Valatie City Zoning Code
ARTICLE V
Supplementary Regulations
§ 345-18 General provisions.
A.
Customary home occupation. In any district, nothing in this chapter shall prevent an individual from conducting his business, trade or profession in his home or residence;; that no other professional shall be permitted to share, let or sublet space for professional use; that there be no external evidence of such use except for one sign not exceeding two square feet in area; that there shall not be any exterior storage of materials or equipment; and that there be no noise noticeable at the lot line. The conducting of a hospital, clinic, animal hospital, nursery school, barbershop or beauty shop shall not be deemed a customary home occupation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Excavations.
(1)
Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create any noxious or injurious substance or condition or cause public hazard.
(2)
In any district, excavation relating to the construction, on the same lot, of a building or structure for which a building permit has been issued shall be permitted. In the event that construction of a building or structure is stopped prior to completion and the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials, and any excavation with a depth greater than two feet below existing grade shall immediately be filled in and the topsoil replaced, or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which the excavation is located.
C.
Activity standards. In any district, the following standards for activities shall apply:
(1)
No offensive or objectionable vibration or glare shall be noticeable at or beyond the property line.
(2)
No activity shall create a physical hazard, by reason of fire, explosion, radiation or other such cause, to persons or property in the same or adjacent district.
(3)
There shall be no discharge of any liquid or solid waste, into any stream or body of water or any public or private disposal system or into the ground, or of any materials of a nature that may contaminate any water supply, including groundwater supply.
(4)
There shall be no storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin or endangers health in any way.
(5)
The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals or plant life or other forms of property shall be prohibited.
D.
Planned new streets. After the planned right-of-way line for future streets, for future extensions of existing streets or for future street widening is established on the Official Map, if any, buildings and structures shall be set back from such line as though it were a street line.
E.
Accessory buildings and uses.
(1)
Accessory buildings not attached to principal buildings shall be located no closer to the principal building than 10 feet or a distance equal to the height of each accessory building, whichever is greater.
(2)
In a residential district, accessory uses not enclosed in a building, including swimming pools and tennis courts, may not be located in the side or front yards of such lot and shall be distant not less than 20 feet from any lot line in an R-1 or R-2 District. No boat or truck with a capacity over one ton shall be stored on any residential lot in an R-1 or R-2 District, except in the rear yard and not closer than the required side yard to any side lot line.
(3)
An accessory building intended for the enclosure of garden tools may be placed in the yard of any lot without regard to the side and rear yard requirements of the Density Control Schedule, provided that such accessory building shall not exceed 150 square feet and 10 feet in height, except that no such accessory building shall be located within 10 feet of a side or rear yard boundary.
[Added 12-11-1990 by L.L. No. 6-1990]
F.
Corner clearance. For the purpose of minimizing traffic hazards at street intersections, on any corner lot, no obstruction between a height of 2 1/2 feet and 10 feet above the adjacent center-line elevation shall be permitted to be planted, placed, erected or maintained within the triangular area formed by the intersecting pavement lines, or their projections where corners are rounded, and a straight line joining the pavement lines at points 50 feet distant from their point of intersection.
G.
Fences and walls. The requirements of this chapter shall not apply to necessary retaining walls, fences or walls not exceeding a height of six feet in any side or rear yard in an R-1, R-2 or B-1 District and not exceeding a height of four feet in any front yard of an R-1, R-2 or B-1 District, except where corner sight distances are required for traffic safety. In any B-2 Business District there shall be no restriction on fences or walls, except on an R-1 or R-2 District boundary line where such fences or walls shall be limited to eight feet in height and except where corner clearances are required.
I.
Transition requirement. Where a lot in a business district abuts a lot in a residence district, there shall be provided along such side or rear lot line in the business district abutting a residence district a wall, fence, compact evergreen hedge or a landscaped strip of trees or shrubs so designed as to form a visual screen not less than six feet in height at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, a chain link fence covered with an evergreen vine or a compact evergreen hedge.
J.
