Sylvan Beach Village
City Zoning Code
City Zoning Code
ARTICLE VII
General Development Standards
§ 136-43 Bulk storage of combustible or flammable liquids.
All bulk combustible liquids over 400 gallons in residential districts, and 1,000 gallons in all other districts; or flammable liquids over a temporary portable tank storage of 660 gallons, shall be stored underground per the National Fire Protection Association Pamphlet #30. Any aboveground tank installed shall be protected from leaks and/or spills by a double-wall storage tank or proper diking, per the national Fire Protection Association Pamphlet #30. The Code Enforcement Officer shall have discretionary authority to approve larger aboveground storage facilities in accordance with National Fire Protection Association standards. In accordance with the requirements of § 136-47, all tanks installed above ground shall be completely screened from any public right-of-way.
All propane tanks shall be stored underground. Propane tanks that cannot be stored underground require a special use permit issued by the Planning Board.
§ 136-44 Campgrounds.
See Chapter 75 of this Code.
§ 136-45 Commercial building design standards.
Building elevations.
Any facade facing a sidewalk, public right-of-way, public-street, waterway or Public Lands District shall have an active building elevation. Active building elevations shall include windows, building entrances and other architectural features that enhance the pedestrian scale and experience of the building facade. Rear doors, loading docks, and service entries are prohibited along frontages.
New construction shall respect existing building widths by providing a division of the facade into visible building increments no larger than the average width of existing buildings on the block.
Where the street frontage is defined by a continuous building facade, the proposed new building or infill construction shall maintain such continuous facade by building from side lot line to side lot line unless access is required for rear yard parking.
Structures where all building elements are less than 35 feet in height and with walls of more than 1,500 square feet shall incorporate facias, canopies, arcades, building setbacks of three feet or more or other design features to break up large wall surfaces on the street-facing elevations. Wall surfaces shall be visually divided by such features into areas of 750 square feet or less.
All architectural openings, including windows, doorways, and arches, shall be constructed with their height equal to or greater than their width.
Sliding doors and sliding windows are prohibited along frontages.
Building layout.
The front facade and main entrance shall face and parallel the line of a public street and shall have a direct pedestrian connection to the street. Departures from this regular pattern should be allowed only to terminate important vistas along streets or sidewalks or to act as focal points for public spaces.
Trademark buildings, which identify the owner or occupant by a trademarked architectural style, are prohibited. Buildings with advertising icon images detract from the identity of Sylvan Beach.
Franchise operations shall be designed to harmonize with mixed-use areas.
Curb cuts and walkways.
Building materials.
The exterior siding materials and color of accessory structures shall conform to that of the principal structure.
Concrete block, corrugated concrete and "cinder block," T1-11, metal wall surfaces and asbestos are prohibited siding materials.
Treated lumber used in the construction of decks, balconies and porches must be concealed, with the exception of the decking.
Mechanical equipment.
To the maximum extent practical, all roof-mounted and ground-mounted mechanical equipment shall be screened from view or isolated so as not to be visible from any public right-of-way or residential district within 150 feet of the subject lot, measured from a point five feet above grade. Roof screens, when used, shall be coordinated with the building to maintain a unified appearance.
Mechanical equipment and open storage areas shall be screened from public streets, alleys, paths, private streets and abutting lots to a minimum height of six feet. When solid screening is used, the materials shall be compatible with the building.
Awnings.
Application procedure. No awning shall be placed, affixed or attached unless a colored scale drawing thereof shall be approved by the Planning Board.
Encroachment. If any part of any awning encroaches into any air space over Village property, and if such encroachment is permitted by the Village Board of Trustees, the owner of such awning shall execute a hold-harmless agreement upon such forms as provided by the Village and shall also provide to the Village a complete copy of a policy of liability insurance in which the Village is named as an additional insured in the minimum sum of $500,000 per occurrence.
Standards in the Village Center District.
Material. Awnings shall be made of fixed or retractable canvas.
Supports for awnings may be made of wood, metal or other suitable material.
Projection. Awnings shall have a minimum projection of five feet and a maximum projection of seven feet from the building face.
