Phoenix Village City Zoning Code
ARTICLE IV
Specific Use Regulations
§ 205-18 Antennas and satellite dishes.
A.
Public utility uses. In any district, cellular television antennas, microwave repeater antennas, radio transmission antennas and television transmission antennas shall be located on a lot having a width and depth such that the distance from the center of said antenna to any lot line shall be equal to the height of the antenna plus 1/3 of the height of the antenna.
B.
Personal uses. In a One-Family Residential, One- and Two-Family Residential, Multiple-Family Residential or Residential Professional District, the following restrictions shall apply:
(1)
Ham radio antennas shall not extend more than 15 feet above the highest point of the dwelling located on the lot and shall be located in the rear yard of the lot on the buildable area of the lot.
(2)
Satellite television dishes shall not exceed 10 feet in diameter and shall be located in the rear yard of the lot on the buildable area of the lot. Satellite television dishes not exceeding 39 inches in diameter may be attached directly to a dwelling.
§ 205-19 Business district.
[Amended 7-8-2019 by L.L. No. 4-2019]
A.
Residential occupancy shall only be allowed for the second story or above.
B.
An allowed business use shall be on the first story.
§ 205-20 Cemeteries.
No cemetery lots or cemetery buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge or a wall or landscaped strip at least six feet in height providing complete visual screening from all adjacent residential property is provided, cemetery lots or cemetery buildings of less than six feet in height may be located no closer than 20 feet to any residential lot line.
§ 205-21 Customary home occupations.
Customary home occupations are subject to the following restrictions:
A.
No more than one person shall be employed in addition to the owner or tenant of the property;
B.
No other person shall be permitted to share, let or sublet space for customary home occupation use; and
C.
There shall not be any exterior storage of materials or equipment.
§ 205-22 Excavations and mining.
A.
Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create any noxious or injurious substance or conditions or cause public hazard.
B.
In the event that construction of a building or structure is stopped prior to completion and the building permit is allowed to expire, the premises shall immediately be cleared of rubbish or building materials, and any excavation with a depth greater than two feet below existing grade shall immediately be filled in and the topsoil replaced, or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which the excavation is located, and such fence shall be properly maintained.
C.
Mining is not permitted in the Village of Phoenix.
§ 205-23 Gasoline filling stations.
In any district where permitted, a gasoline filling station shall be subject to the following regulations:
A.
Filling stations shall be permitted only on lots of 22,500 square feet or more, with 150 feet minimum of frontage.
B.
The location of service bays shall be at the discretion of the Planning Board.
C.
The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area.
D.
No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the outside edge of the fuel island.
E.
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.
F.
All repair work and storage shall be within a completely enclosed building which has a maximum height of 15 feet. Such repair work shall not include any body repair work or spray painting or car washing which requires mechanical equipment.
G.
No more than six motor vehicles may be parked on a lot of a gasoline station or repair facility within the Village of Phoenix, which vehicle:
(1)
Does not have a valid certificate of registration affixed pursuant to New York State Vehicle and Traffic Law Article 14; or
(2)
Does not have a valid set of number plates affixed pursuant to New York State Vehicle and Traffic Law Article 14.
§ 205-24 Mobile homes and mobile home parks.
Individual mobile home sites are not allowed except in mobile home parks as established pursuant to this chapter.
§ 205-24.1 Outdoor food and beverage service.
[Added 6-5-2012 by L.L. No. 3-2012]
A.
Title. This § 205-24.1 shall be known as "Outdoor Food and Beverage Service."
B.
Special permit; site plan requirement(s) (generally); fee.
(1)
No outdoor preparation and service of food and/or beverages, including alcoholic beverages, nor the construction, installation or operation of facilities for same, such as on sidewalks, decks, patios, rooftops and/or roofed, canopied or other open areas whatsoever (including such outdoor areas served by indoor food or beverage service) and incidental bar(s), cooking, food and beverage preparation or service, musical entertainment and accessory recreational and incidental areas, shall be permitted except within the Business and Commercial/Canal Zoning Districts and unless a special permit has first been approved and such special permit and site plan approval have been issued by the Village Board of Trustees. Under this § 205-24.1, site plan review is included as part of the special permit procedure in a combined review. The special permit shall only be issued following the review and recommendation of the Village Planning Board and in conjunction with site plan review and approval as required under Village Law § 7-725-a, a public hearing and all other requirements under Village Law § 7-725-b, Subdivision 6, and the Village of Phoenix Code. In the event of a new project proposal (which includes such outdoor service components as described hereunder), the entire application and project shall be subject to the provisions hereof. The special permit under this § 205-24.1 is for seasonal and permanent outdoor service. Special events, festivals and the like are or may be subject to other provisions of the Village Code.
