Village Of Albion City Zoning Code
ARTICLE VI
Regulations Applicable to all Zoning Districts
§ 290-36 Accessory structures and uses.
A.
Accessory structures.
(1)
Accessory structures shall be located to the rear of the front building line.
(2)
Accessory structures shall not occupy more than 30% of a required rear yard in any zoning district.
(3)
No accessory building shall be located closer than five feet to a lot line in any zoning district.
(4)
Access drives or walks, flagpoles or unenclosed steps or terraces, not extending more than one foot above the adjoining finished grade, may be located in any portion of a lot, notwithstanding any of the above provisions.
B.
The following uses shall be permitted when located on the same lot as the authorized uses:
(1)
Building for storing products, merchandise or vehicles incidental or accessory to the authorized use.
(3)
Other customary accessory uses, structures and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity commonly conducted as a business.
(4)
Game center.
C.
Except with regard to construction on property principally used for agriculture, any accessory building shall be located on the same lot with the principal building, and no accessory building shall be constructed on a lot until the construction of the main building has been commenced, and no accessory building shall be used unless the main building on the lot is completed and used.
§ 290-37 Temporary structures or uses.
The following temporary structures shall be deemed to be permitted uses in all zoning districts, provided that all laws and regulations of New York State, Orleans County and the Village of Albion are adhered to:
A.
Temporary structures or uses incidental to construction work shall be permitted for a period of time not to exceed one year, provided that any such structure shall be removed forthwith upon the completion or abandonment of the construction work. Any extension of such time shall require a variance from the Zoning Board of Appeals.
B.
The temporary use of a dwelling as a model home, in all zoning districts in which dwellings are permitted, for a period of time not to exceed six months.
§ 290-38 Access to public street.
Every principal building shall have access to a public street improved to meet Village requirements. Access may be direct or by a driveway or private road constructed to Village standards. Said driveway or private road shall have a right-of-way width of not less than 30 feet and a pavement width of not less than 16 feet, improved with a durable all-weather surface, subject to approval of the Village Streets Superintendent. All structures shall be located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking.
§ 290-39 Lot for every principal use.
A.
Except as specifically provided herein, no lot shall have erected upon it more than one principal building. No yard or other open space provided about any building shall be considered to provide a yard or open space for any other building.
B.
Where two or more adjacent parcels of land are in the same ownership at the time of the enactment of this chapter, they shall, for the purposes of this chapter, be considered a single parcel or lot.
§ 290-40 Corner lots and through lots.
For the purpose of regulating the location of buildings on corner lots and on lots with frontage along two parallel streets, all portions of a corner lot or a through lot which front on a public street shall be subject to the front yard requirements of the zoning district in which said corner lot or through lot is located.
§ 290-41 Visibility at intersections.
No sign, fence, wall, hedge, shrub planting or tree foliage which obstructs vision at elevations between three and seven feet above the street level shall be placed or maintained within the triangular area formed by two intersecting street lines and a line connecting points on such street lines 25 feet distant from their point of intersection.
§ 290-42 Required yards and setbacks.
A.
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard setback area shall be measured from such proposed right-of-way line.
B.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision shall be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures, use or setbacks.
C.
Accessory buildings attached to a principal building shall comply with the yard requirements of this chapter for the principal building.
D.
No business establishment shall place or display goods for purposes of sale or permit any coin-operated vending machine of any type to be placed in any location that would infringe upon the required yard areas or setbacks specified in this chapter.
§ 290-43 Off-street parking.
In all districts, except for the Central Business District (CBD), there shall be provided, at the time any building or structure is erected, enlarged, increased in capacity or changed in use, improved and usable off-street parking spaces for motor vehicles in accordance with the requirements of this article and the Parking Schedule.[1] None of the off-street parking facilities as required herein shall be required for any existing building or use, unless said building shall be enlarged or the use of land changed. In such cases, off-street parking facilities shall be provided as hereinafter specified for the building as enlarged or to accommodate the needs of the new use.
A.
Parking requirements for single- and two-family dwellings.
(1)
Off-street parking for single- and two family dwellings shall be provided on a driveway which provides access to such residences or a garage which is accessory to such residential uses.
