New York Mills Village
City Zoning Code
City Zoning Code
ARTICLE II
Districts and Use Regulations
§ 200-4 Designation of districts.
[Amended 6-10-2003 by L.L. No. 1-2003; 4-13-2004 by L.L. No. 1-2004]
For the purpose of this chapter the Village of New York Mills is divided into the following districts:
R-1 | Residential District | |
R-2 | Residential District | |
R-3 | Residential District | |
C-1 | Retail Commercial District | |
C-2 | General Commercial District | |
M-1 | Manufacturing District | |
Planned Development District: P-D | ||
P-R | Planned Unit Residence District | |
P-C | Planned Commercial District | |
P-M | Planned Manufacturing District | |
PDMU | Planned Development Mixed Use | |
§ 200-5 Zoning Map.
The location and boundaries of said districts are hereby established on the Zoning Map of the Village of New York Mills, dated February 15, 1973, which is attached hereto and is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
§ 200-6 Interpretation of district boundaries.
The district boundary lines are intended generally to follow the center lines of streets; the center lines of railroad rights-of-way; existing lot lines; the center lines of creeks, streams, and other waterways; and Village boundary lines. Where a district boundary line does not follow such a line, its position shall be shown on the Zoning Map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated.
Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundary.
Where district boundaries are so indicated that they are approximately parallel to the center of right-of-way lines of streets or highways, such district boundaries shall be construed to be parallel thereto and at such distance therefrom as indicated on the Zoning Map.
Where a district boundary line divides a lot in single ownership at the time of the passage of the ordinance from which this chapter is derived, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided the lot has frontage on a street in the less restricted district.
In case of uncertainty as to the true location of a district boundary line in a particular instance, the Zoning Officer shall make a determination with respect thereto.
§ 200-7 Application of regulations.
Except as hereinafter otherwise provided:
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used, or intended to be used for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located.
No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.
No building shall be erected, no existing buildings shall be altered, enlarged, or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, and building location regulations hereinafter designated for the district in which such building or open space is located.
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
No lot in any R-1 or R-2 Residential District shall be used for more than one residential structure, unless lot area and yard requirements are met for each dwelling, including required street frontages.
§ 200-8 Residential districts.
Purpose.
The purpose of these regulations is to delineate those areas where predominantly residential development has occurred or will be likely to occur in accordance with the Village Plan.
To improve the character of residential areas by requiring standards of land use and lot and building size which accurately reflect existing and desirable development.
To protect the integrity of residential areas by prohibiting the intermixture of incompatible nonresidential uses.
R-1 Residential District. In the R-1 Residential District no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
R-2 Residential District. In the R-2 Residential District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
[Amended 1-14-1980 by L.L. No. 1-1980; 4-13-1999 by L.L. No. 3-1999; 6-8-2021 by L.L. No. 3-2021]
Uses permitted as a special exception by the Board of Appeals:
R-3 Residential District. In the R-3 Residential District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
Uses permitted as a special exception by the Board of Appeals:
Public utility station or structure.
Greenhouses and nurseries.
[Added 1-14-1980 by L.L. No. 1-1980[2]]
§ 200-9 Commercial districts.
C-1 Retail Commercial District.
The purpose of this subsection is to delineate an area where retail stores, personal services and offices; recreational, institutional and cultural facilities; and municipal buildings and services are provided for the community; and to encourage new development in the Retail Commercial District by providing for public and commercial off-street parking areas for patrons of the businesses in the district.
In the C-1 Commercial District no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
Uses permitted:
Existing residential uses.
Retail store, bakery for retail sale of goods primarily on the premises.
Personal service shop.
Launderette.
Restaurant, tavern.
Business or professional office, studio.
Educational, eleemosynary, religious, or philanthropic institutions.
Florist shop.
Funeral home.
Club or lodge, except those the chief activity of which is a service customarily carried on as a business.
Radio, television, or household appliance sales or service.
Antique sales and accessory service.
Nursing home and/or extended care facilities. Notwithstanding any other provisions in this chapter, the uses enumerated in this subsection shall not be permitted in any other zoning district.
Public utility station or structure.
Business signs.
Customary accessory uses.
Business office equipment, business machine sales and service.
[Added 12-9-1985 by L.L. No. 5-1985]
C-2 General Commercial District.