(2)
The fee(s) for site plan review and the special permit review shall be in such amount(s) as determined from time to time by duly adopted resolution of the Board of Trustees. The special permit fee shall be the same regardless of the time of year issued and, thus, the actual duration of the special permit. In addition, pursuant to various provisions of the Village of Phoenix Zoning Code, and also Chapters 153 and 146 of the Village Code, an appropriate deposit for professional services rendered the Village shall be made at the time of application submission and invoices for same timely paid to the Village.
(3)
Chapters 153 and 205 (§ 205-32J) of the Village Code are hereby amended to provide for reservation of special permit and site plan review jurisdiction under this § 205-24.1 only in the Village Board, removal of any such authority from the Planning Board and Zoning Board of Appeals, and, however, requiring review and advisory recommendation by the Planning Board in relation to the site plan component hereof.
(4)
Any application made pursuant to the provisions of this § 205-24.1 shall be originated by a combined site plan and special permit application in a form promulgated by the Village, to the Village Board of Trustees, submitted to the Village Clerk, and shall be referred to the Planning Board upon being deemed suitable for same by the Village Attorney. The Planning Board shall review and transmit its recommendations to the Village Board within 30 days of referral. If an area variance is required, the applicant shall first be referred to the Zoning Board of Appeals. An application shall not be deemed "complete," received and filed for purposes hereof, and relative to any applicable time periods, until the same has received such an advisory review, any required variances, and the application with such advisory recommendation has been submitted to the Village Clerk. A special permit under this § 205-24.1 shall include any site plan review by the Village Board. The Planning Board, in connection with its review, may also advise the applicant and Zoning Board of Appeals as to its position relative to any required area variance(s). Only after the applicant has obtained all necessary variances and the appropriate Planning Board recommendation shall the application be accepted and filed and the Village Board proceed to act upon the special permit application. In its site plan review, any required or discretionary public hearing (if any) shall be concurrent with the public hearing required for special permit issuance hereunder and any required or desired pursuant to the State Environmental Quality Review Act. All site plan review requirements and procedures shall otherwise be as required for the Planning Board under Chapters 153 and 205 hereof.
(5)
In light of the combined review procedures established hereunder, upon reasonable request of the Village, the applicant shall consent in writing to a request for a waiver and extension of any of the foregoing or other required time periods, provided that such waiver and extension is reasonable under the circumstances and not occasioned as a result of dilatory actions or omissions by the Village. In the event such consent is not granted, the Village Board of Trustees may opt to deny the application without prejudice.
C.
Eligible establishments.
(1)
Only commercial establishments with a proper certificate of occupancy for a restaurant use duly issued by the Village of Phoenix, and with no current zoning or other state or local code violations, and which take orders and maintain table service within their establishments as the dominant use, may take orders and serve food and beverages (including alcoholic beverages) in such outdoor service areas.
(2)
Any other commercial establishments that are not as described in Subsection C(1) above may be considered for issuance of an outdoor service special permit only if all other local, county and state requirements for the proposed facility are met and, in addition, the Board of Trustees determines the standards and objectives set forth herein can be met with imposition of the appropriate conditions.
(3)
The provisions of Village Code § 205-14, relating to nonconforming buildings, uses and structures, shall govern in relation to any expansion, modification, alteration, cessation or other circumstance(s) as described under § 205-14 and the requirement of compliance with this § 205-24.1. The foregoing notwithstanding, those provisions hereof being components of an operating permit, and thus a proper function of the Village's police powers, shall nevertheless be enforceable on all such uses, regardless of any nonconforming zoning character. These may include requirements as to ongoing operations and affecting noise, hours of operation, conduct of business, and the like, i.e., matters not related to or properly subject to zoning regulation. In the event of any grant of use variance permitting such uses, buildings and structures, as contemplated hereunder, in a zoning district other than Business or Commercial/Canal, same shall be subject to this § 205-24.1C in its entirety, and including specifically, but without limitation, § 205-24.1J(3) hereof. These provisions shall not be deemed a legislative finding that in such other districts, uses as contemplated hereunder are consistent or compatible with neighborhood or district character or with the Comprehensive Plan of the Village of Phoenix, or that within such other districts, satisfaction of such standards, criteria and conditions as described herein are tantamount to such a finding.
