Scottsville City Zoning Code
ARTICLE IX
Special Uses
§ 170-47 Purpose and applicability.
A.
The purpose of this article is to place requirements on specific uses that have a greater potential to adversely impact surrounding properties but may be desirable and compatible provided proper control and regulation. These requirements are intended to promote the public health, general safety, and neighborhood character of the immediate neighborhood and the larger community.
B.
The following requirements are applicable to the uses, permitted and specially permitted, listed in the use tables for each district under Article III of this chapter. Uses allowable by special permit must obtain Planning Board approval via the special use permit process (Article IX) prior to operation. Uses permitted by right do not require Planning Board approval, provided they meet all applicable requirements set forth in this article.
§ 170-48 Special use permit general procedure and conditions.
A.
Delegation of authority. The Planning Board is hereby authorized to act on proposed specially permitted uses that are specifically provided for in this chapter. Such action may include approval, approval with conditions, or disapproval of an application based on the standards set forth in this article.
B.
Rules of procedure. The Planning Board may adopt and file in the Village Clerk's office such rules of procedure as it may deem necessary to the proper exercise of its responsibilities with respect to specially permitted uses.
C.
Application required. The property or building owner, their agent, or lessee, purchaser or tenant with permission of the owner, may file a special use permit applications. Applications for a special use permit must be filed with the Village Office in accordance with the following:
(1)
Applications shall include at least five copies of required materials and/or maps as well as one electronic version of all materials and/or maps, unless otherwise waived by the Planning Board.
(2)
Applications must be submitted at least 15 days prior to any scheduled Planning Board meeting in order to be placed on the agenda of said meeting.
D.
Public hearing and notice. Prior to taking action on any special permit application, the Planning Board shall hold a public hearing after public notice as provided in § 170-61. No action shall be taken respecting such matter until all interested parties shall have been given an opportunity to be heard.
E.
Application referral. All matters which are the subject of a mandatory referral or notice to other agencies, as set forth in the enabling statutes and in § 239-1 and m of Article 12-B of the General Municipal Law, shall be transmitted to the appropriate agencies by the Secretary of the Planning Board in accordance with the provisions of those sections.
F.
Minutes. The Secretary of the Planning Board shall keep minutes of the Board's proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Secretary shall also keep records of examinations and official actions, all of which shall be immediately filed in the office of the Planning Board and shall be a public record. Each decision of the Planning Board with respect to the approval of a specially permitted use shall be so stated and documented as to provide a definitive authorization to the Code Enforcement Officer for issuing a building permit or certificate of occupancy.
G.
Site plan review required. A site plan for any proposed specially permitted use in any district where authorized shall be submitted to the Planning Board for approval prior to authorization by the Planning Board for the issuance of a building permit.
H.
Expiration of permit. A special use permit authorization by the Planning Board for the issuance of a building permit shall expire within 90 days of such authorization in the event that such building permit shall not be applied for within such ninety-day period. The Planning Board may grant extension of such authorization for additional ninety-day periods.
I.
Conforming status. A specially permitted use, for which a building permit is authorized by the Planning Board pursuant to the provisions of this article, shall be construed to be a conforming use.
J.
Penalty. Any violation of the limitations or special conditions and safeguards established by the Planning Board with respect to a specific authorization for a specially permitted use shall be deemed a violation of this chapter, punishable under the provisions of Article XI.
K.
Application fees. The fee for specially permitted use applications to the Planning Board shall be set forth from time to time by resolution of the Board of Trustees.
§ 170-49 Conditions for special use permit approval.
For every such specially permitted use, the Planning Board shall determine that:
A.
Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 170-1.
B.
The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
C.
The proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.
D.
The site is particularly suitable for the location of such use in the community.
E.
The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly.
F.
The proposed use, particularly in the case of controlled industry, conforms with this chapter definition of the specially permitted use, where such definition exists, or with the generally accepted definition of such use where it does not exist in this chapter.
G.
Access facilities are adequate for the estimated traffic from public streets and sidewalks so as to ensure the public safety and to avoid traffic congestion, and further that vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of the intersection except under unusual circumstances.
H.
All proposed curb cuts have been approved by the street or highway agency that has jurisdiction.
I.
There are off-street parking and truck loading spaces at least in number required by the provisions of Article VI but in any case adequate in number for the anticipated number of occupants, both employees and patrons or visitors; and further that the layout of the spaces and driveways is convenient and conducive to safe operation.
J.
Adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.
K.
Adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.
L.
The site development plan shall be compatible with the distribution of soil characteristics on the site and their implications for such development.
M.
Consideration has been given to preserving significant trees and natural features in the vicinity.
N.
Such use will not create a hazard to health, safety or the general welfare of the public.
O.
Such use will not alter the essential character of the district nor be detrimental to the neighborhood residents.
P.
The imposition of such use will not negatively impact the flow or access of pedestrian and bicycle traffic in and around the site.