(2)
Except for parking on driveways, no front yard shall be used to park or store boats, vehicles, travel trailers, snowmobiles, snowmobile trailers and other similar equipment on a residential lot.
[Amended 7-8-1998 by L.L. No. 3-1998]
(3)
Off-street parking of not more than one commercial vehicle shall be permitted in conjunction with a single- or two-family dwelling, provided that the vehicle is used by the occupant of the premises.
[Amended 7-8-1998 by L.L. No. 3-1998]
B.
Design requirements.
(1)
Off-street parking space shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. For the purposes of this chapter, a parking space shall be not less than nine feet in width and 20 feet in length, exclusive of accessways and driveways.
[Amended 7-8-1998 by L.L. No. 3-1998]
(5)
All off-street parking shall be subject to site plan review by the Planning Board.
[Amended 7-8-1998 by L.L. No. 3-1998]
(6)
All parking areas, passageways and driveways (except where provided in connection with one- and two-family dwellings) shall be adequately drained and surfaced with a dustless, durable, all-weather surface, subject to approval of the Superintendent of Streets.
(7)
Each off-street parking space shall be so designed, maintained and regulated so that no parking or maneuvering incidental to parking shall occur on any public street, walk or alley and so that any motor vehicle may be parked and unparked without moving or damaging another.
(8)
The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots may be approved by the Planning Board during site plan review, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately. Joint parking, as defined herein, is encouraged.
(9)
No more than two driveways, of not less than 20 feet (two-way traffic) or 12 feet (one-way traffic) nor more than 30 feet in width, shall be used as a means of ingress or egress for each nonresidential use, except where the deviation from the number of or width may be deemed necessary by the Planning Board during site plan review due to site specific requirements.
[Amended 7-8-1998 by L.L. No. 3-1998]
(10)
Off-street parking for nonresidential and multiple dwellings shall be set back not less than five feet from the front lot line. Off-street parking for such uses may be permitted in the rear and side yards, subject to approval by the Planning Board during site plan review.
[Amended 7-8-1998 by L.L. No. 3-1998]
(11)
No driveway providing access to an off-street parking area shall be located within 20 feet of any side lot line or within 50 feet of a street intersection measured along the curbline of the same street on which the driveway is located. In addition, a minimum distance of 50 feet shall be maintained between two driveways located on any one frontage.
C.
Location of off-street parking areas. Off-street parking areas shall be located as hereinafter specified. If a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest public entrance of the building that said parking area will serve.
[Amended 7-8-1998 by L.L. No. 3-1998]
(1)
For one- and two-family dwellings and for all types of residential structures: on the same lot with the building they are required to serve.
(2)
For multiple-family dwellings: not more than 200 feet from the building they are required to serve.
(3)
For other uses: not more than 500 feet from the building they are required to serve.
D.
Screening and landscaping.
(2)
When a parking area for five or more vehicles is within or abuts a residential zoning district, a planted buffer shall be provided. Landscaping utilized to provide this buffer shall be not less than four feet in height at the time of planting and spaced not more than three feet apart. The necessity for the strip, and the approval of the design of the strip, shall be determined by the Planning Board during site plan review.
[Amended 7-8-1998 by L.L. No. 3-1998]
E.
Lighting.
(1)
All off-street parking areas and driveways (excluding areas serving one- and two-family dwellings) shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation.
(2)
Any lights used to illuminate an off-street parking area shall be so arranged as to reflect the light away from the street and all adjoining properties.
F.
Units of measurement.
(1)
For the purpose of applying the requirements for off-street parking and loading, gross floor area in the case of offices, merchandising or service types of uses shall mean the total floor area to be used or intended to be used by tenants or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It shall not include areas used principally for nonpublic purposes, such as storage, incidental repair, restrooms, fitting or alteration rooms or general maintenance or enclosed pedestrian malls or corridors.
(2)
In churches and other places of assembly in which patrons or spectators occupy benches, bleachers, pews or other similar seating facilities, each 18 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities.
(3)
When the determination of the number of required parking spaces results in the requirement of a fractional space, any fraction less than 1/2 may be disregarded, while a fraction in excess of 1/2 shall be counted as one parking space.
G.
