Phoenix Village City Zoning Code
ARTICLE III
General Regulations
§ 205-8 Applicability.
In order to provide for the intent and purposes stated in § 205-2, Purpose and interpretation, no land shall be used and no building altered or used except in accordance with the standards set forth in this chapter.
§ 205-9 Use and bulk regulations.
A.
The attached Schedule of Uses (Table A) is hereby adopted and declared to be part of this chapter. Any use not listed on said Schedule of Uses is considered prohibited, except with regard to the Commercial/Canal (CC) District, for which uses are listed in § 205-28.[1]
[1]
Editor's Note: Table A is included at the end of this chapter.
B.
The attached Schedule of Bulk Regulations (Table B) is hereby adopted and declared to be part of this chapter.[2]
[2]
Editor's Note: Table B is included at the end of this chapter.
C.
Supplementary interpretations.
(1)
Corner lots. Wherever a side or rear yard is adjacent to a street, the standards for front yards shall apply.
(2)
Compliance.
(a)
Where two or more principal residential structures are permitted by this chapter to be located on the same lot, the minimum lot area per dwelling unit requirements must be complied with.
(b)
A residential lot of required or larger than required size as set forth in this chapter shall not be reduced in size for transfer of ownership if such lot as so subdivided will form two or more lots which shall not be in compliance with the minimum residential density for the district in which such lot or lots are situated.
§ 205-10 Accessory buildings and uses.
A.
Accessory buildings not appended to principal buildings shall be located no closer to the principal building than 12 feet or a distance equal to the height of each accessory building, whichever is greater.
B.
In a One-Family Residential, One- and Two-Family Residential, Multiple-Family Residential or Neighborhood Business District, accessory uses not enclosed in a building, including swimming pools and tennis courts, may not be located in the front yard of such lot and shall be distant not less than 10 feet from any lot line and shall not adversely affect the character of any residential neighborhood by reason of noise or glare or safety.
[Amended 7-8-2019 by L.L. No. 4-2019]
§ 205-11 Activity standards.
In any district, the following standards for activities shall apply:
A.
No offensive or objectionable vibration, odor or glare shall be noticeable at or beyond the property line.
B.
No activity shall create a physical hazard by reason of fire, explosion, radiation or other such cause to persons or property in the same or adjacent district.
C.
There shall be no discharge of any liquid or solid waste into any stream or body of water or private disposal system or into the ground of any materials of a nature that may contaminate any water supply, including the groundwater supply.
D.
There shall be no storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin or endangers health in any way.
E.
The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property shall be prohibited.
§ 205-12 Corner clearances.
For the purpose of minimizing traffic hazards at street intersections, on any corner lot no obstructions between a height of 21/2 feet and 10 feet above the adjacent top-of-curb elevation shall be permitted to be planted, placed, erected or maintained within the triangular area formed by the intersecting pavement lines or their projections, where corners are rounded, and a straight line joining the pavement lines at points 50 feet distant from their point of intersection.
§ 205-13 Fences and walls.
A.
In One-Family Residential, One- and Two-Family Residential, Multiple-Family Residential and Neighborhood Business District, walls and fences shall be permitted as follows:
[Amended 7-8-2019 by L.L. No. 4-2019]
(1)
From the front lot line to the front setback line a fence or wall shall not be greater than four feet in height and must be of an open design, such as chain link, picket or slotted.
(2)
From the front setback line to the rear lot line no fence shall be greater than eight feet in height.
(3)
The finished or good side of all fences must face the street or neighboring property.
B.
In the Commercial/Canal and Business Districts, all fences and walls must be eight feet in height.
C.
No fences or walls shall be permitted that hinder the flow of traffic or adversely affect traffic safety, visibility or sight clearances.
§ 205-14 Nonconforming buildings, uses and lots.
A.
