North Collins Village
City Zoning Code
City Zoning Code
ARTICLE V
Supplementary Regulations
§ 181-20 Application.
§ 181-21 Accessory use limitations.
A.
In no case shall an accessory use dominate, in extent or purpose, the principal use of land or building, except that required accessory uses such as vehicle parking areas may be larger than the building area.
B.
In any R-1, R-2 or R-3 District, no private garage or other accessory building shall be erected before the main building has been started; and under no condition shall a garage or other accessory building be used for living quarters unless attached to a dwelling.
C.
In any R-1, R-2 or R-3 District, the permitted accessory uses shall not include establishment of any new access driveway to business or industrial premises or any home occupation which is noxious or offensive by reason of dust, fumes, gas, noise, odor, refuse matter, smoke, vibration, unreasonable use of lights or nighttime operation. The foregoing restriction with respect to licensing shall be waived to allow the resident office of a licensed real estate or insurance agent or broker or of licensed professional persons in any district where expressly permitted.
§ 181-22 Division of lots.
Where a district boundary line divides a lot in single or joint ownership of record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided that the lot has frontage on a street or highway in the less restricted portion.
§ 181-23 Off-street parking.
A.
At the time any main building is erected or altered, off-street parking spaces as hereinafter specified shall be provided on the same lot therewith, but not in any required front yard or side-street side yard in any R-1, R-2 or R-3 District.
B.
There shall be one such parking space for each of the following:
(1)
Dwelling unit or family.
(2)
Two roomers, boarders or lodgers.
(3)
Tourist room or hotel room.
(4)
One hundred square feet of floor area used for retail sales or service, doctor's office, dance hall or skating rink.
(5)
Two hundred square feet of office floor area used by a dentist or other professional person.
(6)
Five hundred square feet of other office or business floor area, but not less than one parking space for each person employed on the premises.
(7)
One thousand square feet of manufacturing, storage or other industrial floor area, but need not exceed one parking space for each person employed on the premises.
(8)
Four seats in any auditorium, hall or other place of public assembly.
(9)
Two seats or standing places in any bar, cafe, restaurant or other eating place, but not less than one parking space for each 150 square feet of gross floor area.
C.
There shall be three parking spaces for each roadside stand, and 10 car spaces for each bowling alley.
§ 181-24 Utilities.
The provisions of this chapter shall not be construed to limit or interfere with the construction or operation, for public utility purposes, of water and gas pipes, electric light and power transmission and distribution lines, communication lines, oil pipelines, sewers and incidental appurtenances or with any highway or railroad right-of-way existing or hereafter authorized by the Village of North Collins, County of Erie or State of New York. The above exceptions shall not be construed to permit service yards, repair garages or other service or storage structures or uses by said public utilities except as otherwise permitted by this chapter.
§ 181-25 Sand and gravel pits; quarrying.
A.
The excavation or quarrying, stockpiling and sale of sand, gravel, rock, shale, clay or other natural mineral deposit, except topsoil, may be permitted in any district if approved by the Village Board, subject to conditions which, in the opinion of the Village Board, will:
B.
The Village Board may require the filing of an acceptable bond to guarantee compliance.
§ 181-26 Sanitation.
Dumping of garbage or rubbish shall be permitted only in locations and under conditions approved by the Village Board and the Erie County Department of Health. Any new or modified facilities for the treatment, storage or disposal of sewage, including excreta, bath, sink and laundry wastes or trade wastes, shall be provided and installed in accordance with the rules, regulations and standards of the New York State and Erie County Departments of Health.
§ 181-27 Flammable liquid or gas.
A.
The storage of flammable liquids, as defined herein (such as fuel oil and kerosene), shall be subject to the provisions of the New York State Uniform Fire Prevention and Building Code; provided, however, that storage of flammable liquids in quantities greater than 300 gallons is prohibited in any district except by special permit issued by the Board of Trustees.
B.