Clearance. Awnings shall have a minimum clearance of seven feet six inches. All measurements of clearance shall be from the ground to the bottom of the awning.
Signs on awnings shall only be located on the leading edge or on the side panels and must be approved by the Planning Board.
Awnings shall not be internally lit or backlit.
Awning colors shall be consistent with those of the building.
Maintenance. All awnings shall be maintained in a good and safe condition. Any awning that is visibly deteriorated shall be removed by the owner of the awning upon written notice from the Zoning Code Enforcement Officer.
§ 136-46 Dumpster and refuse collection areas.
Dumpsters. Dumpsters must be completely screened from view, when visible from any Residential or Public Lands District or public street or walkway, with screening that is at least as tall as the dumpster. This provision shall apply to all dumpsters, including those used for the collection and storage of recyclable materials, whether public or private (maximum eight-foot height).
Refuse collection areas in all districts. Refuse collection areas for multifamily and commercial uses shall be subject to the following:
Refuse areas and similar facilities shall be completely enclosed within a masonry wall or fence that is compatible with the building materials and which shall be at least six feet high on three sides while maintaining a 100% visual blockage on all three sides and a self-closing gate on the fourth side of the same or compatible material with the other sides. All screening shall be maintained in such manner as to present a neat and orderly appearance at all times.
Refuse areas shall have hardened, stabilized surfaces constructed to prevent accumulation of stormwater runoff.
All refuse collection areas shall be at the side or rear of the buildings. All refuse collection areas shall be effectively designed to contain all refuse generated on site and deposited between collections.
Refuse shall not be visible from outside the refuse enclosure.
Refuse collection areas shall be located upon the lot as to provide clear and convenient access by refuse collection vehicles.
§ 136-47 Fences and walls.
The following requirements for fencing and walls apply to all districts in the Village of Sylvan Beach:
Fences on lots with no principal structure. Fences and walls shall require a building permit. Fences are not permitted on lots without a principal structure.
Fence heights.
The height of all fences or walls shall be measured from the average finished grade within two feet of the fence line.
No fence or wall in a residential district shall exceed six feet in height in the side and rear yards.
A fence of 12 feet shall be allowed to enclose a private or public tennis court or public basketball courts.
In no event shall fences or walls in nonresidential districts abutting residential districts exceed six feet in height.
Within residential and commercial districts, no fence or wall, other than a necessary retaining wall, over four feet in height shall extend into the front yard of any lot.
Fence surfaces.
Street intersections. At all street intersections, a clear sight triangle shall be maintained from 30 inches in height and above formed by the street lines on such lot and a line drawn between points along such street right-of-way 20 feet distant from the point of intersection, with the exception of necessary signage or approved landscaping.
Fencing materials. Fences and walls shall be constructed of long-lasting materials and architecturally integrated with the building design and with existing fences/walls on the site, as determined at discretion of the Village Planning Board and Village Codes Enforcement Officer. Unless approved as a condition of approval or in conjunction with another permit, the following limitations apply:
Fences and gates approved for screening, yard containment, swimming pools or decoration purposes in all districts shall be solid wood, solid vinyl, masonry, tubular steel, chain-link or wrought iron. Residential districts may utilize chain-link outside of the required yards, including for fencing approved for screening purposes. Open view fencing is required for construction in front yards.
Barbed wire fencing shall not be constructed or placed on top of a fence in any Village District.
Alternative materials may be approved by the Village Planning Board or Village Codes Enforcement Officer.
Maintenance. Fences and walls shall be continuously maintained in orderly and good condition.
§ 136-48 Off-street loading.
Location of required loading spaces. Loading spaces shall be located on the same lot, or on a directly adjoining lot in the same zoning district, as the building or structure to which they are accessory. No loading space shall be located in any required front yard setback.
Design and maintenance. Every loading space shall be designed, constructed and maintained in accordance with the standards and requirements herein set forth:
Screening.
Sufficient screening shall be provided along all lot lines abutting any residentially zoned or developed property to buffer the residential use from all operations, materials and vehicles within any loading space.
Loading areas accessory to commercial uses, shopping centers or planned business developments shall be located and screened from public view.
Design standards.