§ 170-50 Additional conditions and safeguards for specified uses.
No authorization for a special use permit or building permit shall be granted by the Planning Board or Code Enforcement Officer for any use listed in this section unless the Board shall specifically find that, in addition to meeting all the general conditions set forth in § 170-49, the proposed specially permitted use also meets the special conditions and safeguards required in this section.
A.
Accessory dwelling units.
(1)
Purpose. The purpose of regulating accessory dwelling units is to:
(a)
Create new housing units while respecting the look and scale of one-family residential development;
(b)
Increase the housing stock of existing neighborhoods in a manner that is less intense than alternatives;
(c)
Allow more efficient use of existing housing stock, and public infrastructure;
(d)
Provide a mix of housing options that responds to changing family needs and smaller households;
(e)
Offer a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship, and services; and
(f)
Promote a broader range of affordable housing.
(2)
Number of allowable units. One accessory dwelling unit with no more than one bedroom is permitted on a single parcel in addition the primary one-family dwelling unit.
(3)
Building permit. The Code Enforcement Officer may issue a building permit authorizing the installation and use of an accessory dwelling unit that is contained within the primary residential unit, provided it meets the requirements of Subsection M for multifamily dwellings by conversion.
(4)
Site plan approval. Accessory dwelling units requiring an addition to the primary residential structure or which is an adaptive reuse or conversion of a detached existing permanent accessory structure on the parcel such as a barn, garage, or carriage house, require site plan approval (§ 170-62) by the Planning Board prior to issuance of a building permit. This provision shall also apply to all newly constructed accessory dwelling units.
(5)
Subdivision prohibited. Under no circumstances may a detached accessory dwelling unit be separated from or subdivided from the parcel containing the primary residential unit.
(6)
Existing units. Accessory dwelling units created prior to the date of enactment of this chapter shall submit an application for a certificate of occupancy to the Code Enforcement Officer.
(a)
The application must contain the name of the owner(s), the floor area of the two dwelling units (primary and accessory), evidence that the unit was created prior to the enactment of this chapter, a plot for the property, and signature of the owner(s).
(7)
Owner-occupancy requirements.
(a)
One of the dwelling units on the parcel shall be occupied by one or more owners of the property as the owner(s)' permanent residence for at least six months out of the year and at no time may receive rent for more than one unit on the parcel.
(b)
The Code Enforcement Officer may waive this requirement for temporary absences of between six months and one year where the accessory unit has been a permitted use for at least two years and the owner submits proof of absence from the Village of Scottsville, New York.
(c)
At no time may the owner receive rent for both the primary and the accessory dwelling units.
(d)
The property owner(s) shall sign an affidavit before a notary public affirming that the owner occupies either the principal residential unit or the accessory dwelling unit and submit it to the Code Enforcement Officer.
(e)
Upon sale of the property, a new owner shall be required to sign a new affidavit and submit it to the Code Enforcement Officer.
(f)
The individual sale of any accessory dwelling unit apart from the principal use is strictly prohibited.
(g)
When a parcel containing an accessory dwelling unit is sold or ownership transferred, the new owner(s), if they wish to continue to rent or lease one of the units, must, within 30 days of the sale, submit a notarized letter to the Code Enforcement Officer stating that they will occupy one of the dwelling units on the parcel as their primary residence except as provided for in the provisions of this chapter.
(8)
Building code requirements. The accessory dwelling unit shall be a complete, separate housekeeping unit containing both kitchen and bath and must meet all New York State Uniform Code requirements.
(9)
Habitable floor area requirements. The total of habitable floor area for any accessory dwelling unit shall not exceed 33% of the total square footage of the primary structure and the accessory dwelling unit combined after modification. No accessory dwelling unit shall contain less than 300 square feet of habitable floor area or more than 800 square feet of habitable floor area.
(10)
Entrances. Any new separate outdoor entrance serving an accessory dwelling unit shall be located on the side or in the rear of the building lot for an accessory dwelling unit that is in or attached to the primary residential unit. This provision shall not apply to detached accessory dwelling units.
(11)
Design and character. An accessory dwelling unit shall be designed to maintain the architectural design, style, appearance, and character of the primary residential unit. Any addition must be consistent with the existing facade, roof pitch, siding and windows of the primary residential unit. Any addition shall not exceed the height of the primary structure.
B.
Accessory structures and uses. Accessory uses and structures subordinate to the primary use in size and function are permitted with the following conditions. No accessory use or structure shall be established or constructed until the primary use or structure is constructed. Accessory uses and structures deemed to be similar in nature and appropriate by the Code Enforcement Officer may also be allowed in the Village.
(1)
In all districts.
(a)
Accessory structures, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be placed a minimum of 10 feet from the main building, unless otherwise approved by the Planning Board.
(b)
A private garage may be constructed as a structural part of a main building, provided that, when so constructed, the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.
