Oneonta City Zoning Code

Purpose and intent. The purpose of this article is to provide greater flexibility in the placement of certain kinds of uses when, because of their unique characteristics, these uses are such that they can be compatible with and complementary to the uses now permitted in the zone, provided that appropriate safeguards are imposed. Additionally, this article intends to provide the framework for adequate review and tighter control of certain uses which have a marked effect on the surrounding area due to their unusual design, operational characteristics, or the amount of traffic they generate.

Applicability. Uses requiring a special use permit are listed in the Table of Permitted Uses by District, § 300-92, the Bulk and Use Tables,[1] and Article II. All uses requiring a special use permit are also required to have a site plan review.

Authorization to grant or deny special uses. The special uses listed in this chapter may be permitted, enlarged or otherwise altered upon authorization by the Planning Commission in accordance with the standards and procedures set forth in this section and such additional standards as may be set forth for such special uses elsewhere in this chapter. The zoning variance procedure before the Zoning Board of Appeals shall not be used to acquire authorization to enlarge, modify or otherwise alter a special use or to amend a special use permit. Such authorization may be granted by the Planning Commission only. In permitting a special use or the modification of a special use, the Planning Commission may impose, in addition to those standards and requirements expressly specified by the chapter, any additional conditions which the Planning Commission considers necessary to protect the best interests of the surrounding property or the City of Oneonta as a whole. These conditions include, but are not limited to, controlling the location and number of vehicle access points, limiting the number, size and location of signs, and required diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. In the case of uses existing prior to the effective date of this chapter and classed in this chapter as special use, any change in use or in lot area or an alteration of structure shall conform with the requirements dealing with special uses. Should a zoning variance be required, however, such application shall go before the Zoning Board of Appeals.

Procedure for application and review.

General standards governing special uses. Except as may be provided elsewhere in this article, each special use permit application shall meet the following standards:

Preexisting special uses. Any use lawfully established prior to, and lawfully continuing in existence on, the date of adoption of this chapter, and which is located in a district in which the special use is permitted under the terms of this chapter, shall be deemed a conforming use without further action, application or review, unless a preexisting special use permit expires, or unless such use ceases to continue for a period of more than six consecutive months.

Discontinuance and revocation.

Findings. The Common Council has made the following findings concerning the need to address sediment and erosion control during construction on hillsides and steep slopes.

Purpose and intent. Based on the findings above, the purpose of this section is to provide for the regulation of development of steep slopes, greater than 15%, by developing standards for design, installation, and maintenance of stormwater management measures during construction on steep slopes for the following reasons:

Site plan review. Any and all uses involving the disturbance of more than 1,000 square feet of land surface with slopes greater than 15% shall be subject to site plan review. The Planning Commission has the authority to waive these standards if it determines the area consisting of slopes greater than 15% is small enough so as to pose limited or no environmental risk. The scope of site plan review required under this section shall be limited to the purpose and intent of § 300-30B.

Strategies and standards.

Required submissions in stormwater management plans for application review. In addition to any information generally required by the City for subdivision or site plan application, the applicant must submit the following items to the Planning Commission for review:

Inspections.

Purpose. The general purpose of the home occupation regulations is to ensure that home occupations are compatible with the residential character of the residential districts in which they are located. Family and group day-care homes are not subject to home occupation regulations contained in § 300-31.

Permitted home occupations. All permitted Type A home occupations are subject to the requirements and procedures of site plan review and approval as set forth in Article VII of this chapter. All permitted Type B home occupations are subject to the requirements and procedures of special use permits as set forth in Article VII of this chapter. To be deemed a home occupation, the use must be clearly incidental, accessory, and secondary to the residential use of the property. Subject to the requirements herein and notwithstanding anything to the contrary set forth above, customary home occupations include but are not limited to the following:

Prohibited home occupations. Notwithstanding anything contained herein to the contrary, permitted home occupations shall not in any event be deemed to include:

Class A home occupations. Class A home occupations are permitted in the zone districts specifically identified in the Table of Permitted Uses[1] and the Bulk and Use Tables[2] found in the Appendix. Class A home occupations may be permitted by site plan review by the Code Officer only, and may be referred by the Code Officer to the Planning Commission.