Except as provided in the New York State Uniform Fire Prevention and Building Code, no person shall keep or store any Class I or Class II flammable liquid in quantities greater than 10 gallons anywhere on the premises, except in underground tanks and in conformance with the recommendations of the National Board of Fire Underwriters, as certified by the Building Inspector.
C.
Underground gasoline tanks or other underground tanks formerly containing flammable liquids, which have been discontinued from service, shall be totally removed from the site by the property owner. In lieu thereof, and if sufficient justification exists, said tanks may be filled with sand or concrete, provided that the approval of the local Fire Department is first obtained.
§ 181-28 Topsoil.
No person 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 or paved parking area on such premises, and excavation or grading incidental thereto.
§ 181-29 Height exceptions.
A.
The height limitations of this chapter shall not apply to chimneys, church spires and belfries, water tanks, satellite dishes or necessary mechanical features not occupying more than 0.1 of the roof area.
[Amended 11-10-1992 by L.L. No. 1-1992]
B.
In any R-1, R-2, R-3 or B-1 District, a public or nonprofit institutional building may be erected to a height greater than that specified for the district, provided that each front, side and rear yard is increased one foot for each one foot of such additional height.
§ 181-30 Accessory buildings in residential districts.
[Amended 1-6-1998 by L.L. No. 1-1998]
A.
In any residential district, no accessory building shall be erected or altered so as to be:
B.
The following are maximum allowable size requirements for all accessory buildings erected in R-1, R-2 and R-3 Districts:
§ 181-31 Preexisting lots of record.
The requirements of this chapter with respect to lot area and lot width shall not be construed to prevent the erection of a one-family dwelling on any lot which was of record on the effective date of this chapter, provided that the yard and setback requirements are complied with, and provided, further, that the owner of such lot does not own other contiguous land which, together with the lot in question, would permit compliance with said lot area and/or lot width requirements.
§ 181-32 Street frontage required.
No dwelling shall be erected on any lot which does not have immediate frontage on an existing or platted street or highway.
§ 181-33 Projections into yards.
The following structures shall be allowed within required yards:
A.
A wall or fence not over three feet high in any front yard or side-street side yard.
[Amended 11-10-1992 by L.L. No. 1-1992]
B.
A wall or fence not over six feet high in any other yard.
[Amended 11-10-1992 by L.L. No. 1-1992]
C.
A retaining wall of any necessary height.
D.
Balconies, bay windows, chimneys and roof projections not exceeding three feet.
E.
Unenclosed porches and unenclosed stairs projecting into any required yard not more than 1/4 the required width or depth of such yard.
§ 181-34 Visibility at intersections.
No fence, wall, hedge, shrub, planting or tree foliage which obstructs sight lines at elevations between two and six feet above the roadway or sidewalk shall be placed or permitted to remain on any corner lot in the triangular area formed by intersecting street property lines and a line connecting them at points 50 feet distant from their intersection or, in the case of a rounded or cutoff corner, from the intersection of such lines extended.
§ 181-35 Signs.
The provisions for signs shall be as follows:
A.
In all districts.
(1)
No animated or flashing signs shall be permitted.
(2)
No sign at its highest point above ground shall exceed in height the maximum building height for the district.
(3)
No sign shall be located in any street right-of-way.
(4)
The erection of any sign shall have prior approval of the Building Inspector.
[Added 11-10-1992 by L.L. No. 1-1992; amended 10-15-1996 by L.L. No. 3-1996]
B.
In R-1, R-2, R-3 and RM Districts.
[Amended 11-10-1992 by L.L. No. 1-1992]
(1)
No sign using exposed tubes shall be permitted.
(2)
One announcement sign for a permitted professional office is permitted per lot, provided that it does not exceed three square feet in area on one side.
(3)
One real estate sale or lease sign is permitted per lot, provided that it does not exceed six square feet in area on one side.