Continuation of nonconforming buildings. Any lawful building or structure existing at the time of enactment of this chapter or any subsequent amendment thereof applying to such building or structure may be continued although such building or structure does not conform to the provisions thereof, except that any undeveloped lot in a subdivision which was not properly approved by the Planning Board and in the office of the County Clerk and whose area and/or depth is less than the specified minimum lot requirements and average density requirements of this chapter shall be considered a violation of this chapter.
B.
Continuation of nonconforming use. Any lawful use of any building or land existing at the time of the enactment of this chapter or any subsequent amendment thereof applying to such use of premises may be continued although such use of premises does not conform to the provisions thereof.
C.
Discontinuance of nonconforming use. Any building or land used for or occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used for or occupied by a nonconforming use. Any nonconforming use which becomes inactive for a period of six months shall be considered abandoned and thereafter may not be continued. Only a conforming use will thereafter be allowed at that site.
D.
Extension, alteration and restoration of nonconforming use. A nonconforming use shall not be extended, enlarged or structurally altered, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the date of adoption of this chapter shall not be deemed the extension of such nonconforming use. A nonconforming use may be rebuilt in the event of partial or total destruction thereof to occupy the same space on the lot or rebuilt providing greater yard space and less lot coverage and not exceeding the height of the totally or partially destroyed building.
E.
Necessary maintenance and repairs. A nonconforming building or structure or a building or structure containing a nonconforming use may be repaired or restored to a safe condition.
F.
Change to other nonconforming use. A nonconforming use of a building, structure or land may be changed to another nonconforming use more nearly conforming to the requirements of the district in which it is situated; however, no building in which a nonconforming use has been changed to a use more nearly conforming to the requirements of this chapter for the district shall again be devoted to a less restricted use.
G.
Construction started prior to enactment of this chapter. Any building or structure for which construction was begun prior to the effective date of this chapter, or any subsequent amendment thereof, may be completed and used in accordance with the plans and specifications for the building or structure.
H.
Existing undersized lots.
(1)
For a lot held in single and separate ownership prior to the adoption of this chapter located in a One-Family Residential, One- and Two-Family Residential, Multiple-Family Residential or Neighborhood Business District and whose area and/or width and/or depth is less than the specified minimum lot requirements, no variance shall be required, provided that:
[Amended 7-8-2019 by L.L. No. 4-2019]
(a)
Such lot does not adjoin any other lot or lots held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district.
(b)
Such lot has an area of at least 5,000 square feet and a minimum width of at least 50 feet at the required setback line.
(c)
The following minimum yard dimensions are maintained:
[1]
Side yards each of eight feet.
[2]
Front and rear yards each of 25 feet.
(d)
All other bulk requirements for that district are complied with.
(e)
The undersized lot may be used for not more than one one-family dwelling.
(2)
A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owner's or owners' property or properties.
I.
Reduction in lot area. No lot shall be reduced in area so that it creates a nonconforming bulk or use in violation of any regulations contained in this chapter.
J.
Exemptions of lots shown on approved subdivision plats. In accordance with New York State Village Law § 7-709, Subdivision 2(a), any lot proposed for residential use in a subdivision whose plat delineates one or more new streets, roads or highways and which said subdivision plat has been properly approved by the Planning Board and filed in the office of the County Clerk prior to the passage of this chapter, and whose area and/or width and/or depth is less than the specified minimum lot requirements of this chapter for that district, shall be considered as complying with such minimum lot requirements for two years after the filing of the subdivision plat.
K.
Signs on nonconforming buildings and uses.
(1)
All signs on nonconforming buildings and uses not in compliance with the requirements of the district in which located shall be removed by their owner within three years after adoption of this chapter.
(2)
If removal by the village is necessary because of noncompliance with this Subsection K, the cost of such removal shall be assessed against the property as part of taxes.
§ 205-15 Off-street parking and loading.
In all districts, off-street automobile parking spaces and truck loading areas for the various permitted uses shall be required at the time any of the main buildings or structures of such uses are constructed or altered, as follows:
A.