(c)
Accessory structures, including private garages, shall not be placed within a required front yard or within a required side yard.
(d)
An access driveway may be located within a required yard.
(e)
The following accessory structures may be located in any required front or rear yard:
[1]
Awning or movable canopy not exceeding 10 feet in height or an area equivalent to 5% of the required area of the yard in which it is located.
[2]
Open arbor or trellis.
[4]
Patios, decks and terraces.
[5]
Unroofed steps, patio or terrace not higher than one foot above ground level, provided that they shall not extend more than 10 feet into a required front yard or more than four feet into a required side yard.
[6]
Within an RA1-4 District, a wooden deck no higher than the first floor level of the main building. The construction of wooden decks must be of pressure-treated lumber and must have an area not to exceed 160 square feet. The deck-to-ground maximum rise to run may not exceed 18 inches nor have a width of more than 36 inches. Wooden decks may abut the owner's own fence. There may be no roofs or balcony structures built over the decks.
[7]
There shall be no concrete slab patios.
(2)
In residential districts.
(a)
Accessory uses and structures shall be permitted in the rear yard only and shall be in conformance with the height and setback requirements for the district in which it is located as determined by Tables 170-11.2[1] and 170-11.3[2] (residential district dimensional and bulk requirements) of this chapter.
[1]
Editor's Note: Table 170-11.2, Residential District Dimension Requirements, is included as an attachment to this chapter (170 Attachment 2).
[2]
Editor's Note: Table 170-11.3, Residential District Bulk Requirements, is included as an attachment to this chapter (170 Attachment 3).
(b)
Accessory off-street parking areas shall not be permitted in a required front yard, excepting paved or gravel areas (not exceeding 30% of the required yard area) connected to approved street access.
(c)
Any detached toolshed, garden shed, utility shed or similar structure, not for the purpose of housing a motor vehicle and not exceeding 150 square feet and not over eight feet in height from ground level, may be located as close as three feet to a rear property line in any residential district. Only one such structure will be permitted on any lot and shall not be used for housing of animals or poultry or their wastes.
(d)
Solar energy systems may be permitted as an accessory use in residential districts, provided they are located on the roof of the structure and do not cause the structure to exceed maximum building height requirements.
(3)
In nonresidential districts.
(a)
Off-street parking areas are restricted to the rear yard, unless otherwise approved for the side yard by the Planning Board in the event that rear yard parking cannot be accommodated. Off-street parking areas shall not be located within any front yard.
(b)
Decks, patios, and terraces, when associated with a legal outdoor seating or assembly area.
(c)
Detached garage, but only in the rear yard and not less than 10 feet from the principle structure.
(d)
Dish antennas two meters or less in diameter located in the rear yard in any commercial district.
(e)
Freestanding radio antennas located in the rear yard.
(f)
Parking lots and parking areas, including electrical vehicle charging stations, subject to the provisions of off-street parking area in this chapter.
(g)
Solar energy systems located in the rear yard.
(h)
Green infrastructure techniques, such as rain barrels, rain gardens, or bioswales.
(i)
Walkup service windows facing any public right-of-way when accessory to a permitted retail sales and service use.
(4)
Prohibited accessory structures and uses.
(a)
No unlicensed and/or inoperable vehicle shall be parked or stored on any residentially zoned property other than within a completely enclosed building.
(b)
The storage of manure or of odor-producing or dust-producing substances as an accessory use shall not be permitted.
(c)
The storage, sale or abandonment of wastepaper, rags, scrap metal, discarded materials or the collecting, dismantling, storage, salvaging or abandonment of machinery or vehicles not in operating condition shall constitute a junkyard, which is a prohibited use and a violation of this chapter.
C.
Adult use and entertainment establishments. All adult use and entertainment establishments within the Village shall be in accordance with Chapter 48 (Adult Use Establishments) of the Village of Scottsville Code, as well as the regulations set forth in this chapter.
D.
Vehicle repair shops and service stations.
(1)
Motor vehicle repair garages shall not be used for the storage, sale, rental or display of automobiles, trucks, trailers, recreational vehicles, boats, snowmobiles or other vehicles unless otherwise approved by the Planning Board and in compliance with Subsection E (Vehicle sales).
(2)
All maintenance, service, and repairs of motor vehicles shall be performed fully within an enclosed structure. No motor vehicle parts, partially dismantled motor vehicles, or unlicensed motor vehicles shall be stored outside of an enclosed structure for more than 48 hours.
(3)
No outdoor storage of materials, merchandise and equipment shall be permitted during nonbusiness hours.
(4)
The entire site area that is traveled by motor vehicles shall be hard-surfaced (i.e., asphalt, concrete, or any other surface that does not release dust or debris).
(5)
A spill-prevention plan shall be provided.
(6)
Any such use shall be buffered from adjacent uses by no less than 10 feet. The buffer area shall minimally consist either of fencing, evergreen shrubbery, coniferous trees, or any combination thereof that prevents the unwanted transmission of headlight glare across the property line.