(4)
One real estate development sign for each new subdivision of three or more lots is permitted, provided that it does not exceed 32 feet in area on one side.
(5)
Any other sign as specified for a special permit use is permitted.
C.
In B-1, B-2 and M-1 Districts, the following signs are permitted:
(1)
All signs permitted in any R-1, R-2, R-3 or RM District.
[Amended 11-10-1992 by L.L. No. 1-1992]
(2)
A sign advertising a business establishment and located on the same lot with it, provided that the total area of the sign does not exceed two square feet for each linear foot of building wall facing a street line or a lot line of an adjoining lot in a nonresidence district.
(3)
A sign advertising a group of stores, provided that it does not exceed 300 square feet on one side.
(4)
Conventional signs for a permitted gasoline service station.
§ 181-36 Fences.
A.
Height.
(1)
Fences may be erected, altered or reconstructed to a height not to exceed three feet above ground level when located within 25 feet of the street right-of-way toward which the front entrance of any dwelling in a residential zone faces.
(2)
Fences may be erected, altered or reconstructed to a height not to exceed six feet above ground level when located more than 25 feet from the street right-of-way in a residential zone.
(3)
Fences may be erected, altered or reconstructed to a height not to exceed six feet when located in the side or rear yards of any dwelling in a residential zone or in any yard of any use in a business zone.
B.
The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding eight feet above ground level anywhere within a public park, public playground, school premises or junkyard.
[Amended 11-10-1992 by L.L. No. 1-1992]
C.
Erection of fences.
[Amended 7-11-1995 by L.L. No. 2-1995]
(1)
All fences must be erected within the boundary line of the owner's property, subject to the discretion of the Code Enforcement Officer, and no fences shall be erected so as to encroach upon a public right-of-way.
[Amended 8-14-2001 by L.L. No. 1-2001]
(2)
Where there is an existing fence on the property line, the homeowner has the option to abut to the existing fence only if both parties are agreeable. A variance is not needed to invoke this subsection.
D.
All fences shall be maintained in a safe and upright condition. The decorative side of any fence, wall or other structure shall face out away from the principle building or structure. All support posts must face the property which is erecting the fence.
[Amended 7-11-1995 by L.L. No. 2-1995]
E.
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
F.
The following fences and fencing materials are specifically prohibited: barbed-wire fences, sharp-pointed fences, canvas, cloth, electrically charged fences, snowfences, expandable fences and collapsible fences at any location on the lot upon which a dwelling or structure is situated.
G.
Before a fence shall be erected, a building permit must be obtained from the Building Inspector. A request for a permit shall be accompanied by a site plan which shall show the height, material and location of the fence in relation to all other structures and buildings and in relation to all streets, lot property lines and yards.
H.
If the Building Inspector, upon inspection, determines that any fence or portion of any fence is not being maintained in a safe, sound or upright condition, he shall notify the owner of such fence in writing of his findings and state briefly the reasons for such findings and order such fence or portion of such fence repaired or removed within 30 days of the date of the written notice.
§ 181-37 Recreational vehicles.
A.
Permitted uses.
(1)
Any recreation vehicle, as defined in § 181-3, may be stored or parked in a residential zone only as follows:
(a)
Within an enclosed building meeting all local building ordinances.
(b)
On any lot or parcel of property within a residential zone, in the rear of and not closer than three feet to any building or structure or to any lot or parcel line.
(c)
In a side or front driveway of a lot or parcel of property in a residential zone but not closer than three feet to any building or structure or any lot or parcel lot line and so as not to block the view of passersby, of cars being driven out of driveways and the view of traffic moving along the street nearby to the property on which the recreational vehicle is stored and additionally not closer than 15 feet to the closest public sidewalk or street line, whichever is nearest to the stored or parked recreational vehicle.