Agriculture shall include buildings and activities, except farms expressly for the disposal of offal and farms expressly for garbage disposal. The processing and storage of agricultural products, including packing, warehousing and storing, is permitted, except that slaughterhouses and rendering and fertilizer plants are prohibited. The unenclosed storage of manure or areas for storage of dead fowl or other odor- or dust-producing substance or use shall not be permitted within 200 feet of a property line or public street right-of-way. Buildings for the housing of fowl or farm animals shall not be located in the required front yard or within 200 feet of a property line. The keeping of customary household pets is permitted in any district.
§ 345-19 Off-street parking and loading regulations. [1]
In all districts, off-street automobile parking spaces and truck loading areas for the various permitted uses shall be required at the time any of the main buildings or structures of such uses are constructed or altered, as follows.
A.
Required off-street automobile parking spaces. The minimum cumulative number of spaces shall be determined by the amount of dwelling units, bedrooms, floor area, members, equipment, employees and/or seats contained in such new buildings or structures or added by alteration of building or structures, and such minimum number of spaces shall be maintained by the owner of such buildings or structures, as follows.
(1)
Office, business and commercial uses:
(a)
For retail business or service, bank or post office: one space for each 100 square feet of customer floor area.
(b)
For office, including professional, personal services and public utility: one space for each 200 square feet of gross office floor area.
(c)
For restaurant, bar or nightclub: one space for each 50 square feet of customer floor area.
(d)
For funeral home: one space for each five seats of chapel or chapel capacity.
(e)
For any commercial use: one space for each company vehicle in addition to other required spaces.
(f)
For hotel and motel: one space for each bedroom, plus one space for each four employees.
(2)
Spaces in municipal parking lots, designed to serve nongovernmental uses where provided, may be credited toward the parking requirements for the above nonresidential uses, provided that:
(a)
These spaces are within 400 feet of the uses to be served.
(b)
The parking needs of existing facilities within 400 feet, and computed on the same basis as for new facilities, are satisfied first, and only excess capacity is used for this purpose.
(c)
A special permit for such use is obtained from the Zoning Board of Appeals.
(3)
Industrial uses:
(a)
One space for each 400 square feet of floor area devoted to manufacture, including printing, publishing, wholesale business and laundry or dry-cleaning plants, or one space for each 1.5 employees, whichever is greater.
(b)
One space for each 2,000 square feet of floor area devoted to storage.
(c)
One space for each 2,000 square feet of area devoted to outside storage, including equipment rental or sales yard.
(d)
For any industrial use: one space for each company vehicle in addition to other required spaces.
(4)
Public and semipublic uses:
(a)
For places of public assembly, including churches, theaters and concert halls: one space for each four seats of seating capacity.
(b)
For elementary school or day nursery: two spaces for each classroom.
(c)
For high school or college: five spaces for each classroom.
(d)
For museum, art gallery, institution or philanthropic use: one space for each 800 square feet of gross floor area.
(e)
For hospital, sanatorium, nursing or convalescent home: one space for each two beds.
(f)
For a club: one space for each 200 square feet of gross floor area or one space for six seats of seating capacity, whichever is greater.
(6)
Residential uses:
(a)
For one- or two-family dwellings: two spaces per dwelling unit; for multifamily dwellings: two spaces per dwelling unit.
(b)
Customary home occupation or professional office in a dwelling unit: one space for each 200 square feet devoted to such customary home occupation or professional office, plus the required space per dwelling unit.
(c)
Boardinghouse: one space for each bedroom.
(7)
For uses listed herein: as established by the Zoning Board of Appeals.
B.
Calculation of required spaces. In the case of a combination of uses, the total requirements for off-street automobile parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.
C.
Dimensions for off-street automobile parking spaces. Such space provided shall be at least nine feet wide and 20 feet long, and every space shall have direct and usable driveway access to a street or alley with minimum maneuver area between spaces as follows:
(1)
Parallel curb parking: five feet end to end with twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(2)
Thirty-degree-angle parking: thirteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(3)
Forty-five-degree-angle parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(4)
Sixty-degree-angle parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(5)
Perpendicular parking: twenty-six-foot aisle width for one-directional and two-directional flow.
D.
Location of required spaces.
(1)
In any residential district, no open or enclosed parking area shall encroach on any required front yard or required open areas. Open parking areas may encroach on a required side or rear yard within three feet of a property line.