(7)
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.
E.
Vehicle sales.
(1)
No repairs, other than minor repairs, shall be performed on the premises. All maintenance, service, and repairs of motor vehicles shall be performed within an enclosed structure. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed structure or screened area.
(2)
No vehicles shall be displayed for sale within 10 feet of any property line that abuts a nonresidential district. No vehicles shall be displayed for sale within 30 feet of any property line that abuts a residential district.
(3)
Perimeter landscaping shall be a minimum of 10 feet in width along the street frontage(s).
(4)
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.
(5)
The retail sales of fuel shall not be permitted.
F.
Bed-and-breakfasts. In order to protect the residential character of the district in which it is located, a bed-and-breakfast facility shall be limited by the following criteria and/or any other conditions as determined by the Planning Board:
(1)
A bed-and-breakfast shall only be permitted as a specified use in a detached one-family dwelling.
(2)
The residential character of the dwelling shall be preserved and no structural alterations, construction features, or site features of a nonresidential nature shall be incorporated.
(3)
The owner/operator of the bed-and-breakfast shall live full-time on the premises.
(4)
A maximum of two nonresidents of the premises shall be engaged as employees of the operation.
(5)
A bed-and-breakfast shall have no more than two guest rooms sharing a single bath.
(6)
The maximum length of stay for any guest is 14 consecutive days.
(7)
Off-street parking areas shall be located in the rear yard, unless otherwise approved by the Planning Board. Screening of said parking area shall be provided to the satisfaction of the Planning Board.
G.
Car wash.
(1)
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
(2)
Storage area for vehicles waiting for service shall be provided on site and shall not occur on a public street or highway. Not more than five motor vehicles shall be stored outdoors overnight.
(3)
Where gasoline stations are either a principal use with or an accessory use to the car wash, the requirements of the gasoline station shall also be adhered to.
(4)
Outdoor storage and display of accessories, portable signs and outdoor repair work shall be prohibited at all times. Premises shall not be used for the sale, rent or display of automobiles, trailers, recreational vehicles, boats or other vehicles.
H.
Drive-through facilities. Drive-through facilities may be allowed as stand-alone facilities or as an accessory use to "fast food" restaurants, pharmacies, banks, and other permitted or specially permitted uses, provided such facilities comply with the following regulations:
(1)
No drive-through facility shall be permitted in any residential district or the Central Business District;
(2)
Each drive-through facility and its associated use shall provide ingress and egress so as to minimize traffic congestion;
(3)
Drive-through facilities, including any protective canopies, signage, drive-through travel lanes, or other associated elements, shall meet the setback requirements for the property;
(4)
Drive-through facilities with an amplified audio/visual system shall be set back a minimum of 30 feet from the property line. These facilities shall not be located adjacent to residential uses or districts; and
(5)
Stacking space for these facilities shall not impede on- or off-site traffic movements. The stacking space shall be delineated from other internal areas through the use of pavement markings that are identifiable during all seasons. The minimum numbers of stacking or queuing spaces required by drive-through activity type are provided below.
Drive-Through Minimum Stacking Requirements | ||
|---|---|---|
Activity Type | Spaces | Measured From |
Automated teller machine | 3 | Teller or window |
Bank teller lane | 4 | Teller or window |
Car wash stall, automatic | 9 | Entrance |
Car wash stall, self-service | 3 | Entrance |
Gasoline pump island | 2 | Pump island |
Oil change and quick lube | 3 | Per bay |
Pharmacy | 4 | Window |
Restaurant drive-through | 6 | Order box |
Restaurant drive-through | 4 | Order box to pickup window |
Other | Determined by Planning Board | |
I.
Funeral home.
(1)
Necessary safety lighting of driveways, structures and grounds shall be permitted in keeping with the same constraints noted for signs and general lighting.
(2)
Parking or similar service areas shall not be permitted in any front yard and shall be at least 20 feet from any property line in side and rear yards. Such area shall be screened from the view of persons on adjacent properties.
J.
Gasoline station.
(1)
No such use shall have an entrance or exit for vehicles within 500 feet, as measured along the public street, in which there exists a school, public playground, church, chapel, convent, hospital, public library, or similar place of public assembly, and such access shall be not closer to any intersection than 125 feet.
(2)
All exterior pumps, lubricating and other devices shall be located at least 25 feet from any building, structure or street line.
(3)
Entrance or exit driveways shall be located at least five feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.
(4)
Any area devoted to the temporary storage of motor vehicles or parts thereof or to purposes of dismantling shall be screened from view of persons of adjacent streets and properties by enclosing such area within a solid fence eight feet high, or such area shall be located inside a building. Not more than five motor vehicles shall be stored overnight.