(2)
An unmounted pickup (slide-in) camper, truck cap, boat or snowmobile may be stored or parked on any lot or parcel within a residential zone but not closer than three feet to any building or structure and so as not to block the view of passersby, of cars being driven out of driveways and the view of traffic moving along the street nearby to the property on which the recreational vehicle is stored and not closer than 15 feet to any public sidewalk or street line and not closer than three feet to any parcel or property line.
(3)
Where a building permit has been issued for the construction or alteration of a building, the Building Inspector may issue a temporary permit for one trailer for a period not to exceed six months. Said temporary permit may be extended for one additional period of six months if the Building Inspector finds that construction has been diligently pursued and that justifiable circumstances require such an extension. Said trailer may be occupied during the term of the temporary permit and shall be situated upon the lot for which the building permit has been issued. Prior to the issuance of such a temporary permit by the Building Inspector, the location of said trailer on the lot shall be subject to Planning Board approval. Said Board may attach to its approval whatever conditions it deems necessary to carry out the intent of this chapter.
(4)
One boat may be stored on an occupied lot in any residence district, provided that it is not stored in the required front yard of such lot.
B.
Prohibited uses.
(1)
No stored or parked recreational vehicle, as defined herein, shall be occupied or used for human habitation, including but not limited to sleeping, eating or resting between the hours of 10:00 p.m. and 6:00 a.m., local time.
(2)
No recreational vehicle, as defined herein, or unmounted boat or snowmobile which is in a state of externally visible disrepair or partial construction shall be stored or parked in any side or front driveway in a residential zone. It may, however, be stored or parked in the rear of such lot or parcel of property in the residential zone, but in no event closer than three feet to any building or structure or to any lot or parcel or property line.
§ 181-38 Mobile home parks.
Mobile home parks and mobile homes in such mobile home parks in the RM District are subject to site plan approval, in accordance with the following requirements:
A.
Park site. The overall park site and individual mobile home lots shall be well drained, free from stagnant pools of water and shall have such grades and soil as to make it suitable for the purpose intended.
B.
Park acreage. All such parks shall be planned as a unit and shall be located on a tract of land at least five acres in size. The area of said site shall be in a single ownership or under unified control by the park owner.
C.
Individual lot acreage. Each individual mobile home lot shall contain at least 3,600 square feet of lot area.
D.
Maximum number of lots. The maximum number of mobile home lots that may be approved in a mobile home park shall be computed by subtracting from the total gross area a fixed percentage of 20% of said area for usable open space and dividing the remaining 80% of the area by 3,600 square feet, the proposed minimum lot requirement for mobile home lots in a mobile home park. In computing the maximum number of mobile home lots that may be created, any lands which are located within a floodplain area, which are subject to either periodic flooding or occasional chronic wetness, which are occupied by public utility easements, which have a slope in excess of 15% or which have, in the judgment of the Planning Board, other physical features which severely limit development possibility shall not be considered part of the total gross area.
E.
Park site yards. All mobile homes shall be located at least 75 feet from any road right-of-way which abuts a mobile home park boundary and at least 50 feet from any other park boundary line.
F.
Individual mobile home yards. All mobile homes shall be separated from each other and from other uses by at least 25 feet. (Other uses include a park or private road, common parking area and common or community areas.)
G.
Park road system. All mobile home parks shall be provided with safe and convenient paved private access roads to and from each and every mobile home lot. Entrance and exit driveways to the overall park shall allow safe and free movement to and from adjacent public roads. Alignment and gradient of all park roads shall be properly adapted to topography.
H.
Minimum road widths. All private roads within any mobile home park shall have a minimum right-of-way width of 40 feet and a minimum cartway width of 20 feet, except that one-way roads shall have a minimum cartway width of 16 feet and a minimum pavement width of 12 feet. All roads shall be improved in accordance with Village specifications.
I.
Intersections. Not more than two roads shall intersect at any one point, and a distance of at least 150 feet shall be maintained between center lines of offset intersecting roads.
J.