(2)
In business or industrial districts, such spaces shall be provided on the same lot or not more than 400 feet therefrom.
(3)
No entrance and exit drives connecting the parking area and the street shall be permitted within 25 feet of the intersection of two public rights-of-way.
E.
Required off-street truck loading areas.
(1)
For funeral homes: one berth for each chapel.
(2)
For hotels and motels: one berth for floor area in excess of 10,000 square feet.
(3)
For office, business and commercial uses: one berth for 10,000 square feet to 25,000 square feet of floor area and one additional berth for each additional 25,000 square feet of floor area.
(4)
For other permitted nonresidential uses: one berth for 10,000 square feet to 25,000 square feet of floor area and one additional berth for each additional 25,000 square feet of floor area, unless it can be proven that truck deliveries shall not exceed one vehicle per day.
F.
Dimensions for off-street loading berths. Each required loading berth, open or enclosed, shall have the following minimum dimensions: 35 feet long, 12 feet wide and 14 feet high, except that berths for funeral homes may be 20 feet long, 10 feet wide and eight feet high.
G.
Location of required berths. All off-street loading areas shall be located on the same lot as the use for which they are permitted or required. Open off-street loading areas shall not encroach on any required front or side yard, accessway or off-street parking area, except that in business districts off-street parking areas, where they exist, may be used for loading or unloading, provided that such spaces shall not be so used for more than three hours during the daily period that the establishment is open for business.
H.
Construction of parking areas. Required parking spaces for more than five cars accessory to commercial, industrial or multifamily uses shall be paved with all-weather surface of asphalt, concrete or shale or gravel penetrated with oil and suitably drained. The individual spaces shall be visibly marked with paint or other durable material. Parking areas to be used at night shall be lighted. All lights shall be so shaded or so directed as not to cause glare on adjoining residential properties and shall be so directed as not to cause a traffic hazard due to glare or color.
I.
Landscaping. At least 8% of the area of the lot usable for off-street parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material. All loading berths and parking areas of three or more spaces that abut a residential lot line and any parking lot for more than 20 cars shall be screened by a six-foot-high solid masonry wall or a compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen from the adjoining property. All parking areas and landscaping shall be properly maintained thereafter in a sightly and well-kept condition.
§ 345-20 Gasoline filling stations.
In any district where permitted, a gasoline filling station shall be subject to the following regulations:
A.
Filling stations shall be permitted only on lots of 10,000 square feet or more, with 100 feet minimum frontage.
B.
The area for use by motor vehicles, except access drives thereto, as well as any structures shall not encroach on any required yard area.
C.
No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the outside edge of the fuel island.
D.
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station unless a public street lies between such service station and such building or use.
E.
All major repair work and all storage of equipment and parts shall be within a completely enclosed building which has a maximum height of 25 feet. Such repair work shall not include any body repair work or spray painting or car washing which requires mechanical equipment in a B-2 District except by special permit of the Zoning Board of Appeals as provided by this chapter.
§ 345-21 Signs.
No sign or other device for advertising purposes of any kind may be erected or established except as provided as follows:
A.
Signs in residential districts. No sign or other device for advertising purposes of any kind may be erected or established in any residential district except issued pursuant to this chapter as follows:
(1)
Permitted nonresidential uses, except places of worship, libraries, museums, social clubs or societies and legal nonconforming nonresidential uses, home occupations or day nurseries, may display signs, pertaining to the use of property, having an aggregate total face area of not more than six square feet and not projecting beyond the principal building of such use to which they are attached more than 12 inches.
(2)
Dwellings for five or more families may display nonilluminated signs, identifying the premises, having an aggregate total face of not more than six square feet and not projecting beyond the principal building on the lot more than 12 inches.
(3)
Any dwelling unit in a detached or attached structure may display one nameplate or professional sign not exceeding one square foot in area, provided that such sign is fixed to the main wall of the residence building.
B.
Signs in business and industrial districts.