Each loading space shall have the following minimum dimensions, in feet, except for those spaces approved by the Code Enforcement Officer after site plan review:
Type | Width | Length | Height |
|---|---|---|---|
Tractor-trailer | 12 | 55 | 14 |
Other | 12 | 35 | 14 |
Loading spaces shall be designed and arranged to provide access to a street or alley in a manner that shall create the least possible interference with traffic movement. Access to and from the right-of-way to the loading spaces shall be referred to the Code Enforcement Officer for comment.
Every loading space shall be surfaced with an asphalt or Portland cement binder pavement providing an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of an on-site stormwater drainage system. Individual stalls shall be clearly identified by markings four inches to six inches in width.
No part of a loading area shall be utilized for the open air outdoor storage of materials, merchandise and equipment.
When any part of a loading area is also utilized for refuse and trash disposal and storage purposes, all outdoor containers shall be closed and permanently stationed in an area that is easily accessible for pick up and removal and that satisfies the screening requirements of this chapter.
Loading and unloading operations shall be designed so they minimize the number and width of curb cuts.
§ 136-49 Off-street parking.
Change in use or intensity.
Whenever a use existing on the effective date of this chapter is changed thereafter to a new use, parking facilities shall be provided as required herein for such new use, except that when any such existing use was deficient in required parking spaces on such effective date, such new use may be established with a deficiency in required parking spaces equal in number to not more than such preexisting deficiency.
Whenever the intensity of use of any building, structure or use is increased, parking facilities shall be provided for such increase in intensity of use.
Measurement and computation.
Computation of required spaces.
When determination of the number of required parking spaces results in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded and fractions over 1/2 shall require one parking space.
In places of worship and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of such seating facility shall be counted as one seat for the purpose of determining the requirement for off-street parking facilities under this chapter.
When parking spaces are required on the basis of the number of staff or employees, the maximum number present at any one time shall govern.
Uses not specified. For uses not expressly listed in this section, parking spaces shall be provided on the same basis as required for the most similar listed use, as determined by the Code Enforcement Officer to interpret the provisions of this chapter.
Required parking spaces.
Vehicle parking. For the following uses, the number of off-street parking spaces shall include:
Use | Minimum Number of Spaces |
|---|---|
RESIDENTIAL | |
Single-family detached, dwelling | 2 per dwelling unit |
Multifamily dwelling | 1 per dwelling unit |
EDUCATIONAL AND RELIGIOUS | |
Day care or nursery | 1 per 6 persons enrolled |
Place of worship | 1 per 3 seats at maximum capacity |
CULTURAL AND RECREATIONAL | |
Amusement center | As determined by site plan review |
Auditorium and theaters | 1 per 4 seats |
Boat launch | 1.5 for each trailer |
Boat storage | As determined by site plan review |
Bowling alley | 2 per lane |
Community center | 3 per 1,000 SF gross floor area |
Health club | 2 per 1,000 SF gross floor area |
Library | 1 per 600 SF gross floor area |
Marina | 1 per boat slip without charter boat 2 per boat slip with charter boat |
Museum or art gallery | 1 per 800 SF gross floor area |
Recreation facilities | As determined by site plan review |
Tour boat operation | As determined by site plan review |
GOVERNMENT, SAFETY AND HEALTH | |
Public buildings | 1 per 200 SF gross floor area |
Medical clinic, medical office | 1 for each 4 patients |
Nursing home, health-related facility | 1 for each 4 residents |
Residential care facility | As determined by site plan review |
RETAIL | |
General retail | As determined by site plan review |
SERVICES | |
Bank | 2 per 1,000 SF gross floor area |
Bar, tavern, nightclub | As determined by site plan review |
Bed-and-breakfast establishment | 1 per guest bedroom, plus 1 for the owner |
Hotel and motel | 1 per room |
Funeral home | 1 per 4 seats |
Office, professional or business | As determined by site plan review |
Restaurant, carry-out | As determined by site plan review |
Restaurant, with drive-through facility | As determined by site plan review |
Restaurant, full service | As determined by site plan review |
School | 4 per classroom |
Owner-occupied transient occupancy lodging | 1 space for each vehicle used by the owner occupants plus a minimum of one space per 2 transient occupants or as determined by CEO |
Non-owner-occupied transient occupancy lodging | A minimum of once space per 2 transient occupants or as determined by CEO |
Bicycle parking. Bicycle parking shall be provided at 25% of the vehicle parking requirements.