(5)
Outdoor storage shall be prohibited at all times. Premises shall not be used for the sale, rent or display of automobiles, trailers, recreational vehicles, boats or other vehicles.
K.
Home occupations. The purpose of regulating home occupations is to allow home office or small business development within homes of a residential neighborhood, while still preserving the value and character of the existing residential properties. Operation of a home occupation shall be limited by the following criteria:
(1)
Permitted home occupations include, but shall not be limited to, the following uses: lawyer, accountant, author, doctor, engineer, dentist, architect, consultant, realtor, insurance agent/broker, counselor, artist, photographer, teacher, tutor, beautician, barber, tailor, dressmaker, and repair person.
(2)
The home occupation shall be owned and operated by the full-time resident(s) of the dwelling and shall operate wholly within the principal building.
(3)
A maximum of two nonresidents of the premises shall be engaged as employees of the operation, provided there is sufficient space to adequately meet off-street parking requirements without negatively impacting the residential character of the structure or neighborhood.
(4)
A home occupation must be clearly incidental and secondary to the use of the residential dwelling and shall be permitted to occupy no more than 30% of the residence.
(5)
The operation of a home occupation shall in no way change or alter the residential appearance or character of the premises or neighborhood in which it is located. Any modifications to the interior or exterior of the residence shall be in compliance with the New York State Uniform Code.
(6)
Under no circumstances shall a home occupation expand a nonconforming use or use granted by a variance.
(7)
There shall be no exterior display or storage of materials, good, supplies, or equipment related to the operation of the home occupation.
(8)
No home occupation shall be conducted in such a manner as to produce noise, dust, vibration, glare, smoke, or smell, electrical, magnetic or other interference, fire hazard, or any other nuisance not typically found in a residential neighborhood.
(9)
Activity involving on-site retail sales is prohibited, except the sale of items that are incidental to a permitted home occupation.
(10)
Deliveries on residential streets shall be permitted by two-axle vehicles only.
(11)
The quantity and type of solid waste and its disposal shall be the same as that of any other permitted residential use.
L.
Multifamily dwellings, new construction. Development applications for newly constructed multifamily, including two-family, dwelling units shall be subject to site plan review by the Planning Board in accordance with this chapter. In addition to the landscaping, signage, lighting, and parking regulations of this chapter, newly constructed multifamily dwellings are subject to the following specified use requirements:
(1)
All dwelling units and structures shall comply with the standards set forth in the New York State Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.
(2)
Driveways for ingress and egress shall be as required by the Planning Board.
(3)
There may not be fewer than two and not more than eight units in a single-, two-, or multifamily attached dwelling group. The maximum length of attached structures shall not exceed 150 feet.
(4)
Building setbacks.
(a)
The minimum side and rear setbacks for any multifamily development within a commercial district shall be 30 feet.
(b)
The front or rear of any building shall be no closer to the front or rear of any other building than 40 feet.
(c)
The side of any building shall be no closer to the side, front or rear of any other building than 30 feet.
(5)
Spacing between buildings and driveways. In the case of an enclosed garage or carport provided as a portion to the main structure, distance requirements for driveways providing access to these accommodations shall not apply.
(6)
Buildings shall not have large or long continuous wall or roof planes. Varied roof heights, projecting bays, gables, recesses, and porches shall be used to visually divide larger buildings to produce a scale that is visually compatible with the Village's distinctive aesthetic character. To prevent an out-of-scale, monolithic appearance, larger buildings shall be visually divided into smaller sections no longer than 50 feet in length by gaps, recesses, or other architectural devices in such a way that adjacent buildings and facades define a continuous street wall and the public realm of the street.
(7)
Multifamily buildings shall be laid out so that multiple entrances face the street. Each entrance shall be connected by sidewalk to the Village's public sidewalk system. Garage entrance/exit doors are prohibited on the front facade of buildings.
(8)
Accessory structures, such as clubhouses, pools, pool buildings, storage buildings, and trash enclosures, shall be located in a manner that does not disturb or encroach upon the public realm of the site (pedestrian walkways, roadways, etc.).
(9)
Parking areas may be located in any yard other than the front yard, but no closer than 20 feet from any property line and shall comply with all other regulations of the district in which the use is located.
(10)
Each multifamily dwelling development shall provide a shared recreation area(s) at a minimum of 500 square feet for each unit. Each such recreation area shall be developed with both passive and active recreation facilities, including the installation of appropriate playground or leisure equipment.
(11)
Stairways to upper floors shall be located inside the building.
(12)
Unroofed handicap ramps shall be placed in the side or rear yard and shall maintain an eight-foot setback from the respective street or property line.
M.
Multifamily dwellings, by conversion. The conversion of an existing one-family residential building to a multifamily, including two-family, dwelling is subject to site plan review by the Planning Board in accordance with this chapter. Any such conversion shall be required to comply with the following regulations:
(1)
All dwelling units and structures resulting from conversion shall comply with the standards set forth in the New York State Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.