(1)
The total surface display area of business signs shall not exceed in square feet one square foot per lineal foot of principal frontage of the lot, but not to exceed 100 square feet in area and not to exceed two in number. Such signs shall not project more than two feet beyond the principal building on the lot. Such signs shall not extend more than 20 feet above the ground level or exceed the highest part of the building housing the business or service advertised, whichever is less restrictive. "Principal frontage" shall mean the frontage of the lot adjacent to the principal street in the case of a corner lot. Where a corner lot faces two principal business streets, only one such frontage shall be considered the principal frontage. In the case of a corner lot, such square-foot sign area may be increased by an additional 0.5 square foot per linear foot of frontage of the lot on the secondary street but not to exceed 25 square feet and not to exceed one sign in number, provided that such increased sign area shall be used only for the erection of a flat sign on the length of the building which faces the secondary street.
(2)
The B-2 Business District and light industrial districts. Two freestanding signs having an aggregate total face area of not more than 100 square feet may be displayed for each establishment, provided that such signs shall be located no nearer than 10 feet to any property line, and provided further that such signs shall not extend more than five feet above the height of the roof of a building at the point of location of the sign, whichever is less restrictive. However, the total surface display area of all signs on a lot in a B-2 Business District shall not exceed 100 square feet. Notwithstanding, necessary directional signs shall be permitted.
(3)
Notwithstanding the provisions of this chapter to the contrary, any person lawfully occupying or using any sidewalk for the purpose of laying, opening or exposing for sale goods of any description as permitted by Chapter 296 of the Code of the Village of Valatie may place a business sign in the same space so occupied for such sale purposes, but none other, and further provided that such sign shall not exceed four feet in height, and further provided that any such sign should be displayed during business hours only in the building adjacent to the sidewalk.
[Added 11-13-1990 by L.L. No. 5-1990]
C.
Advertising signs. Hereafter, notwithstanding any other provisions of this chapter, signs not pertaining to the use, sale, rent or lease of property on the same lot and signs not representing construction or subdivision activity, as allowed, are not permitted in any district, except that signs for the purpose of directing persons to a business or establishment may be erected in any district, provided that such signs shall not exceed four square feet in area per establishment, shall conform with applicable regulations of the district in which they are located, shall be grouped on community poles and shall be approved by the Planning Board.
D.
Projecting signs. No sign may project into any public right-of-way.
E.
Subdivision signs. Any person offering lots for sale in a subdivision may erect nonilluminated, directional signs, within the limits of the subdivision or adjoining property in the same ownership, having an aggregate total face area of not more than 20 square feet. The permit for such signs shall be issued for a period of one year, each following a determination by the Code Enforcement Official that the signs have been repainted or are in good condition in each case.
F.
Exemption from above regulations:
(1)
Real estate signs which advertise the sale, rental or lease of the premises upon which said signs are located, having an aggregate total face of not more than six square feet, within any residential district and business district, and such sign shall not be nearer than 25 feet to the street line.
(2)
One professional or business nameplate not exceeding two square feet in area for one professional or business establishment where such signs would not otherwise be a permitted use.
(3)
One sign denoting the architect, engineer and/or contractor when placed where work is under construction, and not exceeding 20 square feet in area.
(4)
Memorial signs, historical markers or tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material, not exceeding six square feet in area.
(5)
Traffic or other municipal signs, legal notices and such temporary, emergency or nonadvertising signs as may be authorized by the Village Board.
G.
Illuminated signs. Illumination of signs shall not be of intermittent or varying intensity or produce direct glare beyond the limits of the side property line. Red, green and amber lights of such shape and hue that may be confused with official traffic lights and signals shall be prohibited. All bare incandescent light sources and immediately adjacent reflecting surfaces shall be shielded from view. No revolving or neon signs shall be allowed.
H.
Banners. No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices. These devices, as well as strings of lights, shall not be used for the purposes of advertising or attracting attention when not part of a sign.
I.
Posters. Temporary, nonpermanent posters, covering such things as political events, sporting events, shows and elections, shall not be displayed until four weeks prior to the event and must be removed within five days after the event. No such sign shall be attached to a tree or utility pole.
J.
Removal of certain signs. Any sign now or hereafter existing which no longer advertises a business conducted or a product available for purchase by the public on the premises shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within 10 days after written notification, by certified mail, from the Code Enforcement Official, and, upon failure to comply with such notice within the time specified in such order, the Code Enforcement Official is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.