Mixed occupancies and uses not specified. In any case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. In the case of a use not specifically mentioned in this section, the requirements for off-street parking facilities shall be determined by the Planning Board during site plan review. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use.
H.
Joint use. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in point in time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space shall be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use. Said document shall bind the owner, his heirs and assigns to maintain the required joint uses throughout the life of such uses and shall be approved by the Village Attorney.
I.
Use of public parking. Where public off-street parking facilities are available, other than off-street parking provided for a public building, the Planning Board, during site plan review, may permit a reduction in the number of required off-street parking spaces for uses located on any lot within 600 feet of such public parking facility.
J.
Accessory uses.
(1)
No additional off-street parking shall be required for uses accessory to any institutional use specified in the Parking Schedule included at the end of this chapter.
(2)
In the case of accessory retail sales, boat berths, restaurants or swimming pools, the parking requirement for either the accessory use or the principal use, whichever requirement is less, shall be reduced by 50%.
K.
Required off-street parking space. The minimum number of off-street parking spaces for specific uses as regulated in this chapter are contained in the Parking Schedule included at the end of this chapter.
[1]
Editor's Note: The Parking Schedule is included at the end of this chapter.
§ 290-44 Loading regulations.
A.
For every building, structure or part thereof having more than 5,000 square feet of gross building area erected and occupied for business or industrial use, as well as for other uses requiring the receipt and distribution of materials and merchandise by vehicles, there shall be space provided and permanently maintained for loading and unloading berths on the same lot with such building.
C.
The loading berth in each instance shall be not less than 12 feet in width, 35 feet in length and 14 feet in height.
D.
Such space shall have convenient access to a public street, shall not be used for customer or employee parking and shall not be considered as part of any required off-street parking area.
§ 290-45 Access control for nonresidential uses.
In order to encourage the sound development of street frontage, the following special regulations shall apply to all nonresidential buildings and uses:
A.
Each separate use, grouping of attached buildings or groupings of permitted uses shall not have more than two points of access. Additional accessways may be approved by the Planning Board, during site plan review, based on the need for such additional access which is supported by a traffic analysis prepared and submitted by the applicant.
B.
The use of common access points by two or more uses shall be encouraged by the Planning Board in order to reduce the number and closeness of access points along the streets and to encourage the fronting of significant traffic-generating uses upon a parallel access street and not directly upon a primary road.
C.
Access points for industrial uses shall not be less than 24 feet nor more than 40 feet in width. Unless otherwise specified for specific uses, all other access points and driveways shall not be less than 20 feet nor more than 30 feet in width.
D.
All access points on the same lot shall be separated by not less than 50 feet, measured in a straight line between the two closest curbs.
§ 290-46 Fences.
A. BARBED WIRE DECORATIVE FENCE FENCE HEDGE HEIGHT LIVING FENCE PICKET POST RAIL RAZOR WIRE RETAINING WALL STRUCTURAL FENCE WALL
Definitions of terms. The following definitions are applicable to this section:
Strands of wire twisted together with barbs at regular, close intervals.
A fence used for protection of home gardens or for decorative lawn accents being of visually unobtrusive construction, such as decorative wood or cast-iron picket fencing.
A barrier, as of wooden or metal posts, rails, wire mesh, etc., used as a boundary, decorative enclosure, means of protection or confinement.
A row of closely planted shrubs, bushes or other natural landscaping, forming a boundary or fence.
Unless otherwise noted, the distance measured from the average grade to the top of the fence.
Any fence or hedge composed of live materials.
A stake or slat, usually pointed, used as an upright in a fence.
A piece of wood, metal, etc., usually square or cylindrical, set upright to support a fence.
A bar of wood or metal, etc., placed horizontally between upright posts to serve as a barrier or support.
Strands of wire with a continuous or combination of continuous and barbed sharp cutting edges.
A wall built to keep a bank of earth from sliding.
Fencing types, such as masonry, chain link, stockade, basket weave, continuous board and other visually obstructive fencing types.
An upright structure of wood, stone, brick, etc., serving to enclose, divide, support or protect.
C.
Fence building and maintenance regulations.
(1)
Fences shall not exceed seven feet in height in any side or rear yard in any residential zoning district (R-1, R-2, R-3, R-MH and R-C).