(2)
No dwelling unit conversion shall be permitted in a structure with less than 2,400 square feet of gross floor area.
(3)
No dwelling unit conversion shall be permitted which results in more than four bedrooms. Each dwelling unit shall meet the minimum habitable floor area required below.
Minimum Unit Size Requirements | |
|---|---|
Number of Bedrooms | Unit Size (square feet) |
Zero to one | 650 |
Two | 800 |
Three | 950 |
Four | 1,100 |
(4)
Any alterations made to the exterior of the building due to the unit conversion shall be completed in such a way to preserve the one-family residential character of said building.
(5)
No dwelling unit conversion shall be permitted unless the dwelling, following such conversion, complies with all off-street parking and loading regulations required by § 170-27.
(6)
Conversion of existing buildings to decrease the number of dwelling units requires alterations or modifications to ensure the discontinued dwelling unit is permanently and fully integrated into a legal dwelling unit with unimpeded access throughout the legal unit.
(7)
The integration of a discontinued dwelling unit shall be further evidenced by the removal of those appurtenances that previously supported the discontinued dwelling unit and may include the removal of the kitchen (including appliances, cupboards, plumbing, utility connections, etc.) and utility meters, in excess of one meter per dwelling unit, except in the case of two or more dwelling units where an additional house meter may be permitted.
(8)
Dwelling unit conversions that do not meet the previous requirements may be permitted only upon approval of an application for an area variance in accordance with the Village Code.
N.
Nursery school.
(1)
All buildings, structures and areas of organized activity, such as play areas, swimming pools, etc., shall be not less than 75 feet from any property line.
(2)
Off-street parking areas shall be not less than 50 feet from any property line.
(3)
Only one permanent family dwelling unit shall be located on the premises, and said dwelling unit shall comply with the provisions of this chapter for the residential district in which the lot is located or, where it is located in a nonresidential district, it shall comply with the provisions of the R1-16 District.
(4)
Outdoor floodlighting or public-address systems are prohibited.
(5)
Landscaping and fencing shall be provided as required by the Planning Board.
O.
Outdoor recreation facility.
(1)
All driveways, parking areas and structures shall be located at least 100 feet from any residential district boundary.
(2)
No such use or its lot shall be located within 500 feet of any existing or proposed church, school, library, playground or similar place of public assembly.
(3)
Outdoor floodlighting shall be limited to a height, intensity and coverage such that it will not have an impact on neighboring properties, the boundary highway or the general area.
(4)
No public-address system shall be used outside of an enclosed building, and its sound shall not be audible beyond the limits of the lot.
(5)
All driveways, parking areas, structures and activity areas shall be landscaped to the satisfaction of the Planning Board to ensure that they are compatible with surrounding land uses, existing and future, including adequate transitional yards with plantings and/or fences when abutting residential districts.
P.
Outdoor sales and display.
(1)
The following requirements shall apply to all commercial operations regardless of the district in which they are located:
(a)
The display area shall not exceed 10% of the gross floor area of the primary structure;
(b)
The display area shall not block vehicular traffic, private sidewalks, fire lanes, or other travel lanes;
(c)
Such displays shall be allowed adjacent to a principal building wall and extending to a distance no greater than five feet from the wall;
(d)
Such displays shall not be permitted to block windows, entrances or exits and shall not impair the ability of pedestrians to use the building; and
(e)
The items for display are for sale and said area is not used for storage purposes.
(2)
Personal garage, lawn, yard, or rummage sales shall be allowed without a permit provided that no more than three such sales are held on a single property in any twelve-month period for a maximum duration of no more than seven days, with a minimum of seven days between the ending of a sale and the beginning of a new sale. At the end of a sale, all items that are for sale shall be moved so as not to be visible from the public right-of-way.
Q.
Outdoor storage. Outdoor storage shall be allowed only in nonresidential districts and shall be subject to the following requirements. This section does not affect the storage of trailers, motor homes, recreational vehicles, and watercraft or enclosed storage structures such as sheds in residential districts.
(1)
Central Business District.
(a)
Outdoor storage shall not be allowed in the front yard;
(b)
Outdoor storage shall not occupy more than 10% of the entire lot area;
(c)
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses;
(d)
Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public accessways; and
(e)
All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.
(2)
General commercial and industrial districts.
(a)
Outdoor storage shall not be allowed in the front yard setback;
(b)
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses;
(c)
Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public accessways;
(d)
All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times; and
(e)
Contractor material and equipment storage must be a minimum of 200 feet from a residential district.
R.
Planned residential development. The purpose of a planned residential development (PRD) is to foster diverse, compact residential development pattern that that is sensitive to the environmental characteristics of the land and supports the goals and objectives contained in the Village's Master Plan. It is the intent of a PRD to integrate a diversity of residential uses and supporting uses within close proximity to each other.