[Amended 4-22-1980 by L.L. No. 17-1980]
§ 345-22 Mobile homes. [1]
[Amended 4-22-1980 by L.L. No. 17-1980]
Nothing in this chapter shall prohibit the storing or parking of an unoccupied camping or travel trailer on any residential lot; provided, however, that such trailer must be located only in the rear yard and shall not be located closer to the side lot line than the required side yard for the district in which located.
§ 345-23 Cemeteries.
No burial or memorial plots or buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge or a wall or landscaped strip at least six feet in height providing complete visual screening from all adjacent residential property is provided, burial or memorial plots less than six feet in height may be located no closer than 20 feet to any residential lot lines.
§ 345-24 Sanitary sewage disposal. [1]
No person shall undertake to construct any new building or structure in the Village of Valatie without first meeting the requirements for a system or facilities for the separate disposal of waterborne sewage and domestic or trade wastes in accordance with applicable regulations of the Village, the Columbia County Department of Health and other governmental authorities.
§ 345-25 Industrial district performance standards.
A.
General standards. The following general standards are hereby adopted for the control of uses in any industrial district, and no use shall be permitted, established, maintained or conducted therein which shall cause:
(1)
Excessive smoke, fumes, gas, odor, dust or any other atmospheric pollutant beyond the boundaries of the lot whereon such use is located. Smoke is excessive when the shade or appearance of such smoke is darker than No. 2 on the Ringelmann Smoke Chart, published by the United States Bureau of Mines.
(2)
Noise, perceptible beyond the boundaries of the lot occupied by such use causing the same.
(3)
Any pollutant by discharge of any waste material whatsoever into any watercourse, open ditch or land surface.
(4)
Discharge of any waste material whatsoever into any sanitary disposal system or sewerage system, except only in accordance with the rules of and under the control of public health authorities or the public body controlling such sewerage system. Any chemical or industrial waste which places undue loads, as determined by the Village Engineer, shall not be discharged into any municipal system and must be treated by the industrial use.
(5)
Storage or stocking of any waste materials whatsoever, except in a completely enclosed building.
(6)
Glare or vibration perceptible beyond the lot lines whereon such use is conducted.
(7)
Hazard to person or property by reason of fire, explosion, radiation or other cause.
(8)
Any other nuisance harmful to persons or property.
B.
Specific standards. The following specific standards are hereby adopted and must be complied with for and by any use in any industrial district and before the same is permitted, established, maintained or conducted:
(1)
Storage facilities. Materials, supplies or semifinished products shall be stored on the rear half of the property and shall be screened from any existing or proposed street.
(2)
Loading docks. No loading docks shall be on any street frontage. Provisions for the handling of all freight shall be on those sides of any building which do not face on any street or proposed streets.
(3)
Landscaping. It is hereby declared that all areas of the plot not occupied by buildings, parking, driveways or walkways or storage shall be landscaped attractively with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain as well as the situation of the lands and premises themselves and with regard to adjoining lands and premises.
(4)
Fences and walls. Property that is adjacent to a residential or business district shall be provided along such property lines with a wall, fence, compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen not less than six feet at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, a chain link fence covered with an evergreen vine or a compact evergreen hedge. Where a front yard adjoins a street, the wall, fence or hedge shall be located no closer to the street than the depth of the required yard.
(7)
Buffer strip. In addition to the fences and walls, the entire district must be separated along its outside boundary from any adjoining residential zones by a buffer strip, suitably landscaped, at least 100 feet wide.
(8)
Proper and adequate water supply, sewerage and waste disposal, other utility services and accessibility to and from public streets must be provided.
§ 345-26 Floodplains. [1]
A.
The areas of the municipality which are subject to periodic inundation, as delineated on the Zoning Map, are designed as Floodplain Districts for the purposes of protecting human life, preventing material losses and reducing the cost to the public of rescue and relief efforts occasioned by the unwise occupancy of area subject to floods.
B.
In the F Districts, no structure shall be erected, constructed, reconstructed, altered or moved for residential purposes. The only uses permitted, by right or special permit, are listed in the Permitted Use Schedule, § 345-9.