(2)
Fences shall not exceed four feet in height in any front yard, except that fenceposts may be up to five feet in height.
(3)
Fences in the side or rear yard of property in the CBD, GC, PC or LI Zoning District may exceed seven feet in height, provided that site plan approval is obtained from the Village Planning Board.
(4)
Fences may be positioned a maximum of six inches above the ground to allow for grass mowing under the fence.
(6)
No part of any fence or wall shall be located closer than six inches to any property line.
(7)
The fencepost shall be placed in the ground to a depth defined by generally accepted standards to ensure stability. The fencepost shall be surrounded in the ground by a concrete, crushed stone or packed dirt foundation of at least six inches greater than the post diameter. Masonry fencing shall be supported with a footer in ground to meet state frostline requirements in our area.
(8)
If site plan review is required for proposed fencing located in a front yard, the Village Planning Board shall consider, in its review, the suitability of said fencing with regards to the general architectural standards of the surrounding properties.
(9)
No fence or wall shall be erected which creates a traffic hazard or endangers public safety.
(10)
Any fence constructed before this regulation was in effect may be repaired or maintained, in keeping with the original architecture of the fence. Any substantial improvement or changes in height, length or material shall require that the new fencing comply with the regulations of this section.
(11)
Fences and walls shall be maintained in a safe and sturdy condition. Paint, stain or wood preservative shall be applied to wood and metal fences as necessary for maintenance. No fence or wall shall be permitted to become unsightly or remain in a state of disrepair.
(12)
Barbed, razor or other security-type wire shall be allowed only in the Light Industrial Zoning District (LI) or for essential services or utilities in any district and shall be used only as a security barrier at the top of other fence material. Minimum height above grade for barbed, razor or other security-type wire shall be eight feet. Installation of this type of fence shall require site plan review by the Village Planning Board.
(13)
Chain link fences shall be erected with the closed loop at the top of the fence.
(14)
All entrance gates shall open into the property.
§ 290-47 Individual mobile homes.
A.
No individual mobile/manufactured home shall be allowed to locate outside of an approved mobile/manufactured home park in the Village of Albion. Refer to Article V for mobile/manufactured home park provisions.
B.
Those individual mobile/manufactured homes located on single lots, which lawfully exist at the time of enactment of this chapter, shall be allowed to remain subject to the provisions found in § 290-50, Nonconforming uses, structures and lots, of this chapter. No such mobile/ manufactured home shall be replaced with another mobile/ manufactured home.
§ 290-48 Modular homes.
Modular homes shall be affixed to a permanent site-built foundation and shall meet the requirements of the New York State Uniform Fire Prevention and Building Code.
§ 290-49 Preservation of natural features.
A.
No structure shall be built within 50 feet of the bed of a stream or drainage swale carrying water on an average of three months of the year, except for:
(1)
Public bridges, public waterworks and other municipal or public utility facilities.
(2)
Such private bridges, fords, drainage conduits, embankments and similar structures as are necessary to permit access to a lot or portion thereof or as are incidental to a lawful use of a lot, provided that such structure shall not have a material adverse effect on the stream nor alter the flow of water therein nor substantially increase the likelihood of flood or overflow in the area.
B.
No person shall strip, excavate or otherwise remove topsoil for use other than on the premises from which taken, except in connection with the approved construction or alteration of a building, swimming pool or other use or structure on such premises pursuant to the provisions of this chapter.
C.
No movement of earth or erosion shall be permitted at any time in any district which adversely affects conditions on any other property.
D.
Whenever natural features, such as trees, brooks, drainage channels and views, interfere with the proposed use of property, the retention of the maximum amount of such features consistent with the intended use of the property shall be encouraged.
§ 290-50 Nonconforming uses, structures and lots.
A.
Intent. It is the intent of this chapter to permit nonconforming uses and structures to continue until they are removed but not to encourage their survival.
B.
Construction approval prior to adoption of this chapter. Nothing contained in this chapter shall require any change in plans, construction or designated use of a building or site complying with existing laws, a permit for which had been duly granted before the date of adoption of this chapter or any applicable amendment thereto.
C.