(1)
A PRD is designed to ensure the development of land within the Village as a traditional neighborhood. Its design adopts the traditional neighborhood development patterns that were common in the United States from early to mid-20th century. The use of a PRD should accomplish the following objectives:
(a)
Establish neighborhoods that are limited in size and oriented toward pedestrian activity;
(b)
Provide a variety of housing types with access to community services and facilities;
(c)
Ensure residences, public and semipublic uses, and civic buildings are interwoven within the neighborhood all within close proximity to each other;
(d)
Create network of interconnecting streets and blocks that maintains respect for the natural landscape;
(e)
Ensure natural features and undisturbed areas are incorporated into the open space of the neighborhood;
(f)
Establish a coordinated transportation system with a hierarchy of appropriately designed facilities for pedestrians, bicycles, public transit, and motor vehicles;
(g)
Develop well-configured squares, plazas, greens, landscaped streets, preserves, greenbelts, and parks that are woven into the pattern of the neighborhood and dedicated to the social interaction, recreation, and visual enjoyment of the residents;
(h)
Design civic buildings, open spaces, and other visual features to act as landmarks, symbols, and focal points for community identity;
(i)
Foster the compatibility of buildings and other improvements through their arrangement, bulk, form, character, and landscaping;
(j)
Ensure that private buildings form a consistent, distinct edge and define the border between the public street space and the private block interior; and
(k)
Design the public and private realms using architecture, landscaping and other elements that respond to the unique character of the region.
(2)
Regulations and procedures.
(a)
A PRD may be located in a residential, commercial, or industrial zoning district.
(b)
A PRD shall contain an area of not less than two contiguous acres. If the property is separated by a public roadway or right-of-way, the PRD shall be a minimum of three acres. No land shall be designated for a PRD if it is too small, too narrow in width, too irregular in shape or with topography too excessive to be planned and developed in a manner consistent with the purpose and objectives of the PRD. The Planning Board may recommend the waiver of this minimum if it is found that the proposed development is in accordance with the Village Master Plan.
(c)
The application of a PRD use is subject to the site plan review process (§ 170-62) and Planning Board approval.
(d)
An overall development plan shall be presented to the Planning Board showing the use or uses proposed, including dimensions indicating the areas set aside for each use, and the locations of all structures, landscaping, signage, lighting, parking spaces, rights-of-way, driveways, and the provisions for sewer and water service facilities.
(e)
Unless otherwise listed in this section, the proposed PRD shall comply with all other applicable requirements of the Village with respect to land developments, including, but not limited to, signage, parking, screening, landscaping, and building and site design.
(3)
Permitted uses. Uses permitted within the PRD include those listed as part of the residential district section of Article III. The least restrictive residential district's permitted and specially permitted use regulations shall apply unless otherwise approved by the Planning Board.
(4)
Dimensional and bulk requirements. The dimensional and bulk requirements of the PRD include those listed as part of the residential district section of Article III. The least restrictive residential district's dimensional and bulk requirements shall apply unless otherwise approved by the Planning Board.
(5)
Open space. At least 25% of the proposed PRD site shall be preserved or maintained as open space for passive and/or active recreational use by the general public. This space may be broken up to provide a variety of public recreation areas, including, but not limited to, public courtyards, trails, paths, gardens, and playgrounds. No recreation area shall contain less than 5,000 square feet. A maintenance agreement must be submitted to and approved by the Planning Board to ensure proper care of any and all open and recreation spaces upon completion.
S.
Planned Industrial Park.
(1)
The site area shall be not less than four acres.
(2)
Individual sites resulting from subdivision or from leasing arrangements may average 80,000 square feet each, provided that no site of less than 80,000 square feet may be located within 400 feet of the park's boundary, and further that no site shall be less than 20,000 square feet.
(3)
If the proposed park is not subject to the subdivision regulation as a result of common ownership, it shall be approved in a similar manner by the Planning Board and meet the same standards for design and public improvements.
T.
Public utility structure, right-of-way, etc.
(1)
Such facility shall be necessary to serve the surrounding community.
(2)
Such facility shall not include a business office, repair service or any storage.
(3)
The site shall be so located and of such size that the use may be so screened that it shall be compatible with existing and future uses surrounding the site.
(4)
All primary and accessory structures or equipment, exclusive of transmission lines, shall be set back at least 50 feet from all property lines.
(5)
Appropriate landscape screening and fencing shall be installed to the satisfaction of the Planning Board to ensure that the facility shall be compatible with adjacent land uses and to protect the equipment.
U.
Storage of fuel or other liquids in tanks.
(2)
The recommendation of the local Fire Chief having jurisdiction shall also be considered prior to approval of such a use.
(3)
All such uses shall be located on sites large enough to contain the impact of any potential accident that might result from their existence without damage to adjacent properties.
V.
