpose for more than two separate periods per year, which shall not exceed seven days each, and further provided that all applicable health and safety standards are met and, in no case, shall the use be for any remuneration.
No recreational vehicle (RV) may be parked or stored in any area in a front yard, except in business or industrial areas where such vehicles are temporarily displayed for sale.
§ 175-30 Temporary sales.
Rummage sales shall be permitted without a permit in all areas, provided that such sale shall be conducted for a period of no longer than three consecutive days or parts thereof in one calendar week nor a cumulative total of six days or parts thereof in one calendar month.
§ 175-31 Commercial/industrial storage.
All production or processing of materials or substances shall be within an enclosed building.
All commercial/industrial storage shall be effectively screened from view of pedestrian passersby on any public way adjacent to the premises containing such storage.
Storage of waste products must be completely enclosed within a building or storage shed.
§ 175-32 Screening walls, fences and hedges.
Residential district.
In any residential district, a front yard fence may be erected not to exceed three feet in height. It shall not be closer than the rear of the sidewalk line, and it shall have a minimum open-to-closed ratio of 1:1.
A security fence or a privacy fence, not to exceed six feet in height, may be erected. The fence may be erected only within the rear and side yards, provided that it is no closer than one foot to the property line.
Hedges may be permitted in front yards, provided that no hedge along the sides or front edge of the front yard shall exceed 2 1/2 feet in height.
Schools, playgrounds and parks. A security fence provided for schools, playgrounds and parks in any district shall not be more than 10 feet in height.
Business and industrial districts. A fence may be erected in industrial districts at least one foot from the property lines. Fences shall not exceed 10 feet in height and shall have a minimum height of five feet.
Fence design standard. All fences in any district shall meet the following standards:
A fence shall be constructed and maintained to withstand a wind load of no less than 15 pounds per square foot. All materials shall be treated against infestation or corrosion.
No fence shall be constructed with barbed or electric wire, broken glass or other similar high-risk injury-causing materials on any surface.
All fences shall be maintained by the property owner to meet the original design specifications.
All fences must be constructed in such a manner that the side of the fence from which the structural supports are most readily observable face inward on all sides and not towards the outside portion of the lot upon which the fence is erected.
Required buffer strip.
If the use of a residentially zoned lot is other than as a single- or two-family dwelling, a buffer strip 10 feet in width shall be provided at the side or rear lot line which abuts the single- or two-family dwelling use.
A buffer strip 10 feet in width shall be provided upon all non-residentially-zoned lots which abut a residentially zoned lot at the side or rear lot line.
Each buffer strip shall be planted with at least two trees and/or shrubs every 10 linear feet. The remainder of each buffer strip shall be landscaped in grass, ground cover, or other vegetation wall or fence. If woodlands are located within the required landscaped area, preservation of such woodlands may substitute for the required trees and/or shrubs. If woodlands are located in only part of the required landscaped area, the number of trees and/or shrubs required may be proportionally reduced.
Landscaping of buffer strips shall not interfere in any manner with either on-site or off-site traffic visibility.
The owner and occupant of property upon which a buffer strip is located shall maintain the buffer strip in such a manner as to preserve its intended appearance.
§ 175-33 Visibility at intersections.
A clear-sight triangle at street intersections shall be maintained. The "clear-sight triangle" is an area encompassed by the intersecting street lines of a corner lot and a straight line joining said street lines at points which are a distance of 30 feet from the point of intersection of the street lines. The height of any vegetation fence, wall or any other structure, whether man-made or natural, except for the natural grade of the land, shall not exceed 2 1/2 feet above the top of the curb or, if no curb exists, above the level of the intersecting center lines of the street.
The Code Enforcement Officer shall have the authority to enforce the removal of any materials that are in violation of this section. Failure to comply with his written order within 10 days shall be considered a violation. If after 30 days from such notice the material has not been removed, the Village of McGraw shall have the authority to remove such material and will charge the owner for the cost of the removal.
§ 175-34 Private swimming pools.
Swimming pools shall be erected in the rear yard of the premises (except that, in the case of a corner lot or a double lot, the side yard may be used if all other requirements of this chapter are met).
Swimming pools shall not be erected closer than eight feet to the rear and side property lines of the premises or, in the case of a corner lot, closer than 25 feet to any street line along an abutting street.
Swimming pools shall not occupy more than 40% of the area of the rear yard, excluding all garages or other accessory structures located in such area.
§ 175-35 Odd-shaped lots.
Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Zoning Board of Appeals shall determine how such regulations shall be applied.
§ 175-36 Porches.
No porch, whether enclosed or unenclosed, may project into any required yard but shall be considered a part of the building in the determination of the size of the yard or amount of lot coverage. Roofs over entrance doorways may extend not more than three feet into any required yard.
§ 175-37 Stripping of topsoil.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto. No topsoil shall be stripped, excavated or otherwise removed that will result in a slope steeper than one-foot vertical on three feet horizontal. No land shall be excavated until measures are taken to avoid soil loss or erosion. The excavation of any material shall require a special permit from the Village Planning Board.
§ 175-38 Artificial lighting.
Exterior artificial lighting or illumination that is installed, established and/or maintained on any real property within the Village shall adhere to the following:
Artificial lighting or the reflection therefrom shall not be installed, established or maintained in such a manner as to be a nuisance or as to unreasonably interfere with the quiet enjoyment of the occupants of neighboring properties.
Spotlights, floodlights and the like shall not be directed or aimed towards a neighboring property or operated in such a manner that light shines directly on or into any room, porch, or patio located on a neighboring property.
There shall be no artificial lighting or illumination of outdoor recreational facilities, except swimming pools.
Artificial lighting or the reflection therefrom shall not be directed towards any street or road within the Village so as to interfere with the visibility and/or safety of motorists.
The following lighting uses shall be prohibited in all zoning districts of the Village of McGraw:
§ 175-39 Outdoor wood boilers.
Minimum lot size: 20,000 square feet.
No person shall, from the effective date of this chapter, operate an outdoor wood boiler unless such operation conforms with the manufacturer's instructions regarding such operation and the requirements of this article regarding chimney height and the fuels that may be burned in an outdoor wood boiler.
With respect to any outdoor wood boiler installed, such outdoor wood boiler must be set back a minimum of 50 feet from any property line.
All operating instructions supplied by the manufacturer must be followed in the use of such wood boiler.
The only fuels allowed shall be those listed fuels recommended by the manufacturer. The following are prohibited: trash, plastics, gasoline, rubber, naphtha, household garbage, material treated with petroleum products (particle board, railroad ties and pressure-treated wood), leaves, paper products and cardboard.
The manufacturer's written instructions for recommended loading times and amounts must be followed in the use of wood boilers.
Use of lighter fluids, gasoline, or chemicals to start the wood boiler is prohibited.
The unit must be located with due consideration to the prevailing wind direction.
Chimney height.
If located 50 feet or less from any residence not served by the wood boiler, it is recommended that the stack be at least two feet higher than the eave line of the residence.
If located more than 50 feet but not more than 100 feet from any residence, it is recommended that the stack be at least 75% of the height of the eave line of that residence, plus an additional two feet.
If located more than 100 feet but not more than 150 feet from any residence, it is recommended that the stack be at least 50% of the height of the eave line of that residence, plus an additional two feet.
If located more than 150 feet but not more than 200 feet from any residence, it is recommended that the stack be at least 25% of the height of the eave line of that residence, plus an additional two feet.