Class B home occupations. All home occupations listed as permitted home occupations under § 300-31B but which do not qualify as Class A home occupations under § 300-31D are Class B home occupations. Class B home occupations are permitted in the zoning districts specifically identified in the Bulk and Use Tables[3] found in the Appendix. Class B home occupations are permitted by special use permit only.

Authority to grant or deny permits for short-term rentals. The Code Enforcement Officer shall have the authority to issue new and annual renewal permits under this provision.

Fee. Every application for a permit shall be accompanied by a nonrefundable fee, which shall be set by resolution from time to time by the Common Council of the City of Oneonta.

New applications for short-term rentals shall be subject to the following:

Renewal applications for short-term rentals shall be subject to the following:

Property requirements/required materials to be provided with application. The following requirements must be met and proof submitted with applications. Proof may include photocopies, photographs, signed application statements, or other verifiable information. Other materials such as information on tenant rules, code of conduct, or property safety features may be included.

Additional application requirements specific to R-1, R-2, R-3 and U Districts.

Approval or denial. The Code Enforcement Officer shall have the authority to immediately approve the application if all required documentation and other pertinent information has been submitted and meets all review criteria as set forth in this chapter.

Revocation of short-term rental permit. The Code Enforcement Officer shall have the authority to revoke a short-term rental permit if the property is found to be in violation of this Code. Notification for the revocation of a short-term rental permit shall be in writing and shall provide the violation of this Code along with any violation notifications and provide the process for appeal.

Fines and penalties/failure to obtain a permit; short-term rental without a permit. An administrative penalty shall be imposed against the owner of the premises for every day said premises are rented as a short-term rental without a permit; the amount of the penalty will be set by resolution from time to time by the Common Council of the City of Oneonta. Such penalty shall be determined upon investigation and determination by the Code Enforcement office. The property owner shall be notified, in writing, of any violation or imposition of a penalty or fee and the process for appeal. Any finding and/or imposition of a penalty or fee may be appealed, in writing, to the Board of Public Service within 30 days of the notice of violation. A claim of ignorance of the provisions of this statute shall not be a basis for appeal. Any amount of an administrative penalty or fee which is not paid within 30 days of notice or within 30 days after appeal shall be charged an additional administrative penalty or fee of 12% interest and the same shall be re-levied upon the real property taxes for the property and become a lien against the premises.

A bed-and-breakfast shall only be established in a single-family detached dwelling.

A maximum of five guest rooms and a maximum of 10 overnight guests at any time shall be permitted in any one bed-and-breakfast establishment.

No food preparation, except beverages, is allowed within individual guest rooms. Meal service may only be provided to overnight guests.

All parking areas on property (except driveways) shall be behind the required building setback line and shall be screened from the view of adjacent residences to a height of six feet by a solid screening fence, or by dense shrubs and vegetation.

The operator of the bed-and-breakfast shall be a full-time owner-occupant resident of the dwelling in which the bed-and-breakfast establishment is housed.

The Planning Commission shall use as criteria for the granting of a special use permit:

The Planning Commission shall have the authority to impose additional reasonable conditions and restrictions as are directly related to and incidental to the proposed bed-and-breakfast establishment.

Special use permits for bed-and-breakfasts shall expire 10 years from issuance, or upon sale of the building so used, or upon the owner no longer continuously occupying and operating the business, whichever shall sooner occur.

Operating permit required. All fraternity, sorority and membership association houses shall apply for, and obtain, operating permits annually prior to May 31. Applications for operating permits shall be to the Code Enforcement Office on forms provided by that office.