Design for vehicle parking. Every parking area and parking lot shall be designed, constructed and maintained in accordance with the standards and requirements set forth herein.
Location.
Parking shall be located within 1,000 feet of the use served.
In all residential use districts, no parking shall be located in the required front yard setback except in a legal driveway that provides access to the residence, the rear yard, or a detached or attached garage.
Parking shall not be permitted between a building and the sidewalk on the street. Where existing or proposed buildings are set back from the public right-of-way, the front yard shall not be converted to parking.
Customer or employee parking for nonresidential uses shall not be located within 10 feet of any residential district or use, except where a solid screening wall at least six feet in height is placed on the lot line, in which case no setback shall be required.
Parking shall not be located within 10 feet of any street frontage, except where a decorative fence or wall of no more than three feet in height is used in conjunction with landscaping.
Parking of commercial vehicles in residential districts is prohibited. It shall be unlawful for any resident or any owner, agent, operator, or person in charge of any bus, semi-trailer, trailer, motor truck, tractor, and/or truck-tractor or any vehicle having a commercial registration plate and a gross vehicle weight of more than 8,000 pounds to park, store, or keep such motor vehicle on any residential property or on any public street, alley, or any right-of-way in any residential zoning district for a period in excess of one hour unless engaged in legitimate loading or unloading activities or in the conduct of providing professional services. It shall be unlawful for any resident in any residential zoning district to park on, cause to be parked on, or allow to be parked on his or her residential property more than one vehicle of 8,000 pounds' or less gross vehicle weight which is used for commercial purposes unless garaged entirely within a building. For the purposes of this section, "commercial purposes" shall mean having a commercial registration plate or commercial lettering or signage. The Code Enforcement Officer may issue an exemption from this section to any resident upon the Code Enforcement Officer's determination that enforcement against the resident creates a hardship and that the requested parking will not cause excessive noise or otherwise create a nuisance; in issuing an exemption, the Code Enforcement Officer may impose such conditions as he believes are necessary to protect the public interest.
Parking lots and parking areas shall be screened from abutting residential uses and districts with a solid screening a minimum height of six feet.
Up to 50% of the parking spaces required by this section may be otherwise located off site as approved by the Planning Board upon findings that:
It is impractical to provide parking on the same lot with the structure.
The required space is fully provided in a permanent, safe and easily accessible manner.
The off-site parking area is within 500 feet of the parcel or use it is supporting and within the same or a less-restricted district.
Up to 25% of the parking spaces required in this section for an office use may be landscaped and reserved for future parking upon approval of the Planning Board and subject to the following conditions:
The parking reserve plan shall show the location and layout of the parking held in reserve, and all other parking and access, together with all stormwater facilities which shall be sized to accommodate the reserve parking and any other amenities that would be necessary if the reserved parking were built.
The applicant shall also submit competent information to justify the reservation.
If any of the reserve parking is to be constructed, initiated by the applicant or as provided for below, the applicant shall first obtain site plan review approval from the Planning Board.
Within 30 days from the date of a written notice from the Code Enforcement Officer, based upon an observation that parking at the facility is insufficient, the applicant/owner of the facility shall file an application for site plan review. The applicant/owner shall diligently pursue such approval and subsequent construction of additional parking as may be required by site plan review. The observation that parking has become insufficient shall include the following or similar circumstances: regular or significant numbers of vehicles parked in unapproved areas of the site; off-site parking on neighboring properties; or parking on public streets. Such evidence must be of a continuous nature rather than a single occurrence (e.g., some special event or a "renegade parker").
Parking and landscaping.
A landscaped area shall have a minimum width of five feet, excluding curbs, retaining walls or similar enclosing structures.
Plant materials located in snow storage areas shall be selected to withstand the conditions associated with these areas.
All parking lot landscaping shall be salt tolerant.
Trees located in paved areas shall be provided with adequate tree pits to permit proper watering.