D.
Application for permit. An application for a special permit hereunder shall be submitted to the Village Clerk on a form prescribed by the Village. Such application shall contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address and telephone number of the establishment, the subject of the application and the name(s) and telephone number(s) of the owner(s) and operator(s) of the land and the establishment or designated responsible representative. All persons or entities having an ownership interest in the establishment and lands shall join in the application or consent to same. All such designations of representative and owner consents shall be in a signed writing.
(3)
Whether alcoholic beverages are to be served; and, if so, a copy of the appropriate liquor license issued by the State of New York is to be appended to the application.
(4)
A certified, updated instrument survey map of the subject property, also indicating all adjacent property(ies), including properties and rights-of-way which is/are Village owned.
(5)
If proposing a sidewalk/right-of-way or street side area use, a plan showing the complete sidewalk area, and as to all proposed uses and areas (including sidewalk/right-of-way), and the location, detail, coloring and materials of all furniture and fixtures, equipment and personalty to be constructed, installed and/or used, including a fully dimensioned seating plan and the location of entrances and exits.
(6)
Descriptive and detailed material(s) showing all of the foregoing (Subsection F) and how same shall, as to sidewalk cafe use(s) and otherwise, be stored or secured during nonoperational hours.
(7)
A description of any live or mechanically reproduced music proposed to be played and a description (including technical details) and location of the facilities, equipment or other devices proposed for amplification of sound, including as to the decibel level of such music at the property lines and direction of projecting sound from speakers or otherwise.
(8)
All certificates of occupancy or temporary certificates of occupancy for the property, or a letter from the Village Code Enforcement Officer in lieu thereof. Issuance of any special permit based on such letter is solely within the Village Board's discretion.
(9)
As to any Village Code or New York State Uniform (Fire, Building, Property Maintenance or other) Code violations on the property, proof that they have been corrected.
(10)
State Environmental Quality Review Act (SEQRA) long environmental assessment form.
(11)
Any other information required under the Village Code relative to any required area variances, site plan and special permit review and, in addition, any other information that the Village Code Enforcement Officer, Village Attorney, Planning Board or Village Board of Trustees may determine is reasonably necessary for a determination. The foregoing notwithstanding, the Village Board of Trustees shall have the authority to specially waive or relax such of the foregoing as it may determine reasonably warranted, and any such actions shall be binding upon all of the foregoing persons and bodies with respect to a determination that the application is suitable for initial referrals and complete and accepted for filing and further proceedings.
E.
Standards for issuance of special permit. The following criteria and/or standards shall be considered by the Village Board in connection with its revisions hereunder and by the Planning Board in relation to its advisory recommendation:
(1)
General; nearby properties; community. Whether and to the extent the proposed use may adversely affect the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the neighborhood. Whether and the extent to which the location and size of the proposed use, the nature and intensity of the operations, and traffic reasonably expected to be involved in relation to the foregoing, arrangement and capacity of nearby streets, and the hours of proposed operation are such that the proposed use will be in harmony with the appropriate and orderly development of the zoning district, neighborhood and community. Whether and the extent to which the parking areas to be provided will be adequate in capacity for the particular use, properly located and suitably screened from adjoining residential uses and that the entrance and exit drives shall be laid out so as to achieve maximum safety. Whether and the extent to which public parking, on street, adjacent public lots or spaces, or otherwise, in reasonable numbers will remain available for nearby residents and businesses. Whether and the extent to which, where senior citizen housing, churches, schools or other public or semipublic (nonbusiness/noncommercial) uses likely to be in operation at or near the same time(s) as proposed are located adjacent, across the street, or otherwise in relatively close proximity, the proposed plan takes same into account and includes measures to be particularly sensitive to such uses.
