South Waverly City Zoning Code
ARTICLE XII
General Provisions
§ 500-68 Off-street parking and loading for commercial and multifamily residential.
A.
All parking and loading areas shall be hard-surfaced. For purposes of this chapter, "hard-surfaced" is defined as gravel, shale, concrete, stone, macadam, or amacite. All nonresidential parking areas and areas of six or more spaces shall be properly lighted. Lighting shall be designed so that glare and excessive brightness do not project beyond the parking or loading areas. Parking spaces shall be at least 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto. Parking requirements may be met by consolidated parking facilities, provided that the spaces serving the uses are not more than 500 feet from the entrance to business uses or 300 feet from the entrance of residential uses.
B.
Loading areas shall be at least 15 feet by 30 feet, with a height of at least 14 feet.
C.
Surface water shall not be discharged onto public walks, streets or other premises. Bumper guards or curbs shall be provided to define spaces and prevent intrusion of vehicles into required yard areas.
D.
Parking requirements shall be as follows:
Off-Street Parking Schedule | |
|---|---|
Use | Number of Parking Spaces Required |
Assembly | 1 per 300 gross square feet of building |
Dwelling unit | 2 per dwelling unit |
Health club | 1 per 100 gross square feet of building |
Hotel/motel | 1 per guest room, plus 1 per 500 square feet of common area |
Industry | 1 per 500 square feet |
Medical office | 1 per 200 gross square feet |
Office | 1 per 300 gross square feet |
Restaurant | 1 per 100 gross square feet |
Retail | 1 per 200 gross square feet |
School | 1 per 3.5 seats in assembly rooms, plus 1 per faculty member |
Warehouse | 1 per 500 gross square feet |
NOTES: | |
* | If not specifically listed, it will be the category most appropriate for the use of the property. |
§ 500-69 Mobile home parks.
[Amended 1-6-2020 by Ord. No. 1-6-2020]
A.
Federal Housing Administration minimum property requirements.
(1)
Mobile home parks or trailer parks may be permitted as a special use in the Agricultural District in accordance with the provisions of this chapter, provided that such courts shall comply with all of the minimum property requirements established by the Federal Housing Administration for mobile home parks.
(2)
Before a zoning permit for a mobile home park is authorized by the Zoning Hearing Board, the applicant for said mobile home park shall first comply with the procedure established in said minimum property requirements by submitting to the Planning Commission four copies of the preliminary and final drawings and exhibits as specified within the Federal Housing Administration's minimum property requirements.
B.
Supplementary requirements. The following provisions shall supplement the requirements of the Federal Housing Administration's minimum property requirements:
(1)
No mobile home park shall be developed on a zone less than five acres in size.
(2)
Individual mobile home lots located in a mobile home park shall contain at least 3,000 square feet of lot area.
(3)
No mobile home shall be located closer than 50 feet to any property line defining the external boundary of the court.
(4)
The minimum side clearance between any two adjacent mobile homes shall be 20 feet.
(5)
Roadway or area lighting shall be reflected away from adjoining properties.
(6)
The sale of mobile homes from a dealer within the mobile court shall be prohibited.
(7)
Individual tenants at the mobile home park may construct attached enclosures to individual mobile homes, provided that such enclosures do not exceed 50% of the floor area of the mobile home. Individual zoning permits shall be required for each enclosure in each case.
§ 500-70 Fences.
A.
Approval required.
(1)
No fence, wall or other type of construction shall be erected without first being approved by the Code Enforcement Officer.
(2)
Issuance of permit. Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Code Enforcement Officer on a form provided by the Code Enforcement Officer. Said application shall be accompanied by a plan or sketch showing the proposed location of any fence and the materials proposed to be used therein, which must be in accordance with this chapter and any other pertinent local law regulating construction within the Borough and be accompanied by a permit fee as adopted by the Borough. Upon approval by the Code Enforcement Officer, a permit shall be issued which will be in effect for a period of 12 months after the date therein, unless the Code Enforcement Officer extends the permit. Said permit shall be available on the job during the progress of work so that it may be inspected by the Code Enforcement Officer.
B.
Height limitations.
[Amended 10-3-2016 by Ord. No. 10-3-16-02]
(1)
Front yards. No fence shall be higher than 48 inches in any front yard and on corner lots on the front yard and the side yard to the rear of the principal building.
(a)
Except in the Industrial Districts, the fences for industrial uses may be 96 inches (eight feet) around the facility, provided that they are off set three feet from any sidewalk, driveway opening, or at any street intersection in order to provide for visibility for pedestrian and vehicular traffic. Said fence shall consist of chain link fence and shall not have slats in the areas that would obstruct the visibility referred to above.
(2)
Side yards and rear yards. No fence shall be more than six feet in height in the area where the fence abuts a neighbor's property line and will obstruct the ventilation and fire access of a neighboring residential structure.