Off-street parking. Off-street parking areas shall be provided in all mobile home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of at least 1 1/2 vehicular parking spaces for each mobile home lot. Each off-street parking space shall contain at least 200 square feet and shall not exceed a distance of 300 feet from the mobile home lot that it is intended to serve.
K.
Sewage disposal. All mobile home parks shall be served by a public sewer system or shall supply each mobile home lot with a connection to a centralized sanitary sewage disposal system approved by the New York State Department of Health or its designated representative and by the Village Planning Board. The sewer connection to each mobile home and the size of the main line shall conform to the requirements of Chapter 154, Subdivision of Land,[1] or of the Village Engineer.
[1]
Editor's Note: The Village of North Collins is in Erie County Sewer District No. 2.
L.
Water distribution. All mobile home parks shall be served by a public water system or shall supply each mobile home lot with a continuing and adequate supply of safe and potable water from a source and by a method approved by both the State Health Department or its designated representatives and the Village Planning Board.
M.
Usable open space. All mobile home parks shall provide not less than 20% of the total land area for usable open space purposes. Usable open space shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located and easily accessible to all park residents.
N.
Buffer strip. A suitable screened or landscaped buffer strip at least 10 feet wide, approved by the Planning Board, shall be provided by the park developer along all the property and road boundary lines separating the park from adjacent uses.
O.
Walkways. All parks shall be provided with safe, convenient pedestrian walks constructed of asphalt or concrete, not less than 30 inches in width and four inches in depth. Walkways shall connect individual mobile home lots to park roads and to all community facilities provided for park residents.
P.
Signs. Signs shall be permitted in accordance with the provisions of this chapter applicable to the R-1, R-2 and R-3 Districts.
Q.
Provision shall be made by the park operator to have garbage collected at least once every week, and a waste collection station shall be provided for every 12 mobile home lots. All collection stations shall be properly screened by a hedge or lattice fence and shall be no further than 150 feet from the lots so served. Garbage cans shall be tightly covered and shall be of adequate number to permit the disposal of all garbage and rubbish. All refuse disposal sites proposed within the mobile home park shall be subject to the approval of the Planning Board.
R.
Each mobile home lot shall be provided with a four-inch concrete slab, on a stable surface, at least 8 feet by 20 feet in size for use as a terrace and so located as to be adjoining and parallel to the mobile home. Such slab shall contain an electrical outlet to which the electrical system of the mobile home (which shall be at least 100 amperes and 120/240 volts) shall be connected, plus a drainage and water outlet within 12 inches of the outside of the mobile home.
S.
Individual occupants of the mobile home park may construct attached enclosures to individual mobile homes, provided that such enclosures do not exceed the area of the concrete slab provided for in Subsection R above. Such enclosures shall be subject to the approval of the Village Building Inspector.
T.
Lighting shall be provided by the park owner between the hours of sunset and sunrise and at sufficient candlepower to adequately illuminate the roadways, driveways and walkways within the mobile home park.
U.
Laundry and drying facilities shall be furnished. If outdoor drying is permitted, it shall be adjacent to the laundry building unless another location is approved by the Planning Board. All outdoor drying facilities shall be screened to six feet above the ground. The laundry building itself shall be a permanent structure complying with all applicable ordinances, regulations and codes.
V.
Fire extinguishers in good working order shall be located at such places as deemed necessary for protection of life and property. No mobile home shall be located more than 150 feet from such a fire extinguisher. No open fires shall be left unattended at any time.
W.
At least one public telephone shall be provided for each mobile home park.
X.
There shall be provided in each mobile home park such other improvements as the Planning Board may require, whereby such requirements shall at all times be in the best interests of the park residents.
Y.
It shall be the duty of the permittee to maintain a register containing a record of all mobile homes and occupants located within the park. The register shall contain the name and former address of each occupant; the make, model, owner and license number of each automobile; and the date of arrival and departure of each mobile home. The permittee or the mobile home park owner shall be the responsible agent for satisfying these provisions regulating mobile home parks.