Continuance. Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone district in which such land or building is located. The following provisions shall, however, apply to all nonconforming uses, structures and lots:
(1)
A nonconforming lot shall not be further reduced in size.
(2)
A nonconforming building shall not be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.
(3)
A nonconforming use shall not be expanded except as may be authorized by the Zoning Board of Appeals through variance procedures.
(4)
A nonconforming use may be changed into a conforming use. When a nonconforming use is changed to conform to the requirements of this chapter, the use of the building or tract of land shall not be changed again except in accordance with these regulations.
(5)
Where such nonconforming use is upon the land itself and not enclosed within a structure or where such use involves the removal of soil, minerals or the excavation of gravel or rock or other material, such use may be continued upon the land being so used at the time of the adoption hereof. Any such nonconforming use of the land may be extended or expanded to include any part of the plot or parcel of land now being used or held in reserve for future use, provided that such enlargement does not involve the use of any lot acquired or the excavation rights of which were acquired by the excavation operator after the effective date of this chapter. However, such extension or expansion of such nonconforming use shall comply with the setback and fencing requirements of this chapter.
D.
Abandonment. In any district, whenever a nonconforming use of land, premises, building or structure or any part or portion thereof has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished and all future uses shall be in conformity with the provisions of this chapter. Such discontinuance of the active and continuous operation of such nonconforming use or part of portion thereof for such period of one year is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon the same or of an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed, and all rights to reestablish or continue such nonconforming use shall thereupon terminate.
E.
Existing lots of record. A nonconforming lot of record existing at the effective date of this chapter may be used for any purpose permitted in the zoning district in which it is located, irrespective of its area or width, provided that the owner of such lot does not own any adjoining property which would create a conforming lot if all or part of said property were combined with subject lot and provided that all other provisions of this chapter are adhered to. No lot or lots in single ownership shall hereafter be reduced in size so as to create one or more nonconforming lots.
F.
Restoration.
(1)
Any building damaged by fire or other unintentional causes to the extent of more than 50% of its true value shall not be repaired or rebuilt except in conformance with this chapter. Provisions of Chapter 135, Buildings, Unsafe, of the Code of the Village of Albion shall apply to the removal of debris and restoration of land. In the case of a permitted restoration of a nonconforming use, such restoration shall not increase the degree of nonconformance.
(2)
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall or roof which has been declared unsafe by the Code Enforcement Official.
(3)
Normal maintenance repairs and incidental alteration of a building or other structure containing a nonconforming use shall be permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use.
(4)
Any building which is nonconforming due to insufficient yard distances or lot area shall not be considered a nonconforming use. Any alterations or structural changes may be accomplished within the existing frame of said building, but any additions shall conform to the specific setback and yard distance requirements of this chapter.
G.
Moving. Should any structure be moved for any reason for any distance, it shall thereafter conform to the requirements for the district in which it is located after it is moved.
H.
Zoning district changes. Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
I.
Certification of nonconformance. After the effective date of this chapter, upon the written request of the user of any structure or premises or at the instance of the Code Enforcement Official, an examination by the Code Enforcement Official of any existing use shall be made. A report of the findings made upon such examination shall thereafter be filed with the Zoning Board of Appeals, together with a certificate of existing nonconforming use, which shall clearly describe the premises and structure, if any, referred to and shall specify the nature and extent of such existing use. Such certificate shall be prepared in triplicate; one copy of which shall be maintained by the Code Enforcement Official, one copy of which shall be furnished to the Zoning Board of Appeals and one copy to be furnished to the owner or user.
§ 290-51 Stormwater drainage.
All construction plans shall include consideration of stormwater drainage needs. Whenever possible, site grading shall direct water away from buildings and structures to the natural drainageway.
§ 290-52 Sewage disposal.
Connection to the public sewer system shall be required for the use of any lot or building which involves the disposal of sewage or wastewater. Such connections shall be approved by the Code Enforcement Official and other local or state officials as may be required by state or local law or regulations.
§ 290-53 Home occupations.
A.
The type of business that may be permitted as a home occupation includes, but is not limited to, the following:
B.
Such use shall be located within a dwelling and shall be clearly incidental to the primary residential use. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or signs or the emission of sounds, noise or vibration.