(2)
Architecture; screening; related. Whether and the extent to which, as proposed, the location, nature and height of improvements, architectural and aesthetic fixtures, walls and fences and the nature and extent of any landscaping, buffering and screening on site hinder, discourage, or encourage the appropriate development and use of adjacent and nearby land and buildings. Whether and the extent to which the proposed outdoor service will interfere with pedestrian or vehicle traffic or parking or use by the public of any Village-owned portions of the property adjacent to or nearby the establishment. Whether and the extent to which adequate and aesthetically suitable screening, via landscape, fencing, walls, architectural features and the like, exists to help mitigate any adverse visual, noise and other relevant adverse impacts and so as to encourage compatibility with other nearby residences and business/commercial premises.
(3)
Lighting; noise; fumes; odors; related. Whether and the extent to which proposed operations may be objectionable by reason of noise, fumes, smoke, dust, vibration, glare, intensity or flashing of lights:
(a)
As to proposed outdoor cooking facilities, soot, cinders, smoke, fumes, gases or other odors so as to be detrimental to any person or to the public or which may annoy, disturb, injure, or endanger the health, safety and welfare of any person(s);
(b)
Whether and the extent to which, as proposed, lighting from any part of the premises (including signage) shall project beyond the property lines of the premises with an intensity or effect sufficient to disturb the peace, health, safety or comfort of adjacent or nearby residents or the general public, or with animated, blinking, flashing or rolling features, or with point sources, not unshielded or not directed downward;
(c)
Whether and the extent to which music played by mechanical device or live performance may annoy, disturb, injure, or endanger any person or the public in their health, comfort, safety, repose and peace; and
(d)
Whether and the extent to which loud, unnecessary or unusual noises, hollering, screaming, cheering, jeering or similar conduct is likely to occur, be made or caused to be made or continued at any time which either annoys, disturbs, injures or endangers the comfort, repose, health, peace and safety of other persons or the public.
(4)
Degree of dominance, subordinance. Whether and the extent to which the proposed outdoor service is or is apt to become the dominant, as opposed to being incident and clearly subordinate to, operations conducted within the main service premises. Further, whether and to the extent outdoor beverage service is dominant relative to outdoor food service. It is the stated intent of this legislative scheme that outdoor service not be dominated by tavern, nightclub, or small concert or similar public assembly purposes, as same have been determined to often be the cause of adverse characteristics or circumstances contrary to the intent of this regulatory scheme, and that traditional restaurant use, with customer tables, wait staff and the like, be a significant component of such use and as dominant as alcoholic beverage service.
(5)
Security; emergencies. Whether the applicant has evidenced a satisfactory means and plan to provide security and address unusual and other emergencies resulting from its operations, assemblages of patrons and the like.
(6)
Other compliance. Whether and the extent to which the applicant is and has been in compliance with, has met, and as proposed shall meet, all other applicable provisions in this § 205-24.1 and otherwise in the Village Code and all applicable state, county and local requirements [it being specifically noted that other requirements of the Village Code may apply and where conflicting, redundant or similar provisions exist, pursuant to Village Code § 205-2B(1) and (2), the provisions which are more restrictive or which impose higher standards shall prevail, unless waived by the Village Board]. Whether, where applicable, any standards and requirements established or approved by the Village Engineer have been satisfactorily met as evidenced by his certification and that all necessary approvals of any other governmental agency or board have been or will be obtained by the applicant as a condition of approval and issuance of a special permit.
(7)
Other standards/criteria objectives. Consideration of any and all other criteria and standards as the Village Board may determine appropriate on a case-by-case, but consistently applied, basis in order to ensure adequate protection of the public health, safety and welfare, the protection of neighboring and nearby properties and of the community and neighborhood character. This criteria/standard recognizes the authority of the Village Board, as a legislative function, to consider standards and criteria, fashion approvals and conditions thereof on a case-by-case basis, and to relax or waive consideration of certain standards or criteria; provided, however, in any event, that in similar cases, same are consistently and fairly applied, and to otherwise apply such standards and criteria not specifically provided for herein as are fair, equitable and legally permitted.
F.
Effect of special permit; conditions.