Required off-street automobile parking spaces. The minimum cumulative number of spaces shall be determined in accordance with Table C, Required Parking Spaces.[1]
[1]
Editor's Note: Table C is included at the end of this chapter.
B.
Calculation of required spaces. In the case of a combination of uses, the total requirements for off-street automobile parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit modification. Whenever a fraction of a space is required, a full space shall be provided.
C.
Dimensions for off-street automobile parking spaces. Every such space provided shall be at least 10 feet wide and 20 feet long, and every space shall have direct and usable driveway access to a street with minimum maneuver area between spaces pursuant to Table D, Parking Lot Dimensions.[2]
[2]
Editor's Note: Table D is included at the end of this chapter.
D.
Location of required spaces.
[Amended 7-8-2019 by L.L. No. 4-2019]
(1)
In a One-family Residential, One- and Two-Family Residential, or Multiple-Family Residential District, required automobile parking spaces shall be provided on the buildable area of the same lot and shall not encroach on any required yards or required open area.
(2)
In a One-family Residential, One- and Two-Family residential, or Multiple-Family Residential District, driveways shall be no more than 12 feet in width and shall be located on the buildable area of the lot between the street and the garage, if any, and if there is no garage shall not be located between the dwelling and the street but shall be located on the buildable area of the lot between the dwelling and the side yard line.
(3)
In a Neighborhood Business District, for lots used for residential purposes, required automobile parking spaces shall be provided on the buildable area of the same lot and shall not encroach on any required yards or required open area. On lots used for nonresidential purposes, required automobile parking spaces shall be provided on the same lot or not more than 400 feet therefrom.
(4)
In a Neighborhood Business District, for lots used for residential purpose, driveways shall be no more than 12 feet in width and shall be located on the buildable area of the lot between the street and the garage, if any, and if there is no garage shall not be located between the dwelling and the street but shall be located on the buildable area of the lot between the dwelling and the side yard line.
(5)
In a Business or Commercial/Canal District, required automobile parking spaces shall be provided on the same lot or not more than 400 feet therefrom.
(6)
In a Business or Commercial/Canal District, no open or enclosed parking area shall encroach on any required front yard or required open areas. Open parking areas may encroach on a required side yard or rear yard to within three feet of a property line. This provision is also applicable in a Neighborhood Business district for lots used for nonresidential purposes.
(7)
No entrance and exit drives connecting the parking area and the street shall be permitted within 150 feet of the intersection of two public rights-of-way.
E.
Required off-street truck loading areas. Any retail trade or service use having 10,000 square feet or more of floor area shall have one loading berth for the first 10,000 square feet and one loading berth for each additional 25,000 square feet of floor area.
F.
Dimensions for off-street loading berths. Each required loading berth (open or enclosed) shall have the following minimum dimensions: 45 feet long, 12 feet wide and 14 feet high.
G.
Location of required berths. All off-street loading areas shall be located on the same lot as the use for which they are permitted or required. Open off-street loading areas shall not encroach on any required front or side yard, accessway or off-street parking area, except that in business districts, off-street parking areas, where they exist, may be used for loading or unloading, provided that such spaces shall not be so used for more than three hours during the daily period that the establishment is open for business.
H.
Construction of parking areas. Parking areas shall be paved with an all-weather surface and suitably drained. The individual spaces shall be visibly marked with paint or other durable material. Parking areas to be used at night shall be lighted. All lights shall be shaded or so directed as not to cause glare on adjoining residential properties and shall be so directed as not to cause a traffic hazard due to glare or color.
I.
Landscaping. At least 15% of the area of the lot usable for off-street parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material. All loading berths and parking areas of three or more spaces that abut a residential lot line, and any parking lot for more than 20 cars, shall be screened by a solid masonry wall six feet in height or compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen from the adjoining property. All parking areas and landscaping shall be properly maintained thereafter in a sightly and well-kept condition.