(a)
Except in the Industrial Districts, the fences for industrial uses may be 96 inches (eight feet) around the facility, provided that they are off set three feet from any sidewalk, driveway opening, or at any street intersection in order to provide for visibility for pedestrian and vehicular traffic. Said fence shall consist of chain link fence and shall not have privacy slats in the areas that would obstruct the visibility referred to above.
C.
Location restrictions.
(1)
Any fence erected under this chapter shall be placed at least three feet back from any neighboring residential structure.
(2)
Any fence facing a residence shall have its most pleasant or decorative side facing the neighboring residence, with all posts and supports being on the side of the fence opposite the neighboring residence, unless such posts or supports are an integral part of the decorative design of the fence.
D.
Materials and composition.
(1)
Any fence, wall or similar structure, which unduly cuts off light or air or which may cause a nuisance, a fire hazard or a dangerous condition, is herby expressly prohibited. No solid fence shall be constructed or maintained in a manner which shall impede or otherwise obstruct access to the rear or sides of the building for emergency equipment such as firefighting equipment, etc.
(2)
The following fences and fencing materials are specifically prohibited:
(3)
All chain link fences erected shall be erected with the closed loop at the top of the fence.
(4)
All entrances or gates shall open onto the property.
(5)
All fences or wall must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with the visibility of vehicular or pedestrian traffic.
E.
Fencing requirements for swimming pools shall comply with the Uniform Construction Code.
[Amended 1-6-2020 by Ord. No. 1-6-2020]
§ 500-71 Home occupations.
A.
Intent. The purpose of these provisions is to allow for home occupations which are compatible with the neighborhoods in which they are allowed.
B.
Permitted home occupation professions shall be as follows:
(1)
Licensed architect.
(2)
Licensed landscape architect.
(3)
Attorney.
(4)
Instructor in musical instruments when teaching only one or two students at one time.
(5)
Licensed physician or surgeon, osteopath, dentist or other medical practitioner.
(6)
Licensed professional engineer.
(7)
Licensed land surveyor.
(8)
Artist.
(9)
Tutor dealing with individual students.
(10)
Accountant.
(11)
Tax preparer.
(12)
Such other professions that the Zoning Board finds appropriate for the zoned district.
C.
Permitted home occupations shall be as follows:
(1)
Custom dressmaking; millinery.
(2)
Home baking, with customary domestic equipment, for sale off the premises.
(3)
Hairdresser.
(4)
Barber.
(5)
Telephone answering service.
(6)
Care of not more than three nonresident children.
(7)
Real estate sales.
(8)
Home-based retail or wholesale sales operation with no sales on the premises.
(9)
Conduct of an elected public office when permitted by the Borough.
D.
Home-based occupations; conditions. The Code Enforcement Officer may, upon application, permit a home based business in any residence, subject to the applicant's ability to provide reasonable evidence that all the following conditions will be met:
(1)
The occupation will be conducted entirely within a dwelling or existing accessory structure.
(2)
The occupation is clearly incidental and secondary to the principal use of the dwelling.
(3)
The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved.
(4)
No more than one person, other than members of the immediate family residing on the premises, may be employed.
(5)
Not more than 25% of the floor area of one story of the dwelling is devoted to such home occupation.
(6)
No stock-in-trade is kept or commodities sold other than incidental supplies necessary for or consumed in the conduct of such home occupation.
(7)
No storage or display of materials, good, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
(8)
No mechanical equipment is used except such as may be used for domestic or household purposes (or as deemed similar as to power and type).
(9)
Such occupation shall not require internal or external alteration or invoke construction features not customarily in a dwelling (not to exceed two students at one time).
(10)
The use shall not generate noise, vibrations, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district.
(11)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
E.
A home occupation will automatically terminate when the individual or individuals who practice the home occupation no longer reside in the residence.
§ 500-72 Reduction conversion.
A reduction conversion is when the owner or occupant of real property, residential or commercial, reduces the number of units in the structure.
A.
Prior to a reduction conversion, the owner shall apply for a preliminary/final reduction conversion permit from the Code Enforcement Officer.
B.
In order to be eligible for the reduction conversion permit, the following shall apply.
(1)
On the basis of a preliminary reduction conversion permit, the applicant shall remove all of the excess electric meters, gas meters and water meters consistent with the proposed use of the building, subject to the Code Enforcement Officer's inspection.
(2)
Upon completion of the final inspection of the removal of said utility meters, the Code Enforcement Officer shall issue a final reduction conversion certificate.
(3)
Included on the reduction conversion application, the applicant shall sign an affidavit that he or she will not increase the number of units without reapplication for a building permit/zoning permit.
(4)
The Code Enforcement Officer shall give a copy of the final reduction conversion certificate to the Borough Manager or appropriate representative for adjustment of the sewer bill.
(5)
The date of the final reduction conversion certificate shall be the date of adjustment of the sewer charges.
(6)
A property owner converting to a reduced number of units shall be deemed to abandon said prior use after 12 months, and the property shall no longer retain the use status for the prior additional units that have been removed. If required under this chapter, any future conversion to expand would require Zoning Hearing Board approval.
