North Hornell Village
City Zoning Code
City Zoning Code
ARTICLE V
Supplemental Regulations
§ 140-18 General provisions.
The provision of these regulations shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
§ 140-19 Prohibited uses.
A.
General. Any use of any structure or premises in such a manner that the health, safety or welfare of the community may be endangered is prohibited. In any district, the following standards for activities shall apply:
(1)
No offensive or objectionable vibration, odor, intense lighting, noise or glare shall be noticeable at or beyond a property line.
(2)
No activity or storage shall create a temporary or permanent physical hazard, by reason of fire, explosion, radiation or other such cause, to the persons or property in the same or an adjacent district.
(3)
There shall be no storage of any material, either indoors or outdoors, in such a manner that it facilitates breeding of vermin or endangers health in any way.
(4)
The emission of smoke, fly ash, dust or other noxious gases which can cause damage to the health of persons, animals, plant life or to other forms of property shall be prohibited.
(5)
Reconstruction or clean-up of partially burned or destroyed buildings must commence within 90 days of destruction. Any decaying organic matter in connection therewith must be removed and properly disposed of within 30 days of destruction.
B.
Specific.
(1)
Junk cars. See Chapter 135, Vehicles, Storage of.
(2)
Trailers. See Chapter 135, Vehicles, Storage of.
§ 140-20 Excavations.
The taking of topsoil, earth or natural deposits of solid material found in or on the earth from the premises or the moving of said materials from one part of the premises to another in quantities exceeding 25 cubic yards, except for cultivation, shall be permitted only by special permit.
§ 140-21 Visibility at intersections.
On a corner lot in any residential district, nothing shall be erected, placed, planted or grown in such a manner as to block vision between a height of 2 1/2 and 10 feet above the center-line grades of the intersecting streets. This shall apply to the triangular area bounded by the street lines 50 feet from the point of intersection.
§ 140-22 Building orientation.
All new buildings shall be placed so as to have one axis parallel to a street, except where otherwise dictated by topographic features or subdivision design considerations.
§ 140-23 Erection of multiple principal structures on lots.
In any district, more than one structure housing a permitted principal use may be erected on a single lot, provided that setbacks and other requirements of these regulations shall be met separately for each structure and the lot could be subdivided so as to leave each structure on a conforming individual lot.
§ 140-24 Architectural projections.
Structures such as porches, balconies, carports and similar architectural features shall be considered parts of the building to which they are attached and shall not project into required minimum setbacks.
§ 140-25 Off-street storage, parking and loading.
A.
Storage of major recreational equipment and commercial vehicles. See Chapter 135, Vehicles, Storage of.
B.
Off-street parking and loading.
(1)
Off-street parking.
(a)
In all districts, at the time any building is erected or enlarged, off-street parking spaces at least nine by 20 feet in size shall be provided in compliance with the following minimum requirements.
(b)
Off-street parking spaces shall be improved with a wearing surface meeting standards set by the Superintendent of Public Works.
(c)
Required spaces.
Type of Use | Parking Spaces Required | |
|---|---|---|
RESIDENTIAL | ||
Family units of any type | 2 for each dwelling; garage space may be counted | |
Apartments | 1 per apartment plus 2 additional for each of 3 apartments or portions thereof as per the following schedule: | |
3 | 5 | |
4 | 8 | |
5 | 9 | |
6 | 10 | |
COMMERCIAL | ||
Retail stores, banks | 1 for each 400 feet of floor space | |
Restaurants | 1 for each 2 1/2 seats plus 1 for each employee | |
Doctor/dentist office and other professional offices | 1 for each 150 square feet of floor area plus 1 for each practitioner and 1 for each employee | |
All other types of business | 5 1/2 per each 1,000 square feet of gross floor area | |
INSTITUTIONAL | ||
Churches and places of religious assembly | 1 for each 5 person's capacity | |
Hospitals, sanitariums, nursing homes, children's homes and similar uses | 1 for each 3 beds plus 1 for each employee | |
Medical and dental clinics | 1 for every 150 square feet of floor area plus 1 for each employee and/or professional | |
(2)
Off-street loading.
(a)
Required spaces. One off-street loading space shall be provided and maintained on the same lot for every establishment requiring more than one truck delivery per day.
(b)
Number and design. The location, number, size and design of loading spaces and accessways thereto shall be approved by the Planning Board prior to the issuance of a building permit or certificate of occupancy by the Zoning Officer.
(3)
Development standards. The required parking and loading spaces shall be improved with acceptable wearing surface of a dust-inhibiting nature. Proper drainage shall be provided to prevent ponding of water or excessive runoff on adjacent properties.
§ 140-26 Private swimming pools.
For provisions regarding private swimming pools, see Chapter 119, Swimming Pools, of the Code of the Village of North Hornell.
§ 140-27 Essential services.
A.
Essential services facilities shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.
B.
The location, design and operation of such facility shall be such as to not adversely affect the character of the surrounding area.
C.
Standards.
(1)
Fences, barriers and landscaping shall be provided as required by Chapter 46, Fences and Hedges, of the Code of the Village of North Hornell.
(2)
Noise from such installations shall not be of such nature or volume as to be objectionable to adjoining properties.
§ 140-28 Home occupations.
A.
Definition. A "home occupation" shall be defined as an accessory use of service character that is carried on wholly within a dwelling unit or other structure accessory to a dwelling unit and is carried on by a member of the family or under the direction of a family member residing in the dwelling unit and is clearly incidental and secondary to the residential use of the dwelling unit.
B.
Standards. Where home occupations are permitted by these regulations, the following conditions shall be mandatory:
(1)
No such occupation shall involve sales of products or goods or merchandise except as incidental to services provided.
(2)
For regulations regarding signs, see Chapter 100, Signs, of the Code of the Village of North Hornell.