C.
No more than one person, other than a member of the immediate family occupying such dwelling, shall be employed as part of the home occupation.
D.
No article shall be sold or offered for sale except such as may be produced by members of the family residing on the premises.
E.
There shall be no outdoor storage or display of materials, goods, supplies or equipment related to the operation of the home occupation.
F.
A minimum of one off-street parking place shall be provided in connection with the home occupation, plus one parking space for any employee of the home occupation who does not reside on the premises, in addition to the two parking spaces required for a dwelling. Parking for such vehicles shall be provided off the street and other than in a required front yard.
G.
The use shall not generate traffic, parking, noise, vibration, glare, fumes, odors or electrical interference beyond that which normally occurs in the applicable zoning district.
H.
One nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation. It shall not exceed one square foot in area and shall be attached to the structure.
I.
No more than 25% of the gross floor area of the residence shall be used for the conduct of a home occupation.
J.
Only one commercial-type vehicle, not exceeding a rated capacity of 3/4 of a ton, may be used in connection with the home occupation.
K.
Video arcades and amusement centers shall not be permitted as home occupations.
§ 290-54 Alternate energy systems.
This section is intended to reduce impacts on neighboring property owners and health and safety problems which may accompany alternate energy systems.
A.
An open area, free of all buildings or structures, shall be provided around all wind energy towers, on the owner's property, with a radius at least equal to the height of the tower.
B.
Energy collection/storage facilities and appurtenant electrical equipment shall not cause undue interference, noise or glare.
C.
Windmill blades shall clear the ground at their lowest point by at least 20 feet.
D.
Height exemption. The height limitations of this chapter shall not apply to wind energy towers or solar collectors, provided that such structures are erected only to such height as is necessary to accomplish the purpose for which they are intended and that such structures do not obstruct solar access to neighboring properties.
§ 290-55 Habitation.
All residential habitation shall be in residential dwellings as defined in this chapter. No basement sited independently of a structure shall be inhabited as a dwelling.
§ 290-56 Swimming pools.
Swimming pools may be installed as accessory structures to a dwelling for the private use of the owners or occupants of such dwelling and their families and guests or in conjunction with a club or as a public or commercial recreation use. Swimming pools shall conform to the following minimum standards:
A.
Such pools shall be installed in the rear or side yard of the premises.
B.
The setbacks from the side and rear lot lines shall be at least five feet.
C.
Fences shall be erected and maintained, in conformance with the provisions of the Uniform Fire Prevention and Building Code and all other applicable laws and regulations.
D.
Every gate in a fence enclosing any pool, including an opening through the dwelling or other main building of the premises, shall conform to the requirements of the NYS Uniform Fire Prevention and Building Code.
E.
This section does not apply to farm ponds or other natural or artificially made bodies of water.
§ 290-57 Satellite parabolic antennas
This section is intended to provide the minimum level of control necessary to accomplish the health, safety and aesthetic objectives of the Village.
A.
Antennas smaller than 36 inches in diameter shall be permitted in any district without a permit.
B.
All parabolic antennas larger than 36 inches in diameter shall require a zoning permit from the Code Enforcement Official. Such antennas shall be located on in the rear yard only.
C.
Antennas larger than 36 inches in diameter and located in a front or side yard or attached to a building or tower shall require site plan review from the Village Planning Board. The Planning Board may require the applicant to screen the dish in order to reduce potential nuisance or disturbances to adjacent properties. Although locations in side and rear yards shall be encouraged, a ground-mounted satellite TV dish antenna may be located in a front yard if the applicant can demonstrate to the satisfaction of the Planning Board that locating the dish in either the side or rear yard would not provide adequate reception.
D.
Antennas shall be set back from all other structures and all property lines a distance which is not less than 1 1/2 times the distance between the highest part of such antenna or tower and the ground. Guy wires, anchors and other supports for an antenna shall not be closer than 10 feet to any property line.
§ 290-58 Storage or disposal of liquid or solid waste.
No lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Village Board. Duly approved individual sewage disposal systems shall be excepted from this provision. Village Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the Department of Health and/or New York State Department of Environmental Conservation. The Village Board may require the submission of any documents necessary to make the foregoing finding.