(1)
General; § 205-24.1E reference. Notwithstanding § 205-8, or any other provisions of this Zoning Code, applicants with site plan approval and issued a special permit hereunder ("permittees") may engage in such outdoor service as set forth in this § 205-24.1 and specifically in such special permit, subject to conditions and restrictions as may be reasonably imposed to protect the public health, safety and welfare, and as reasonably incidental and sufficiently directly related to the proposed use, and so as to address the standards and criteria set forth in § 205-24.1E, and including, without limitation, however, the following minimum standards and conditions. Such standards and conditions notwithstanding, where circumstances warrant and such circumstances and rationale are clearly articulated, conditions and standards less or more stringent may be imposed in connection with issuance of the approvals and permitting contemplated hereunder.
(2)
Food service offering. The consumption of alcoholic beverages in such outdoor service areas is prohibited unless served by the permittee, as New York State licensed premises, and accompanied by the service and offer of consumption of food, it being the responsibility of the permittee to ensure compliance with this provision. It is a material requirement of any permit that such outdoor facilities equally promote and cater to combined food and beverage consumption and that components of layout, event and special promotion and publicity, and the effect of the permittee's use of such facilities achieve this objective.
(3)
Other laws. The permittee shall be subject to and bound by all applicable federal, state and local laws, rules, regulations, ordinances, and statutes, and including, without limitation, the Village of Phoenix Code.
(4)
Outdoor service. Outdoor service activities at sidewalk level shall be limited to areas directly to the street front, or street side, or rear of the premises or as otherwise specifically permitted and shall not, except as follows, extend beyond the property lines. Within there shall be a minimum of five feet of total sidewalk clearance to provide adequate and unobstructed pedestrian movement, such width to be measured from the outermost point of the outdoor service area to the nearest obstruction. A special permit issued hereunder includes a grant of license for use of the Village sidewalk (right-of-way), subject to the foregoing.
(5)
Cleaning; refuse. The outdoor service area and adjacent areas shall be periodically, as deemed necessary by the Village Code Enforcement Officers, Mayor or Administrator, cleaned and kept refuse free. The outdoor service area and adjacent areas shall be swept and washed down each night just prior to closing and at other times as needed. Sufficient (and in design as approved) containers for refuse and recyclables shall be placed in the outdoor service area and emptied prior to overflow.
(6)
Hours of operation/service. Except as may otherwise be restricted, outdoor service activities shall take place only between the hours of 6:30 a.m. and 11:00 p.m. on all days of the week, except Friday and Saturday, which may be between 6:30 a.m. and 1:00 a.m. of the following day.
(7)
Hours of operation/music. Music by mechanical device or live performance may be provided so long as it is not of a type or volume as to violate any applicable law or ordinance (including any decibel level or other requirement contained in any Village Code noise provisions) or to otherwise create a nuisance to surrounding residents or property owners, and in any event, (1) shall not exceed, either continuously or intermittently in any degree, a level of 70 decibels measured at a distance of five feet beyond each property line of the premises; and (2) except as may otherwise be restricted, shall not occur past 11:00 p.m. on Sunday through Thursday, nor 1:00 a.m. on the day following a Friday or Saturday night. No pyrotechnic, strobe, flashing, rolling or other lighting or similar displays shall be permitted in connection with musical performances.
(8)
Lighting. All exterior lighting shall be installed and operated such that direct or indirect illumination from the source of light shall not cause illumination in excess of 0.5 footcandle above the ambient light level on any abutting property, nor shall any point source of light be unshielded from view at four feet above ground or higher level of all adjacent and nearby properties.
(9)
Outdoor furnishings/equipment. All furniture and equipment used in conjunction with outdoor service within any Village sidewalk or right-of-way or any designated private or public parking areas, including those incidental to the premises, must be of a temporary nature and must be brought in at closing time or securely fastened against the building facade during nonoperational hours.
(10)
Minimum conditions; wavier. The foregoing represent minimum conditions and restrictions under many circumstances. The Village Board, however, in connection with any approvals, and for the protection of the public health, safety and general welfare, may impose greater or more-stringent conditions and restrictions and may, under certain circumstances, waive or relax same for good cause and provided such rationale is stated in the approval resolution(s) subject thereof. The Village Board may likewise impose certain conditions on a trial or provisional basis, with reserved authority to later modify same, provided the applicant/permittee commits to such trial/provisional conditioning of its approvals. All such conditions or restrictions imposed as a legitimate exercise of the Village's police powers shall be directly related to and incidental to the proposed use(s).