Before an operating permit is issued by the Code Enforcement Officer, the proposed fraternity, sorority or membership association house shall be considered by the City of Oneonta Common Council at a public hearing. Notice of said hearing shall be given in accordance with provisions of law.

All existing fraternity, sorority, chapter and membership association houses existing on the date of adoption of this section shall apply for and obtain operating permits annually prior to May 31.

Failure of a fraternity, sorority, chapter or membership association houses to apply for or failure to be granted a required permit shall be subject to section § 300-34G of this Code and shall cease to function as fraternity, sorority, chapter or membership association houses. See also § 300-70B(2).

Conditions for denial of permit renewal. The City of Oneonta shall deny renewal of a permit for fraternity, sorority, chapter or membership association houses based on any or all of the following criteria:

Temporary permitting. An operating permit for a fraternity, sorority, chapter or membership association house may be granted for a limited term of up to one year and may be extended for additional periods by the issuing body. However, an operating permit shall expire if the use is discontinued for more than six months.

Penalties/failure to obtain an operating permit; operation of a fraternity, sorority, chapter and membership association house without a required permit. An administrative penalty shall be imposed against the owner of the premises for every day said premises are operated as a fraternity, sorority, chapter and membership association house without a required permit; the amount of the penalty will be set by resolution from time to time by the Common Council of the City of Oneonta. Such penalty shall be determined upon investigation and determination by the Code Enforcement office. The property owner shall be notified, in writing, of any violation or imposition of a penalty and the process for appeal. Any finding and/or imposition of a penalty may be appealed, in writing, to the Board of Public Service within 30 days of the notice of violation. A claim of ignorance of the provisions of this statute shall not be a basis for appeal. Any amount of an administrative penalty which is not paid within 45 days of notice or within 45 days after appeal shall be charged an additional administrative penalty of 12% interest and the same shall be re-levied upon the real property taxes for the property and become a lien against the premises.

Parking. Fraternities, sororities and membership association houses must demonstrate that they will provide and maintain a parking access and management arrangement sufficient to serve the parking and access demands associated with chapter meetings, formal and informal social activities, or other on-site events which include the attendance of persons other than those who reside on the property. Such parking and access arrangements may include, but are not limited to, the provision of additional on-site parking, the use of private off-premises parking, the use of public parking in municipal lots or on-street spaces, and the availability of bus or shuttle service or carpooling arrangements.

Minimum floor space. At a minimum, fraternity, sorority and membership association houses shall have 3,000 square feet of usable floor area. Single- or two-family structures containing 3,000 square feet or less at the time of adoption of this chapter may not be converted to fraternity, sorority or membership association houses.

Buffer. A fraternity or sorority located next to a single- or two-family unit shall have a hedge, berm, fence or wall, forming a continuous screen at least six feet high between it, that shall meet the requirements set forth in §§ 300-51 and 300-58.

Maintenance and building standards. The following standards shall apply to the exterior maintenance and building standards for all fraternity, sorority, chapter and membership association houses:

All preexisting single-wide mobile homes installed and occupied pursuant to this section shall conform to the New York State Code, Rules and Regulations.

All mobile homes installed and occupied pursuant to this section shall also comply with such additional construction requirements as may be required by the Planning Commission.

All single-wide mobile homes must be located in a mobile home park.

All mobile homes located in a mobile home park must be skirted prior to the issuance of a certificate of occupancy.

No mobile home or communal recreation area in a mobile home park shall be located within 40 feet of a preexisting single-family or two-family residential lot.

Private roads providing access to individual lots in a mobile home park shall have pavement as required by the City of Oneonta Engineering Department.

Every mobile home park shall provide common recreational open space furnished with suitable equipment at a standard of 100 square feet per dwelling unit with a minimum area of 1,600 square feet per area.

Mobile home parks shall be served by public water and sanitary sewers.

Regulations applicable to those bars, cabarets, and nightclubs existing on the effective date of this section and located outside of districts where such uses are permitted.