J.
Vehicles for sale.[3]
(1)
No more than 25 motor vehicles offered for sale or lease may be parked on a lot of a motor vehicle sales or leasing business within the Village of Phoenix, which vehicle:
(a)
Does not have a valid certificate of registration affixed pursuant to New York State Vehicle and Traffic Law Article 14; or
(b)
Does not have a valid set of number plates affixed pursuant to New York State Vehicle and Traffic Law Article 14.
(2)
No more than one motor vehicle offered for sale may be parked on any lot which is not a lot of a motor vehicle sales or leasing business within the Village of Phoenix, for a period of no more than 30 days, which vehicle:
(a)
Does not have a valid certificate of registration affixed pursuant to New York State Vehicle and Traffic Law Article 14; or
(b)
Does not have a valid set of number plates affixed pursuant to New York State Vehicle and Traffic Law Article 14.
[3]
Editor's Note: See also Ch. 193, Vehicles, Storage of.
§ 205-16 Connection to sewer system required.
No person shall undertake to construct any new building or structure within the village without being connected to the Village of Phoenix sewer system.
§ 205-17 Signs.
[Amended 4-18-2000 by Ord. No. 2-2000; 11-21-2007 by Ord. No. 9-2007; 7-8-2019 by L.L. No. 4-2019]
No sign or other device for an advertising purpose of any kind may be erected or established in the Village except and provided as follows:
A.
Signs in One-Family Residential, One- and Two-Family Residential, Multiple-Family Residential Districts:
(1)
Permitted uses and legal nonconforming uses, but not including home occupations, may display signs pertaining to the use of the property, having an aggregate total face area of not more than four square feet and not projecting beyond the principal building of such use to which they are attached more than 18 inches, or one sign may be erected in the ground, provided that such ground signs shall not exceed 15 square feet in total face area, shall not exceed five feet in height as measured from the ground to the top of the sign, shall be parallel to the lot frontage and shall be no closer than 10 feet to any property line. If such freestanding signs face other than parallel to the lot frontage or display in more than one direction, they shall have a face area of not more than eight square feet per side, with no more than two sides.
(2)
Dwellings for five or more families may display nonilluminated signs identifying the premises, having an aggregate total face of not more than 122 square feet and not projecting beyond the principal building on the lot more than 18 inches.
(3)
Any dwelling unit may display one name plate or professional sign not exceeding two square feet in area.
(4)
A customary home occupation may have one sign, not exceeding two square feet in area, attached to and not projecting from the dwelling.
B.
Signs in Neighborhood Business District. The following parameters will be followed:
(1)
Permitted uses and legal nonconforming uses, but not including home occupations, may display signs pertaining to the use of the property, having an aggregate total face area of not more than 25 square feet and not projecting beyond the principal building of such use to which they are attached more than 18 inches, or one sign may be erected in the ground, provided that such ground signs shall not exceed 50 square feet in total face area, shall not exceed six feet in height as measured from the ground to the top of the sign, shall be parallel to the lot frontage and shall be no closer than 10 feet to any property line. If such freestanding signs face other than parallel to the lot frontage or display in more than one direction, they shall have a face area of not more than eight square feet per side, with no more than two sides.
(2)
Dwellings for five or more families may display nonilluminated signs identifying the premises, having an aggregate total face of not more than 122 square feet and not projecting beyond the principal building on the lot more than 18 inches.
(3)
Any dwelling unit may display one name plate or professional sign not exceeding two square feet in area.
(4)
A customary home occupation may have one sign, not exceeding two square feet in area, attached to and not projecting from the dwelling.
(5)
Nonresidential uses may display illuminated signs. Any illuminated sign or lighting device shall employ only lights of constant intensity and no sign shall be illuminated by or contain flashing rotating, intermittent or moving lights or light. Illuminated signs shall be illuminated only during hours of operation. In no event shall illumination therefrom be so placed or directed as to permit the beams and illuminations therefrom to be directed upon any street, sidewalk or adjacent premises so as to cause glare and/or reflection that may constitute a traffic hazard.