The purpose of this subsection is to delineate areas appropriate for commercial uses which are oriented either to highway use or intended for service to vehicles, or non-retail commercial uses.
In the C-2 General Commercial District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
Uses permitted:
Uses permitted in the C-1 Retail Commercial District, except residences.
Motel, restaurant, tavern.
Automobile, boat, farm implement, mobile home, trailer, snowmobile, or motorcycle sales or rental.
Garage, gasoline station.
Used car sales.
Laundry, dry-cleaning plant.
Office equipment, business machines sales and service.
Letter press shop, printing plant.
Animal hospital, kennel.
Hardware, building supplies.
Heating, plumbing, air-conditioning, electrical, cabinet or similar fabrication shop.
Bowling alley, billiard or pool hall.
Business sign.
Customary accessory uses.
§ 200-10 M-1 Manufacturing District.
Purpose. The purpose of this section is to delineate those areas best suited for industrial use because of location, transportation, topography, existing facilities, and relation to other land uses; and to preserve the integrity of the manufacturing areas by excluding uses which are incompatible with industry.
In the M-1 Manufacturing District no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
Uses permitted:
Uses permitted in the C-2 Commercial District.
Metal fabrication, welding.
Concrete products.
Machine shop.
Light manufacturing or assembly plant.
Wholesale, storage, or warehouse facility.
Cold storage or meat packing plant.
Development or research center.
Business sign.
Customary accessory building or use.
§ 200-11 Planned development districts.
Purpose.
[Amended 4-4-1977 by L.L. No. 1-1977; 6-10-2003 by L.L. No. 1-2003; 4-13-2004 by L.L. No. 1-2004]
The purpose of this section is to provide for new residential, commercial or manufacturing districts in which economies of scale, or creative architectural or planning concepts may be utilized by the developer without departing from the spirit and intent of this chapter; and to insure that the regulations of this section are so interpreted and applied that the benefits of this chapter to the residents or occupants of the planned development district and the residents or occupants of adjacent properties will be protected.
To further the purposes of planned development, certain areas on the Zoning Map have been designated P-D without specifying whether they are P-R, P-C, P-M, or PDMU. The intent of this section is to require owners of property designated as P-D to apply to the Village Board of Trustees for a Zoning Map amendment changing the zone classification of their property from P-D to P-R, P-C, P-M, or PDMU or an appropriate combination of such classifications pursuant to Subsection B(1), below, and be granted such rezoning, prior to becoming eligible to apply for construction of a building project pursuant to Subsection B(2) below.
Procedure to establish planned development districts. Planned development districts and building projects within a planned development district may be established in accordance with the procedure specified below.
[Amended 4-13-2004 by L.L. No. 1-2004]
Application for designation of a planned development district by amendment of the Village Zoning Map shall be made to the Village Board. The Village Board shall refer the application to the Planning Board within 10 days after receipt of the application. The applicant shall furnish basic data pertaining to the boundaries of the proposed planned district, existing zoning, topography, drainage, and soil conditions, and such preliminary plans as may be be required for an understanding of the proposed development, with the petitions for the desired zoning change.
Application for construction of a building project with an established planned district shall be made to the Village Board. The Village Board shall refer the application to the Planning Board within 10 days after receipt of the application. The applicant shall furnish necessary data regarding topography, building types and layout, setback, off-street parking and loading, ingress and egress, signs, existing and proposed amenities such as screening, planting and ornamental features, and such preliminary construction plans and other data as may be required for an understanding of the proposed development.
Use, area and height limitations and other regulations. The use, areas and height limitations and access, parking and loading, regulations for planned development districts shall be as follows:
[Amended 4-4-1977 by L.L. No. 1-1977; 9-22-1980 by L.L. No. 3-1980; 6-10-2003 by L.L. No. 1-2003; 4-13-2004 by L.L. No. 1-2004]
Uses permitted in P-C Planned Commercial District:
Retail stores or shopping center.
Business or professional offices.
Bank or other monetary institution.
Data processing center.
Motel, restaurant.
Personal service shops, such as barber or beauty shop.
Bowling alleys.
Office equipment or business machines sales and rental.
Laundry or dry-cleaning plant, launderette.
Uses permitted in P-M Planned Manufacturing District:
Planned Commercial District uses.
Development or research center.