Establishment or expansion by variance procedure and expansion by expansion of nonconforming use procedure. Approval of a variance or expansion of a nonconforming use application by the Zoning Board of Appeals for the establishment of a new bar, cabaret, or nightclub, or for an increase in intensity of an existing bar, cabaret, or nightclub, shall be subject to site plan review by the Planning Commission for the establishment and expansion of permitted bars, cabarets, and nightclubs.

Abandonment and discontinuance. Any bar, cabaret, or nightclub, which is abandoned, or in which operations have been discontinued for a period of six consecutive months, shall not be permitted to be reestablished, except in accordance with the permitting requirements of this chapter for new bars, cabarets, and nightclubs.

Additional requirements for operation; "three strikes provision"; control of disorderly premises.

If required by Subsection D, a special use permit shall be required to operate a bar, cabaret or nightclub. Submission of a completed application for such special use permit shall be required of the owner or licensee of any bar, cabaret or nightclub within 60 days of the date of mailing of the notification by the City Clerk to the licensed premises. If said application is not submitted and certified as complete by the City Clerk within the time required, continued operation as a bar within the City shall be in violation of the Zoning Law of the City of Oneonta, and said operation shall terminate. If said operation shall continue, an administrative penalty shall be assessed against the licensee of said premises in the amount of $1,000 per day for each day of such continued operation. In addition thereto, the City Attorney is authorized to take any enforcement action against the premises for violation of this provision, and the cost of any such enforcement shall be added to the administrative penalty. Nothing within this provision shall entitle an owner or licensee to any right to continue operation as a prior nonconforming use.

A special use permit for a bar, cabaret, or nightclub, as required under § 300-36D, may initially be granted for a limited term of up to two years. Subsequent special use permit renewals may be granted to coincide with tavern license renewal dates or any other time period as determined by the issuing body. However, a special use permit shall expire if the special use shall be discontinued, for any reason, for more than six months.

Special use permits: standards and requirements for bars, cabarets, and nightclubs. In addition to the requirements outlined under § 300-29, Special use permits, when an application is reviewed for a special use permit for a bar, a cabaret, or a nightclub, the following shall be considered and applied:

In addition to the information required for site plan review, as specified in Article VII, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth that the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.

All fuel pumps shall be located at least 25 feet from any street or property line.

The entire area of the site traveled by motor vehicles shall be hard surfaced.

Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site, except in accordance with an approved site plan. No motor vehicle parts or partially dismantled motor vehicle parts or partially dismantled motor vehicle shall be stored outside of an enclosed building.

Up to five unlicensed motor vehicles may be temporarily stored, for not exceeding two months, at a repair or service establishment if adequate off-street parking spaces are available.

Landscaped area. A ten-foot-wide landscaped area shall be provided along all gasoline service station property lines, excluding points of ingress and egress and property lines adjacent to existing commercial uses. The landscaped area shall be densely populated with a mixture of shrubs, trees and fence, no less than six feet high, which will create an opaque buffer.

Accessory uses; gasoline service stations. The following accessory uses shall be permitted pursuant to a special use permit procedure in gasoline service stations only:

No motor vehicle establishment with fuel-dispensing equipment shall be located within 300 feet of any public entrance to a church, school, library, hospital or charitable institution. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.

Illumination originating from a canopy shall only be directed towards the ground. Canopies shall not be any larger than is necessary to contain extinguisher systems, fuel supply systems, and other necessary utilities.

No motor vehicles left for service shall be parked nearer than 30 feet to the street line or lines of the lot, nor left on the lot for a period exceeding 30 days.

Demonstration that the kennel will not create nuisance conditions for adjoining properties due to noise or odor.

Demonstration that all animals will be confined to the property.

Demonstration of adequate methods for sanitation and sewage disposal.

Every kennel and its associated outside animal runs shall be located at least 150 feet from the nearest dwelling (other than the owner or user of the property) and at least 50 feet from any lot line.