G.
Liability of permit holder. The permittee, as a condition of such permit issuance, shall be liable for and shall indemnify, defend and hold harmless the Village for and from any loss, damage, injury or expense sustained by the Village arising out of any claim or cause of action instituted or commenced by any person or persons arising out of the issuance of such special permit or as a direct or indirect result of the operation of such outdoor service area on or near Village property, including within the Village right-of-way.
H.
Insurance. Prior to the issuance of a special permit, the permittee shall deliver to the Village an endorsement, policy or unconditional certificate of insurance for comprehensive general liability, naming the Village of Phoenix as additional insured, with combined single limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate and umbrella limits of $1,000,000, and such documentary evidence of insurance coverages shall provide that no material modification, cancellation or expiration shall occur except upon 30 days' prior written notice to the Village.
I.
Suspension, revocation and nonrenewal of permit. The Village Board shall notify the permittee, in the following described manner, of any suspected or illegal material, significant, recurring or continuous violation(s) from which suspension or revocation may be warranted ("material violation(s)") and shall have the authority to revoke or suspend a special permit when following a public hearing on not less than 10 days' prior written notice by registered or certified mail, return receipt requested, to the permittee at both the premises and Village property tax addresses. The permittee shall be granted due process at such hearing, and the permittee and Village, and any other parties and witnesses, shall be permitted to be heard and with both Village and permittee present, examine and cross-examine all such persons. Failure of a properly notified permittee to appear for such hearing shall not preclude the Village from proceeding. The permittee may request a reasonable adjournment to prepare for same, however, in any event not to exceed 30 days following the original hearing date. The Village reserves the authority during any such adjourned period to suspend the special permit. Following such hearing, the Village Board shall determine whether there has been a material violation of the special permit or site plan approval conditions and of any applicable regulations, local laws or statutes or that continuation of said special permit would otherwise constitute a hazard or nuisance. For good cause, and based upon emergency, exigent or other similar circumstances, the Village Board of Trustees may suspend such special permit, pending the public hearing on revocation, or otherwise, and provided the public hearing is duly scheduled for a date not to exceed 10 days from the date of suspension.
J.
Permit term; renewal prohibition.
(1)
Permits are annual and shall be issued on or after January 1 of each year. All permits, regardless of when issued, shall expire on the last day of December. The foregoing notwithstanding, outdoor service may only occur between May 1 and November 1 of each year.
(2)
Applications for renewal of permits shall be made upon a form approved by the Village. Permits are not assignable. Renewal of special permits shall be summarily and automatically granted by the Village Board of Trustees as described under and subject to the procedures set forth at § 205-24.1I unless material violation(s) has/have occurred, in which case such expiration and nonrenewal shall be treated as a suspension of the special permit pending the required public hearing and further action of the Village Board. No nonrenewal or suspension related to same shall be based upon an alleged or suspected material violation occurring in excess of 40 days prior to the special permit expiration date and which the permittee has not received previous notification of; however, for material violations discovered or alleged to have occurred within such thirty-day (prior to the expiration date) period, no such previous notice is required.
(3)
In the event of an application for a new restaurant, tavern or similar use, and which proposal does not include outdoor service components as described hereunder, such application/proposal shall not be subject to the provisions of this § 205-24.1; however, no application under this § 205-24.1 may be made to the Village earlier than three years following the issue date of a certificate of occupancy related to construction of such new restaurant, tavern or similar use.
§ 205-25 Neighborhood Business District.
[Amended 7-8-2019 by L.L. No. 4-2019]
A.
There is hereby created a new district to be known as the "Neighborhood Business District (NB)" for the lands herein designated to be so designated on the Zoning Map of the Village of Phoenix.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Village Clerk.
B.
The zoning classification of the lands identified on the map, attached and made a part hereof, is hereby changed from Residential Professional (RP) to Neighborhood Business (NB) and additional lands previously identified as Multiple-Family Residential (RM) are changed to Neighborhood Business (NB).