A minimum of one landscaped area with a minimum size of 200 square feet (approximately 10 feet by 20 feet) shall be provided for every 15 parking spaces and developed as islands within the parking surface area.
Parking lot stops shall include permanent material, such as concrete, masonry, metal or rubber. In no case shall wooden stops be used.
All required screening and landscaping shall be maintained and, if required, replaced to comply with the requirements in this section and any approvals.
Space sizes.
The following minimum standards shall apply to the width and length of required parking spaces:
Type of Parking | Angle | Stall Length | Stall Width | Aisle Width |
|---|---|---|---|---|
Traditional | 90° | 19' 00" | 9' 06" | 24' 00" |
Traditional | 60° | 21' 00" | 9' 06" | One-way, 18' 00" |
Traditional | 45° | 19' 10" | 9' 06" | One-way, 13' 00" |
Handicapped* | 90° | 19' 00" | 13' 00" | 24' 00" |
Handicapped* | 60° | 21' 00" | 13' 00" | One-way, 18' 00" |
Handicapped* | 45° | 19' 10" | 13' 00" | One-way, 13' 00" |
Note: | |
* | Loading area abutting stall shall be eight feet wide. |
These requirements may be amended for lots where the Code Enforcement Officer has obtained written proof from the applicant that the lot will provide valet parking.
Maneuvering space. Maneuvering space shall be located completely off the right-of-way of a public street unless otherwise approved by the appropriate authority.
Surface.
Off-street parking lots and parking areas shall be constructed in such a manner so as to provide an all-weather, durable and dustless surface. Individual stalls shall be clearly identified by markings four inches in width.
Parking surfaces shall be graded and drained to dispose of all surface water accumulation in the area without shedding additional water on an adjoining property or rights-of-way.
Lighting.
Lighting fixtures shall be designed, sized and located so as not to cast direct rays of excessive brightness upon adjoining premises or cause glare hazardous to pedestrians or person using adjacent public streets.
Parking lots used after sundown shall be lighted to give protection to persons using the lot, and the light source shall cast down.
All parking lots shall be required to provide lighting from dusk to dawn that meets Illuminating Engineering Society of North America (IESNA) standards.
Design of bicycle parking.
Bicycle parking shall be located and clearly designated in a safe and convenient location, at least as convenient as the majority of auto spaces provided.
Facilities shall be designed to accommodate U-shaped locking devices and shall support bicycles in a stable position without damage to wheels, frame or other components and shall be securely anchored and of sufficient strength to resist vandalism and theft.
§ 136-50 Outdoor displays.
Outdoor displays shall be allowed in the Village Center District and Commercial Resort District, subject to the following:
Outdoor displays shall be allowed adjacent to a principal building wall and extending to a distance no greater than five feet from the wall.
Such displays shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the building.
Outdoor displays shall be temporary or seasonal in nature.
§ 136-51 Outdoor lighting.
Outdoor lighting criteria and standards are provided to ensure coordinated, safe and functional lighting systems in each development. The standards set forth below shall apply to freestanding light fixtures and/or outdoor light fixtures affixed to a building or structure. Existing outdoor lighting shall meet the following criteria and standards within two years of adoption of this chapter.
Standards.
Light levels at the property line shall not exceed 0.1 footcandle.
Pedestrian area, plaza and walk lights shall not exceed 15 feet in height and should be designed to be harmonious with light fixtures on site.
All light fixtures shall be concealed-source fixtures, except for pedestrian-oriented accent lights.
Security lighting fixtures shall not project above the facade or roofline of any building and are to be shielded. Lighting shields shall be painted to match the surface to which they are attached. Security lighting fixtures shall not be substituted for parking lot or walkway lighting fixtures and are restricted to lighting only loading and storage locations or other similar areas requiring security lighting.
Service-area lighting shall be contained within the service yard boundary. No light spillover shall occur outside the service area; the light source shall not be visible from the street.
Exterior wall-mounted floodlights shall be prohibited except for security lighting in enclosed service courtyards.
Parking lot light poles shall not exceed 30 feet.
§ 136-52 Outdoor storage.
Outdoor storage shall only be allowed in the VC and CR Districts in accordance with this section.