Location. All swimming pools and the appurtenances thereto shall be constructed and located so as to have a yard not less than 10 feet in width on all sides except where the pool is attached to, or part of, a principal structure.

Setback for corner lots. All swimming pools constructed on corner lots shall conform to the setback required for a principal residential structure on the secondary or side streets.

Fences. For the protection of the general public, all swimming pools shall be effectively fenced by an artificial enclosure not less than four feet in height. For pools projecting above the ground and which are self-enclosed by the exterior projections thereof, said enclosures shall be construed to satisfy the requirements of this provision, provided they are not less than four feet in height above the ground, and provided further that any openings in the enclosure affording access to the pool proper be provided with a gate containing an automatic or manual locking device affixed in such a manner as to exclude small children.

Artificial lighting. Artificial lights for the illumination of swimming pools shall be designed, constructed and maintained so that no direct ray shall cross any property line.

Maintenance equipment. All heating, filtering, disinfectant and recirculation equipment shall not be located at any point within 10 feet from adjacent property lines and shall be effectively screened and enclosed so as to not adversely affect the character of surrounding properties; no equipment shall be permitted, the use of which by reason of the emission of noise, vibrations, dust or odors would be considered obnoxious or dangerous to the health and safety of the public.

Municipal pools excluded. The provisions of this section shall not be applicable to municipal swimming pools.

Purpose.

Standards.

All vehicle stacking areas shall be clearly identified through the use of pavement markings, and/or curbing and landscaping features and shall be designed so they do not interfere with safe pedestrian and vehicle circulation on the site or along the public right-of-way.

The length of stacking areas shall be determined by the maximum length of stacking required to serve vehicles during the facility's peak hour of operation.

All drive-through establishment vehicle stacking areas shall be located a minimum of 30 feet from any lot line adjoining a residential property.

Any speaker system installed as part of the drive-through establishment shall be located a minimum of 30 feet from any property line adjoining a residential property.

Minimum lot size shall be in accordance with the Bulk and Use Tables.[1]

Drive-through menu boards and ordering windows shall be located completely behind the structure at the rear of the property. Fifty percent of the total stacking lanes shall be located at the rear or side of the property and must be shielded from view by the building, hardscape or landscape treatments.

Each parcel with a drive-through facility shall be limited to one point of shared ingress and egress. Where possible, cross access to the closest shared drive shall be provided.

Noise. Decibel levels shall not exceed 60 dBA at the closest residential property line.

Fences and buffers shall be provided in accordance with this chapter.

Luminaries or lighting fixtures shall not exceed 16 feet in height in vehicular areas and 10 feet in height in pedestrian areas.

Flood and area lighting shall be prohibited.

No outdoor lighting shall have an intensity greater than 0.5 footcandle at the development property line.

Intent. Residences and commercial establishments situated within the City of Oneonta are entitled to clean air and environmental circumstances free of unreasonable dust, obnoxious odors, noxious fumes and smells, as well as an environment free of stored debris and storage of combustible fuels in adjacent or exposed exterior areas within densely populated areas. The adoption of this section establishes restrictions on the construction and operation of outdoor furnaces within the limits of the City for the purpose of promoting the public health, comfort, convenience, safety, welfare and prosperity of the City and its inhabitants.

Existing outdoor furnaces. Any outdoor furnace in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit, subject to the requirements of this section, from the Planning Commission within one year of such effective date.

New installations of outdoor furnaces are prohibited in the City of Oneonta.

Permit required. Any person wishing to continue to use an existing outdoor furnace installed in the City of Oneonta must secure a permit from the Planning Commission. The permit fee shall be established by the Common Council and shall include furnishing the following information:

Location, use and restrictions. Any outdoor furnaces must comply with § 300-63, Performance standards, in addition to the following regulations.

Legislative intent. The City of Oneonta recognizes the increased need and demand for wireless communications transmitting facilities. Often these facilities require the construction of a communications tower. The intent of this section is to protect the City's interest in siting telecommunications facilities in a manner consistent with sound land use planning by:

Approval of telecommunications facilities.