Light manufacturing.
Printing or publishing plant.
Tool, dye, machine or metal craft shop.
Within the planned districts, the following regulations shall apply:
Area.
Minimum lot size in a planned district shall be as recommended by the Planning Board using Schedule A as a guideline, subject to final approval by the Board of Trustees.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
The calculation of area for a planned district shall not include easements, existing parks, existing streets or otherwise dedicated land; water areas in excess of 10% or the minimum gross acreage; lands designated on the official map for public purposes; or land undesirable by reason of topography, drainage, or adverse subsoil conditions.
Yard dimensions. Exterior yards at district boundaries shall be a minimum of 50 feet from commercial to commercial or industrial, and 200 feet from commercial, or industrial to any residential district. Planned Development Mixed Uses shall be limited as recommended by the Planning Board subject to final approval by the Board of Trustees.
Building height. The height of buildings shall be limited as recommended by the Planning Board subject to final approval by the Board of Trustees.
Ingress and egress. Locations for ingress and egress shall be approved by the Planning Board, and in the case of planned commercial or industrial districts, shall be so arranged as not to connect with local residential streets.
Off-street parking. Off-street parking requirements in any planned district shall be as recommended by the Planning Board using Schedule B (§ 200-20) as a guideline, subject to final approval by the Board of Trustees.
Off-street parking in a planned commercial district. Parking in any front yard in a planned commercial district shall be separated from the street or highway right-of-way by a lawn or planting area 20 feet or more wide. Parking or loading in any planned commercial district shall be adequately separated and screened from any adjacent residential district.
Off-street parking in a planned manufacturing district. Off-street parking in a planned manufacturing district shall be confined to the side or rear yard, and shall be adequately separated and screened from any adjacent residential district.
Off-street loading. Off-street loading facilities shall be provided for each commercial or manufacturing establishment and shall be so arranged as not to interfere with pedestrian or motor traffic on the public highway, or any adjacent residential area.
Review by Planning Board. The Planning Board shall review any planned development district application and may require such changes in the preliminary plans as are found to be necessary to meet the requirements of this chapter, to protect the established or permitted uses in the vicinity, and to promote the orderly growth and sound development of the community. In reaching its decision on the proposed development and changes, if any, in the preliminary plans, the Planning Board shall consider, among other things, the following:
The existing character of the neighborhood.
The location of principal and accessory buildings on the site in relation to one another and to other structures and uses in the vicinity.
The pedestrian circulation and open space in relation to structures.
The traffic circulation features within the site, and the amount, location, access to automobile parking areas and loading areas.
The height and bulk of buildings.
The proposed location, type, and size of signs, driveways, and landscape features.
The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.
Storm drainage, sanitary and solid waste disposal in and adjacent to the area.
Approval by Planning Board. The Planning Board shall approve, approve with modifications, or disapprove an application:
For designation of a planned development district amendment of the Zoning Map of the Village; or
For a building project within an established planned development district, and shall report its findings to the Village Board within 45 days following the date of referral to the Planning Board by the Village Board. Planning Board approval of the preliminary plans shall not constitute nor imply a permit for said project.
Village Board action. The Village Board shall hold a public hearing on any proposal to create or change a planned development district, with public notice, as provided by law as in the case of any amendment to a zoning ordinance. The Village Board may amend this chapter to establish and define the type and boundaries of the planned district, after a public hearing.
Approval by Village Board; vote to override Planning Board. A building project within a planned district shall conform substantially with the preliminary construction plans approved by the Planning Board. A building permit may be issued only after construction plans and specifications have been filed and approved by resolution of the Village Board. In the event the Planning Board disapproves a building project within a planned development district, or approves with modifications which the applicant is unwilling to make, an affirmative vote of not less than 3/4 of the members of the Village Board shall be required to approve the said building project.
Time limitations. If construction work on the proposed building project is not begun within time limits specified by the building permit, or if such work is not completed within the period of time specified by such permit, approval of the project application shall become null and void and all rights therein shall cease, unless the Village Board for good cause authorizes an extension.
Conditions to run with land. All conditions imposed by the Village Board, including those the performance of which are conditions precedent to the issuance of any permit necessary for the development of any part of the entire site, shall run with the land and shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area. Such conditions shall be stated in any certificate of occupancy issued for any use or structure in such development.