C.
The architectural standards for existing structures. All structures existing after the enactment of this chapter to be used for professional uses shall be modified for professional use subject to the following architectural standards: Any existing residential structure converted to professional use shall not have its exterior altered in any manner, except with respect to compliance with the Americans with Disabilities Act.
D.
Standards for operation of professional or nonresidential use shall be limited to the period between 6:00 a.m. and 10:00 p.m. local time.
§ 205-26 Swimming pools.
A.
A swimming pool shall not be located in the front yard or side yard of any lot or in any yard adjoining a street.
B.
A swimming pool shall be located at least 10 feet from any lot or property line.
C.
A swimming pool abandoned by the owner of the lot shall be filled in by the owner and the ground shall be returned to the previous grade.
§ 205-27 Short-term residential occupancy of recreational vehicles.
Recreational vehicles shall not be occupied more than 14 days out of 365 days per calendar year.
§ 205-28 Commercial/Canal District. [1]
A.
There is hereby created a new district to be known as the "Commercial/Canal (CC) District" for the lands herein designated to be so designated on the Zoning Map of the Village of Phoenix.
B.
The zoning classification of the lands identified on the map, attached and made a part hereof, is hereby changed from Open Lands (O) to Commercial/Canal (CC).[2]
[2]
Editor's Note: The map is on file in the office of the Village Clerk.
C.
The allowed uses and/or restrictions for lands designated Commercial/Canal shall be as follows, with reference to Part 703, entitled "Typical Occupancies for Buildings of General Building Construction," as found in Title 9 of the New York Codes, Rules and Regulations:
(1)
All allowed buildings shall be single-story, except for the south end, which shall be limited to two stories. If this single/two-story requirement precludes a specifically included use such preclusion shall apply.
(2)
Section 703.2, C1 Business. All delineated uses are allowable.
(3)
Section 703.3, C2 Mercantile. Only the following shall be allowed:
(a)
Mercantile stores, excluding auto sales rooms and gasoline service stations.
(b)
Display rooms.
(c)
Markets and supermarkets.
(d)
Stores, including paint stores without bulk handling facilities.
(4)
Section 703.4, C3 Industrial. None shall be allowed.
(5)
Section 703.5, C4 Storage. Inside (enclosed) low-hazard storage only shall be allowed, pursuant to the aforementioned New York Codes, Rules and Regulations. No outside (open) storage shall be allowed.
(6)
Section 703.6, C5 Assembly. Only the following shall be allowed:
(a)
Art gallery.
(b)
Restaurant.
(c)
Assembly hall.
(d)
Auditorium.
(e)
Club room.
(f)
Lecture hall.
(g)
Lodge hall.
(h)
Funeral parlor.
(i)
Museum.
(j)
Churches, synagogues, mosques and similar places of worship.
(7)
Section 703.7, C6 Institutional. None shall be allowed.
(8)
Section 703.8, C7 Miscellaneous. None shall be allowed.
D.
In addition to the aforementioned allowed uses and/or restrictions as set forth in Subsection C above, the following restrictions shall also apply to the aforementioned lands zoned CC:
(1)
Thirty feet at the north end from the designated "Westerly Line of Richardson" on the map shall remain forever green.
(2)
Thirty feet at the south end from the designated "East Line of Richardson" on the map shall remain forever green, and an additional 50 feet (from the end of the 30 feet that is forever green to 80 feet) shall not have any buildings on the same but may be used for parking, subject to appropriate landscaping.
(3)
From the existing building to the bridge (south end of Richardson property on the map) there shall be no storage facilities.
(4)
Thirty feet at the north end from the designated "Westerly Line of Culvert Street at State Street" on the map shall remain forever green, and an additional 50 feet (from the end of the 30 feet that is forever green to 80 feet) shall not have any buildings on the same but may be used for parking, subject to appropriate landscaping.
(5)
On the east side (State Street side) there shall be a continuous four-foot-wide sidewalk between the road and any buildings, said sidewalk to be constructed as the buildings are constructed.
[1]
Editor's Note: This section was originally added by L.L. No. 5-1996. See § 205-1 of this chapter.
§ 205-29 Junkyards and dumps.
An automobile junkyard, junkyard and/or dump is not allowed in the village.