C.
Notwithstanding, the Village Board, after Planning Board review and upon a finding that an area described by an application submitted by an owner or his agent within a Floodplain Zoning District is safe from flooding, may permit such area within the Floodplain District to be used in accordance with the regulations (including use, area, bulk and height) specified for the most restrictive adjacent zoning district. An applicant applying for such permission shall produce sufficient evidence that the area covered by the application is now actually safe from flooding. Such evidence shall include an indication that means of vehicular access to the premises from an existing street is safe from flooding and may include engineering surveys and reports. Evidences shall also be submitted that sewage disposal, water supply and surface drainage are adequate to serve the intended use.
D.
Approval of the application by the Village Board shall affect only that portion of the land in the Floodplain District described in the application.
§ 345-27 Conditional uses.
A.
General provisions. Conditional uses are hereby declared to possess characteristics which require that each specific use shall be considered an individual use. Any use for which a special use permit is granted by the Board of Appeals shall be deemed a use permitted in the district in which located, except that for any addition or enlargement of such use, a separate special use permit shall be required for each addition or enlargement. A conditional use must be in conformity with the provisions of this chapter and shall affect only the lot or portion thereof which it shall have been granted.
B.
Required plan. A plan for the proposed development of a site for a permitted conditional use shall be submitted with the application for a special use permit to the Board of Appeals, and such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of this chapter.
C.
Basis for deliberation; general provisions. Before issuing a special use permit, the Board of Appeals shall take into consideration the public health, safety, morals and welfare and shall assure itself of the following:
(1)
That there shall not be any detrimental effect by the establishment of such use on other uses within the district.
(2)
That such use will be in harmony with the orderly development of the district, and the location, nature and height of buildings, walls, fences and parking areas will not discourage the appropriate development and use of the adjacent lands.
(3)
That all structures, equipment and materials shall be reasonably accessible for fire and police protection.
(4)
That the use meets the prescribed requirements for the district in which located, including minimum yard requirements for the district in which located or as further specified in this section, and including maximum height, required off-street parking and sign regulations and the following prescribed provisions.
D.
Prescribed standards. In addition to the above general provisions, the following uses shall comply with the following prescribed standards.
(1)
Hospital, nursing home, convalescent home, sanatorium, institution or philanthropic use:
(a)
The total building area shall not exceed a lot coverage of 30%.
(b)
Primary access to such use shall not be by a minor street serving as access to abutting residential properties.
(c)
Off-street parking areas and outdoor storage areas shall be screened from adjacent residential properties. Any lighting shall be so arranged as not to cause glare on adjacent properties.
(d)
No building shall be located within 100 feet of any lot line.
(2)
Multifamily dwelling or boardinghouse:
(a)
A multifamily dwelling shall comply with the minimum lot area per dwelling unit requirement for the district in which located. A boardinghouse shall not contain more than six rentable units in addition to a dwelling unit.
(b)
There shall be off-street parking provided on the same lot with the principal use at least equal to the minimum requirements specified by this chapter. Off-street parking accessory to a multifamily dwelling shall not be located in a front yard or side yard abutting a street and shall be screened from adjacent properties.
(c)
There shall be a finding that the water supply and sewage disposal system shall be adequate to serve the use.
(d)
The primary access to a multifamily dwelling shall not be by a minor street designed to serve primarily as access to single-family residential units, but shall be by means of a collector street or other street on which, in the opinion of the Board of Appeals, the traffic generated by such multifamily dwelling will not adversely affect existing or potential development in the area.
(e)
Multifamily dwellings and boardinghouses shall meet the minimum specified front yard, side yard, rear yard, coverage and maximum height requirements specified on the Density Control Schedule for the district in which located.[1]
[1]
Editor's Note: The Density Control Schedule is included as an attachment to this chapter.
(f)
Signs accessory to a multifamily dwelling shall comply with the regulations of § 345-21A(2).
E.
Additional conditions. In issuing a special use permit, the Board of Appeals may require any walks, fences or landscaping or attach such condition which it deems necessary to protect the value of adjacent properties or to prevent any hindering of the appropriate use of adjacent land.