Swimming pools. A pool shall be located on the premises of the owner in accordance with the structural setbacks set up in this chapter for the district in which the pool is to be located. The safety fence is to be considered part of the pool. In the case of portable or collapsible-type pools, if dismantled and subsequently reassembled, the pool must be reinstalled in compliance with the original permit.
(1)
Fencing. Pools shall be enclosed as provided in the New York State Uniform Fire Prevention and Building Code, Parts 720 and 744.
(2)
Sanitation and filtration.
(3)
Plumbing, drainage, water supply and electrical.
(a)
Piping may be of copper with a minimum thickness of Type L copper tubing, brass or plastic. All work must conform to the New York State Plumbing Code. Work may be done by the pool owner. All work must be inspected by the Code Enforcement Officer before the pool is filled.
(b)
Wastewater may be dumped into storm drains or a dry well may be constructed having sufficient capacity to handle all drainage. Where there is a sanitary sewage system, it may be used for disposal of other than backwash water only with special permission of the appropriate agency and/or the Superintendent of Public Works.
(c)
Public water supply must not be connected directly to the pool.
(d)
All electrical work shall comply with the National Board of Fire Underwriters or other qualified inspection agency approved by the Village.
(e)
All electrical work shall be inspected by the National Board of Fire Underwriters or other qualified inspection agency approved by the Village. This must be done before the pool is filled.
(f)
Lighting shall not be used which would become objectionable to the surrounding property owners.
(g)
The filter system and associated necessary switching shall be considered part of the electrical system.
(4)
Public pools.
(a)
An owner of a public pool is required to post adequate bond set by the municipal legislative body to ensure proper upkeep and maintenance of the pool and the immediate area.
(b)
Public pools shall meet all the requirements set forth in this chapter for private pools.
(c)
Public pools shall be provided with adequate Red Cross lifeguards and lifesaving equipment when in use.
(d)
A renewal permit shall be issued each year by the Code Enforcement Officer.
(5)
Maintenance.
(a)
It is the pool owner's responsibility to maintain the pool in a safe and sanitary condition. Damage caused by the pool contents or occupants is the owner's responsibility.
(b)
The Code Enforcement Officer shall, at his or her discretion, inspect the pool and file a report with the municipal legislative body. If the pool is maintained below the standards as outlined in this chapter, the municipal legislative body shall notify the owner, in writing, to bring the pool up to the standards of appearance and safety consistent with the best interest of the community. If the owner fails to take remedial action within 10 days of receipt of such notice, he or she shall be in violation of this chapter and subject to penalties noted in § 170-67.
(6)
Application for permit. Each application for a swimming pool permit shall be submitted to the Code Enforcement Officer, accompanied with the following:
(a)
Permit fee.
(b)
Plot plan; dimensioned.
(c)
Pool dimensions, depth and the volume of water in gallons.
(d)
Type and size of filter system, filtration and backwash.
(e)
Pool pump capacity and the pressure or head at filter and backwash flows.
(f)
Waste disposal system plan; dimensioned.
(g)
Certified check, in an amount set forth from time to time by resolution of the Board of Trustees, which shall be issued by the installer of the pool. The Code Enforcement Officer shall hold the check until he or she receives verification that plumbing and electrical inspections have been completed, at which time the check will be returned.
W.
Temporary storage units. The following regulation has been adopted to ensure that placement of enclosed temporary storage units does not negatively impact the residential character of the neighborhoods in which they are placed, as well as to promote the health, safety, and welfare of the Village of Scottsville.
(1)
It shall be unlawful for any person or entity to place or permit the placement of an enclosed temporary storage unit on property located within any residential zoning district that does not meet the requirements of this section.
(2)
Units shall only be placed in the driveway, or if access exists, at the side or rear of the lot. The unit may not be placed in the front yard.
(3)
Units may not be placed on lots with no principal building or residential unit.
(4)
Units shall be set back at least five feet from any lot line and five feet from any structure. Approval from the Code Enforcement Office shall be required if there is no driveway on the lot or the location is on a corner lot.
(5)
Placement may not limit visibility of vehicles or pedestrians and must be in accordance with § 170-23 (Clear sight triangle).
(6)
Only one enclosed temporary storage unit may be placed upon any residential lot at one time.
(7)
Units shall not have a footprint exceeding 130 square feet or a height of more than eight feet.
(8)
The enclosed temporary storage unit shall be located at such address for a maximum of 30 consecutive days, including the days of delivery and removal. The Code Enforcement Officer may extend the siting of such storage unit 30 days upon request and approval.
(9)
The enclosed temporary storage unit shall be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
(10)
Solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than that at the residential property where the enclosed temporary storage unit is located or any other illegal or hazardous material or use is prohibited.
(11)
Dumpsters actively being used for ongoing residential construction purposes are exempt from this section.
(12)
Upon reasonable notice to the property owner, the Code Enforcement Officer may inspect the contents of any enclosed temporary storage unit at any reasonable time to ensure that it is not being used in a manner prohibited by this chapter.