Outdoor storage shall not be allowed in the front yard.
Outdoor storage shall not occupy more than 10% of the entire lot area and shall meet the following criteria:
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential uses.
Screening shall be of sufficient height and density to completely hide the storage from public view.
All screening shall be maintained in such a manner as to project a neat and orderly appearance at all times.
Outdoor storage shall only exist as an accessory use.
§ 136-53 Planned recreational development standards; miniature golf courses.
General standards.
The recreational facilities and incidental uses located on the same lot or part of the same development shall be treated as a single business for the purposes of the sign provisions of this chapter.
There shall be only one major public entrance to the development, and incidental uses shall be oriented towards the center of the recreational use. Public access to the incidental uses shall be available only from the interior of the development.
Off-street parking shall be provided for employees and staff.
Lighting shall be oriented so as to minimize disturbance to surrounding properties.
Games of skill or chance will be permitted only in a completely enclosed building of a permanent nature except in a designated amusement park. More than three games at one location will constitute an arcade and must meet the requirements hereinafter set forth.
Arcades must be housed in a suitable structure with access to the sidewalk with no more than one opening. In no event may access doors, if more than one is permitted, be closer than 20 feet to one another.
No land, including any building thereon, may be used for the operation of a drive-in theater.
Miniature golf courses.
A suitable fence or screen planting shall be provided around the entire playing area of the course.
The applicant must provide a landscaping plan that illustrates the location, size, and type of plant material proposed.
No devices included in the playing course shall exceed a height greater than 35 feet from the ground.
A suitable fence or screen planting six feet in height shall be provided where the course abuts any residential street or private dwelling.
§ 136-54 Residential building design standards.
Yard areas.
Except for driveways and walks, no portion of the front yard shall be paved with asphalt or concrete.
Clotheslines shall not be located between the principal structure and its street frontage.
The location of electric or gas meters, compressors, and generators is subject to site plan review.
No sidewalks or walkways shall be paved with asphalt.
Building materials. The materials of accessory structures shall conform to that of the principal structure.
§ 136-55 Shoreline construction and landscape standards.
All construction on any shoreline lot shall be carried out in such manner as to minimize interference with the natural course of such waterway, to avoid erosion of the shoreline, to minimize increased runoff of ground and surface water into the waterway, to preserve as many mature trees and as much existing vegetation as possible, and to generally maintain the existing aesthetic and ecological character of the shoreline.
No marina, boat service facility, or any storage of petroleum products shall be allowed within 100 feet of any shoreline, or a reasonable setback as determined necessary by the provisions of this chapter, unless measures have been taken to ensure that any leak, rupture or spill will be contained and not be introduced into or affect the adjacent waterway.
Any paved or otherwise improved parking, loading or service area within 100 feet of any shoreline shall be designed and constructed so as to minimize surface runoff and the entrance of any chemical pollutants or earthen siltation into the waterway in accordance with the stormwater provisions of this chapter.
No nonnative or evergreen hedge may exist adjacent to property boundaries within five feet of the shoreline (mean high water level).
§ 136-56 Sight triangles.
A sight triangle shall be maintained free from visual obstructions for a distance of 20 feet in both directions from a street corner and a distance of 10 feet in both directions from a curb cut along a public right-of-way, so as to provide safe sight distance for both vehicles and pedestrians.
§ 136-57 Swimming pool standards.
A swimming pool shall not be located, constructed or maintained on any lot or land area, except in conformity with the following requirements:
A private swimming pool shall be located in a rear yard only (front yard only for waterfront properties).
A private swimming pool shall not occupy more than 25% of the rear yard area.
The swimming pool area shall be entirely enclosed with a durable fence not less than four feet in height.
Every gate or other opening in the fence enclosing any swimming pool shall be kept securely closed and latched at all times when such pool is not in use.
A swimming pool shall not be less than 10 feet from side and rear lot lines.
The water inlet of every swimming pool shall be above the overflow level of said pool.
No permit shall be granted for the installation of construction of any commercial swimming pool unless a professional engineer licensed by the State of New York or the contractor has certified that the drainage plan and construction plan of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities, or with the public streets or adjacent properties.
All NYS Regulations.