Standards for site plan review. The following standards, criteria and requirements shall apply to each site plan review by the Planning Commission for a telecommunications facility:

Application materials and supporting documentation for site plan review. Each applicant for site plan approval from the Planning Commission shall submit the following:

Standards for expanded site plan review. The following standards, criteria and requirements shall apply to each application for extended site plan approval by the Planning Commission for a telecommunications facility:

Application materials and supporting documentation for expanded site plan review. Each applicant for expanded site plan review from the Planning Commission shall submit the following:

Technical consultants. The Planning Commission may retain technical consultants as it deems necessary to provide assistance reviewing the site plan or expanded site plan application. The applicant shall bear the reasonable costs associated with such consultation, which costs shall be assessed as an application fee. In no case shall the fee be more than 5% of the total project cost as determined for building permit fee assessment purposes.

Procedural requirements.

Monitoring.

Exemptions. The following types of telecommunications facilities are not subject to the provisions of this section:

Effect of law on existing telecommunications facilities. Telecommunications facilities in existence that do not conform to or comply with this section are subject to the following provisions:

Interpretation; conflict with other laws. In their interpretation and application, the provisions of this section shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare of the residents of the City of Oneonta. This section is not intended to interfere with, abrogate or annul other rules, regulations or ordinances, provided that whenever the requirements of this section are at variance with the requirements of any other lawfully adopted regulations, rules or ordinances, the most restrictive, or those that impose the highest standards, shall govern.

No parabolic or dish-type antenna shall be erected, constructed, altered or maintained on any lot within the City without complying with the terms of this article.

All parabolic or dish-type antennas located outside of a building shall meet the following requirements:

Construction to meet requirements. No parabolic or dish-type antenna shall be made operational in the City until the Code Enforcement Officer shall certify, in writing, that the construction plans meet the requirements of this article, a permit is issued and that the final construction thereof meets the requirements of this article.

Number of sales; duration; hours.

Persons and sales excepted. The provisions of this section shall not apply to or affect the following persons or sales:

Any accessory building with a total floor area no more than 30% of the total floor area of the principal structure may be located on a property, subject to the setback and height restrictions in the Bulk and Use Tables, §§ 300-93 through 300-100.

Fences seven feet or less in height, excluding dog runs, may be located along the side or rear lot line, subject to additional regulations specified in § 300-58.

Unclosed steps or stairways and physically handicapped access ramps providing access to the first story of a building may extend into any required setbacks. Decks and porches shall not extend into required setbacks.

Purpose. The purposes of buffers where required in this chapter are to: maintain and protect property values; assure an acceptable degree of transition to reduce potential adverse incompatibility between abutting and nearby uses; provide appropriate barriers and relief from traffic, noise, heat, glare and the spread of dust and debris; enhance the visual and aesthetic appearance of the community.

Standards. Whenever a buffer is required by this chapter, it shall meet the following standards. It shall:

Design:

Standards.

Materials.

Height.

Finish.

Maintenance.

No outdoor storage of materials and equipment may be permitted in any zoning district, unless:

No more than one unregistered, unlicensed, or uninspected motor vehicle is allowed to be stored outside on any lot except in accordance with § 300-37, Motor vehicle service, sales or repair establishments. Such vehicle may not be stored outside for more than one year.

No front yard shall be used for any open storage or other storage of equipment such as motor homes, camping trailers, boats less than 20 feet in length, utilities trailers or other similar equipment.

Parking facilities developed in any residential district as permitted by this chapter shall not be used for the storage of commercial vehicles. The term "storage of commercial vehicles" shall include regular or periodic parking of commercial vehicles. The parking on a property in a residential district of one commercial pickup truck with a gross weight of under 5,500 pounds, which is owned or operated regularly by a resident of that property, shall be exempt from this prohibition.