§ 500-73 Existing lots.
Where the owner of a lot at the time of the adoption of this chapter or his successors in title thereto does not own sufficient contiguous land to enable him to conform to the required dimensions in this chapter, such lot may be used as a lot of any purpose permitted in the zone, provided that the minimum area requirement for such lot shall be 10,000 square feet of lot size and 100 feet of lot width, the minimum side yard area for any building shall be no less than 10 feet, and all other regulations prescribed for the zone by this chapter are complied with.
§ 500-74 Yard requirements.
A.
Yards facing on a public street. All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which they are located. The mailing address shall be the front yard for corner lots.
B.
Open storage. No front yard shall be used for open storage of boats, trucks, recreational vehicles, automobiles or motorized vehicles, for vehicular parking or for driveways. Front yard parking space is prohibited. No front yard shall be paved or have the grass area removed for purposes of parking, etc., unless the paved area or nongrass area leads to a side or rear area garage.
C.
Irregularly shaped lots. In the case of irregularly shaped lots, the minimum width of the rear property line may be reduced to not less than 50% of the minimum lot width requirement, provided that the front property line meets the minimum lot width requirement and the lot meets minimum lot area requirements.
D.
Pronounced alignment of buildings. Wherever there is pronounced alignment of buildings in the depth of front yards on one side of a street within a given block and said alignment existed at the time of enactment of this chapter, any new buildings erected on such side of such street within such block shall conform in alignment to those on adjoining lots, notwithstanding the front yard requirements set forth in this chapter.
E.
Projections into yards. Projections into required yards shall be permitted, provided that no such structure is located closer than three feet to any side or rear lot line or 10 feet to any front lot line. Projections permitted are as follows: cornices, canopies, eaves or other architectural features not required for structural support. Permitted projections also include fire escapes, balconies, bay windows and chimneys.
F.
Obstructions to vision.
(1)
Walls, fences, signs or other structures shall not be erected or altered, and hedges, trees or other growth shall not be planted or maintained, which may cause danger to traffic on streets or roads by obstructing the view, except for utility poles and street signs.
(2)
A clear-sight triangle of 30 feet, measured along the street lines of intersecting streets, shall be maintained, within which such structures or plantings shall be limited to a height of not more than 30 inches or less than 10 feet above the street grade, except the trunks of street trees or other ornamental trees whose foliage is kept trimmed to a height of more than 10 feet above the street grade.
§ 500-75 Height limitations.
A.
Exceptions. The height limits of this chapter shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, chimneys, ventilators, silos and similar structures not intended for human occupancy. However, such features shall be erected only to such height as is necessary to accomplish the purpose they are to serve.
B.
Public and quasi-public buildings. Public and quasi-public buildings and other similar permitted uses shall increase the front, rear and side yards by one foot for each foot by which such buildings exceed the height limit herein established for such zone in which they are located, provided that in no case shall any building have a height greater than 50 feet unless explicitly permitted by the schedule of this chapter.
§ 500-76 Group developments.
A group project (housing, commercial, educational, medical or religious) of two or more buildings to be constructed on a parcel of at least two acres in area which will not be subdivided into lots and streets may be constructed, provided that:
§ 500-77 Garage/yard sales.
[Added 7-6-2015 by Ord. No. 07-06-15]
Garage/yard sales are subject the following conditions:
A.
One four-foot square (four feet by four feet) sign or smaller in size shall be allowed on the property, no sooner than seven days prior to the sale, and removed promptly upon the completion of the sale.
B.
The conduct of garage or yard sales beyond the extent described herein represents a commercial or retail business and requires appropriate compliance with those specific standards found within this chapter.
C.
In no case shall any aspect of the garage or yard sale be conducted in the street right-of-way.
D.
Garage and yard sales shall operate between the hours of 8:00 a.m. and 6:00 p.m.
E.
The property owner shall obtain a temporary use permit from the Borough for garage and yard sales in order that the temporary use does not exceed the three-day limit and twice per year. The cost of the permit will be established by resolution of the Borough Council.
F.
There shall be no sale of retail property purchased solely for resale by the property owners/tenants and not for the property owners'/tenants' personal use.
G.
After the sale period has expired, the personal property in the sale must be removed from the outside of the premises, including the yard, driveway, open porches and stored inside an enclosed porch, the dwelling, inside the garage, and/or inside sheds unless the personal property is utilized for a specific purpose on the outside of the residence.
H.
Plastic tarps and open-walled structures without a roof are not considered sheds and will not be allowed for the storage of the personal property after the three-day sale period has expired.
I.
The property owner shall only be allowed a total of two sales per year, whether they are advertised as a garage sale, a yard sale, or a combination garage and yard sale.
J.
The Borough shall require a temporary use permit for each garage sale which will insure that the garage sales do not exceed the three-day limit and are only held twice each year. The initial cost of the temporary use permit shall be free of charge. However, the Borough Council shall establish a fee by resolution if it becomes necessary during the administration of the garage sale program.