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Phelps Village City Zoning Code

ARTICLE IV

District Regulations

§ 175-8 Districts regulations.

[Amended 11-11-2013 by L.L. No. 4-2013]
The zoning regulations set by this chapter shall be the minimum regulations within each district and shall apply uniformly to each class or kind of structure, building, or use of land, except as hereinafter provided:
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
No building or structure shall hereafter be erected or altered which:
Exceeds the height limitation for any structure within a specified district;
Accommodates or houses a greater number of dwelling units specified within a district;
Occupies a greater percentage of lot area; or
Has narrower or smaller yards or other open spaces than herein required, or in any other manner contrary to the provisions of this chapter and the requirements of the New York State Uniform Fire Prevention and Building Code.
No part of a yard or other open space, or off-street parking or loading space required about or in connections with any building for the purpose of complying with the regulations set forth herein, shall be included as part of a yard, open space or off-street parking or loading space primarily required for any other building except as provided herein.
No yard or lot existing at the time of enactment of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet or exceed the minimum requirements established herein.
No person shall strip, excavate, stockpile, or otherwise remove or relocate topsoil except in connection with the approved construction or alteration of a building; a structure; parking lot or road; or a swimming pool.
No movement of earth or soil erosion shall be permitted at any time in any district which adversely affects conditions on any other property.
Whenever natural features such as trees, brooks and drainage channels exist, the retention of the maximum amount of such features consistent with the intended use of the property shall be encouraged.
Except as specifically provided herein, no lot shall have erected upon it more than one principal building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
No start of construction shall commence until final subdivision or site plan approval has been granted by the Village Planning Board and the subdivision plat map filed in the Ontario County Clerk's office. In special circumstances, the Village Board of Trustees may grant approval for site preparation in advance of final approval upon application for permission made to the Village Board of Trustees and consultation with the Planning Board. Said application shall be supported by good and sufficient reasons for starting in advance of final approval and must contain adequate surety for the performance of the work and the ability to restore the site to its original condition should final approval not be granted.

§ 175-8.1 Zoning District Schedules of Regulations.

[Added 11-11-2013 by L.L. No. 4-2013]
The Zoning Schedules,[1] provided as attachments to this chapter, are for the established zoning districts enumerated in § 175-5 of this chapter and are hereby adopted and made part of this chapter. These schedules set forth the permitted principal uses; permitted accessory uses; special permitted uses subject to Planning Board approval; minimum lot sizes, including lot area, lot width and lot depth; minimum yard dimensions, including minimum front, side and rear yard set backs; maximum height of buildings, or structures; and maximum percentage of lot coverage for each zoning district.
[1]
Editor's Note: With the inclusion by L.L. No. 4-2013 of these Zoning Schedules as attachments to this chapter, the former Zoning Schedules, as amended, were removed.

§ 175-8.2 Floodplain Overlay District Regulations.

[Added 11-11-2013 by L.L. No. 4-2013]
The Floodplain Overlay District (FPO) shown on the Official Zoning Map identifies the approximate boundaries for the federally mapped areas of Special Flood Hazard that have been identified within the Village of Phelps. These mapped areas are established under the provisions of the National Flood Insurance Program. These areas identify the existence of an established area of Special Flood Hazard that requires documentation of compliance with the provisions established in Chapter 93, Flood Damage Prevention, of the Code of the Village of Phelps.