C.
Signs in Business and Commercial/Canal Districts. The following parameters will be followed:
(1)
No signs shall project from the facade of the building.
(2)
No signs shall be placed on the roof of any building.
(3)
Any illuminated sign or lighting device shall employ only lights of constant intensity and no sign shall be illuminated by or contain flashing, rotating, intermittent or moving lights or light. In no event shall illumination therefrom be so placed or directed as to permit the beams and illuminations therefrom to be directed upon any street, sidewalk or adjacent premises so as to cause glare and/or reflection that may constitute a traffic hazard.
(4)
No freestanding signs are permitted. "Freestanding" will be interpreted as off the building itself.
(5)
Permitted signs will be parallel to the plane of the building façade or in the same plane and shall not protrude more than 18 inches from the façade and the copy and background area of the sign shall not exceed 30% of the building facade.
(6)
Signs erected and maintained in execution of governmental functions or required by any law, local law or governmental regulation are permitted.
D.
Billboards. Notwithstanding any other provisions of this chapter, signs not pertaining to the use, sale, rent or lease of property on the same lot and signs not representing construction or subdivision activity as provided in Subsection E below are not permitted in any district, except that signs for the purpose of directing persons to a local business or community establishment located within the Village may be erected in any district, provided that such sign shall not exceed four square feet in area per establishment, shall conform to the applicable regulations of the district in which they are located, shall be grouped on community poles and shall be approved by the Planning Board.
E.
No sign may project into any public right-of-way.
F.
Subdivision signs. Any person offering lots for sale in a subdivision may erect nonilluminated directional signs within the limits of the subdivision, or adjoining property in the same ownership, having an aggregate total face area of not more than 50 square feet. The permit for such signs shall be issued for a period of one year and may not, after 75% of lots are sold, be renewed.
G.
Exemptions. The following signs are exempted from the provisions of this section:
(1)
Real estate signs which advertise the sale, rental or lease of the premises upon which said signs are located, having an aggregate total face of nor more than 6 square feet within any One-Family Residential, One- and Two-Family Residential, Multiple-Family Residential District, not more than 12 square feet within any Neighborhood Business District, or not more than 20 square feet within any Business or Commercial/Canal District.
(2)
One sign denoting the architect engineer and/or contractor when placed upon work under construction and not exceeding 24 square feet in area.
(3)
Memorial signs or tables, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material.
H.
Illuminated signs. Illuminated signs are not permitted in One-Family Residential, One- and Two-Family Residential or Multiple-Family Residential Districts.
I.
Banners. Banners, pennants and similar devices are prohibited, except nonpermanent ones displayed for the occasion of special public events, which shall be displayed no longer than for a two-week period.
J.
Posters.
(1)
Posters, including bills, handbills and fliers of a temporary or nonpermanent nature advertising or providing notice of elections, entertainment, political events, shows, sports or sporting events shall not be displayed until four weeks prior to the event or activity and must be removed within one week after the event or activity.
(2)
No poster shall be attached to any private, public or utility property without the consent of the owner, government or utility.
(3)
Compliance with the provisions of this Subsection J shall be the responsibility of the person, corporation or organization conducting the event or activity advertised or noticed, and in the event of entertainment, show or sporting event, compliance shall be equally and severally the responsibility of the persons, corporation or organization owning or operating the facility at which such entertainment, show or sporting event is being held, provided that such facility charges for admissions to said entertainment, show or sporting event.
(4)
Each individual poster found in noncompliance with this Subsection J shall constitute a separate and distinct violation of this chapter.
K.
Removal of certain signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product available for purchase by the public on the premises shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within 10 days after written notification from the Code Enforcement Officer, and, upon failure to comply with such notice within the time specified in such order, the Code Enforcement Officer is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.