All enclosed storage shall be within structures which meet the requirements of the New York State Code, Rules and Regulations. Storage in mobile homes not connected to public utilities or tractor-trailer bodies is not allowed in any district.

No outdoor storage shall occur within 100 feet of a single-family residential or multifamily residential district. Outdoor storage shall provide a combination of distance and appropriately dense plantings or setback from residential or transitional uses or districts.

Upon written approval by the Code Enforcement Officer, the temporary outdoor display of plants, trees and landscaping materials may be permitted for a period not to exceed six months per year. Such displays shall be maintained to provide a neat, orderly appearance at all times

Intent. The intent of this section is to prevent or alleviate congestion on public streets and to promote the public safety and welfare by establishing standards for the provision of off-street parking and loading spaces.

Applicability.

Location of required spaces. Parking and loading spaces shall be located in accordance with the following:

Computation of required spaces.

Dimensions of off-street automobile parking spaces. Off-street automobile parking spaces shall be no smaller than nine feet by 18 feet. Every such space shall have independent, direct and usable driveway access to a street or alley with minimum maneuver area between spaces as follows:

Nonconforming parking and loading. No building or lot alterations nor change of use shall be allowed which would increase the degree of nonconformity with the off-street parking and loading regulations of this chapter.

Off-street parking and loading standards by usage. The parking requirements listed in the Table of Parking Requirements by Use, § 300-101, reflect reasonable standards for uses in most locations. The City of Oneonta Common Council, in adopting these standards, is providing guidance to future developers, tenants and residents of uses requiring off-street parking and loading. From an environmental, community character and cost perspective, it is always desirable to construct the least number of parking spaces to accommodate a particular use. The following general requirements apply to all off-street parking.

Obstructions at street intersections. No fence, shrub, tree, planting or any structure, including fences, shall be constructed within 50 feet of intersecting street lines which are higher than three feet above gutter grade or which obstruct the view of motorists or create other traffic hazards.

Height exceptions. The limitations of height, found in the Bulk and Use Tables,[1] shall not apply to chimneys, aerials, silos, elevators, water tanks, ventilators, skylights, tanks and other necessary features usually carried above roofs, nor to towers, antennas or spires of churches or other buildings.

Abandoned vehicles. No motor vehicle, automobile, automobile trailer or other vehicle shall remain outside, upon any property within the City, when such vehicle has been so dismantled or parts removed therefrom or otherwise abandoned so that such vehicle may be incapable of operation or use for a period of 30 continuous days, except that travel trailers not used for dwelling purposes may be stored in rear yards when not in use.

Construction within required front yard setback. Existing structures, such as open porches, terraces or stoops, shall not be enclosed, and upper-floor additions shall not be constructed over existing open or enclosed structures when said existing structures lie within the required front yard setback.

Artificial lighting. No lighting shall be directed on a sidewalk, street or public place or upon adjacent premises, nor on any other premises which shall cause glare, reflection or intrinsic brightness, constituting a nuisance or traffic hazard.

Demolition of buildings and structures. Demolition of all buildings, structures, and parts thereof, in all zones, shall be subject to Article VII of this chapter, Site Plan Review and Approval. This requirement shall not apply to any demolition order made by the Board of Public Service, which shall have the sole authority to determine, direct, oversee and enforce any demolition order it shall make.

Comprehensive procedure permitted when multiple reviews are required. Whenever a single project requires any combination of site plan review, zoning variance(s), special use permit, or zone change, a comprehensive procedure may be utilized as follows:

Occupancy of a single dwelling unit by more than three unrelated individuals who have not been determined to be a functional family under the provisions of this statute is prohibited. Each week of occupancy shall constitute a new violation of this provision.

Rental of a single dwelling unit, either by the owner or by any agent of the owner, to more than three unrelated individuals who have not been determined to be a functional family under the provisions of this statute is prohibited. Each week such agreement shall remain in full force and effect shall constitute a new violation of this provision.

Applicability.

Performance standards procedures.