(3)
No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations on line voltage off the premises.
(4)
No traffic shall be generated by such home occupations in substantially greater volume than normal in the neighborhood, and may need for parking generated by such occupation shall be provided off-street other than in the required setback area.
§ 140-29 Animals and poultry.
For provisions regarding animals and poultry, see Chapter 37, Article I, of the Code of the Village of North Hornell.
§ 140-30 Water supply.
In all districts, drinking water facilities shall be connected to the public water supply system of the Village of North Hornell. However, wells for drinking water shall be allowed by special permit only with proof of approval from New York State Health Department.
§ 140-31 Signs and billboards.
For provisions regarding signs and billboards, see Chapter 100, Signs, of the Code of the Village of North Hornell.
§ 140-31.1 Satellite antennas, other antennas, towers and windmills.
A.
Legislative intent. The construction and installation within the village of satellite antennas, parabolic dishes, windmills, towers and similar antenna equipment and devices must be controlled to protect the health, safety and welfare of the residents and to preserve and protect the aesthetic qualities of the village and its residential character.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated.
HEIGHT OF TOWER
The height of a tower shall be measured from the natural grade surrounding the tower to the extremity of the tower's uppermost protrusion.
LENGTH OF TOWER
The length of a tower shall be measured from top of the base on which the tower is mounted to the extremity of the tower's most uppermost protrusion.
SATELLITE ANTENNA
Any parabolic dish, antenna or other device or equipment of whatever nature or kind, the primary purpose of which is to receive television, radio microwave or other electronic signals from space satellites.
TOWER
Any tower, pole, antenna or other structure, whether attached to a building, guyed or freestanding, designed to be used for the transmission and/or reception of radio frequency signals, including but not limited to broadcast, shortwave, citizen's band, FM, television or microwave.
WINDMILL
A machine built to harness windpower, the vanes of which are over 18 inches long or the top of which is over eight feet above grade.
C.
Satellite antennas.
(1)
No satellite antenna shall exceed 13 feet in height, width or depth. All measurements shall be taken from the base at grade level. Measurements shall include all attachments, supports and guy wires.
(2)
Satellite antenna shall be located in the rear yard, and no more than one antenna is permitted per lot. When located on a corner lot the antenna, in addition to being located in the rear yard, shall be set back from the lot line of the side yard adjacent to the street at least the distance required by the line of setback as determined in accordance with § 140-16.
(3)
Satellite antennas may only be erected as accessory structures to existing buildings.
(4)
All satellite antennas shall be located at least six feet from the side and rear lot lines except that when a public alley abuts the rear lot line the clearance from this line is reduced to one foot. When measuring setbacks, all cables guy wires, other supports and any protuberances constitute a part of the antenna.
(5)
All satellite antenna shall be screened from adjoining lots and public view by a barrier of evergreen plantings the height of which at maturity shall at least equal the height of the antenna. Screening is not required on a lot side which abuts a public alley.
(6)
No satellite antenna may be erected for commercial purposes.
(7)
No satellite antenna may be erected except in accordance with a building permit.
(8)
A trailer-mounted satellite antenna may be present on a lot for up to one week with the prior written permission of the Building Inspector.
D.
Windmills. No windmill may be erected within the village.
E.
Towers.
(1)
No tower may be erected which exceeds 60 feet in height or length.
(2)
Towers may be erected only as accessory structures to existing buildings. They may not be located in the front or side yards or a lot.
(3)
Towers shall be located so that the setbacks from the side and rear lot lines are at least six feet greater than the length of the tower, except when a public alley abuts the rear lot line the clearance from this line is reduced to one-foot greater than the length of the tower. All cables, guy wires and other tower supports are subject to the same setback requirements.
(4)
No tower may be erected for commercial purposes.
(5)
Towers over 10 feet in length may only be erected after a building permit has been obtained.
F.
Building permit procedures.
(1)
Application to erect a satellite antenna or a tower over 10 feet in length shall be made to the Building Inspector in accordance with Chapter 52 (Building Construction) and this chapter. In addition to the details regarding the proposed construction required by § 52-10 of this Code, the following information must be included in the building permit application:
(a)
The location of all utility poles, above and below - ground utility lines, trees or other natural or artificial structures;
(b)
The location and specific plant identification of evergreen barrier plantings and descriptions of any other types of screening or fencing;
(c)
All information prepared by the manufacturer of the antenna or tower for which a permit is being sought, including but not limited to the following:
[1]
The make and model.
[2]
The manufacturer's suggested installation instructions.
[3]
The manufacturer's suggested maintenance and or inspection procedures.
[4]
Complete details of any planned deviations from the manufacturer's suggested installation procedures and the reasons therefor.
(d)
Any proposed anticlimbing devices, if application is for a grade level erected tower.
(2)
The Building Inspector shall review and consider the application and shall determine whether or not the proposed antenna or tower will:
(a)
In any way adversely affect the public health, safety or welfare;
(b)
Interfere with the reasonable use and enjoyment or aesthetics of abutting properties;
(c)
Will be in keeping and character with the use of abutting properties;
(d)
Will impose a possibility of danger or detriment to abutting properties.
(3)
The Building Inspector, in granting any approval, may require the applicant to provide additional barrier planting or other suitable screening, fencing, anticlimb protection or other protective measures as deemed necessary or proper to reduce or eliminate aesthetic or safety concerns.
(4)
If the application is approved by the Building Inspector, the applicant shall submit and file with the village, prior to the start of construction or prior to use, all FCC, NEC, FAA and other state, federal or local permits or approvals which may be required for the construction of the antenna or tower and shall submit to the village, upon completion of construction or installation, a certification that the construction or installation as completed is in full compliance with the manufacturer's suggested installation procedures or the modified procedures approved in the permit application.